Monday, September 30, 2019
The Fourth Amendment
Abstract This paper will investigate the fourth amendment, unlawful search and seizure, and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored, explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will be explored in detail.This court case set out to establish what was actually considered unlawful, and what guidelines must be followed to be considered lawful. The case suggests that because of probable case that a search would then in fact be lawful. But in this case it is discussed that even when probable cause is present, there is still factors that must be considered. Unlawful Search and Seizure Imagine being pulled over while driving on a suspended license; you are handcuffed, and placed in t he backseat of a squad car, while the officer searches your car, without your consent.There you are sweating profusely, nervous of what may and will be found, and then it is found, in the glove box a gun and drugs. What should be said in defense? What should be done? Was this in fact a situation where unlawful search and seizure had taken place? Did this go against your constitutional rights as a citizen? There was no consent, but there was probable cause because of the suspended license. Imagine driving with friends and you are speeding. You are then pulled over, the officer smells marijuana, and arrest everyone inside of the vehicle.He then returns to the vehicle, and searches it finding cocaine in a jacket coat pocket. Was this too an act of unlawful search and seizure? Did this go against your reasonable expectation of privacy? The Bill of Rights Many of us may struggle when it comes to knowledge about laws, and our constitutional rights as citizens. We want to protect ourselves from situations that may be unconstitutional, but may not be aware of our rights when unconstitutional behavior occurs. When The U. S.Constitution was ratified in 1788 and 1799 there were not many laws set in place in regards to the criminal justice system. ââ¬Å"The Fourth Amendment was adopted as a response to the abusive search and seizure practices used by the British government during the American colonial period. The colonists were particularly concerned about broad, particularized searches performed under the authority of general warrants. General warrants authorized searches for persons or papers not named specifically in the warrantâ⬠(Josephson, 1996). The U. S.Constitution did not set forth the rights of individuals in enough detail; so ten amendments were added in 1791, and were called the Bill of Rights (Cole & Smith, 2011). According to Cole and Smith (2011), The Bill of Rights are the first ten amendments that were added to the U. S. Constitution to provide spe cific rights for individuals, including criminal justice rights concerning searches, trials, and punishments. Unlawful search and seizure is the fourth amendment, which is a part of the first ten amendments. Unlawful Search and SeizureThe Fourth Amendment states: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrant shall issue, but upon probable cause, supported by Oath and affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Cole & Smith, 2011). Unlawful search and seizure was made to limit the capability of law enforcement officers to search a person or property in order to obtain evidence.It is believed that law enforcement should not be able to pursue criminals at all cost. A search is a court document that gives law enforcement the authority to examine and hunt for evidence in or on a person or place in a manner th at intrudes on reasonable expectations of privacy (Cole & Smith, 2011). The reasonable expectation of privacy, that was developed by the courts, is normally from the government; but if there is probable cause law enforcement can receive an search warrant from a judge and search wherever the warrant states.A seizure is a situation in which police officers use their authority to deprive people of their liberty or property and which must not be ââ¬Å"unreasonableâ⬠according to the Fourth Amendment (Cole & Smith, 2011). All types of things can be seized such as a personââ¬â¢s freedom, which is also called an arrest, and also even property. Law enforcement must ensure that there is probable cause because if not that is an infringement of that personââ¬â¢s right. Being unconstitutional can lead to fines, and law enforcement officers even losing their jobs, depending on the severity of the situation.Requirements of the Fourth Amendment There are requirements that law enforceme nt are expected to be knowledgeable of and have to follow, even while trying to catch criminals. The requirements are probable cause, affidavit, and describing the place being searched, and the persons or things to be seized (Cole & Smith, 2011). Probable cause is the amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime (Cole & Smith, 2011).In order for search and seizure to take place there has to be probable cause. Affidavit is a written statement, which is supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant. The place or person to be searched or seized has to be described in detail to help establish if probable cause is reasonable. There are however, exceptions to the probable cause and warrant requirements.Some exceptions are investigatory detentions, warrantless arrest, searches incidents to a valid arrest, seizures of items in plain view, exigent circumstances, consent searches, vehicle searches, container searches, border searches, searchers at sea, administrative searches, and searches in which the special needs of law enforcement make the probable cause requirement impractical (Calsyn et al. , 1998). A warrantless search can be conducted if law enforcement believes that the evidence is imminent danger of being moved or destroyed.Also if there is belief that law enforcement may be in danger they may enter a dwelling and conduct a full warrantless search (Calsyn et al. , 1998). The Fourth Amendment does not require law enforcement to have a warrant when searching vehicles when they have probable cause. The ââ¬Å"automobile exceptionâ⬠to the warrant requirement stems from both the inherent mobility of vehicles, which often creates exigent circumstances that make obtaining a warrant impractical, and the reduce expectation of privacy due to configurat ion, use, and regulation of automobiles (Calsyn et al. 1998). ââ¬Å"In certain circumstances, law enforcement officers may lawfully arrest persons without an arrest warrant. Such arrests are permitted for any offense committed by the arrestee in the presence of a law enforcement officer and for any felony that an officer has probable cause to believe the arrestee has committed. After making a warrantless arrest, an officer must promptly secure a judicial determination of probable cause. The probable cause required to make a lawful warrantless arrest is identical to the probable cause required to secure an arrest warrant (Calsyn et al. 1998). According to Nolo (2012), the fourth amendment only applies to a search if a person has a legitimate expectation of privacy in the place or thing searched. If not, the Fourth Amendment offers no protection because there are, by definition, no privacy issues. For example, when the police look for and find a weapon on the front seat of a car, it is not considered a search under the fourth amendment because it is very unlikely that the person would think that the front seat of the car is a private place and expectation of privacy is unlikely.Even if the individual did, society is not willing to extend the protections of privacy to that particular location. On the opposing side, a person who uses a public restroom expects not to be spied upon and most people, including judges and juries would consider that expectation of privacy to be reasonable Therefore, the installation of a hidden video camera by the police in a public restroom will be considered a search and would be subject to the fourth amendment's requirement of reasonableness. However, the fourth amendment does permit searches and seizures that are considered reasonable.In practice, this means that the police may override your privacy concerns and conduct a search of you, your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or the particular circumstances justify the search without a warrant first being issued (Nolo 2012). The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment so long as it is reasonable under the circumstances.The exceptions made to the Fourth Amendment's warrant requirement reflect the Court's reluctance to unduly impede the job of law enforcement officials. The Court has attempted to strike a balance between the practical realities of daily police work and the privacy and freedom interests of the public (FindLaw 2012). A warrant is a document issued by the courts allowing law enforcement to search your private property. All that is needed to obtain a warrant is probable cause, meaning there must be sufficient reason based upon known facts to believe a crime has been committed or that certai n property is connected with a crime.Also, as explained by The Lecture Law Library (1995-2012), the fourth amendment provides no protection for what a person knowingly exposes to the public. For instance a man's facial characteristics, or handwriting, his voice is repeatedly produced for others to hear. No person can have a reasonable expectation that others will not know the sound of his voice, any more than he can reasonably expect that his face will be a mystery to the world. These are simply a fraction of the examples as to when the fourth amendment of unlawful search and seizure does not apply.Courts use a two-part test established by the U. S. Supreme Court to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched. Evaluating whether or not the person actually expected some degree of privacy and if the person's expectation is one that society is willing to recognize? Also, if upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution, state or federal. This rule, established by the U. S.Supreme Court in 1961, has come to be known as the exclusionary rule. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. Many commentators criticize the exclusionary rule on the ground that it unfairly lets the criminal go free simply due to error. Adversely, the rule's supporters argue that excluding illegally seized evidence is necessary to deter police from conducting illegal searches. According to this deterrence argument, the police won't conduct improper searches if the resulting evidence can't be used to convict the defendant.In addition to being excluded as evidence against the defendant, evidence resulting from an illegal search may not be used to discover other evidence, under a le gal rule colorfully known as the ââ¬Å"fruit of the poisonous treeâ⬠doctrine. The ââ¬Å"treeâ⬠is the evidence that the police illegally seize in the first place; the ââ¬Å"fruitâ⬠is the second-generation product of the illegally seized evidence; both tree and fruit are inadmissible at trial (Nolo 2012). Moreover, when the fourth amendment is broken there are consequences that are handled by the courts. The Knock-and-Announce RequirementThis requirement is meant to protect the security, privacy, and property interest of people in their homes (Josephson, 1996). ââ¬Å"The knock-and-announce rule requires that police officers give notion of both their authority and purpose to the occupants of a residence to be searched. Before breaking and entering the premises to search, officers must also give the occupants a reasonable opportunity to voluntarily allow the police to enterâ⬠(Josephson, 1996). This rule has to be follow even if officers do have a warrant. Thi s rule also serves for protection for the officers that are entering a home owner home.Citizens have an expectation to privacy and with this rule it allows the occupants to give consent to enter. Arizona v. Gant This case was taken all the way to the U. S. Supreme Court, and is used as a guideline for what is considered constitutional in regards to Unlawful Search and Seizure. The facts of the case states that Gant was arrested for driving with a suspended license. He then was handcuffed and placed in the backseat of an officer car. While under arrest the officers searches his car. The officers find cocaine in a jacket pocket (The Daily Record, 2009, p. 1).Gantââ¬â¢s motion to dismiss the evidence was denied and he was convicted of drug charges. ââ¬Å"Reversing, the State Supreme Court distinguished New York v. Belton, which held that police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of recent occupants lawful arres t on grounds that it concerned the scope of a search incident to arrest but did not answer the question whether officers may conduct such a search once the scene has been securedâ⬠(Justia. com, 2009). One major concern was of the officerââ¬â¢s safety if the occupant was allowed to be within the reach of the area being searched.This could be absolutely dangers for the officer and could endanger the public. Under the Gant ruling, if an officer wishes to search the vehicle of an arrested suspect, he or she may delay handcuffing the suspect until after the search is complete (NJ. com, 2009). This allows the occupant to be able to access his car while being searched. Conclusion The Fourth Amendment is the primary, essential limit on the power of governments in the U. S. to inquire into people's lives, arrest them, and take their property. It is also what prevents governments and their agents from invading citizens' privacy.In a society that both deplores crime and values liberty , there will always be a tension between law enforcement interests and the privacy of individuals. The tools and system of the fourth amendment are as followed: Is it governmental conduct? Does the defendant have a legitimate expectation of privacy? Will society protect the defendantââ¬â¢s expectation as objectively reasonable? And was a warrant issued? If any of the stated reason within the system of unlawful search and seizure hold true then there I no violation of the fourth amendment. The fourth amendment to the U. S. onstitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. The amendment of unlawful search and seizure is one of ten amendments within The Bill of Rights and reads as follows: ââ¬Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants sh all issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Nolo 2012). â⬠ReferencesArizona v. Gant. (2009). Retrieved November 22, 2012, from http://supreme. justia. com/cases/federal/us/556/07-542/ Calsyn, J. D. , Hale, B. C. , Kranz, H. , Grossman, M. R. , & Kim, N. E. (1998). Warrantless searches and seizures. Georgetown Law Journal, 86, 1214-1288. Cole, G. F. , & Smith C. E. , (2011) Criminal Justice (6th ed. ). Belmont, California: Wadsworth. Josephson, M. (1996). Fourth amendmentââ¬âmust police knock and announce themselves before e. g. Microsoft Corporation (1995-2012). The Fourth Amendment [U. S. Constitution]. [ONLINE] Available at: http://www. lectlaw. com/def/f081. htm. (2012). The Fourth Amendment
Sunday, September 29, 2019
Impact of Economic Factors on Engagement with Pro-Environmental Measures
THE ENVIRONMENT Introduction: On most occasions, conservationist, and authorities bureaus tell us on the benefits of conserving the environment. This is because the universe is witnessing a series of environmental devastations, which range from devastation of woods, pollution of rivers, lakes and air. People argue that it is of import to continue the environment because they play a large function in prolonging the lives of persons. For illustrations, trees help in the formation of rainfall, which is an indispensable demand for agribusiness to last. Forests are natural home grounds of animate beings, and on this footing, destructing woods, will intend the devastation of wild animate beings. This in bend will interrupt the environmental eco-system ( Brooks, 2010 ) . Despite the importance of conserving the environment, most people still prosecute in its devastation. The grounds advanced for their engagement in destructing the environment are, poorness, population growing, and hunt of income. This paper identifies the grounds as to why people still prosecute in the devastation of the environment, despite the of import function that the environment plays in our society. Search for beginnings of income/ gross: Search for beginnings of gross and income is one of the major factors that lead to the devastation of the environment. Take for illustration oil geographic expedition and excavation is a factor that makes people to destruct the environment ( Tisdell, 2005 ) . Oil is an of import natural resource that all most all the economic systems of the universe demand. Oil is needed to drive the transit industry, which is indispensable for the growing of a countryââ¬â¢s economic system ( Leydesdorff, 2007 ) . Oil plays a large function in using 1000000s of people all over the universe, and states such as Saudi-Arabia, Qatar, Libya, etc depend on oil production to prolong their economic systems. This is because oil is the major beginning of foreign gross for these states ( Tachibana, 2000 ) . It is of import to denote that oil geographic expedition and excavation play a great function in the devastation of the environment. Oil has the capableness of destructing the lives of animate beings, and human existences. Take for case the 2010 Gulf of Mexico oil spill which was responsible for leaking about 60,000 barrels of oil into the ocean ( Harper and Fletcher, 2011 ) . This had an effecting of killing sea animate beings, which included mahimahis, sea polo-necks, giants, etc. This oil spill was chiefly caused because of oil geographic expedition by BP Oil Company. The ground of these geographic expeditions was to mine oil, for commercial intents. Petroleum companies are besides accused of dumping toxic oil wastes on nearby rivers and Waterss. This has a cause of fouling the environment, and destructing the lives of Marine animate beings populating in these H2O systems ( Imanaka, 1997 ) . Petroleum companies are commercial companies, whose chief purpose is to sale oil merchandises for intents of doing net incomes, and