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Internet Policymaking and the Case of Brazil’s Marco Civil

March 7, 2016
By 19622

Guy Hoskins, a Sylff fellow at York University, traveled to Brazil to study the implications of a new civil law on Internet freedoms with huge implications for privacy, freedom of expression, and network neutrality for Internet users around the world.

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When the revelations made by former US government contractor Edward Snowden emerged regarding his country’s practice of dragnet surveillance of global digital communications, the repercussions were manifold. Some of the consequences, such as diplomatic tensions and a heightened public awareness of data privacy issues, could have been foreseen. Others, however, were much less predictable. One such outlier was the passing into law in Brazil of a bill called the Marco Civil da Internet (the Civil Framework for the Internet) enshrining a substantive set of civil rights for the country’s more than 100 million Internet users, built upon the three pillars of privacy, freedom of expression, and network neutrality. Having been subject to abandoned votes on 29 separate occasions in the country’s lower chamber, the success of this partially crowdsourced, multi-stakeholder policy document was far from assured. The public and executive outrage generated by news of the National Security Agency’s practice of intercepting sensitive Brazilian communications proved to be the tipping point. President Dilma Rousseff signed the bill into law on April 24, 2014.1

Within a global media environment marked by almost daily stories of government infiltration of digital communications, threats against the neutrality of the Internet by telecommunications companies seeking to impose a tiered system, and state and corporate suffocation of freedom of expression online, it is little wonder that a bill of online civil rights in one of the most populous countries on earth should attract the interest of the world. That story, at least for English-speaking audiences, has yet to be fully told. It is the purpose of my doctoral dissertation to address that shortfall. By undertaking a detailed analysis of the development of this world-first bill of rights for Internet users, my hope is that a viable framework can be developed for other countries to follow and to safeguard an Internet legislated according to civic logic. It is not enough to hold aloft the bill itself and point only to the provisions contained therein. In isolation they cannot provide a cogent and replicable model for the rest of the world if the means of their resolution are not properly chronicled and understood.

With an undergraduate degree in Latin American studies, fluency in Portuguese, and experience living and working in the region, I had always attempted to integrate developments in Latin America into my graduate research in communication studies. So when I first read reports about the Marco Civil at the outset of my doctoral studies, it was immediately clear that this would make an excellent object of study. I first traveled to Brazil in March 2014 on a preliminary fact-finding mission while the Marco Civil was still in development. I had the immense good fortune not only to establish a network of contacts among civil society organizations that were promoting the bill but also to be granted access to the Brazilian Congress on the evening of March 25, 2014, to bear witness to the historic successful vote.

Buoyed by these experiences, and with financial assistance from SRA, I planned a period of formal field research in Brazil to coincide with the one-year anniversary of that first vote in March 2015. My primary objective was to interview some of the main protagonists who had participated in the open contribution phase of the bill’s development initiated by the Ministry of Justice. These people represented some of the major stakeholders in the Brazilian Internet, including telecommunications corporations, government bureaucrats, members of Congress, civil society leaders, traditional media companies, and web service companies. In gathering firsthand testimony from these individuals, I sought to discover how different groups of social actors were guided by particular logics with regard to the future direction of the Internet—profit, state security, surveillance, civic engagement, innovation, etc.—and how these were tied to the social values of privacy, freedom of expression, and economic freedom that ultimately form the technical and legal operating environment of a national Internet.

Network neutrality has received much media and public attention in recent months as the subject of major regulatory decisions in the United States, India, and the European Union, as well as of course in Brazil. It was fascinating to observe how what might appear at first glance to be a rather arcane technical premise—that all the data that flows on the Internet must be treated equally without any attempt by network administrators to allow data from certain sources to travel faster than any other—was articulated and interpreted by the different stakeholders in the Marco Civil case.

Traditional media companies, dominated in Brazil by the ubiquitous Globo Group, saw net neutrality as a means to ensure mass access to their commercial content. Web companies interpreted it as a safeguard for innovative new online services. Telecommunications companies opposed it on the grounds that it would stifle the potential for new business models. Civil society organizations generally viewed the legislation as essential to both consumers’ rights to digital services and citizens’ rights to freedom of knowledge. Identifying and charting these diverse interpretations of one element of the technical architecture of the Internet can allow us to better understand why these details are so fiercely contested and to appreciate the deeply social process that underpins these apparently neutral technological considerations.

Another essential facet of the Marco Civil process that I was able to appreciate much better after speaking with my interviewees was the way in which the object of the policymaking process—the Internet itself—had influenced how the various groups were able to “operationalize” their agendas or logics. The Brazilian government’s use of an online consultation forum opened the bill to large-scale public scrutiny and input. This made the legislative project much more democratically legitimate—a fact that helped considerably to overcome partisan opposition in Congress. Civil society groups took advantage of the same mechanism to raise public awareness of the substantive issues under discussion while the telecommunications companies, with no little irony, were the group most disadvantaged by the transparency and ready coalition-building facilitated by the Internet and continued to pursue their traditional tactics of backroom lobbying rather than exposing rational arguments to the oxygen of (online) publicity.

I am now in the early phases of data analysis as I translate, transcribe, and codify the hours of interview footage I gathered during my fieldwork in Brazil. As I work, I seek the insights that will allow me to portray as accurately as possible how, in spite of a concentration of forces applying logics of profit and control online, “another Internet is possible” (Franklin, 20132)—one premised on safeguarding freedom of expression, data privacy, and network neutrality.


1http://www.newscientist.com/article/dn25467-brazils-internet-gets-groundbreaking-bill-of-rights.html
2Franklin, M.I. (2013) Digital Dilemmas: Power, Resistance and the Internet, Oxford: Oxford University Press.

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Chinese Investment in Central and Eastern Europe

February 25, 2016
By 19675

Ágnes Szunomár, a 2015 Sylff fellow at the Hungarian Academy of Sciences, summarizes her research on the recent trend of Chinese investment in Central and Eastern Europe. In her article, she describes how it differs from investments by other Asian and European countries.

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Introduction

Chinese outward foreign direct investment (OFDI) is one of the most spectacular developments in recent international economics in terms of its rapid growth, geographical range, and takeovers of established Western brands. Chinese firms mainly invest in Asia, Latin America, and Africa, where they search for markets and natural resources. They have also been active in the developed economies of Western Europe and the United States, however, that offer markets for Chinese products and assets that Chinese firms lack, such as advanced technologies, managerial knowledge, and distribution networks. Chinese firms are also increasingly investing in Central and Eastern European countries (CEECs). These investments are quite a new phenomenon and still constitute a small share of China’s total foreign direct investment (FDI) in Europe (10%), but since 2006 we have seen a growing influx of Chinese investments into the region, which is expected to increase further in the future (see the figure below).

The aim of my research was to analyse the motivations and location determinants of Chinese FDI in the largest recipient countries within the CEECs, with a special focus on the role and impact of host country macroeconomic and institutional factors.

Background

China’s rise is often compared to the postwar “Asian Miracle” of its neighbors. An analysis of the internationalization experiences of Japanese, Korean, and Chinese companies reveals several common features as well as some differences. One of the main common characteristics shared by all three is the creation and support of the so-called national champions, that is, domestically based companies that have become leading competitors in the global market. In fact, during their developmental period, both the Japanese and Korean governments gave strong state financial support to their companies in order to protect and promote them as well as to strengthen them for international competition. China has followed this example in subsidizing domestic industries and supporting their overseas activities, for example in the form of government funding for OFDI.

Although the CEECs differ in many respects, they do have some features in common as possible locations for East Asian investors. Their economies have been in the process of catching up over the last decades, defined mainly by European powers. FDI has played a key role in their restructuring. Investment from East Asian countries in the CEECs began as early as the 1990s (with a Japanese Suzuki factory in Hungary).

In the past decade most of these countries became increasingly interested in boosting trade and attracting investments from East Asian economies. The global economic and financial crisis of 2008 intensified these ambitions. The largest recipient countries of East Asian investments within the CEECs are Hungary, Poland, the Czech Republic, and Slovakia. Around 90% of foreign investments in the four countries are from Europe, with an average of only 7.4% of FDI from other countries, mainly from the USA, South Korea, Japan, and China.

Utility of the Research

Typically, the international literature examines the motivations of Chinese OFDI on a global basis, and most previous studies have focused on China's growing investments in the developing world. Studies dealing with the characteristics and motivations of Chinese FDI in Europe rarely deal with the Central and Eastern European region. Although significant research has been done on FDI flows to the CEEC region, most of these studies do not include Chinese investments. The literature is thus incomplete, and detailed description and analysis of this issue is lacking. The primary aim of this research was therefore to complement the literature.

Besides complementing the literature, my results also have an inherent message for CEEC corporate decision makers and policy makers. For the CEECs, the Chinese relationship is increasingly a priority, especially since the economic and financial crisis of 2008. Most countries in the region see a closer relationship with emerging economies such as China as a promising way of recovering from the recession. The further development of corporate or government strategies in this regard may be supported by the results of this research.

Methodology

Given the broad concept and geographical scope of Central and Eastern Europe, instead of focusing on the relations of all the region’s countries with the main East Asian investors, the research concentrates on a fair sample of CEEC countries: the Czech Republic, Hungary, Poland, and Slovakia. These countries were selected in consideration of their size, reflecting their proximity, growing business ties, and geographic location, as well as their political and economic relations with China. The Czech Republic, Hungary, Poland, and Slovakia are the most developed and most important players in the CEEC region and are members of the Visegrad Group as well as the EU and the Schengen Area.

At the beginning of the research I reviewed theories and literature on FDI location determinants with a special focus on FDI determinants in the CEECs. The next step was to analyze the changing patterns and motivations of Chinese and other East Asian OFDI as I tried to find similarities and differences between the characteristics and motivations of Chinese, Japanese, and South Korean FDI in the CEECs. In addition, I provided a detailed description of the impact of both macroeconomic and institutional factors based on case studies and interviews with East Asian firms established in the CEECs.

To continue this research in the near future I also prepared an online opinion survey on East Asian companies' investment patterns, which will be sent out to several Chinese, Japanese, and South Korean companies operating in the CEECs to collect more information on their activities, motivations, and strategies.

Research Results

My investigation into the motivations of Chinese OFDI in the CEECs shows that Chinese investors mostly search for markets (market-seeking investment). Investors are attracted by the relatively low labor costs, skilled workforce, and market potential. EU membership allows Chinese investors to avoid trade barriers, and the countries serve as an assembly base due to the relatively low labor costs (efficiency-seeking investment). However, in parallel with the increasing number of mergers and acquisitions in the region, strategic asset-seeking motives have become more important for Chinese companies in recent years. Chinese investments are also motivated by the search for brands, new technologies, or market niches that they can fill in European markets. For example, in early 2012 Liugong Machinerys acquired Huta Stalowa Wola’s construction equipment division and its distribution subsidiary, Dressta. Secondly, in 2013 China’s Tri Ring Group Corporation acquired Polish Fabryka Łożysk Tocznych (the biggest Chinese investment in Poland so far), a producer of bearings for the automotive sector.

Chinese investment has flowed mostly into manufacturing (assembly), but over time services has attracted more and more investment as well. For example Hungary and Poland are home to branches of the Bank of China and the Industrial and Commercial Bank of China, as well as offices of some of the largest law offices in China (Yingke Law Firm and Dacheng Law Offices). Regarding the Chinese entry mode, there are examples of greenfield or quasi-greenfield investments (Huawei, ZTE, Lenovo), as well as mergers and acquisitions (Wanhua) and joint ventures (Orient Solar, BBCA).

