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Japan’s Lay Judges and Implications for Democratic Governance

May 11, 2012
By 19600

On a sunny January morning in 2010, I sat high above the bustling streets of Tokyo in the central offices of the Japan Federation of Bar Associations (JFBA), speaking with a professor and noted scholar of Japan’s newest judicial incarnation, the saiban-in seido, or “lay judge system.” As I listened and learned more about the Japanese lay judge system that January morning, I found it amazing that it was my position as a Sylff fellow that had led me here.

The sign in front of the Supreme Court of Japan.

The sign in front of the Supreme Court of Japan.

In May of 2009, Japan began formal operations of the saiban-in seido, a quasi-jury method of trial adjudication that blends elements of the Anglo-American jury and the European lay assessor adjudicatory systems. Mandated by the Lay Judge Act of 2004, this system represents the first time that Japanese citizens have been asked to formally participate in the criminal adjudicatory processes of the state since 1943. At its core, the Lay Judge Act established a form of criminal trial adjudication where citizen jurists serve with and work alongside their professional counterparts on trials where the offense falls within a limited range of high crimes.

Under the saiban-in seido, in cases where the defendant contests his or her guilt, the judicial bench is composed of three professional judges and six lay civilians chosen from the population at random. These mixed tribunals are charged with not only determining the guilt of the defendant but also the sentence to be imposed. Decisions and judgments by the lay judge panel are based on majority vote, although any valid verdict is required to include the votes of at least one professional judge and at least one lay jurist. On a sunny January morning in 2010, I sat high above the bustling streets of Tokyo in the central offices of the Japan Federation of Bar Associations (JFBA), speaking with a professor Continue reading

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A Ceremony to Mark 20 Years of Sylff in Mexico

May 7, 2012

A Sylff endowment was established at El Colegio de México (Colmex) in March 1992, making it the fortieth member of the Sylff community. And on February 23, 2012, a ceremony was held to commemorate the twentieth anniversary of the Sylff program at the university.

Opening remarks by Tokyo Foundation Director for Leadership Development Takashi Suzuki.

Opening remarks by Tokyo Foundation Director for Leadership Development Takashi Suzuki.

The ceremony began with Colmex President Javier Garciadiego describing the history of the university and conveying his gratitude for the endowment. Remarks were then made by Japanese Ambassador to Mexico Shuichiro Megata, a video message was delivered by Nippon Foundation Chairman Yohei Sasakawa, and an address was given by Tokyo Foundation Director for Leadership Development Takashi Suzuki.

Sylff Steering Committee Chairperson Dr. Jean François Prud’homme commented that the Sylff goal of nurturing leaders capable of overcoming a variety of challenges was being achieved thanks to the activities of Colmex fellows and the Colmex Sylff Association. Continue reading

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SRA FY2011 Recipients Announced

April 5, 2012

2011 SRA Awardees

Sylff Research Abroad (SRA) provides financial support for Sylff fellows' research activities in a foreign country for their PhD dissertations. SRA was renewed in October 2011 to allow greater flexibility in the institutions where research is conducted than in the previous program.

The first applicants under the new format for the 2011–12 fiscal year were screened between mid-January and late February 2012, and 28 Sylff fellows were selected. The Tokyo Foundation is pleased to announce the award recipients (click here). Continue reading

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Valentine’s Day and the Environment: A “Love Affair with Nature”

February 9, 2012
By 19608

I visited Palawan, the Philippines, in 2010 and February 2011 to conduct fieldwork for a master’s thesis. There, I was amazed by an annual project called "Love Affair with Nature: Mangrove Plantation" conducted in the city of Puerto Princesa.

"Mangroves are trees or large shrubs, including ferns and palms, which normally grow in or adjacent to the intertidal zone and which have developed a special adaptation in order to survive in this environment"(Spalding, Kainuma, and Collins 2010). Mangroves can be found in some northern latitudes as high as 32 degrees, even though they are usually found within 25 degrees north and south of the equator (Maltby 1986). Mangroves are considered a rare global habitat. They currently make up less than 1% of tropical forests worldwide and less than 0.4% of the global forest estate (39,520,000 square kilometers) (FAO 2006).

Dwindling Mangroves

Figure1

Figure1

There are two main reasons for the destruction of mangroves. One is pressure from increasing populations in coastal areas, and the other is over-harvesting of timber and other wood products. Figure 1 shows that between 1980 and 2005, there was a dramatic loss of mangrove forests in every region except Australia. Southeast Asia, North and Central America, Oceania, and East Asia showed the highest decrease of more than 20% in 25 years.
Figure1: Decline in Mangroves by Region, 1980–2005 (Source: Estimates based on 2007 FAO data)

Status of Declining Mangroves in the Philippines

The mangrove forest area in the Philippines was estimated to be around 500,000 hectares in 1918. This has declined due to conversion to fishponds and salt beds, the cutting of trees for firewood and other domestic uses, and the reclamation of coastal land for industrial and other development purposes. By 1995 it had dwindled to 117,700 hectares (Fernandez et al. 2005).