grosss. Income net incomes and gross is non merely restricted to oil geographic expedition, but besides to the devastation of woods, and killing of wild animate beings. For illustration, people cut down trees for intents of acquiring wood. Wood is used to do lumber, a resource that is used to fabricate chairs, and edifice of houses ( Colson, 2011 ) . These are for commercial intents. The violent death of wild animate beings is besides carried out for intents of doing gaining an income, and due to poverty. For illustration, poachers normally kill elephants and rhinos for their ivories, and horns. Elephant Ivories are ever sold in Asia, and are used as beauty merchandises, and for intents of doing medical specialty. The same happens to the horns that poachers get from rhinos. Population Growth: Population growing is besides another factor that deters the preservation of the environment ( Newing, 2010 ) . Because of population growing, world has been forced to look for other topographic points of abode ( Likar, 2011 ) . This will do them to unclutter and destruct woods, as a consequence taking to the devastation of trees, and break of the eco-system. As celebrated earlier, woods are home grounds of wild animate beings, and birds. Destroying woods will take to the decease of some of these animate beings, because they may non happen other home grounds. The devastation of woods is non the lone negative environmental harm that population growing causes. Due to the high figure of people, there is the overconsumption of natural resources such as H2O, oil, nutrient, and even land ( Imanaka, 1997 ) . This consequences to doing these resources scarce. Scarcity of these environmental resources might take to unhealthy competition amongst people, in order to entree the resources under consideration. Peoples besides emit waste merchandises, because of their ingestion activities. This includes H2O, and air pollutants, toxic waste stuff, extra foods, and green house gases. Waste substances such as untreated sewerage may take to the devastation of an individualââ¬â¢s wellness. Other waste merchandises, such as inordinate N have an impact of doing the blooming of algals, in H2O supplies. This will take to the depletion of O, taking to the decease of marine animate beings such as fish ( Calhoun, 2005 ) . To protect the environment by restricting the growing of the environment, states such as China have adopted the one kid policy. This is whereby all twosomes are forced to bear to give birth to merely one kid. India besides has such sort of a policy, and the chief purpose of presenting these types of policy is to cut down the population growing of persons(Environmental issues. 2010 ). There has besides been some unreal method of commanding population growing, and this includes the usage of household planning methods ( Chancellor, 2009 ) . As a method of commanding the population growing in their states, authorities normally promote the usage of household planning methods. Poverty: Poverty is besides another factor that makes people to destruct the environment. In most states of the universe, specifically in the development states, there is the devastation of croping lands, dirt and woods because of over graze. These methods are ever efficient in commanding the population of a province, and therefore protecting an environment. As the growing rate of poorness additions, people destroy the environment faster, and more rapidly. The people over use the environment, such as dirt, land and woods, because they do non hold other beginnings of income, except by utilizing the natural resources under their range ( Harper and Fletcher, 2011 ) . It is of import to denote that because of poorness, the hapless will utilize the natural resources under their range for intents of fulfilling their footing demands. This will include fetching and utilizing firewood to cook, overdriving land for agricultural production, and usage of wild workss and H2O for medical specialty ( Canava ri and Food, 2002 ) . Poor people lack good and better instruction which can assist them to procure good occupations and beginnings of income. On this footing, they lack the quality of life that can do them to utilize electricity for cookery intents, or for other sectors of their domestic life ( Michna, 2010 ) . Electricity can assist in restricting the firewood concern that these people engage in. This is because persons will non depend on firewood as their beginnings of energy. To undertake poorness, the assorted authoritiess need to ordain policies aimed making employment, and bettering the instruction system of a province. The authorities can promote the usage of their trade accomplishments in assisting the hapless to gain income ( Hambler, 2004 ) . But this should happen in a mode that is suited for the saving of the environment. To cover with poorness, policies from the authorities are non sufficient. The authorities needs to spouse with private establishments and non-governmental organisations for intents of promoting them to educate people on the assorted ways of undertaking poorness ( Takeuchi, 2006 ) . This will be effectual because non-governmental organisations usually have an entree to the people, because of their grass root connexions. The hapless can be educated on the importance of continuing the environment ( Graetz, 2011 ) . This will do the hapless to hold knowledge on the benefits of the environment, doing them to utilize the natural resources under their range in a sustainable method. Decision: In decision, poorness, hunt for income, and population growing are some of the factors that encourage people non to prosecute in pro-environmental steps. As discussed in this paper, due to poverty, people will seek to unsuitably utilize the environment for intents of prolonging themselves. This includes film editing of woods for intents of acquiring lumber, over-using the land resource under their ownership, for agricultural intents, and over-grazing. However, with the usage of appropriate authorities policy, it is possible to cut down the degrees of poorness within a province. Search for income is another ground for depletion of the environment, and this usually takes the signifier of geographic expeditions and excavation. This is a really hard issue to work out, because authoritiess are ever in a quandary. That is, whether to halt the geographic expeditions or whether to go on with the geographic expeditions. Stoping the geographic expedition will intend losing a beginning of gross, while go oning with the geographic expedition will intend destructing the environment. Population growing on the other manus is easy to work out. All that a province demands to make is to make a policy restricting the figure of kids an person can give birth to. Mentions: Brooks, J. S. ( 2010 ) . Economic And Social Dimensions Of Environmental Behavior: Reconciliation Conservation And Development In Bhutan.Conservation Biology,24( 6 ) , 1499-1509. Calhoun, Y. ( 2005 ) .Conservation. Philadelphia: Chelsea House Publishers. Canavari, M. , & A ; Food, A. ( 2002 ) .Economic surveies on nutrient, agribusiness and the environment: Joint Conference on Food, Agriculture, and the Environment, Bologna, Italy, June 12- 14, 2001. Dordrecht: Kluwer Academic/Plenum. Chancellor, D. ( 2009 ) .Food waste. London: Wayland. Colson, M. ( 2011 ) .The environment. Chicago, Ill. : Raintree. Environmental issues. ( 2010 ) . New Delhi: IFA Publications. Graetz, M. J. ( 2011 ) .The terminal of energy the unmaking of America ââ¬Ës environment, security, and independency. Cambridge, Mass. : MIT Press. Hambler, C. ( 2004 ) .Conservation. Cambridge, UK: Cambridge University Press. Harper, C. L. , & A ; Fletcher, T. H. ( 2011 ) .Environment and society: human positions on environmental issues( Canadian ed. ) . Toronto: Pearson Canada. Imanaka, T. ( 1997 ) . Global environment. How protect and surrogate? Interaction between environment and being. Both environment and organisms support on changing.. Kagaku to Seibutsu,35( 3 ) , 178-181. Leydesdorff, L. ( 2007 ) . Environment and Planing B: Planning and Design as a diary: the interdisciplinarity of its environment and the commendation impact.Environment and Planning Bacillus: Planning and Design,34( 5 ) , 826-838. Likar, L. E. ( 2011 ) .Eco-warriors, nihilistic terrorists, and the environment. Santa Barbara, Caliph: Praeger. Michna, J. ( 2010 ) .Risk direction on energy and enviromental preservation in CCE states. New York: Heinmman. Newing, H. ( 2010 ) . Interdisciplinary preparation in environmental preservation: definitions, advancement and future waies.Environmental Conservation,37( 04 ) , 410-418. Tachibana, H. ( 2000 ) . Engineering chance for environment in 2000. Prospect of sound environment. Technological reappraisal of sound environment..Journal of Environmental Conservation Engineering,29( 2 ) , 149-156. Takeuchi, K. ( 2006 ) . Hydrology uniting planetary environment and human environment. Proceedings of the Symposium on Global Environment,14, 307-307. Tisdell, C. A. ( 2005 ) .Economicss of environmental preservation( 2nd ed. ) . Cheltenham, UK: Edward Elgar Pub..