Having examined the CEEC-East Asian economic ties, my conclusion is that while Japan and South Korea previously had larger roles, China has increasingly come to the fore in recent years. Analyzing the difference in motivations before and after the global economic and financial crisis suggests that although the crisis did not have a direct impact on East Asian investments in the CEECs, there was an indirect impact since it was in the aftermath of the crisis that the CEECs started to search for new opportunities to help them recover from the recession. For example, Hungary's “Opening to the East” policy was initiated after (and partly as a result of) the crisis, but the crisis also made Poland look eastward. China took these opportunities and has increased sectoral representation of Chinese firms in the CEECs in recent years.

The results of my research suggest that the characteristics, motivations, and location determinants of Chinese investments in the CEECs differ somewhat from Western as well as other East Asian investors’ motivations. While macroeconomic factors, such as labour costs, market size, and corporate taxes, had and continue to have a decisive role in selecting FDI locations for investors from other countries, Chinese firms seem to attach greater importance to institutional factors. Country-level institutional factors that impact Chinese companies’ location choice within the CEECs seem to be the size of the ethnic Chinese population, as well as investment, privatization and public procurement opportunities, but also good political relations between the host country and China. One example is Hisense’s explanation of the decision to invest in Hungary. Besides traditional economic factors, this decision was apparently motivated by the “good diplomatic, economic, trade, and educational relations with China, the sizable local Chinese population, Chinese trade and commercial networks, and associations already formed.” Another example is the Nuctech company, which established its subsidiary in Poland in 2004 and participated in public procurement.

My research also suggests that the CEEC region is not homogeneous and that there are differences in the economic relations between the CEEC countries and China. Moreover, the CEECs often view each other as competitors rather than working together to achieve shared goals (that is, to attract more Chinese investment). This is unfortunate, since according to the literature on the perceptions of the CEEC region among Chinese, many Chinese business investors consider the region to be a unified bloc.

Conclusion

To conclude, I found that:
(1) The role of Chinese investments within the CEE region increased significantly after the crisis, and investment from China will be increasingly important for the countries of the region in the future, as the Chinese share of total inward FDI in the CEECs increases.
(2) Chinese investments in the CEECs differ somewhat from other countries’ investments in the region in terms of motives, which in the Chinese case are driven by both political and economic factors.
(3) The level and warmth of political relations with the host country have an increasingly important influence on Chinese companies’ investments in the region. And (4) the CEE region tends to be seen more as a unified block than as a group of countries by the Chinese. Greater cooperation among the CEECs might therefore help to increase the chances for successful economic relations with China.

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[Report] The Refugee Crisis in Europe and the Role of the Czech Republic

February 10, 2016
By null

Martin Faix and Věra Honusková, Sylff fellows from Charles University in Prague, organized a conference on the migrant and refugee crisis in Europe that was supported by an SLI grant. Tokyo Foundation director Mari Suzuki and program officer Keita Sugai attended the conference as observers. The following is a report by Keita Sugai.

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Introduction

The migrant and refugee crisis in Europe has the potential to precipitate social and geopolitical changes that could prompt the European Union to thoroughly reexamine its border policy from political, pragmatic, and humanitarian perspectives. Today, news of refugees fleeing from war-torn, failed states or oppressive dictatorships reaches readers around the world every day, and the issue has elicited both sympathy and hostility toward the migrants within the EU. While EU ministers voted for a plan to relocate 120,000 migrants and refugees in September 2015, central European countries, including Romania, Hungary, the Czech Republic, and Slovakia, voted against the plan. The issue has been highly divisive.

In an attempt to gain a fuller understanding of this issue through objective, impartial discussion, Sylff fellows Martin Faix and Věra Honusková organized a one-day conference in Prague—supported by a Sylff Leadership Initiatives (SLI) grant—that focused on the legal dimensions of the debate. As an observer at the conference, I became acutely aware that the legal foundations of the refugee issue were often completely overlooked in the discussions intended to consider and articulate the plight of the refugees.

The SLI-funded conference on the “Refugee Crisis on the Borders of Europe and the Role of the Czech Republic” was held on November 12, 2015, at Charles University in Prague, from whose Faculty of Law both Faix and Honusková received their PhDs. The fellows have profound legal knowledge of refugee-related issues, with Honusková having substantial practical experience through her career at an NGO and in academia.

In this report, I will first provide background information and then summarize the main arguments for the legal foundations of this issue, along with other topics covered at the forum. I will also share my observations on how the two Sylff fellows succeeded in fulfilling the purposes of the conference.

Background Information

Věra Honusková

Věra Honusková

In my conversations with the fellows, I learned that the refugee issue has been politicized in their country and that attempts to stir up public sentiment have resulted in strong anti-refugee opinions and policies. When the number of refugees entering the EU increased dramatically in spring 2015, discussions oriented toward accepting them were difficult to initiate because the political environment was very negative. This was challenged by humanitarian groups on several occasions, and a groundswell of sympathy emerged when the photo of a Syrian boy found dead on the southern Turkish coastline caught worldwide attention. Arguments were made calling for a more flexible policy, and stakeholders became more willing to listen to different viewpoints.

Dr. Martin Faix

Dr. Martin Faix

Faix and Honusková carefully timed the conference to coincide with this shifting mood. Their primary objective was to examine the legal foundations of the refugee issue, and waiting until November was quite fortuitous, as policy stakeholders became more interested in different perspectives and were in need of objective policymaking guidelines.

They were successful in laying out the legal foundations in the presence of diverse stakeholders: Speakers included academics from the Czech Republic, Belgium, Hungary, and Austria; administrators from the Czech Ministry of the Interior and the Office of the Public Defender of Rights; and a judge from the Czech Constitutional Court. Their presentations stimulated intense debate, which, as planned, sometimes became very heated. Audience members included academics from domestic and other EU universities, Czech public officials and administrators, and media personnel. This diversity of participants enabled information to be conveyed from a broad spectrum of viewpoints and facilitated multifaceted discussions.

Legal Foundations

This report will not delve into the technical details of the debate, and I will only provide the essence of the legal foundations presented and discussed during the conference.

Schengen Agreement and Dublin Regulation

Legally speaking, the refugee crisis has seriously diluted the effectiveness of two important EU agreements signed by most member states. One is the Schengen Agreement, which abolished internal border controls to allow individuals to move freely within the Schengen Area. In response to the massive influx of migrants, however, some countries closed their borders to prevent their entry. These countries point to national security concerns. Many experts believe that the Schengen Agreement is no longer working and that it needs to be reconsidered.

The other is the Dublin Regulation, under which almost all migrants seeking asylum in the EU must apply to the first country of entrance—which then is responsible for reviewing the application. This convention is being questioned from the viewpoint of practicability, as it forces coastal states like Italy and Greece to be inundated with applications. Germany’s announcement in August 2015 that it will accept applications from Syrians who had neither applied for refugee status nor had their applications reviewed was seen as the moment that made states give up on the strict enforcement of the Dublin Regulation.

It is important to note, though, that the massive scale of the migration in 2015 was totally unforeseen by these two agreements. This is not to say that they are flawed but that emergency, intervention measures are needed.

Convention on Refugees

The 1951 Geneva Convention relating to the Status of Refugees is a UN multilateral treaty that contains a definition of a refugee, the rights of individuals granted asylum, and the responsibilities of nations granting asylum.

According to the definition that was amended in a 1967 protocol, a refugee is a person who is outside the country of his/her nationality and is unable or unwilling to return owing to a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.” Refugees are protected by the principle of “non-refoulement,” or forcible return, which the parties to the convention must observe. It is a safeguard to prevent refugees from being returned against their will to territories where their life or freedom could be threatened.

The speakers talked of the convention as something like a Magna Carta, serving as the basis of all other legal documents on the rights and entitled protections of refugees.

European Union Law

Article 67 of European Union law (Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union) states: “[The Union] shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States.” Article 77, meanwhile, states: “The Union shall develop a policy with a view to: (a) ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders; . . . [and] (c) the gradual introduction of an integrated management system for external borders.” And Article 78 states: “The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement.”

The provisions concerning asylum for refugees thus reaffirm the Refugee Convention’s protocol regarding the rights of refugees and responsibilities of member states. It is notable that EU law upholds a “common policy” on the protection of refugees. This is a strong argument for EU member states to undertake necessary measures collectively, especially if the Schengen and Dublin agreements are not fulfilling their originally envisioned common policy goals.

What emerged from the conference was a message that member states are required, under the Geneva Convention and EU law, to provide relief measures for refugees to some extent but that they can fulfill those requirements in a number of ways. There is a need to respond to the humanitarian crisis, but states do not necessarily have to allow all people who come to Europe’s shores to settle in the EU. The issue is made more legally complicated by the fact that many of those entering Europe are not refugees in the conventional sense. The most difficult and controversial aspects of the issue are how the legal foundations should be applied in enabling practical policy measures when political interests and orientations dictate a different response. EU member states were divided over their policy choices, as the actual number of migrants in 2015 far exceeded levels envisioned under the current policy framework.

Many of the EU members opposed to allowing the entry of refugees, including the Czech Republic, pointed to national security concerns. The tone of the debate was dominated by a sense of crisis, and political emotions ran high, fostering negative views toward the acceptance of refugees.

The conference highlighted the point, though, that EU member states cannot avoid their responsibilities. The fellows explained to me that many participating political and government officials, as well as the mass media, came away from the conference with a heightened interest in the legal dimensions of the issue. There is no doubt a need to keep political emotions in check and encourage more objective discussions; this conference could be the first step toward that goal.

The fellows were thus very careful about downplaying the influence of emotion and creating an environment conducive to objective, sober debate. For example, speakers were discouraged from using visual images of refugees, particularly of children, which could trigger a sympathetic, humanitarian response.

Other Issues

These discussions raised more fundamental questions about the nature and role of the European Union. The EU was established to consolidate certain functions of national governments and promote solidarity. Member states must act as one on a broad range of policy issues. The refugee crisis alone will not erode the EU’s spirit of solidarity, which is required in addressing the many challenges it faces, including financial crises, economic stagnation and unemployment, conflict with Russia over Ukraine, and Britain’s possible withdrawal. But a critical mistake in a key policy area could produce seeds of fragmentation. The fact that the conference addressed the refugee problem with reference to fundamental aspects of the EU was an excellent idea.

Another insight into the fundamental aspects of the refugee crisis was gained through the introduction of historical documents from about a hundred year ago, which showed that sovereign states did not have a key role in maintaining migrant controls. Culture was, in some ways, a bigger factor in human mobility, not only leading to a reexamination of the status quo but also prompting major changes. Adapting to changing circumstances enabled cultures to grow stronger, thereby facilitating their continued and sustainable development. Discussions of the refugee crisis thus shed new light on the fundamental role and historical significance of the EU process.

Conclusion

The Sylff Leadership Initiatives program is intended to support fellows wishing to address socially relevant issues. Honusková and Faix were well aware of the aims of SLI and had a shared interest in taking an objective look at the influx of migrants into Europe. Their efforts to promote thorough debate from a legal point of view—whose importance had often been overlooked—contributed to the success of the conference. Honusková and Faix are both experts on the legal aspects of the refugee issue; the two worked effectively as a team, with Honusková taking the lead in shaping the substance of the discussions, while Faix was mainly responsible for administrative matters.