Figure2

Figure2

This is a rate of depletion of about 3,700 hectares per year. Between 1980 and 1991, in particular, some 20,000 hectares were lost annually.
Figure 2: Decline of Mangrove Resources in the Philippines (Source: Compiled by the author based on DENR Statistics, 1998)

Undoubtedly, mangroves are showing signs of degradation in every region of the world. There is one project, though, that is seeking to reverse this trend. It is an initiative in the city of Puerto Princesa in Palawan, Philippines, known as a "Love Affair with Nature."

Expression of Love

The program, spearheaded by Mayor Edward S. Hagedorn of the city of Puerto Princesa, is one answer to the problem of global warming. It was launched on Valentine’s Day, February 14, in 2003 with the planting of 2,500 mangrove seedlings along a two-hectare denuded area in the village of San Jose.

Figure3

Figure3

Approximately 2,500 Puerto Princesans participated in this mangrove tree-planting event, aimed at protecting and conserving the remaining mangroves and beach forest species and at reviving denuded coastal areas. As of April 2009, the Puerto Princesa city government has been able to enrich or revive 58.5 hectares of denuded mangrove areas in the adjoining villages of San Jose and San Manuel. Some 56,500 mangrove seedlings and 29,000 propagules have been planted, as shown in Figure 3, with a survival rate of 71.7% (City Environment and Natural Resources Office, 2011).
Figure 3: Planted Seedlings and Propagules, 2003–09 (Source: Calculations based on Puerto Princesa City ENRO statistics)

Mass wedding in 2011, followed by mangrove planting (photos by the author)

Mass wedding in 2011, followed by mangrove planting (photos by the author)

Mass weddings are now held as an added attraction to the tree planting event, with newly wedded couples planting seedlings as an expression of their marriage vows. In September 26, 2005, City Ordinance No 287 was issued declaring February 14 as Love Affair with Nature Day in the city of Puerto Princesa. This is aimed at institutionalizing Love Affair with Nature Day on Valentine’Day as an expression of not only romantic love but also love for Mother Nature and as a continuing call for the protection and sustainable use of natural resources. Mass mangrove tree plantings and mass weddings have been conducted concurrently ever since.

Reasons for the Continuation of the Program

  • The municipal government, the City Environment and Natural Resources Office, the Provincial Environmental and Natural Resources Office, and the Department of Environment and Natural Resources Office have been the main providers of funds for environmental projects in the city.
  • Communicating the project’s benefits, such as protection from storms, prevention of rising sea levels, and creation of breeding grounds for fish, has promote participation among members of the local community. Anticipated long-term benefits, such as larger fish hauls, have been enough to convince locals to join without any cash incentives.
  • The project represents heightened ecotourism opportunities, and the city has begun actively promoting ecotourism.
  • These activities have become an important social function for the local community, and for some students it is a requirement in order to receive scholarships.
  • A series of meetings are conducted every year to educate village leaders and to spread the program’s message to local communities.
  • At this point, no company in the timber industry is involved owing to a law initiated by President Ferdinand Marcos in 1981. The industry has been a major cause of mangrove destruction, and only ecotourism activities that do not result in the cutting down a single mangrove tree are currently conducted today.
  • Many policymakers believe that once the trees mature, the task of rejuvenating the forests can be left to the forces of nature, and further plantings will become unnecessary.
  • Civic organizations have taken responsibility for protecting local areas and providing forest rangers to monitor the forests.

Halting the Decline

Figure4

Figure4

A study conducted by the Palawan Council for Sustainable Development in 2005 with the support of the Japan Forest Technology Association (JAFTA) is the most reliable and up-to-date data available to evaluate mangrove forest cover in Puerto Princesa. This study shows that the current cover in Puerto Princesa is 5,896.40 hectares, as shown in Figure 4. The mangrove forest was 4,052 hectares in 1992. PCSD conducted the survey in 1992 using SPOT Earth observation satellite images. Figure 4: Mangrove Cover in Puerto Princesa (Source: PCSD, 2010)

There has been positive growth of mangroves in the province of Palawan as well as in the city of Puerto Princesa.

Figure5

Figure5

It was just 29,910.14 hectares in Palawan in 1992 and increased to 57,386.52 hectares in 2005, as shown in Figure 5. All these planted areas were granted protected status to form part of the Integrated Protected Area System (IPAS). The increase of mangrove forests in Puerto Princesa is backed up by these policies. Figure 5: Mangroves on Palawan Island (Source: PCSD, 2010)

Conclusion

There is clear evidence that mangrove forests in the world are declining. In the Philippines, this decline rate has been huge over the past few decades. However, there is one example that shows a different trend.