Friday, September 27, 2019
The influence of the neo-nazi party in modern america Essay
The influence of the neo-nazi party in modern america - Essay Example Today, numerous small Neo-Nazi parties are operating in America but majority of them carry out their functions in secrecy. The American Neo-Nazi groups target ethnic groups such as Asian Americans, Native Americans, Arab Americans, Jews, African American and hassle them. Homosexuals and Catholics are also targeted by the Neo-Nazis. In this paper, we will analyze the influence of Neo-Nazis parties in modern America. The Neo-Nazi parties, with their anti-Semitic and racist ideology, are threatening the harmonious existence of diverse cultures in America. American Neo-Nazis believe in the concept of nationalism based on racial or ethnic identities, and racial purity. They endeavor to prevent certain ethnic groups from residing in their country. They believe that a nation should consist of similar ethnic groups. So they discourage people belonging to other ethnic groups from assimilating into their national culture. In their attempt to restrict the immigration of these ethnic groups, some of these Neo-Nazi groups take to violent ways and spread hatred against these ethnic groups. As the American citizens are entitled to the freedom of speech, the American Neo-Nazi parties are allowed to express their ideology without any restraint. ââ¬Å"In the USA, broad freedom of speech allows political organizations great latitude in expressing Nazi, racist or anti-Semitic ideology.â⬠1. It is only after the members of Neo-Nazis turn violent or commit hate crimes that the government takes action against them. So the American Neo-Nazi parties express their hatred for people who do not belong to the ethnic group originated in their own country, and try to spread their message through demonstrations. The racist ideology that is spread among the people by the Neo-Nazi parties is resulting in hate crimes and racism. People are unwilling to accept persons belonging to other races as members of their society. They want to maintain their racial purity by avoiding
How People Dress Affects Their Lives Essay Example | Topics and Well Written Essays - 1750 words
How People Dress Affects Their Lives - Essay Example Despite my abilities, characteristics or beliefs as a person, it is the first judgment which individuals see which causes them to place me in a category and to create expectations surrounding my belief system. This is not only recognized with high society comments and belief systems, but the judgments are now being taught to children. There are several personal examples which I can associate with that relate to the fashion statements I make directly affecting my place in life. One is when I went to a job interview to work for a small business. The business was a clothing store that only had been functioning for two years and which needed an individual to design the clothes. When I was called for the interview, I was told that I had a good chance of being able to join the team and help with the growth of the company. However, I made the mistake of dressing casually in jeans and in a t-shirt. Even though there wasnââ¬â¢t a dress code which was taken, the employer immediately told me that I wasnââ¬â¢t fit for the job because I didnââ¬â¢t look professional. The judgment that was made was based on the belief that my casual appearance also meant that I didnââ¬â¢t take the time to prepare for the interview and that I wasnââ¬â¢t taking the job seriously enough. ... The concept which is associated with dress is one that is based on the accepted beliefs of fashion judgments. My personal scenario is one of several cases related to fashion judgment, which indicates that oneââ¬â¢s self worth is dependent on what they wear. This extends into a sociological problem that is now taught with deeper significance within society. Sociologists, cultural historians and moralists have all attributed the problems with judgments and stereotypes as one based with a specific part of an individual which looks in a certain way. This is the basis of racial forms of division, stereotypes, prejudice, gender differences and biases and other problems with generalized identities which create divisions among individuals within society. The concept of creating a judgment over oneââ¬â¢s identity becomes the main question, specifically because it is an expected part of society. This is followed by the belief that each individual needs to be involved with fashion for cre ating a specific identity. Vieria, a marketing specialist in fashion states: ââ¬Å"In the last decades, the market is feeling that the consumers are monitoring more in their fashion environment. In this context, fashion clothing appears to become so important that many people are becoming involved in it as an identityâ⬠(Vieria, 179). The concept of involvement leads to one judging themselves and others. It has been found that these judgments are now reaching into age as well as a rise in commitment to creating value of life through the judgments of fashion and the new styles and trends which are apparent within society (Vieria, 179). The concept of fashion judgment isnââ¬â¢t one that is just accepted within society and the roles it takes.
Thursday, September 26, 2019
Supervisors at Work Essay Example | Topics and Well Written Essays - 250 words
Supervisors at Work - Essay Example I believe a supervisor plays a key role in the development of oneââ¬â¢s skills, career and growth. It is not only the responsibility of a supervisor to make sure he delegates proper work to those working under him, but also ensure that they are not being over or under worked. Moreover, supervisors also need to ensure the reason behind performance of his delegates and if someone is not performing up to the mark, he needs to sit them down and counsel, and help them in whatever way he can. Besides this, a supervisor should ensure that his team does not get demotivated, and if it does he needs to find out a solution to ensure that the problem is resolved at the earliest. This can be done by linking rewards with performance, and paving a clear promotional structure so workers who work hard know that it will lead them to the next level in the corporate ladder. All these features are portrayed by my supervisor at work and that I have noticed almost all employees working under him are hig hly satisfied with him.Trust, respect and royalty of their seniors is concerned, I have noticed my supervisor does that by keeping two things in check. The first one is ensuring that whatever work is delegated to him, he gets it done efficiently and well on time. The second one is giving an honest opinion to his seniors, despite the fact that they might like it or not. Honest views are highly valued by top management and I have noticed they like people who have the guts to stand by their views and convince others about them.
Wednesday, September 25, 2019
Fashion Glasses and Contact Lenses Essay Example | Topics and Well Written Essays - 3000 words
Fashion Glasses and Contact Lenses - Essay Example The essay "Fashion Glasses and Contact Lenses" discovers the Glasses and Contact Lenses in Fashion. Style and fashion is associated with social status, cultural background of people belonging to various social groups. Changes in tastes and fashions call for innovations in design, quality and use of materials that enhance aesthetic values associated with the product. Gasses and contact lenses have evolved into fashion objects and undergone radical changes keeping in tune with the technological developments, though utility value of these products cannot be underestimated. Combination of fashion and utility in fact ensured sustainable growth of the eye glasses as fashion objects of style and fashion in the industry. When people are under compulsion to go for glasses either for vision correction or protection of their eyes, the next logical decision in buying involves proper selection of glasses. This decision is based on several factors which are guided mostly by cultural background of the consumer. But, the important aspects of decision making are style and fashion, keeping in mind the personality and social status of the person. Values are the beliefs or ideals shared by people in a culture which influences a personââ¬â¢s behaviour and attitude. In study of fashion emphasis is on the way in which the objects of fashion such as jewellery, garments and accessories like shoes and glasses acquire meaning in specific historical and cultural contexts. Tilley, C. stated The concept of objectification may be held.