There was no time to bask in the afterglow of their success, however. On November 13, 2015, only one day after the conference, terrorists launched coordinated attacks in Paris that killed over a hundred people. This tragedy has negatively impacted on efforts to protect and accept refugees, making it all the more imperative to promote levelheaded, legally grounded debate. I have invited Faix and Honusková to write about the conference and the refugee crisis in their own words in a forthcoming Voices article.

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Using Traditional Patriarchal Institutions to Address Women’s Problems

December 4, 2015
By 19655

That modernity does not necessarily bring secularisation in most parts of the world is knowledge rarely disputed in our times. People working in the field of development are increasingly acknowledging the continuing influence of patriarchal2 religious norms on individual and collective life and looking for ways to promote female empowerment within the local reality.3 At the same time, there is growing evidence that gender-specific programmes in the past have produced negative side effects, perhaps because they failed to understand the interdependent livelihoods of men and women in traditional societies. This has led to some efforts to make men and boys central actors of female empowerment.4 Ordinary women in more traditional societies still grapple with culture-specific challenges that are rarely addressed in global initiatives. These include fundamentalist wars against their piety, frictions between modernisation and cultural identity, and intergenerational communication problems that interfere with young women’s choices.5

These were some of the challenges local people repeatedly conveyed to me through their accounts during a year of research in sub-Saharan Africa. The project described here was designed in response to these findings, and proposes to address asymmetries in the lifestyles and livelihoods of men and women working through the patriarchal institutions that inevitably make up the building blocks of most traditional societies. Pragmatic development must be relevant to the realities of local people, and must work within those realities to create an environment for change from within that is led by the people themselves out of their free choice.

Background

The idea that development programmes need to be cautious not to promote existing inequalities between men and women is the product of Western feminist movements. Gender sensitivity has been a mainstream part of development since at least the 1995 International Conference on Women held in Beijing.6 In 2013, in an attempt to understand the need to integrate gender-sensitivity in African agricultural development programmes, I embarked on a year-long fieldwork project in Ghana, Ethiopia, Rwanda, and Tanzania.7 My methodology was to listen to what men and women had to say about their livelihoods, to observe how men and women lived together, and to become exposed to Western gender and development approaches so as to investigate their impact.

The findings overall revealed a gap between people’s nuanced lifestyles (and the even more nuanced relationships between men and women) and the theoretical assumptions underpinning most gender and development programmes. The mainstream theoretical framework seemed to be premised on a consistent set of assumptions about gender relations in other countries and the implicit idea that most cultural influences are pernicious to women. In addition, the fact that gender analysis was done from the standpoint of leading Western societies meant that the impact of faith on material life was rarely researched or accounted for. In the societies where I lived, however, it was evident that cultural and faith-based ideas and beliefs shaped gender identities and relations, also influencing women’s possibilities as food producers. It was rarely recognised in the programmes I saw that improving women’s livelihoods would require understanding and engaging with these deeply embedded ideas and socialisation norms first. I therefore developed an alternative strategy that would include traditional institutions both in the analysis of gender realities and in sensitisation processes. Getting local religious and patriarchal figures involved in this process was another priority.

My proposal was to achieve this by combining ethnographic methods of research with participatory methodologies for community discussion. The process of group sensitization would be guided by ERDA methodology, a tool developed by research partners at the University of Tennessee to promote collective problem solving in communities.8 Through such a process of collective dialogue participants were expected to become more aware of the positives and negatives in their community. The gender-sensitive aspect of the approach would in turn provide a platform for thinking about asymmetries in the livelihoods and social roles of men and women, and trace their origin possibly in religious and cultural conventions. At the same time, ERDA would guide the process of sensitization and reduce my role to that of interlocutor. I employed this approach for the first time in the community of Guédé Chantier in Senegal, in response to an invitation by the mayor, Dr. Ousmane Aly Pame, to support the community’s development in ways that would be inclusive and culture-sensitive.9

Socio-economic Conditions through the Gender Lens in Guédé Chantier

Guédé Chantier and the central canal that enables farmers to irrigate their rice.

Guédé Chantier and the central canal that enables farmers to irrigate their rice fields.

Guédé Chantier was established in 1933 by the French colonial administration as an irrigated agriculture project, resettling some 50 families to the area to grow rice. The original local inhabitants were Fulani, although today Guédé is ethnically diverse. The population is homogenously Muslim, with the majority belonging to the Sufi branch of Islam, and specifically the Tidjanniya brotherhood.10 Guédé has a population of approximately 7,000, with a large population of young women.

Men are expected to provide for their families. They usually work in pastoralist, agricultural, fishing, artisanal, and entrepreneurial activities in the village and nearby areas. Women are responsible for looking after children and running the house. Many women work small parcels of land to produce vegetables, which they sell to buy cooking materials. Almost all women are involved in the transformation of raw foodstuffs for sale, including preparing salted peanuts and turning rice into flour.

Khadija, a mother of four in a polygynous marriage, preparing salted peanuts.

Khadija, a mother of four in a polygynous marriage, preparing salted peanuts.

Currently the community faces a number of problems, including soil depletion, water pollution due to use of synthetic fertilizers, shortage of pastoral land, drought, unstable income due to seasonal problems, and migration. Women have limited control of land, limited access to agricultural inputs, and find it difficult to secure credit. Livelihoods for both men and women are becoming more difficult as the price of living increases. This is felt particularly by women, who must manage daily household needs on very meagre funds.

Project Activities

A. Context Analysis

The project was planned as three rounds of activities to unfold over the period of one year. In the first round, I completed questionnaires with men and women in their homes that asked them about their livelihoods and gender-specific challenges. I also spoke to key informants, representatives from local youth organisations, and ordinary men and women. Two focus group discussions—one with men and another with women—were held to unpack profounder religious and cultural beliefs and norms underpinning girls’ and boys’ socialisation. This information was used to prepare the participatory workshop.

Participants’ own definitions of “development.”

Participants’ own definitions of “development.”

B. Participatory Workshop

The workshop had a timeline of two days; it attracted 14 participants on the first day, and 21 on the second (38% female). The group was diverse in terms of age, education levels, marital status, and other socio-economic characteristics. 11 The workshop followed the ERDA methodology, starting with an evaluation of current realities, followed by exercises to bring out problems caused by the intersection of traditional values and norms and modern influences, to assess possible needs and opportunities, and ultimately to produce a platform for action toward sustainable community growth.

Participants reflecting on how they understand “development” in the context of their own lives.

Participants reflecting on how they understand “development” in the context of their own lives.

In the second part of the workshop, a conversation about moral values led participants to examine their ideas and perceptions about people from different backgrounds, and the issue of equality and difference. This led gradually to the topic of the relations between men and women in Pulaar society. Young men and women, both married and single, worked together to list differences and similarities between men’s and women’s livelihoods. Participants also discussed the impact of family, schooling, and religious education on their perceptions about women and men and their respective roles in society. A conversation about spousal and inter-generational communication followed. Although disagreement occasionally halted dialogue early on, by the end of the workshop participants were fully engaged and more aware of their shared identities than differences. Participants also expressed excitement at the ERDA methodology, which they felt could be replicated to promote other communal development initiatives.12

C. Meeting with Patriarchal Leaders

Working together to identify differences and shared characteristics between men and women.

Working together to identify differences and shared characteristics between men and women.

In the second round of activities a meeting was held with religious leaders: Muslim clerics and local elders (a total of nine participants). I planned this discussion to summarise the participatory workshop and its findings to the local ‘patriarchs,’ and to discuss issues of equality in Islam as they had been articulated during the workshop, the focus groups and the personal interviews. The aim was to hear how local leaders thought about the intersection of faith-based, culturally embedded norms about men and women and the needs of younger generations in a constantly globalising world. I also wanted to see how they would visualise development in their community, and their role and responsibility in it.

Progress and Future Directions

The ethnographic activities showed that men and women have different roles, responsibilities, and expectations in this society. The asymmetries in livelihoods most likely reflect religious norms compounded by cultural practices. Patriarchal arrangements of social life, such as in the ways land is allocated, did seem to make equality more difficult to sustain. But the real impediment was found in mentalities that viewed women as less capable than men and belonging exclusively in the home. The participatory workshop showed that most people are interested in change and condone equality, but in ways that do not depart from patriarchal structures that they perceive as foundational to either faith or culture. Any intervention that aims to address women's problems would need to take into account this subtle relationship between growing ideas of equality and a strong sense of identity, especially in cases where the latter combines with an androcentric worldview.

It also emerged from the activities that there is much untapped potential for personal and economic growth in women’s agricultural and revenue-generating activities at home. From the conversation with religious leaders it became evident that they would not oppose economic activities led by women, although there was a general preference that women should not work. Because women spend most of their time within the house, growing food in gardens was identified as a possible pathway for providing women with a stable and independent source of income, and also improving their children’s nutritional habits in the long run (which currently lack diversity).

Subsequently, in a third trip to the village, a workshop was held with women on the themes of nutrition and agriculture. The workshop again employed the ERDA methodology of collective dialogue. In the discussions, women recognised linkages between cultural influences and tradition and current nutritional practices and deficiencies, and raised the need for change. Some participants proposed forming an association for women that would pilot a collective project to grow more nutritionally rich foods at the established local genetic centre. In line with this project’s premises that change must be free-willed and start from within, it was left to the local population to decide how they will leverage on the ERDA activities and what changes they will proceed to make.13

Objectives, Aims, and Expectations

This project’s objective has been two-fold: first, to see more community members sensitised about differences and asymmetries in the lifestyles and livelihoods of men and women, and second to create an environment for men and women to come together, discuss their problems and needs, and become aware of new collective and individual pathways for action. The underlying aim was to pilot a new approach to development practice that is based on local gender knowledges, and does not attempt to impose change based on a priori conceptualisations of what ideal gender relations should be. The activities in the village also provided the context for my masters research titled “Gender through the Lens of Religion: An Ethnographic Study from Senegal” (University of Sussex, Institute of Development Studies), which should add to the field’s understanding of the intersection of faith-based worldviews and Western ideas of gender equality, as well as the implications of this intersection for sustainable development in African societies and elsewhere.14

“Power lies with the individual who has the freedom of choice. This choice, however, requires will, maturity and knowledge.” Young woman in Guédé Chantier


1I would like to thank sincerely the Tokyo Foundation in Japan for believing in the proposal I submitted, and for granting me the means to begin to realise it. I also want to thank Dr. Harwood Schaffer at the University of Tennessee for sharing his work with me and introducing me to the community of Guédé Chantier, and its first Mayor Dr. Ousmane Pame, for willingly accepting my proposal and facilitating my fieldwork and activities there. I also wholeheartedly thank the population of Guédé Chantier for accepting me and for showing patience and willingness to engage with this endeavour.

2‘Patriarchy’ etymologically results from the combination of two words, pater>patria and arkhein, which mean respectively ‘father>family/clan’ and ‘to begin/to rule/to command’ (Online Etymology Dictionary). Patriarchy here then is not defined as androcentrism, but as an organisational structure in which the male plays a central role. Whether a male-led institution becomes unequal will depend on how that subject uses the authority given to him.