Scenes on a flight from Manila to Puerto Princesa (photo taken by the author in 2011)

Scenes on a flight from Manila to Puerto Princesa (photo taken by the author in 2011)

Government involvement, effective law enforcement, political will, proper leadership, community involvement, alternative livelihoods, an education campaign, involvement of local and national organizations, and the willingness of local communities are needed to change this trend of mangrove degradation.

A "Love Affair with Nature" is a successful project that combines all these ingredients. This project has been implemented and maintained by the personal efforts of Mayor Edward Hagedorn. Every citizen of Puerto Princesa is proud to be environmentally sound. The beauty of the project can be seen when flying from Manila to Puerto Princesa. The left side of the photo shows the view of Manila, where there is no greenery, while the right side shows the verdure of Puerto Princesa.

References

  • Fernandez, Cheryl Joy J., Rodelio F. Subade, and Paul Erwen T. Parreño. 2005. Paper presented at the 8th National Symposium in Marine Science, held at Palawan State University, Puerto Princesa, on October 20-22, 2005.
  • City Environment and Natural Resources Office. 2011. “Love Affair with Nature” internal communication document. Puerto Princesa.
  • Food and Agriculture Organization. 1994. Mangrove Forest Management Guidelines. FAO Forestry Paper 117. Rome.
  • Food and Agricultural Organization. 2006. Global Forest Resources Assessment 2005: Progress towards Sustainable Forest Management. Rome.
  • Maltby, E. 1986. Waterlogged Wealth: Why Waste the World‘s Wet Places? London: Earthscan Publications.
  • Spalding, Mark, Mami Kainuma, and Lorna Collins. 2010. World Atlas of Mangroves. London: Earthscan Publications.
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International Seminar on North East India

January 25, 2012

A two-day international seminar on “Challenges of Development in North East India: Issues and Concerns” was held at the University of Delhi on November 3 and 4, 2011.

The conference was convened by Kamei Aphun, assistant professor in the Department of Sociology, Delhi School of Economics, University of Delhi. Aphun received a Sylff fellowship from Jawaharlal Nehru University in 2004 and 2005.

In his description of the conference’s theme in the opening session, Aphun outlined the need to study North East India from a wider perspective using a multidisciplinary approach. The region shares borders with five different Southeast Asian and South Asian countries and is of great geostrategic importance.

While many people regard studies of North East India to be limited value, he argued that the region’s proximity to South East Asia was an advantage that can be used to promote tourism and bilateral trade and commerce.

There are also good prospects in the development of sports, horticulture, handicrafts and agro-based industries, in which the region has recently become a leader in India. The region is not only rich in flora and fauna but is also important for anthropological research.

Kamei

Kamei

At the same time, he noted, it has recently been marked by such problems as growing militancy and insurgencies, ethnic conflict and violence, illegal immigration, and environment-related problems. These issues need to be contextualized within a larger framework of regional economic development and prosperity, compared with the development of the country as a whole.

The conference’s technical sessions addressed such issues “State, Ethnicity, and Development,” “Environment, Culture, and Polity,” the 1958 Armed Forces Special Powers Act that conferred special powers on armed forces in the country’s “disturbed areas,” “Identity, Conflicts, and Violence,” and “Government Policies, Economy, and Gender.”

The seminar was well attended and also featured paper presentations, an exhibition of books, documentary screenings, and special cultural programs.

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Applying Anthropological Methodologies to Protect the Rights of Immigrants

January 18, 2012

Helena

A lecturer at the Comenius University in Bratislava and a researcher at the Human Rights League, Bratislava, Helena Tužinská has recently published English translations of reports based on anthropological observations of communication between immigrants and lawyers.

Tužinská received a Sylff fellowship in 1998 (as an MA student) and 2000 (as a PhD candidate) while attending Comenius University in Bratislava. “Both of the scholarships in an international academic environment gave me a solid opportunity to address the relevant issues,” Tužinská notes, “which became a base for further investigation.” Continue reading

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Flood Relief Initiatives by the Thai Sylff Community

December 21, 2011

Floods in Thailand affected over 12.8 million people in 2011, and the World Bank estimates that damages would reach 1,440 billion baht ($45 billion).

We at the Tokyo Foundation extend our deepest condolence to the victims of the disaster and their families. Although restoration efforts are making progress, a full recovery is still far off.

At the time of the national crisis, Chiang Mai University’s Sylff fellows and steering committee members launched a donation project to support the reconstruction drive. The following is a message from Dr. Sidthinat Prabudhanitisarn, chair of the university’s Sylff steering committee and dean of the Faculty of Social Sciences.

We hope that you will generously support this initiative by the Sylff community in Thailand.

Message from Dean Sidthinat Prabudhanitisarn