Tuesday, September 24, 2019
The Impact of Motivation on English Language Learning Research Paper
The Impact of Motivation on English Language Learning - Research Paper Example Although it is widely documented that motivation is a proven means to success in language learning, several countries, like the Gulf States, remain reluctant to cultivate learnersââ¬â¢ motivation to learn a second language due to several reasons. Therefore, this research paper analyses the impact of motivation on English language learning. Introduction Motivation has been broadly recognised by scholars, researchers, and teachers as one of the major variables that determine the level and success of second language learning (SLA). As emphasised by Dornyei (2001), ââ¬Å"teacher skills in motivating learners should be seen as central to teaching effectivenessâ⬠(P. 116). Motivated learners are enthusiastic, eager to work hard, concentrate on the tasks given, do not require constant encouragement, willingly confront challenges, and could even motivates others, facilitating collaborative learning. The early attempt to understand the impact of motivation on English language learnin g stems from the field of social psychology (Gu, 2009). This research paper analyses the impact of motivation on English language learning in terms of the various motivational theories. The motivation of learners greatly affects their willingness to take part in the process of learning. Numerous studies have reported the importance of viewing the concept of motivation as a multifaceted phenomenon. Oxford and Shearin (1994) have examined a number of motivational theories and six variables that influence motivation in language learning (Al-Bustan & Al-Bustan, 2009, S454): Attitudes (i.e. sentiments towards the target language). Beliefs about self (i.e. expectations about oneââ¬â¢s attitudes to succeed, self-efficiency, and anxiety). Goals (perceived clarity and relevance of learning goals as reasons for learning). Involvement (i.e. extent to which the learner actively and consciously participates in the learning process). Environmental support (i.e. extent of teacher and peer suppo rt). Personnel attributes (i.e. aptitude, and language learning experience). As argued by Pit Corder, ââ¬Å"given motivation, it is inevitable that a human being will learn a second language if he is exposed to the language dataâ⬠(Dornyei & Ushioda, 2009, 1). This statement was given four decades ago and, from then on, numerous theroetical perspectives and studies investigating the multifaceted nature of motivation and its impact on second language learning have emerged. At the same time, the world has also witnessed the growth of globalisation, European reconstruction, the demise of communism, extensive economic and political migration, greater mobility, and the rapid development of media technologiesââ¬âall contributing to the relentless pace of global English (McKay, 2002). In other words, over the recent decades the world has transformed dramaticallyââ¬âit is currently distinguished by sociocultural and linguistic flexibility and diversity, where language learning , identity, and ethnicity have become multifaceted contemporary subject matters and the focus of considerable attention in the field of sociolinguistic. However, it is only recently that those engaged in the field of second language learning motivation have actually started to investigate what this evolving global phenomena may suggest for how scholars conceptualise the motivation to acquire proficiently in global English as second language for individuals wanting to gain global recognition or identity (Shafaei & Nejati, 2008). In other words, motivation
Monday, September 23, 2019
Marketing - McDonald's Restaurant Essay Example | Topics and Well Written Essays - 1250 words
Marketing - McDonald's Restaurant - Essay Example The utilization of logos is made out within the commercial while describing the manner in which McDonaldââ¬â¢s is clean and utilized to view the food in affirmative terms. This is a commonsensical appeal to articulate the reasons for McDonaldââ¬â¢s being an excellent setting to eat. The preceding element of McDonaldââ¬â¢s is a Cheerful Place comes within logos. McDonaldââ¬â¢s are attempting to influence and lurch in parents of kids into McDonaldââ¬â¢s by articulating the facts of excellent food, hygiene, their spill proof covers and napkins, which fit similar to a bib. Parents would like good, as well as quality foodstuff for their kids in a hygienic environment. However, these logos are attempting to call to the parents using the amenities they encompass of spill proof covers and napkins, which fit similar to a bib and articulating that their kids will not get to one another. Taken as a whole, that is the reason that this commercial aims a family unit (Abrahams 1). Lo gos is utilized to try to persuade parents that McDonaldââ¬â¢s provides a place where they do not have to be concerned about their children and being so muddled when they take pleasure in their dine. The commercial lays emphasis on the actuality that they contain pill proof covers, as well as napkins as colossal as bib. McDonaldââ¬â¢s utilizes this appeal to establish to parents that while they are attempting to have an excellent time together with their family unit, they do not have to fuss about the clutter their kids make, making their life quite easier for them. Therefore, quality and hygiene could also match up to what might be termed as passion. No one would have the capacity to give a clean, as well as healthy eatery without excitement into making the foodstuff cooked and pleasant. This... This paper talks about the short story and popularity of the restaurant. McDonaldââ¬â¢s Commercial from the year 1967 is rhetoric to put McDonaldââ¬â¢s on the market. In McDonaldââ¬â¢s commercial, it seems that they, in fact, wanted to give emphasis to respectability. It points out how children are not expected to talk to unfamiliar persons, and are not allowed to take things such as foodstuff from unfamiliar persons. It has not just the children articulating this, but McDonald himself pronounces it. By carrying this out, they are attempting to depict themselves as an organization with far above the ground ethical values. They are attempting to make themselves made out like a fraction of the family unit. When Ronald declares that children are not expected to take foodstuff from strangers, the child replies that he is not an unfamiliar person he is Ronald McDonald. The child articulates it in a tenor, which points out that he is someone highly dependable and recognizes him ex tremely well. To sum up, the paper approves that to present day, McDonaldââ¬â¢s has utilized various, dissimilar slogans within United States marketing, as well as a few additional slogans for chosen nations and areas. The McDonaldââ¬â¢s commercials feature pathos, logos, ethos, as well as kairos to a great deal. These rhetorical features enable McDonald to be viewed as a place of happiness or being cheerful, quality services and food, in addition to hygiene. All this rhetorical features give McDonaldââ¬â¢s restaurant an eminent standing in business.