3See for example E. Tomalin (ed.), 2015, The Routledge Handbook or Religions and Global Development. Routledge.

4See for example E. Esplen and A. Brody, 2007, Putting Gender Back in the Picture: Rethinking Women's Economic Empowerment, http://www.bridge.ids.ac.uk/sites/bridge.ids.ac.uk/files/reports/BB19_Economic_Empowerment.pdf

5It is little surprise that many scholars in developing countries continue to call for alternative epistemological approaches to gender theorisation. See for example O. Oyěwùmí, (ed.), 2011, Gender Epistemologies in Arica: Gendering Traditions, Spaces, Social Institutions, and Identities, Palgrave McMillan. The same position is echoed in anthropological arguments that have long called for practice designed on the basis of local knowledge. See for example L. T. Smith, 1999, Decolonizing Methodologies Research and Indigenous People, London: Zed Books Ltd.

6See for example C. Moser, 1993, Gender Planning and Development: Theory, Practice and Training, Routledge: London and New York.

7I was awarded the Thomas J. Watson fellowship by the eponymous foundation in New York after being nominated by Bates College in 2012. The project was of my own conceptualisation and design, and was implemented during the period of one year.

8This tool was developed by research partners at the University of Tennessee. It is known by the acronym ERDA (Evaluate, Research, Develop and Assess), and according to my partner, Dr. Harwood Schaffer, was adapted from a well-known tool in Business Studies called Cycle of Innovation. It was designed to set in motion an ongoing cycle of community insight-sharing and re-assessment, securing community ownership of decision-making, to encourage cooperative problem-solving. It was developed on the idea that when practitioners depart, the community must be able to continue to resolve its problems independently.

9Dr. Pame as introduced to me through my research partner at the University of Tennessee, who was at the time working closely with Dr. Pame to address agriculture-related issues in the community. Since Guédé Chantier was upgraded to the status of a commune (2008-2009), Dr. Pame has been committed to mobilising its local population toward more sustainable growth pathways. The community was reportedly the first to be registered as an eco-village.

10Sufism is the mystical version of Islam, and is defined by the followers’ search for inner spirituality and approximation of God. The Tidjanis share three foundational principles, which are: 1. Praying to be forgiven for your sins (‘Astafiroullah’), 2. Recognising no one as divine but God (‘La Illa Ha Illalah’), 3. Praying to the Prophet Mohammad (‘Salatou Allale Nabby’). (Principal Imam Abdoulaye Ly, personal interview, 1 April 2015, consent granted).

11Participation at this point was self-selected, however an attempt was made to communicate directly with women and men in the community so as to ensure that everyone was informed before the day of the workshop.

12Participants proposed various suggestions, but due to the fact that we ran out of time, no action plan was created. The different pathways were discussed in follow-up conversations.

13My conviction is that development must respect free choice. This echoes the work of Amartya Sen (Nobel Prize in Economics 1998). My approach takes Sen’s theory seriously and recognises that people value different things and that development must be formulated based on such values. See A. Sen, 1999, Development as Freedom, Oxford University Press.

14This has become my MA dissertation at the Institute of Development Studies (IDS), University of Sussex, under the title “Gender through the Lens of Religion: An Ethnographic Study from a Muslim Community in Senegal”.

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Oil and the City: Hope, Expectation, and Development in Ghana

September 1, 2015
By 19667

How does “oil money” shape a city? ThienVinh Nguyen, a Sylff fellowship recipient at Columbia University now enrolled in a doctoral program at University College London, used an SRA grant to observe how profits from oil are spent for the “development” of a port city in Ghana. During her eight-month-long research in the city, she saw oil companies spend enormous amounts on infrastructure development. Her report raises the question of who are the real beneficiaries of such spending.

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Even without oil, we are doing so well . . . with oil as a shot in the arm, we're going to fly. . . . Oil is money, and we need money to do the schools, the roads, and the hospitals. If you find oil, you manage it well, can you complain about that?

—–Ghanaian President John Kufuor, June 2007

Introduction

Many of Ghana’s offshore oil fields are located in the Western Region, whose capital is Sekondi-Takoradi. Image courtesy of Hufstader/Oxfam America, 2008

Many of Ghana’s offshore oil fields are located in the Western Region, whose capital is Sekondi-Takoradi. Image courtesy of Hufstader/Oxfam America, 2008

After a century of minor oil discoveries, in 2007 President John Kufuor announced that Ghana had discovered commercial quantities of oil in the Jubilee Fields off the coast of Sekondi-Takoradi. The International Monetary Fund estimates that oil and gas revenues from the Jubilee Fields alone could earn the Ghanaian government a cumulative $20 billion between 2012 and 2030, a figure that certainly makes an impact in Ghana’s national budget (Gary, Manteaw, and Armstrong 2009).

The question on everyone’s mind was: Will this be a blessing or a curse? Indeed, oil has been regarded by some as a dark, evil, corrupting resource. My research moves beyond this stereotype to explore the nuances of how the emergence of an oil industry transforms a city. Sekondi-Takoradi continues to change, as do cities all over the world, but the oil boom and the narratives around it enable new, ambitious, and fantastical development-driven visions for the city.

At the same time, we see an increase in citizens advocating for basic amenities and provisions—water, sanitation, electricity, and education—which the city has been slow to deliver in spite of the scale of oil-driven developments. Three major development projects are being promoted: the construction of a luxury shopping mall, the renovation of urban roads, and the expansion of Takoradi Port.

Case Studies

There is a small mention of the need for a mall in the current draft of the city’s development plan, and a South African developer has proposed the construction of a mall valued at between $65 million and $90 million (Ampratwum-Mensah 2015). Even though the local government and some residents support the project—seeing it as a sign of “modern progress”—others believe that there should also be a focus on ensuring that local citizens have access to basic services and provisions. Even with its supporters, however, the mall project has faced serious challenges. For one thing, the developers had to seek the support of the mayor, local government officials, and the police force to relocate the auto mechanics who had been “illegally” operating on the land. Some argue that these mechanics created a thriving local economy, while the developer and others say the mall will create new jobs and new public spaces.

Another development focus has been on roads. Roads are particularly helpful in getting political parties elected. With money from the oil boom, Sekondi-Takoradi has been improving its roads, especially those frequented by oil and gas companies and foreigners. The Jubilee Partners—the consortium of oil companies operating on the Jubilee Fields—also paid for the renovation of a roundabout they use frequently. A number of civil society organizations that I interviewed mentioned that while the paving of roads is welcome, the city is prioritizing development based on aesthetics that serves particular privileged groups, rather than meeting such community needs as water, sanitation, and electricity.

Sekondi-Takoradi, like many other cities, is going through change, where the new and old converge and where different visions of development affect everyday life and the urban form of the city. (Photo by ThienVinh Nguyen, 2015)

Sekondi-Takoradi, like many other cities, is going through change, where the new and old converge and where different visions of development affect everyday life and the urban form of the city. (Photo by ThienVinh Nguyen, 2015)

Sekondi-Takoradi has historically been and continues to be an important port, shaped by the shipments of resource minerals through the city. Currently, Ghana is investing heavily into the Takoradi Port Expansion Project, with the first and second phases of the project budgeted at well over US$300 million. Financing comes in the form of loans: €197 million from KBC Bank N.V. and about US$176 million from the China Development Bank (“Takoradi Port Expansion: Breakwater Nears Completion” 2014). A core feature of this expansion project is catering to the needs of oil and gas companies, including the creation of an oil storage area. This impressive expansion project will continue to shape the city, with new mineral wealth flowing in and out of the city.

Amidst heightened economic activity and growing possibilities, President Kufuor and other politicians—including US Presidents George W. Bush and Barack Obama, who have both made visits to Ghana—promote the idea of hope and economic prosperity in the light of the oil discoveries, juxtaposing the promise in Ghana with narratives about weak states and the resource curse in Africa. These expectations are embedded in a context where Ghana is seen as a potential exemplar African state, capable of moving beyond the “tragedy” of resource mismanagement by continuing on its path as an international-investor-friendly, democratic nation. Citizens recognize that oil is a valuable commodity (despite declining oil prices) and that perhaps it has the potential to transform the income trajectory of all Ghanaians.

Over eight months in Ghana, I conducted interviews with civil society organizations, traditional authorities, Ghanaian government officials at various levels, local businesses, and transnational companies, including oil-related companies from Britain, the United States, France, and South Africa, among others. Although China provided the Ghanaian government with a $3 billion loan to build natural gas infrastructure (see: Mohan 2010), I learned through my interviews that most of the money was spent outside of the city: in building a major ECOWAS (Economic Community of West African States) highway and constructing the infrastructure for a natural gas pipeline farther west on the coast. There were also proposed Chinese-coordinated projects in the city, though, in the form of road works and improving the railway system.

In addition to interviews with these stakeholders, I also analyzed various strategic plans for the city over time, including plans financed by oil companies, 20 years’ worth of development plans drafted by the local government, and plans developed by local nongovernmental organizations. Given all these emergent developments, which affect the structure and social landscape of the city, there has been an increased focus on the creation of spatial development plans for the city.

I argue that the process of formulating these plans opens up new opportunities for public engagement and forms of governance. The local government plans have certainly become more ambitious and in-depth, requiring much bigger budgets, following the discovery of oil. Indeed, the major oil company in the city has a field representative in the district assembly who attends the planning meetings. These plans—more so than in the past—serve as strategic tools for garnering donor support and private investment. Indeed, even those cynical of whether these plans will ever be implemented realize that the plans have mobilized a broad range of voices in shaping the future of the city. While implementation may be slow, they do affect the direction and structure of the city.

With a population of 560,000 in a country of 24 million, Sekondi-Takoradi consists of the twin cities of Sekondi and Takoradi and is the capital of the Western Region (Wilde, Adams, and English 2013). This region is known for its rich resources—timber, bauxite, gold, and diamonds, and now, offshore oil and gas. Sekondi-Takoradi lies on the transport route to Kumasi and Accra—thriving cities that are the capitals in their respective regions, with Accra serving also as the capital of the country.

In this vein, this city, as is the case for all cities, is a site of territorialized economic development, given its dependency on natural resources and its role as a major port for Ghana. It has been integrated into the global supply chain, where international capital flows in and out of the city. Now, the Ghana central government insists that oil production will bring the city and country unprecedented wealth. Narratives about the potential for growth highlight how the city will be “one of the modern cities of the world,” with “skyscrapers, six-lane highways and malls” (Walker 2011).

The central market area of Takoradi, where old, colonial-style buildings (on the left) are juxtaposed with the new Ecobank building on the right. (Photo by ThienVinh Nguyen, 2015)

The central market area of Takoradi, where old, colonial-style buildings (on the left) are juxtaposed with the new Ecobank building on the right. (Photo by ThienVinh Nguyen, 2015)

I asked all of my interviewees how the city has changed. Some commented on how there has not been enough change and that money has not “trickled down”—meaning that they would welcome further social and infrastructural development and that the city is still very much lacking. There remain “slum areas,” with many residents lacking access to water, sanitation, and electricity. With regard to electricity, despite having offshore oil and gas, Ghana is undergoing an energy crisis, where the load shedding schedule is 24-hours off/24-hours on.

The city’s central Market Circle consists of an organized, though seemingly chaotic, indoor and outdoor market areas, where one can find practically anything: from live animals and produce to cheap imported goods. This area, though, lacks proper plumbing and trash collection—despite the fact that vendors here pay fees to the city for being there.