Sunday, September 22, 2019
Hemingwayââ¬â¢s The Short Happy Life of Francis Macomber Essay Example for Free
Hemingwayââ¬â¢s The Short Happy Life of Francis Macomber Essay The three characters in Hemingwayââ¬â¢s The Short Happy Life of Francis Macomber form a triangle in which the relationships are not clear from the beginning. The plot of the short story is not very complicated: during a safari, the rich and handsome Francis Macomber proves to be a coward when he runs off scared while hunting the lion he had wounded. à à à à à In fact, the attribute of ââ¬Ëcowardââ¬â¢ is given to him, indirectly, by his wife Margot and by Wilson, the hunter who accompanies them on the expedition. The whole story thus revolves around the killing of the lion, an act which seems to be the ultimate proof of manhood, and, which constitutes therefore a great attraction to women. The setting and the context of the story- the safari in the wilderness of Africa- seem to determine also the plot: Hemingway chooses for his characters two Americans with a great wealth and social stand, who are supposed to be very civilized, and exposes in fact their instinctual behavior, which seems to have kept its wild nature. Francis Macomber and Robert Wilson ââ¬Ëfightââ¬â¢, by proving their courage in the hunt, for the ââ¬Ëfemaleââ¬â¢ who will instinctually choose the stronger of the two. The fact that the behavior of wild animals and that of humans have a common pattern is emphasized by Hemingway careful notation of the lionââ¬â¢s ââ¬Ëfeelingsââ¬â¢ while he is being hunted by the two men. Thus, a clear connection is established between men and the wild animals: ââ¬Å"Macomber had not thought how the lion felt as he got out of the car. He only knew his hands were shaking and as he walked away from the car it was almost impossible for him to make his legs move.â⬠(Hemingway, 8) Thus, after Macomberââ¬â¢s failure in the hunt of the lion, Margot kisses the ââ¬Ëwinnerââ¬â¢, Wilson, and completely ignores her husband, and her behavior seems to be the exact pattern of the creatures in the wilderness. Furthermore, the very night after Macomberââ¬â¢s defeat, she goes to bed with Wilson, without even trying to dissimulate in front of her husband. The courage to kill and to face death is taken here as the main criteria for manhood: ââ¬Å"Fear gone like an operation. Something else grew in its place. Main thing a man had. Made him into a man. Women knew it too. No bloody fear.â⬠(Hemingway, 12) The marriage between Francis and Margot had been nothing more than a profitable business affair, him having the money and she the beauty. As it is hinted, these interests are the only things that kept them together still. Both of them seem to be sure these ties are strong enough to secure against a break-up. However, after having found out about his wifeââ¬â¢s betrayal, Macomberââ¬â¢s instinctive nature seems to be awakened: he discovers the exhilaration that the hunt and the killings produce in him, and his fear is completely gone. Still, Margot is not pleased by her husbandââ¬â¢s success, as one would expect. She rather feels threatened, and tries to hide it by resuming her contemptuous attitude towards him: ââ¬Å"ââ¬â¢Youve gotten awfully brave, awfully suddenly,ââ¬â¢ his wife said contemptuously, but her contempt was not secure. She was very afraid of something.â⬠(Hemingway, 11) Thus, Margot ââ¬Ërewardsââ¬â¢ the braveness of her husband by killing him while he was fighting the bull, apparently trying to aim at the beast. However, it is obvious that she kills him intentionally, first of all, because of her strange behavior before the murder, and also because of the logic of events. As Hemingway hints, ââ¬Ëshe was afraid of somethingââ¬â¢ and it can plainly be seen that that something was the fact that Macomber might leave her for her betrayal, now that he found his self-assurance and his manliness again. This is exactly what Wilson alludes at after the ââ¬Ëaccidentââ¬â¢: ââ¬Å"ââ¬â¢That was a pretty thing to do,ââ¬â¢ he said in a toneless voice. ââ¬ËHe would have left you too.ââ¬â¢Ã¢â¬ (Hemingway, 14) She thus kills her husband to ward off the danger of having him leave her. This is proven by her strong emotions during the bull hunt, in which Macomber finally shows his braveness: her face is white with fear and probably contrasting feelings. At first she seems to congratulate again the winner, this time her husband: ââ¬Å"ââ¬â¢In the car Macombers wife sat very white-faced. ââ¬ËYou were marvelous, darling,ââ¬â¢ she said to Macomber. ââ¬ËWhat a ride.ââ¬â¢Ã¢â¬ (Hemingway, 13) Nonetheless, her admiration soon turns into the fear that her husband will desert her: ââ¬Å"Her face was white and she looked ill.â⬠Again, the fact that Margot kills her husband on purpose coheres with the rest of her instinctive behavior: although the main reason of the killing seems to be his fortune or her social stand which she might lose, it may be that her murder is again instinctive, in the sense that she is afraid of losing the now desirable man, because of his courage. She prefers shooting him, again cohering with the hunt. Her ââ¬Ëhystericalââ¬â¢ crying over the dead body of her husband do not manage to convince us of her innocence or her pain at the loss: she rather mourns him either because she needs to act in front of the other hunters, or because she has to give up the hero she had been looking for. The way in which she changes her mind after Macomberââ¬â¢s success, and she says that their hunting is by no means a heroic act, clearly demonstrates that she feels trapped, again manifesting her instinctual nature. At the end of the story, she herself is defeated by Wilson, who plainly lets her see that he knows the truth, and seems to enjoy the feeling of being able to submit her to his will, and have her beg: Thats better, ââ¬ËWilson said. ââ¬ËPlease is much better. Now Ill stop.ââ¬â¢(Hemingway, 14) The meanings of Hemingwayââ¬â¢s story are thus very complex, as he analyzes the instinctual relationships between men and women, and other instincts, such as that of killing and hunting or of possessing and dominating. Works Cited: Hemingway, Ernest. The Complete Short Stories. New York: Scribner Paperback Fiction, 1998
Saturday, September 21, 2019
Different Jolmohals And There Locations Environmental Sciences Essay
Different Jolmohals And There Locations Environmental Sciences Essay The fisheries sector of Bangladesh is a quick yielding sector, which augments growth and can contribute to poverty reduction. The 4.57 million hectors of available inland water bodies contribute 80% of the total fish production and offers a great opportunity for the poor fishing community to have an improved income through increased production. 12.2 million People use this water bodies as their source of income (both direct and indirect) that comprises 24.6% of the total employment of Bangladesh. Around 0.77 million fishermen are dependent on the availability of public water bodies for their livelihood. However, in spite of having abundance of inland water resources, the fisheries sector is not experiencing its full potential growth in terms of employment generation, increased production and demand for nutrition because of the improper distributions of these inland water resources. Most of the fishers are poor and in the fisheries sector this poverty is associated with economic exclu sion from high value water bodies, social marginalisation of traditional fishers, class exploitation by moneylenders and leaseholders, and political disempowerment from decisions affecting fisher livelihoods. The inland fisheries sector includes baor, coastal aquaculture, river and estuaries, beels and haors, lake, flood plains, canals and ditches and together they called Jolmohal. A more formal definition of jolmohal according to the Jolmohal management policy 2009 is Jolmohal is a waterbody where water remains in some times or throughout the year and is known as Haor, Baor, Beel, Jheel, Pond, Ditch, Lake, Dighi, Khal, River, Sea etc. Such Jolmohals can be closed or open. Closed Jolmohal will have defined boundary whereas open Jolmohal will not. The power of distributing this jolmohal among the people is held by the government. However, it has been noted that this distribution is not fair. Most of the benefit is being enjoyed by the middlemen and other powerful non- fisher people. This is creating a financial as well as a social cost. Social welfare is suffering; the neediest people are being ignored. But the government has an obligation towards them and there needs should get priority and policies should be taken to ensure that. Different Jolmohals and There Locations: As stated earlier jolmohal is a water body, which consist of different types of inland fishery sector and they can be found in different areas of the country. As a first step in trying to sort out a rather complex situation, it is helpful to distinguish different types of naturally occurring water bodies. In addition to rivers and floodplains, this category includes a number of other entities that are outlined below Figure: Types of naturally occurring water body Name Definition Where found Haor Low lying depressions between two or more rivers functioning as small internal drainage basins North-East Beel Lakelike depressions, sometimes found within haors retaining water permanently or for the greater part of the year. Adjoining beels may merge into a single continuous sheet of water under a unified floodplain during the wetter part of the year Almost everywhere Khals Drainage channels connecting beels to adjacent rivers Almost everywhere Baor Ox-bow lake made of former meandering bends in river that got cut-off from the main stream. Not strictly part of the open-water system Jessore,Jhenaidah, Kushtia Beyond this, and with regard to the wider category of water bodies as a whole, a number of further distinctions are important. Individual water bodies may be: Naturally occurring or constructed by individuals and communities. For example- Kaptai Lake. The only large artificial inland is Kaptai reservoir formed as a consequences of hydro- electric dam completed in 1963 and which has flooded over 76,600 ha of pristine forested valleys and cultivated land in the Chittagong hill tracks. State (khas) or privately owned Closed where fish cannot move beyond their boundaries and can therefore readily be privately appropriated or open where they can move freely. Open access or leased for private individual use Seasonal in which case all fish must be harvested in a single season, or perennial with potential to build up stocks for harvesting in later years Waqf estates and Debottar property, which support Muslim and Hindu religious organisations respectively. Policies and issues taken over the YEARS: From the British period to the present day, a number of fisheries policies, regulations and acts have been introduced for the management of water bodies and other fishery resources. Prior to 1757 fishers and farmers had customary rights over open water fisheries including rivers, land depressions, lakes, oxbow lakes and floodplains. At that, time fisheries were managed by local fishing community as common property under various system of tenure. During early stages of British administration, fishers had some customary rights over all water bodies. The situation changed in 1793 when Zamindars were granted rights (jalmohal) over rivers and other waters under the Permanent Settlement Act which was designed to generate revenue for the Colonial Government. As with land, these were then sub-divided among jotedars, using a leasing system that has continued with only slight modification until the present day. In the large majority of cases, the lessees (Ijaradars) were not fishermen themselves. The fishermen they controlled were low caste Hindus. The most able of these over time became informal managers, collecting tolls and taxes on behalf of the jotedars. Muslims generally did not fish, but some lower status Muslims did became traders. Therefore, during the 19th and 20th centuries the colonial state created a legal and regulatory framework, which favored landlords and leaseholders who were drawn largely from the non fishing class and groups and who increasingly saw their water tax rights as valuable commercial and financial assets t hat needed to be protected from unauthorized fishers. The fishers had to come to some agreement with them in order to survive. After the partition of India in 1947, the new state of Pakistan abolished the zamidari system in 1950 and took control of waterways through the State Acquisition and Tenancy Act 1950 and the Department of Revenue assumed responsibility for all jalmohal outside Reserved Forest areas. Therefore, a large number of these water bodies were now owned by the state but property rights over them was temporarily transferred to the fishers mainly through a leasing process. From 1950 to 1965, open auction of leasing water bodies started where highest bidder were granted lease. The method of fixing the maximum revenue prior to auction was to average the last three terms lease value than to increase it by 10%. In fixing the lease value, the productivity of fishery was not considered. The aim of the leasing policy was to raise state revenue. However, during 1965 in an attempt to help poor fishermen, preference in the granting of jamohal was given to fishermens co-operative societies registered with the Dept of Co-operatives After the independence the government of Bangladesh took several policies in regard to the jolmohal management which have been described below- 1973- 1974: Preference was given to registered fishers cooperatives in leasing out the water bodies provided the cooperative agreed to pay highest bid money, the numbers of which as a result mushroomed. However, this provision was easily circumvented, with former Ijaradars generally using co-ops as fronts, taking jalmohals on sublease arrangements and retaining effective control. 1974- 1984: Under a presidential order, all jalmohals were transferred from MOL to the Ministry of Fisheries and Livestock. Initial attempts were made to move from purely revenue-based to more sustainable systems of management, but before this could not be fully implemented. Restrictions placed on leasing out water bodies to the registered fisher cooperative societies through negotiation for 1-year lease for river and canal and 3 year lease for closed and semi closed types of fisheries such as lake, boar and ponds. If such a fishers association was not available or the terms and conditions of lease were not acceptable to the government then the water bodies would put up for open auction where anybody including the non-fishers could bid. 1984 1986: Leasing to the fishers cooperative societies through negotiation was replaced by open auction system but limited to fishers cooperative societies. Open auction system of leasing water bodies was subsequently changed to bidding by sealed tender system, all other conditions remaining unchanged. Jalmohals 20 acres reverted to MOL control. 1986- 1995: To ensure biological management of fishery resources and to establish the right of fishers to water bodies a licensing introduced under the New Fisheries Management Policy (NFMP) in 1986 in selected location and the affected jalmohals were placed under direct management of the Department of Fisheries. The aim of this policy was to reserve some water bodies for genuine fisherman defined as those who depended on full time fishing for livelihoods. The leasing system was abolished and fishing rights were directly licensed to fishers. Credit was made available, and different institutional arrangements (including NGO management) were explored. Progress was slow, with MOL unwilling to give up its major source of income under circumstances where net revenue from land was very small and other vested interests were opposed. Annual gear specific harvests were introduced to ease the pressure on fisheries by regulating the harvests. Limited user rights to genuine fishermen were meant to ensure that they received a greater share of the fishing income. Nevertheless, this had limited success and government revenue decreased; fishers sometimes failed to pay license fees on time because of the failure to link the license fee with the productivity and biological potential of the water bodies, so for many fishers the license fees were too high and increased yearly which overtime put them out of reach of many. In addition, non-fishers continued to control water bodies assisted by wealthier fishers. Because of the failure, this policy ended in 1996 since when project based approaches involving communities have been adopted. 1995- 1996 (Open Access Policy): Leasing system for flowing rivers was abolished and fishing was declared open to all free of cost except to those who catch fish by using mechanized boats. The policy was established for the benefit of poor fishers but as there was, no control fishing pressure increased greatly and threatened fish stocks. Additionally influential people and mastans were reported as controlling the rights to river water bodies in some areas and to have harassed and exploited fishers. Community Based Fisheries Management Project: The CBFM Project started field activities in different locations from late 1995 to mid 1997. The project is a partnership of government (DOF), five NGOs Caritas, Proshika, BRAC, Banchte Shekha and CRED, and ICLARM. CBFM is a partnership arrangement where management responsibility is shared between the government and fishing communities. Under this approach, the users can participate to the management of fisheries to ensure its sustainable use and equitable distribution of benefits. The Fourth Fisheries Project: This project started in 2000, involved the NGOs extensively for empowering the fishing community so that the community of project beneficiaries, i.e., the fishers, could retain the benefits of mitigatory and compensatory interventions undertaken by the project. The project involved 14 NGOs in 49 sites for empowering community institutions. In essence, they were posted to ward off the