Others contend that the city has indeed changed, for better and for worse. With more foreigners in the city, rents and food prices have gone up, and there is increased road congestion. There are large, newly built villas, hotels, and bank buildings in the city. While a public school teacher or taxi driver makes less than US$300 a month, monthly rents for a three-bedroom house in the wealthier neighborhoods range from $2,000 to $5,000.

Given the myriad development issues facing Sekondi-Takoradi, the question is not if change will take place but how, at what rate, and who will benefit from this oil boom.

References:

Ampratwum-Mensah, Akwasi. 2015. “EPA Holds Public Hearing on Proposed Takoradi Mall.” Accessed May 30. http://graphic.com.gh/news/general-news/43877-epa-holds-public-hearing-on-proposed-takoradi-mall.html.

Gary, Ian, Steve Manteaw, and Clive Armstrong. 2009. “Ghana’s Big Test: Oil’s Challenge to Democratic Development.” Oxfam America. Ghana Statistical Service. 2014. “Gross Domestic Product 2014.”

Ghana Statistical Service. www.statsghana.gov.gh/docfiles/GDP/GDP_2014.pdf.

Hufstader, Chris. 2008. “The Coming Oil Boom in Ghana.” Oxfam America. October 1. http://www.oxfamamerica.org/explore/stories//the-coming-oil-boom-in-ghana/.

Mohan, Giles. 2010. China in Ghana: Easing the Shift from Aid Dependency to Oil Economy?(ARI). Real Instituto Elcano. http://biblioteca.ribei.org/1965/1/ARI-149-2010-I.pdf.

“Takoradi Port Expansion: Breakwater Nears Completion.” 2014. May 16. http://www.ghanaweb.com/GhanaHomePage/business/artikel.php?ID=309576.

Walker, Rob. 2011. “Oil Boom Changes Face of Ghana City.” BBC, March 8, sec. Africa. http://www.bbc.co.uk/news/world-africa-12646359.

Wilde, Alberto, Ishmael Adams, and Brian English. 2013. “Fueling the Future of an Oil City: A Tale of Sekondi-Takoradi in Ghana.” Global Communities. http://www.globalcommunities.org/publications/2013-ghana-fueling-the-future-of-an-oil-city.pdf.

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The Urban Art of Hip Hop among Young Immigrants in Palermo, Italy

July 3, 2015
By 19640

The Migration Observatory of the Institute of Political Education “Pedro Arrupe” is a website that publishes the results of scientific research on migration to the island of Sicily, where the institute is located. Martina Riina, who received a Sylff fellowship in 2014, chose to focus her research for the Observatory on the culture of second-generation migrants by focusing on the ways in which they express themselves through the medium of hip hop.

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Between April 2014 and February 2015 I conducted social anthropological research in Palermo on a form of musical and narrative expression known as hip hop. My research focused on the ways in which young immigrants living in the city express themselves through hip hop culture and on the importance of this form of social and artistic communication in enabling them to find an identity in their new surroundings.

Urban Anthropological Approach

From a theoretical point of view, I tried to analyze the hip hop narrative as expressed mainly in the rap musical genre through sociological and urban anthropological perspectives, focused on the creative expressions of ethnic minorities in big cities, their message, and elements of cultural resistance.

I followed the analytical approach of French sociologist George Lapassade, one of the first scholars to address hip hop culture in his work on immigrants living in the suburbs of Paris. Lapassade compiled his reflections in what soon became the manifesto of youth hip hop culture—Le Rap, ou la Fureur de Dire (Rap, or the Fury of the Word)—a deep investigation into the symbols, practices, beliefs, and lifestyles revolving around this expressive language.

I learned through Lapassade’s analysis about hip hop’s origins in the Afro-American ghettos of New York in the late 1970s. The youth in these communities asserted their freedom of speech through real street expressions of song, music, dance, and mural art, weaving messages of civil rights with a desire to be recognized and to participate actively in the social life of the city’s most deprived neighborhoods, even among those belonging to different ethnic minorities who populated those neighborhoods.

Starting from the history of hip hop, I studied the ways in which young immigrants in Palermo today proclaim their freedom of speech and the right to express themselves, comparing these with the behavior of their native counterparts. I tried to answer two fundamental questions: How do younger immigrants express themselves through the medium of hip hop and how does this “language” help create opportunities for different groups to meet each other and to influence one another through a process of “cultural contamination”?

Presenting Distinctive Narratives

What emerged from my research was that the language of hip hop and, in particular, rap—its main outlet of expression—are significant channels of expression for undertaking a comparison of groups of young people; the fact that many of them, both immigrants and natives, “speak” the same language allows them to talk about themselves, discuss and express their values, and register dissent in ways that are comprehensible to all parties.

In the fieldwork phase of my research, I closely analyzed how this language comes to life—the way it becomes the preferred channel both of communication with others and of self-expression in relaxed, everyday settings, away from family or school.

One of the most interesting aspects of the hip hop language is its manifestation in the form of “verbal challenge” or “poetic duel,” a dimension of rap’s expressive world containing some extremely revealing elements regarding how contemporary youths confront one another and present their distinctive narratives.

The first thing to take note of is that rap is a modern and purely urban form of oral poetry. Given its Afro-American origins, it is characterized by improvisation and interaction with the audience as the “poet” tells their story.

The story may challenge the audience to question their attitudes toward specific issues with which they are involved, encouraging them to listen and respond to statements that affect them as a community.

What young rappers are engaging in are verbal street fights involving blows of rhymes and assonances. The aim of these “duels” is to express their feelings about their rivals and also their frustrations and disappointments in an artistic manner—a process that might help reduce the number of actual, physical brawls. For young immigrants living in Palermo, the improvised dueling of words, known in the hip hop jargon as “freestyle,” is a way of narrating their own stories directly to their peers in a recognizable style, giving them an element of commonality in spite of their uniqueness.

The linguistic specificities, for example, emphasize the different cultural backgrounds and gestures used in the performances. They also have much in common in the ways topics are addressed, the messages contained in both the improvised and structured lyrics of the songs, the problems faced by today’s youth, the performers’ ambitions and desires, how they spend their leisure time, and tastes in fashion, films, and music.

These topics allow immigrants and natives to know each other better, to learn about their differences, and to reduce stereotypes and prejudices.

Educational Potential

During personal observations of these young people’s modes of self-expression, I realized how important it is to formulate project ideas or social initiatives that allow them to be leaders of their own growth and to affirm their communication and artistic practices. Producing rap lyrics, for example, encourages young immigrants to learn the language of the receiving society and, at the same time, gives them a new channel to communicate their experiences. In an increasingly global and interconnected world this is essential in order to gain a better understanding and awareness of multiculturalism.

Stimulating communication and transmitting shared messages are the engines of rap, and it is for this reason that it has the potential to promote creativity and innovative discoveries in educational and training settings, where aggregation and interpersonal relationships are the fundamental conditions of growth.

In conclusion I would like to point out the importance of hip hop today for young people, both immigrants and natives, as an extremely interesting world of artistic expression. The techniques used to create and perform their works require great skill, effort, research, and continuous recombinations of sound and verbal elements. The ready access to multimedia tools helps young people to learn the use of various technologies by themselves. A rap text is often composed of sentences, refrains, and musical elements of songs written by other artists that are mixed together to create new messages with personal, poetic elaborations. This also allows them to “collaborate” with artists far away in time and space—evoking memories of earlier artistic works and building on them through the reappropriation and reinterpretation of their lyrics.

Creative practices like hip hop in contemporary society are, in my opinion, much more than simple artistic genres: they represent people’s inner voice. It is their personal way of saying who they are and where they come from, as well as their conscious attempt to spread a message about their view of the world.

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Between 2:00 and 4:00 pm: How a Full-Time Mother Organized a Food-Bank Symposium

March 18, 2015
By 19658

Sherilyn Siy Tan, a Sylff fellow who completed her master’s at Ateneo de Manila University in 2007, used an SLI award to organize a highly successful community conference to promote food donations and improve food security for those in need in the Philippines. Called “Our Community, Our Resources: Increasing Food Security,” the first food bank symposium in the country featured prominent speakers from civil society, industry, and government and examined such issues as food loss, logistical considerations in recovering and redistributing food, and increasing transparency and accountability. In this report, she recounts how she managed to overcome the challenges of organizing this major event while also working as a full-time mother of two young children.

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Sherilyn, second from left, with her two children.

Sherilyn, second from left, with her two children.

Every so often, we read about the successful projects and achievements of Sylff fellows, and sometimes, instead of feeling inspired, we feel discouraged. We say, “That’s great, but that’s them, not me,” or “I wonder how they did that?” In this article, I share the “how to” of putting a symposium together while working in two different countries and coping with the unique set of challenges I faced as a full-time mother of two (aged 2 and 4). The first Philippine food bank symposium, entitled “Our Community, Our Resources: Increasing Food Security,” was held on March 22, 2014, at Miriam College, Quezon City, Philippines. There were about 100 participants and a powerhouse line-up of speakers that included government, nonprofit, and industry leaders.

Being a full-time mother is probably one of the busiest jobs in the world. Renowned psychologists and marital experts Dr. John M. Gottman and Dr. Julie Schwartz Gottman drafted a comprehensive list of over 600 chores that parents with children have to perform. Yet at the same time, it has been said that “if you want something done, ask a busy person” (a quote attributed to both Benjamin Franklin and Lucille Ball). I often wondered whether this was true and wanted to challenge myself.

Having stepped out of the professional work world around five years ago, I felt that my skill set has downgraded to reading picture books in silly voices and washing off stains from bibs and diapers. I had a lot of apprehension as to whether I was even capable of leading this project. I am extremely grateful to the Tokyo Foundation for believing in me and in my leadership potential. Completing this Sylff Leadership Initiatives (SLI) project has truly been an empowering experience for me. Here are some of the key things that have helped me in the process.

Keeping in Mind Why the Project Is Important

The theme of this project is especially close to my heart. I am a foodie—I love to eat, appreciate good food, and enjoy cooking. Now that I am a mother, I love baking my kids’ favorite cookies and cakes. Food nourishes our bodies but also bears a lot of social and emotional significance, since many of our fondest memories center around family and friends gathering together at the table.

Now imagine families that do not have this because they cannot provide three square meals for their children every day. This is the situation in the Philippines, where more than a quarter (27.9%) fall below the poverty line (National Statistical Coordination Board 2013 from http://investvine.com/how-feudalism-will-undo-the-philippine-elections/), where 55% (12.1 million families) self-rated themselves as poor (Social Weather Station October 2014 statistics from http://www.mb.com.ph/survey-reveals-more-poor-families/), and where 18.1% (3.9 million families) reported being hungry at least once in the last three months, 2.6% of which reported being severely hungry (Social Weather Station January 2014 statistics from http://www.sws.org.ph/pr20140122.htm).

One would think that in such a social context, food banks would be widespread. However, it was not until 2012 that the first Philippine food bank was incorporated, and development has been slow. With this symposium, I hoped to raise awareness of the food resources that exist within the community and introduce a sustainable system (that is, food banking) that can match the surplus resources with unmet needs. The symposium would also introduce key stakeholders who can play a pivotal role in moving food banking forward and highlight some of the challenges the Philippines faces to promote food banking as a viable resource for the community.

I first got to know about food banking through Charles McJilton, who started the first and now the largest food bank in Japan, Second Harvest Japan. Food banking is essentially matching excess resources on one end with those who need it on the other end. It really is a very neat solution to address the issue of excess (often wasted) food and, at the same time, create a food safety net for vulnerable groups.

A participant makes a point during the symposium.

A participant makes a point during the symposium.

A food bank is a mediating organization with the capacity to receive food donations and distribute these to those who need it. The world's first food bank was St. Mary’s Food Bank Alliance in Arizona, which was started in 1967 by John Van Hengel. While helping out at a community dining room, Van Hengel learned that grocery stores often threw away food that was near expiration or had damaged packaging. He started collecting these for the feeding program with which he was involved but soon had too much. He then created a central location from which other agencies can collect food. Since then, food banking has spread. (http://en.wikipedia.org/wiki/Food_bank).

I am a big fan of the work that they do and believe that such efforts make a huge difference in people’s lives. As a case in point, I have a classmate in my Japanese language class, a full-time mother of two. Her husband is studying to be a caregiver, and he receives a small stipend on which the whole family depends. As we chatted, I got the impression that they were having a difficult time making ends meet. I got her address and arranged for a box of food from Second Harvest Japan to be sent to their home. Later, she wrote me:

Well, I am just writing to say that today we received a package with a lot of delicious food! Lately, I have just been receiving bills to pay, but today I received a present that makes me breathe again....

I was very moved by her note. This is exactly the mission of a food bank, to provide relief in meeting one of the most basic human needs. And this is exactly what we need in the Philippines. Whenever I felt discouraged in the tough work of putting the symposium together, I kept in mind why this project was important and how it would impact the lives of others.

Small Things Often, Consistently

When I said I am a full-time mother, I mean that the kids are with me 24 hours a day, 7 days a week. They do not go to any daycare or kindergarten. My neighbor learned about the symposium I was organizing and said to me, “There’s no way you can do that by yourself with the kids. You need to hire a nanny. They’re not very expensive.” I didn’t. My secret is simple: Small things often, consistently.

My kids nap between 2:00 and 4:00 in the afternoon, and that is when I do everything that requires quiet time: writing, emailing, calling, designing, drafting, etc. With only two hours every day to work, I had to start planning early and work months ahead of the event. As soon as I received the SLI award, I worked little by little, day by day. Thinking in small steps and breaking this big event into small manageable tasks helped me to focus and not be too overwhelmed. You will be surprised by how much one can accomplish by doing little things, because in the end, they all add up. We often get excited by the big things, but it is actually the small, seemingly insignificant things that add up and push things forward.

I have applied the same strategy to two other events. One is chairing the 2015 Women’s Conference in Izu, Japan. The closer I get to the conference weekend, the less stressed I feel. Again, because I have worked slowly and consistently on the details of the conference months and months before in slow increments, I feel like I have covered the groundwork and will not be scrambling towards the finish line. The second is the 2015 Tokyo Marathon. I cannot just cram the training in. I have to train over a long period of time, slowly and gradually adding more and more kilometers each time to build endurance and strength. The closer I get to race day, the more prepared I feel, and the less likely I will injure myself.

Be Flexible, Work within Limitations

In an ideal world, I would have put all my time and energy into my SLI project. The reality was that there were competing demands for my attention. This meant that I had to work around the eating, napping, and outdoor play schedules of my children and bring them with me to the meetings. It also required some creativity in planning which tasks I can do while the kids are awake, which tasks I should bring with me to the playground, and which tasks I should prioritize when they are asleep.

Photo exhibit.

Photo exhibit.

And then there are culture- and country-specific constraints. While the Philippines is my country, I have lived in Japan for a while and have grown used to a different rigor when it comes to efficiency, planning, and keeping time. Traffic in Manila is notoriously bad. A 20-minute car trip can turn into a 2-hour ride at rush hour. This can be extremely frustrating, but I had to constantly remind myself that I could only do so much in terms of planning ahead. People were generally understanding about delays caused by traffic. Another thing is that Filipinos tend not to RSVP until the last minute, and sometimes, not even then. Knowing this, I did not panic when the RSVP numbers were low two weeks before the symposium.

Finally in terms of time management of the symposium itself, I made sure to move things along as scheduled. The symposium started promptly at 10 am and was slated to end at 4 pm. I arranged for registration to start at 9 am and invited participants to come early to enjoy the free-flowing coffee as well as the photography exhibit. This lead time was important, as Filipinos tend to be lax about punctuality, and I had to make allowances for bad traffic. As the host of the symposium, I was courteous to each presenter but made sure they ended promptly, as I knew it would be disrespectful to the others if they lost time on account of someone going overtime.

In an ideal world, things would go exactly and perfectly as we planned, but in the real world, we need to be flexible and make the best out of a given situation.

Draw from and Build Social Capital

Dr. Ned Roberto speaks on the importance of reaching out to those in dire poverty.

Dr. Ned Roberto speaks on the importance of reaching out to those in dire poverty.

This project harnessed the social capital accumulated over time. Social capital refers to the value derived from the network of relationships that facilitates cooperation and effective functioning in society. Unlike other forms of capital, social capital takes time and effort to build, and the returns are not always tangible. But if you take time to invest in building good relationships (or create “human moments”), it becomes easier to draw from them later on.

As a board member of the first incorporated food bank in the Philippines, I have been networking with various key persons working in NGOs, logistics, food companies, faith-based organizations, and academia. My previous position at Miriam College and the good relationships formed there made it extremely easy to provide a suitable location for the event and coordinate the logistics (that is, lodging for out-of-town participants, catering for the event, registration and ushering support, parking facilities, etc.). It was also through a solid relationship with another Sylff fellow I have known for years that I was able to get one of the speakers, Dr. Ned Roberto—the most sought-after marketing expert and consultant in the Philippines.

The symposium generated social capital as well by strengthening ties across various sectors. Participants came away with new information, insights, and energy. There was increased shared knowledge of the current situation and heightened interest in food banking, with new partners ready to come on board.

I am, again, very grateful to the Tokyo Foundation and the SLI award for the opportunity to validate Colin Powell when he said, “Leadership is the art of accomplishing more than the science of management says is possible.”

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Why Do Some Organizations Perform Better Than Others?
Investigating the Importance of Context and Strategy Choices

February 26, 2015
By 19643

Mirjam Goudsmit1, a Sylff fellow at the UNSW Australia Business School, used her Sylff Research Abroad award to investigate how organizations are affected by “turbulence,” or radical, unpredictable changes in the business environment. For the empirical phase of her project, she went to Israel, which has a long history of instability, conducting research at the Hebrew University of Jerusalem and elsewhere. Her research aims to help organizations achieve their business objectives in various turbulent conditions. A summary of her research is presented below.

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The author at the Hebrew University of Jerusalem

The author at the Hebrew University of Jerusalem

At the core of strategic management research is the explanation of performance differences among business organizations. I look at this question from the perspective that organizations are increasingly confronted with turbulence in their competitive contexts. The term turbulence is considered here as radical, unpredictable change in the environment. The situation is unstable, unsettled, and in turmoil. Instead of calm waters, imagine a turbulent sea that is choppy, bumpy, and at times violently rough. Instabilities are irregular. Organizations have to navigate such waters, that is, such competitive situations.

Triggers of turbulence in a business context include technology developments, political issues and conflicts, unsettled regulations, and ubiquity of information.

Overall, these triggers change to different degrees; some changes are radical and transformative in nature—they disrupt the status quo in an environment and have the potential to alter expectations and what is considered valuable. Think of an unexpected and radically new product that profoundly alters the market. Existing products are afterwards considered dated and less valuable, the willingness to pay for those products decreases, and they are eventually perceived as largely useless and are displaced. A familiar case is the introduction of the iPhone with its significant impact on the nature of the mobile phone industry.

In today’s unsettled times, destabilizing forces operate with increased frequency and impact and present significant difficulties for organizations. One important challenge is to effectively make strategy choices—choices that entail courses of action necessary for carrying out long-term organizational objectives. This challenge follows from the increased difficulty of predicting the future and reduced guidance from experience, that is, what worked in the past may no longer work in the future. Strategy choices can help explain performance differences among organizations. Specifically, ineffective choices may result in decreased performance or even threaten and undermine the survival of organizations. Understanding more about effective strategy choices in turbulent contexts, I believe, is therefore important.

In my research, I am curious about strategy choices that organizations make and how different turbulent conditions might influence the effect of these strategies on organizational performance. The empirical project consists of two sequenced and interconnected phases. In Phase One the aim is to explore and understand more about the research topics through interviews, while the aim of Phase Two is to test and provide statistically valid insights through a questionnaire. The first phase is designed to carefully further develop the research and ideas as a foundation for large-scale investigation in the second phase.

My Research Abroad

In the spring of 2014 I went to Israel for the first empirical research phase. This context represents a long history of instability. My research activity during this time included fieldwork, interviews with organizational decision-makers, and discussions with experts. The visiting institution, the Hebrew University of Jerusalem, provided valuable support, such as office facilities and the opportunity to exchange ideas and discuss research with the faculty and graduate community. Findings from this research abroad provided insights into how decision-makers think about turbulence and strategy in the context of Israel. This exploration, based on the interviews I conducted with businesses, has led to several observations and preliminary insights that are being put to the test in the second empirical phase. I will hereafter touch on some interesting insights. First, the findings suggest that turbulence and its consequences are more complex than previously assumed. Between and within organizations, decision-makers were found to recognize changes in their environment to different extents and in different ways. For example, one manager emphasized the importance of commodity prices and the natural environment, while another emphasized the importance of competition. In another example, one manager considered the environment, or an aspect in that environment, as relatively stable and predictable, while another considered it as relatively unstable and unpredictable.

Turbulence is thus not as universal as previously understood, that is, similar across all organizations and for all decision-makers. How dissimilar perspectives matter for strategy choices and their effectiveness need further investigation. Moreover, organizations were found managing simultaneous, sometimes contradictory changes. An illustration of such environmental factors is limited but major regulatory changes occurring at the same time as many, small changes in relevant technology. Organizations therefore have to attend to this complexity and take action that is possibly more systemic—and thereby more multifaceted.

Second, the unique geographical location in which organizations operate is pertinent. There are context-specific aspects of the situation in Israel, such as the sizeable power of labor unions in some sectors that organizations have to negotiate. Also there is a heightened risk of disruptive geopolitical issues with the potential of escalation and extreme consequences, such as hostility and conflict. These possible issues are revealed on the radar of some organizations to varying degrees, but they are indeed exceptional circumstances—infrequent and unforeseeable. As such, these issues resemble forces majeure, which cannot reasonably be known in advance, controlled, and prepared for.

Some organizations are more exposed to this category of issues, such as when facilities are located in areas of contention. When situations arise, organizations can sometimes only react, such as by closing retail stores or moving portable assets, including employees, to another site, with little room for further maneuvering. Often short-term, quick responses emerge when situations occur that are in conflict with long-term (planned) strategies. How to manage the conflict is exposed as a challenge for organizations.

Furthermore, amidst disruption many organizations aim to continue their business as much as possible. Conservative financial planning and contingency planning were found to be prudent strategic approaches for some organizations to continue achieving outcomes in such a situation, such as by reducing risk and preparing for scenarios. An additional observation is that the local country and organization context more frequently extend across borders. The above geopolitical issues are examples of this observation. Another is that many industries and products were found to be fundamentally global in nature so that competition is essentially global.