capture attempts made by the rural elites by empowering the fishers. The Water Body Management Policy 2005 and its shortcomings: Although the 2005 policy aimed at ensuring full access of poor fishermen into the public water bodies, however there were several drawbacks and constraints in its implementation as follows: The revenue centric policy only allowed the affluent people to get lease and left out the poor fishermen. Did not specify the property rights of the lease holder to be bankable. Insufficient coordination and discussion on the leasing strategies among the relevant ministries and stakeholders. Lack of encouragement and involvement of private sector investment. The short term leasing policy held back the fishermen from introducing any scientific cultivation method. Jolmohal Management Policy 2009: The government adopted the Jalmahal Management Policy-2009 with the cabinet approval on June 23 through bringing some changes to that of 2005. These changes or amendments are- While the Upazilla fisheries officer will recommend whether the shamity members are actually fishermen or not, the Upazilla Water Body Management Committee will prepare and finalize the fishermen group living adjacent to a particular water body. The management committee headed by a deputy commissioner (DC) is authorised to lease out khas jalmahal among the community. Local lawmakers have been made advisers to the district and upazila committees with the upazila chairmen alternative advisers to the upazila committees Any fishermen community / group / shamity living adjacent to an water body will be become the beneficiary of that particular water body. The lease period for the closed water bodies up to 20 acres has increased to 3 years from only 1 year. The lease-holders are not allowed to sub-lease the water bodies and must use it only for fish production. The Upazilla and District water body management committee will consist of representatives from the private sector, civil society, department of agriculture and law enforcement agency. The District Commissioner (DC) will annually update the list of public water body and notify in the notice board, local dailies and websites for the stakeholders. The public water bodies under different ministries will be allocated to the fishermen or samity instead of previous target group. The commercial banks and financial institutions will provide loan to the fishermen or their community in order to scientifically manage the leased water bodies. A database will be prepared and updated with information regarding the public water bodies of the country. Ministry of land will introduce public private partnership to manage the water bodies for improving the lives of the fisherman. A coordination committee comprising of concerned ministries will be formed at national level for the proper management of public water bodies. Even though the Jolmohal Management Policy 2009 is a better policy than the previous one, but still there are some problems regarding this policy, they are- Jalmahal management policy does not effectively safeguard the interests of the actual grassroots fishermen. The provision for keeping local lawmakers and upazila chairmen as advisers in the management committee will create scope for politicisation and conflict. The genuine fishermen community will not be benefited with a management dominated by bureaucrats In summary from the 18th century to the present, Bangladeshs jolmohals management has been dominated by private leasing and controlled by non- fishers business and political elites. Most of the policies and rule instituted during this period led to a transfer of property rights from the traditional fishers to the socially powerful agents, the leases and other commercially non- fishers interest. Reasons for the failure of these policies The polices taken over the years to manage the jolmohal by the government hasnt been successful as the genuine fishermen didnt get the benefit but the middle man enjoyed it. Therefore, social welfare actually did not increase. To look it more closely we can take each of this policy and examine their problems. The first policy taken was, lease system, which was used to increase the government revenue, so lease was granted to the highest bidder. Due to lack of capital and the control of local political authorities by non fishing interest group fishers were outbid or there cooperative was controlled by outside finances and the lease was allocated to the non-fishing population who wanted to make profit, which did not help the poor fishermen. Similarly, the open auctioning system failed which also granted the right to the non-fishing population. The problem with the licensing system was that while determining the license fee they did not link it with the productivity and biological potential of the water bodies. Therefore, for many fishermen the licensee fee was too high. In addition, government failed to provide them with technical financial support, there was also a continuous threat from other interest group. This put a pressure on the fishermen and the benefit from the licensing declined. Another policy taken was, open access fishing. As with the other policy, in this case also the influential people controlled the rights to river water bodies. Furthermore, the open access system put a pressure on the resource since to maximize the profit nobody gave a thought to the issue of sustainability. To overcome the problem with the middlemen the NGOs stepped in and there intervention helped many but in time some corruption was also noted. Most of the time they were given free rein so they had the tendency to exploit the power. The recent jolmohal policies have considered the environmental aspects, restricted the subleasing system and the intervention of the non- fishing community. However, since all this have to done on the district level there is still sufficient chance of the middlemen and other local powerful interest groups intervention. Therefore, there is a good possibility that this policy will not be successful in ensuring the welfare of the fishermen. Possible Solution As we can see, no form of ijahara or leasing process has been very successful in ensuring the welfare of the fishers. There can be several possible solutions to this but the most effective would be to create an aquaculture for the fisherman. In other words, the fishing right should be given to the fishers directly for a long period, at a minimum cost to enable them to pay the amount and the government should oversee the progress. This will save them from the middlemens intervention. If the fishers have the exclusive right to fish then they themselves would think of the sustainability issue and this will also give them incentive, so productivity will increase. This right to the fishermen should be given on a community basis. The government revenue may decrease from this process but they can earn more revenue from the export of the fish. To improve the situation and to protect the genuine fishermen, they need to be empowered with monetary and logistic help and capacity building. For th is purpose, the government needs to give them the support. Therefore, instead of an ijahara process if there is a cooperation among the government and the fishers then there is a possibility of increased in fishers welfare. Conclusion As we have seen from the earlier discussion that the proper distribution of jolmohal is very important both from the financial and social perspective. However, the policies taken since 1757 have only been successful in depriving the fishermens from their natural right to fish from the water and the situation has worsened overtime. To improve the situation the only possible and viable solution possible is the cooperative one because a proper and necessary monitoring is not possible of the ijhara system which is increasing the social cost and benefiting the non-fishers. Therefore, government needs to consider the cooperative system to ensure the welfare of the fishers. References: Islam ,Gazi Md. Nurul. Abdullah, Nik Mustapha Raja. Viswanathan, K. Kuperan. Yew ,Tai Shzee . AUGMENTING FISHERS WELFARE AND LIVELIHOOD ASSETS THROUGH COMMUNITY BASED MANAGEMENT IN BANGLADESH Thompson, Dr. Paul. FISHING RIGHTS AND ACCESS MACH THOMPSON, P.M., P. SULTANA, M.N. ISLAM, M.M. KABIR, M.M. HOSSAIN and M.S. KABIR. An Assessment of Co-management Arrangements Developed by the Community Based Fisheries Management Project in Bangladesh CBFM Project 1999 Government Jolmohal Management Policy, 2009 Ministry of Land; 23 June, 2009 Govt to revise Jalmahal Management Policy to increase fish production The Financial Express 8 September 2008 Inland Open Water Management Jalmahal policy wont help grassroots fishermen The Daily Star , 26 July,2009 LAND POLICY AND ADMINISTRATION IN BANGLADESH, CARE SDU Reports and Studies, Land policy Literature Review Final, May 2003 Public Water Body Management Policy 2009 Beginning of a new era for the poor fishermen of Bangladesh News Issue 3, 18 August 2009
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