Organizations were also impacted by rulings from other countries’ regulators, at distant locations. An example is the Foreign Account Tax Compliance Act that requires foreign financial institutions to report directly to the US government all clients who are “US persons.” This is a big change that is having a big impact on financial institutions worldwide. Crucially, my findings have uncovered the fact that global issues of turbulence can rapidly become local issues and, conversely, local issues can rapidly become global ones for organizations. Organizations therefore have to navigate this increasingly interconnected world that might call for different strategies.

Finally, the findings suggest numerous different strategy choices for organizations, like the several already mentioned above. Some strategies are specific to a particular industry or organization, while others are more general in nature. For example, several managers indicated that their organizations faced persistent constraints from their environment through unions, interest groups, or regulatory bodies. Organizations differed in their responses to these constraints, however. Some adopted a more reactive approach and largely responded to changes after they occurred. Others adopted a more proactive approach and largely anticipated changes before they occurred. Which type of strategy is more effective under what circumstances needs to be further understood.

In sum, in these increasingly turbulent times, I believe this research is meaningful and relevant for both academics and practitioners. As an important foundation and next step for further research, the findings provide more understanding of the important topics of strategy choices and turbulence. The overriding intent of this project is to support organizations achieve organizational objectives in different turbulent conditions. With this research I aspire to benefit organizations worldwide and, ultimately, contribute to the future prosperity of society at large.


1For supporting this research abroad, my tremendous gratitude goes to the Ryoichi Sasakawa Young Leaders Fellowship Fund, the host institution Hebrew University and its academic community, home institution UNSW Australia and primary academic advisor Dr.George Shinkle, all intermediaries, including the Israel-Australia Chamber of Commerce, and organizations and people who participated in this research for their generous time, efforts, and insights.

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Arbitration in Europe: Article 2 of the European Convention on International Commercial Arbitration

February 5, 2015
By 19692

Nērika Lizinska, a Sylff fellow at the University of Latvia, used her Sylff Research Abroad (SRA) award to research state participation in international commercial arbitration in 2014. She conducted her research at the Swiss Institute of Comparative Law. It was in Switzerland that the European Convention on International Commercial Arbitration—which plays a significant role on this issue—was signed. A summary of her research regarding Article 2 of the convention is presented below.

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Introduction

Everything starts with an idea. Parties then enter into a commercial contract with the hope of profiting from it in an optimistic frame of mind. At this stage, unfortunately, not all parties think that a dispute might someday arise and that a mechanism would be needed to resolve it. However, international trade and commercial transactions are specific and linked to particular legal systems (which laws are to be applied and which court will hear the case, etc.), that need to be agreed upon between the parties in any contract.

Businesses mainly choose arbitration (arbitration is the “settlement of a dispute by the decision of a person or persons chosen and accepted as judges”)1 as a mechanism for dispute resolution, instead of litigation (litigation is “a formal process whereby claims are taken through court and conducted in public. Judgements are binding on the parties subject to rights of appeal” 2 ) due to its neutrality (parties can choose the seat of arbitration), flexibility (“parties may control the manner of the proceedings having regard to the nature of the dispute and to their precise needs”), 3finality (there is no appeal), confidentiality, and speed of resolution. “Parties in cross-border disputes may be unfamiliar with the complicated procedure of litigation and the language of the national court. . . . [M]ost businesses want a quick and efficient remedy and are reluctant to wait for an extended period for their disputes to be resolved through national courts.”4

Nowadays, it is internationally accepted that a state, too, can conclude international commercial contracts with a private party (for example, to purchase goods) and can choose arbitration as a dispute resolution mechanism by adding an arbitration clause in a commercial contract. This means that in the case a dispute that cannot be otherwise resolved between the parties (for example, by negotiation or mediation, which “is essentially a negotiation facilitated by a neutral third party”)5, a claimant can seek arbitration6 . Although a state can act like a private party and has similar rights, there are plenty of issues and risks for contracting parties. The main risk is that when a state becomes a contractual party, dispute resolution can take a considerably different course from general procedures. This is why the inclusion of an arbitration clause for a commercial party in such agreements has become a precondition for concluding a commercial contract with the state. The state, too, has many considerations in this regard.

History and Application

At the international level, a document governing the capacity of states to conclude arbitration agreements is the European Convention on International Commercial Arbitration7 (hereinafter called the European Convention), signed on April 21, 1961, in Geneva at a meeting convened by United Nations Economic Commission for Europe. More than 30 countries are currently party to the European Convention, including Cuba, Burkina Faso, the Russian Federation, and Turkey,8 which became contracting parties in accordance with the provisions of Article 10 (1) and (2) of the European Convention.

Provisions regarding the application of the European Convention are stated in Article 1 (1), according to which “this Convention shall apply: (a) to arbitration agreements9 concluded for the purpose of settling disputes arising from international trade between physical or legal persons having, when concluding the agreement, their habitual place of residence or their seat in different Contracting States; (b) to arbitral procedures and awards based on agreements referred to in paragraph 1 (a) above.” This means that if arbitration agreements concluded for the purpose of settling disputes arising from international trade between physical or legal persons having, when concluding the agreement, their habitual place of residence or their seat in countries that are not contracting states—such as the United Kingdom, the Netherlands, and Switzerland—the European Convention will not apply.

Historically, “the intention of the European Convention was to introduce the first uniform set of rules concerning international arbitration in order to remove the obstacles created by widely differing national arbitration laws. With its scope focusing on Europe, the aim was to facilitate and promote European trade between the (back then) Eastern and Western block.”10 “When the European Convention was signed, . . . Europe was still dominated by the East-West conflict. The different political and economic systems made trade between parties coming from the two blocks very difficult. Each side had little confidence in the courts of the other side with the consequence arbitration was often the only option for dispute settlement acceptable to all parties. . . . The main purpose of the European Convention was to overcome these psychological barriers and the legal problems which were affecting arbitration in the East-West trade in Europe.” 11In addition, it should be noted that “in certain countries that were to become Contracting States of the European Convention, public corporate bodies were not allowed to enter into arbitration agreements. This led the draftsmen of the European Convention to include Article 2 (1).”12

Right of States to Resort to Arbitration

With regard to the historical circumstances, Article 2 (1) of the European Convention states as follows: “. . . legal persons considered by the law which is applicable to them as ‘legal persons of public law’ have the right to conclude valid arbitration agreements.” The term “legal persons of public law” is used here instead of “state” in order to cover a broader scope of state institutions, such as state agencies, public entities, and governmental institutions.

There have often been cases in which the state argues that in accordance with its domestic laws, it is not entitled (lack of capacity issue) to enter into an arbitration agreement, thus an agreement, even if legally concluded, does not have legal force. There have also been cases where a state party concludes an agreement but then relies on its national (internal) law to prove that a contract is null and void, as its national law prohibits resorting to arbitration. For example, Article 2060 of the Civil Code of France prohibits French state public bodies and institutions from concluding arbitration agreements.13 Article 487 of the Latvian Civil Procedure Law states, “any civil dispute may be referred for resolution to an arbitration court, with the exception of a dispute: . . . 2) in which a party, albeit even one, is a State or local government institution or the award of the arbitration court may affect the rights of State or local government institutions.”14 In Hungary, Act CXCVI of 2011 on National Assets, which came into force on January 1, 2012, states in Article 17 (3) that “in civil law agreements concerning national assets located on the territory of Hungary, the governing language may only be Hungarian, the governing law may only be Hungarian and the jurisdiction for the settlement of disputes may only be that of the Hungarian state courts.” 15At the same time, for example, Article 177 (2) of the Swiss Private International Act contains advanced regulation stating, “if a party to the arbitration agreement is a state, a stateheld enterprise or a state owned organization, it cannot rely on its own law in order to contest its capacity to be a party to an arbitration or the arbitrability of a dispute covered by the arbitration agreement.”16

Belgium also has special regulations.17 In fact, Belgium was involved in one of the first cases18 in which the court had to decide whether a state can invoke its domestic laws to avoid arbitral jurisdiction. “Benteler v. Belgium provides further authority for the proposition that a commercial arbitration between a [s]tate and a private party cannot be avoided simply by the [s]tate’s invoking a prohibition in its own law against arbitration by the [s]tate.”19 After this ad hoc decision, Belgium chose to use its rights provided in Article 2 (2) of the European Convention.

Declarations

Article 2 (2) of the European Convention stipulates, “On signing, ratifying or acceding to this Convention any State shall be entitled to declare that it limits the above faculty to such conditions as may be stated in its declaration.” “The content of Article II met strong opposition from Civil Law countries where public entities are, generally, prohibited from resorting to arbitration. To accommodate these States, which otherwise would have not ratified the Convention, a second paragraph providing for the possibility of a reservation was added to Art. II.”20

One may say that to some extent the European Convention has reached the objective set out in its Preamble,21 because at the present time only Belgium has such a declaration, as provided for in Article 2 (2). After the Benteler v. Belgium case, Belgium stated that “in accordance with article II, paragraph 2, of the [European] Convention, the Belgian Government declares that in Belgium only the State has . . . the faculty to conclude arbitration agreements” 22to avoid similar cases in the future.

When Latvia ratified the European Convention, it also made a declaration in accordance with Article 2 (2). It stated that Latvian state and local government authorities have no right to conclude arbitration agreements. At a time when there were discussions and debates about the withdrawal of the declaration, one of the draft laws stipulated that “local government authorities before concluding the arbitration agreement shall transmit a draft to the Ministry of Environmental Protection and Regional Development to obtain opinion from the State Chancellery that the arbitration agreement is in conformity with the state interest.”23 Accordingly, if such a law were to be adopted, the State Chancellery would need to assess whether the arbitration clause included in international commercial contracts (between a local authority and a private party) is consistent with the public interest. The questions this gave rise to were, what is the state interest (common good), how to determine it, and is it possible only from the content of the arbitration agreement to determine whether the state interest will be protected?

On December 23, 2013, Latvia notified the Secretary General of the United Nations of its full withdrawal of the declaration under Article II (2), made upon accession in 2003. Accordingly, these fundamental changes can be considered a new page for Latvian state and local government authorities and practitioners to record their experiences in the history of international commercial arbitration and for scientific researchers to document new ideas and findings in the field of arbitration.


1A.S. Hornby & Ruse, Oxford ESL Dictionary, Oxford University Press, 1997, p. 30.
2Peter Fenn, Commercial Conflict Management and Dispute Resolution, Spon Press, 2012, p. 12.
3Ibid, p. 89.
4Sameer Sattar, “National Courts and International Arbitration: A Double-edged Sword?” Journal of International Arbitration, 27 (1), Kluwer Law International, 2010, pp. 51-52.
5What is mediation? Detailed information available at http://adr.findlaw.com/mediation/what-is-mediation-.html.
6State participation in international arbitration can be analyzed from various aspects, for example, whether arbitration as a dispute resolution mechanism is suitable for state contracts in general, is it possible to properly protect state interests in arbitration, and whether an arbitration clause in a state contract automatically implies a waiver of state immunity from jurisdiction and enforcement, etc.
7European Convention on International Commercial Arbitration, available at https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXII-2&chapter=22&lang=en.
8Full list of contracting states available at https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXII-2&chapter=22&lang=en.
9Article 1 (2) of the European Convention gives the following definitions: (a) the term “arbitration agreement” shall mean either an arbitral clause in a contract or an arbitration agreement being signed by the parties, or contained in an exchange of letters, telegrams, or in a communication by teleprinter and, in relations between States whose laws do not require that an arbitration agreement be made in writing, any arbitration agreement concluded in the form authorized by these laws; (b) as the term “arbitration” shall mean not only settlement by arbitrators appointed for each case (ad hoc arbitration) but also by permanent arbitral institutions; (c) the term “seat” shall mean the place of the situation of the establishment that has made the arbitration agreement.
10Alice Fremuth-Wolf, “Issues Specific to Arbitration in Europe: The European Convention on International Arbitration as a Tool to Remedy Pathological Arbitration Agreements—There’s Still Life in the Old Dog Yet!” in Chapter 1 of C. Klausegger, P. Klein, et.al. (eds.), Austrian Yearbook on International Arbitration 2013, pp. 60–61.
11Stefan Michael Kroll, “Issues Specific to Arbitration in Europe: The European Convention on International Commercial Arbitration—The Tale of a Sleeping Beauty,” in Chapter 1 of C. Klausegger, P.Klein, et al. (eds.), Austrian Yearbook on International Arbitration 2013, p. 3.
12Nikolaus Pitkowitz, “Issues Specific to Arbitration in Europe: Is There Still a Scope of Application of the European Convention on International Commercial Arbitration?” In Chapter 1 of C. Klausegger, P. Klein, et.al. (eds.), Austrian Yearbook on International Arbitration 2013, p. 106.
13Article 2060 of the Civil Code of France, Title XVI of Arbitration Agreements, states, “One may not enter into arbitration agreements in matters of status and capacity of the persons, in those relating to divorce and judicial separation or on controversies concerning public bodies and institutions and more generally in all matters in which public policy is concerned, (Act no 75-596 of 9 July 1975), however, categories of public institutions of an industrial or commercial character may be authorized by decree to enter into arbitration agreements,” available at http://www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translations.
14Latvian Civil Procedure Law, Civilprocesa likums. 14th edition. Rīga: TNA, 2010.
15Gabor Bardos, “The Award and the Courts, Hungary: New Rules on Arbitration Related to National Assets” in Chapter 4 of C.Klausegger, P.Klein, et al. (eds), Austrian Yearbook on International Arbitration 2013, p. 181.
16Swiss Private International Law Act available at https://www.swissarbitration.org/sa/en/rules.php.
17See Article 1676.2 of Belgium Code Judiciaire, May 19, 1998, available at http://www.jus.uio.no/lm/belgium.code.judicature.1998/1676.2.html.
18Ad Hoc Award of November 18, 1983, Benteler v. Belgian State, Journal of International Arbitration, 1984, pp.184–90.
19Jan Paulsson, “May a State Invoke Its Internal Law to Repudiate Consent to International Commercial Arbitration? Reflections On the Benteler v. Belgium Preliminary Award,” Arbitration International, Vol. 2, No. 2 (1986), p. 95.
20Albert Jan Van Den Berg (general ed.), Yearbook Commercial Arbitration, Volume XX, 1995, Kluwer, p. 1017.
21The Preamble of the European Convention states as follows: “. . . desirous of promoting the development of European trade by, as far as possible, removing certain difficulties that may impede the organization and operation of international commercial arbitration in relations between physical or legal persons of different European countries, have agreed on the following provisions.”
22Declarations and reservations are available at https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXII-2&chapter=22&lang=en
23Draft law available in Latvian, “Grozījums likumā ‘Par Eiropas konvenciju par Starptautisko komercšķīrējtiesu,’” available at http://titania.saeima.lv/LIVS11/saeimalivs11.nsf/0/ED4CEB6E5CF3B1A5C22579A00044FB8C?.

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How the Leopard Got Its Spots: Gender Dimensions of Land Reform in Cambodia

October 10, 2014
By 19590

Large-scale land acquisitions by agribusinesses have negative social and environmental side effects, and many governments are exploring ways to balance commercial interests with those of individual residents. Alice Beban, a Sylff fellowship recipient at Massey University, conducted research in Cambodia, where the national government is advancing bold land reforms to attract agribusiness investments, using an SRA grant. In this article, she examines the socioeconomic implications of the land reforms for the country’s smallholder farmers.

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Forest Patrol Walking: A group of 16 rural villagers and representatives from the Forestry Administration patrol an area that was designated as a community forest in the land reform to check for illegal land clearing.

Forest Patrol Walking:
A group of 16 rural villagers and representatives from the Forestry Administration patrol an area that was designated as a community forest in the land reform to check for illegal land clearing.

Land and food production has returned to the center of global development concerns in recent years, spurred by a dramatic rise in large-scale farmland investment for agribusiness and speculation (White et al., 2012). The Southeast Asian nation of Cambodia is a key site for farmland investment, with around 50% of the country’s arable land reportedly awarded as “economic land concessions” (ELC) to agribusiness companies in recent years (Bickell & Lohr, 2011; Borras & Franco, 2011).

Now, with mounting concern over food security, public unrest, and the documented negative social and environmental consequences of large-scale land acquisitions (also known as “land grabbing” by some academics and activists), many governments are asking what can be done to balance a desire for agribusiness investment with environmental and social concerns.1

One response is smallholder land reform. This was the approach taken by Cambodia in 2012, when the Cambodian government announced a bold new initiative to expand post-conflict land registration to households living on the ELCs. Thousands of student volunteers from Cambodia’s capital began knocking on doors in remote areas of the country to survey land for redistribution to smallholders. This policy—dubbed the “leopard skin policy” by Prime Minister Hun Sen—envisages large scale agribusinesses and smallholders coexisting like animal spots on the landscape, with the plantations gaining a labor force and smallholders gaining secure title to the land on which they live (Naren & Woods, 2012).

Mountain spirit meeting:  Rural people who had lost land to an agribusiness company meet to ask spirits to help them recover their land.

Mountain spirit meeting:
Rural people who had lost land to an agribusiness company meet to ask spirits to help them recover their land.

I was in Cambodia when this land reform was carried out, and I was fascinated with the scope and speed of the initiative and the potential it holds for shifting the trajectory of “land grabbing” across the country and offering lessons to many other countries struggling to develop a socially just agrarian policy.

It also challenges gender norms by promoting joint husband/wife land titling. My PhD research examines this land reform and the roles it plays in contemporary Cambodian politics, society, and ecology. I had the opportunity to explore this issue with my SRA award, with mentoring and support from my Cambodian SRA host, Professor Pou Sovachana of Pannyasastra University, who is now research director at the Cambodian Institute for Cooperation and Peace (CICP).

I was a senior research fellow at CICP for six months during my SRA award. While at CICP, I was able to attend many conferences and seminars, meet researchers from around Cambodia and the world with similar interests to my own, and also give a lecture to Cambodian students and assist in CICP’s research projects.

Alice interviewing family: I am talking with a family and looking at the land title certificate they just received.

Alice interviewing family:
I am talking with a family and looking at the land title certificate they just received.

Most of my SRA award tenure was spent at a research site within Cambodia’s largest agribusiness concession, one of the first sites where the new land reform was implemented. I interviewed 18 government officials at both the central government and local government levels and conducted over 60 semi-structured interviews to gain a variety of perspectives from people in communities where land titles were given out, as well as the views of the student volunteers and organizations working on land rights. I also attended land title award ceremonies, agricultural training sessions, and forest patrols in communities that had received titles under the land reform.

I investigated the politics of the land titling reform’s implementation and the implications of the reform for people’s perceptions of security, agricultural production, and relationships within the household. My initial findings suggest that the benefits women and men in farming communities received from the land reform policy were highly dependent upon local authorities’ implementation.

Given Cambodia’s “neo-patrimonial” political system, where political power works through networks connecting elite politicians and businesspeople with their supporters at all levels of government (Un & So, 2009), it is perhaps not a surprise that, in some cases, local authorities and powerful players were able to use the land reform to their advantage (for example, by titling common forest areas and selling land to outsiders for personal financial gain). This meant that poorer families, including female-headed households, often benefitted less than wealthier families, as they did not have the political connections necessary to take advantage of the reform.

Receiving land titles: Officials from the Ministry of Land hand out land titles to rural villagers at the local village temple.

Receiving land titles:
Officials from the Ministry of Land hand out land titles to rural villagers at the local village temple.

My SRA grant enabled me to spend time in areas where this kind of elite capture was widespread and also areas where it was far less apparent. I found that even in areas with similar conditions, differences in the land reform process were apparent, in part due to the presence of supportive individuals in positions of authority and to strong community networks that were able to inform community members about correct process in the land reform and hold authorities more accountable.

My research also shows that assumptions of a simple causal relationship between a policy promoting joint title and women’s land rights overlooks deeper, gendered power relations. During the policy implementation process, I found that local officials’ understanding of gender roles had a large part to play in how joint land titles were awarded.

For example, there was confusion among officials and community members as to how people’s land should be titled when one partner was not present. This meant that some women I interviewed who had been abandoned by spouses were awarded joint title to their land with the spouse who had abandoned them. Flexibility in the law for local authorities to resolve specific cases can be a strength, as it recognizes that policies produced in the capital can never account fully for on-the-ground realities. But it can also mean that people with power and resources can use this flexibility for their own gain and that enduring gender constructs that view women as less capable of controlling household assets can guide the decisions of local authorities.

I expected that the award of property rights might reduce insecurity and enable farmers to increase production efficiency, but many people in my study with legal tenure security did not necessarily perceive their land to be secure. While land title recipients were usually happy to receive title and some people certainly felt more secure, a common theme that arose in interviews was people’s ongoing fear that their land would be taken even after receiving land title. The main reasons given for this was that the court system is expensive and incomprehensible to many rural people, and it is difficult for people to accept that the new paper titles will carry much weight in a system that for years has been dominated by money and power.

I am now continuing to investigate this aspect of the land reform in my ongoing PhD research, through examining the cultural bases of men’s and women’s sense of security, including the various type of evidence people use to support their claims to land and the ways people settle disputes locally.

The SRA experience was extremely enriching for me as I continue with my PhD. It not only provided me the resources to undertake an extended period of research but also connected me with a whole new network of wonderful Cambodian and international scholars whom I am continuing to work with on several collaborative research projects.

References

Bickel, M., & D. Lohr. (2011). “Pro-Poor Land Distribution in Cambodia.” Rural 21, 3, 33-35.
Borras, S., & J. Franco. (2011). Political Dynamics of Land Grabbing in Southeast Asia. Amsterdam: Transnational Institute.
Naren, K., & B. Woods. (2012, ). “Hun Sen Says Land Program Proving a Success.” Cambodia Daily, August 9, 2012.
White, B., J. Borras, R. Hall, I. Scoones, & W. Wolford. (2012). “The New Enclosures: Critical Perspectives on Corporate Land Deals.” Journal of Peasant Studies, 39(3-4).
Un, K., & S. So. (2009). “Politics of Natural Resource Use in Cambodia.” Asian Affairs: An American Review, 36(3), 123-138.


1See for example the United Nations Food and Agriculture Organization (FAO), “Voluntary Guidelines on the Responsible Governance of Tenure” and the country debate around this (http://www.fao.org/nr/tenure/voluntary-guidelines/en/).