Showing posts with label Legal Issues. Show all posts
Showing posts with label Legal Issues. Show all posts

Thursday, December 27, 2018

Do the current statutory media control and diversity rules in the Broadcasting Services Act 1992 (Cth) (“BSA”) serve the public interest in today’s media environment?

One of the most fundamental aspects of the Broadcasting Services Act 1992 is that it seeks to promote a situation where the Australian media is regulated significantly for the purpose of safeguarding the national broadcasting environment. This bill is essential for in serving the public interest because it provides the necessary allowances and regulations to the type of material that broadcasters can provide for public consumption. One of the most significant aspects of this bill is that it promotes the removal of genre restrictions that would otherwise have hindered the advancement of the Australian media to suit the interests of those individuals in society who would like greater diversity in their programming. Furthermore, in the interests of the public, this bill is also important because it allows commercial broadcasters to have a greater opportunity for multichannelling, which they were previously not allowed to have. This is a significant step because the public has an opportunity to have a wide range of channels to view outside those that are dominated by national broadcasters; meaning that there is a wider variety of information that they can access outside those that are essentially censored by the state. In the contemporary media world, it is a significant step especially considering that a growing number of individuals are developing special interests which can be fulfilled to a greater extent through the presence of more specialized channels whose content that can view and enjoy.
The rapidly advancing media world means that there is need to ensure that the interests of local media are safeguarded and the BSA is an essential aspect of this endeavor. This is mainly because it is through the advancement of commercial media services that it will be possible for locally made content to remain dominant in the market especially considering that there is massive competition from media from other countries, especially the United States. The influence of foreign media can, therefore, be contained through this bill because, while it does not provide any significant restrictions on foreign media, it allows for privately owned local media outlets to ensure that they have a greater share of the market. This is extremely important especially considering that it is through the willingness of the BSA to allow for a reduction in the influence of national broadcasters that it is possible to bring about the competition that is needed to make sure that there is a significant improvement in the quality of programming that is provided locally. Healthy competition in media is a necessary aspect of contemporary society because it makes it possible for broadcasters to make sure that they are able to better connect with their audiences in a bid to find out their interests and work towards the development of content that is closely linked to these interests. The ability of broadcasters to bring about greater diversity is, therefore, safeguarded within this bill because it helps to advance the interests of local broadcasters when it comes to a higher quality of programming while at the same time creating the diversity that is needed to ensure that most of the population in the country is able to receive content that is in line with its interests.
This bill is also essential in the development of an environment where, while commercial broadcasters are provided with greater freedom to operate, those with the potential of promoting content that is harmful to the public will be restricted. Such a situation would make sure that commercial broadcasters have a greater responsibility towards their audiences when it comes to their content. Moreover, through this step, it will be possible for the government to make sure that media content that might prove to be a threat to the public, such as channels that advance the cause of terrorism organizations, are kept out of the public sphere; allowing Australians to live their lives as freely as possible. The need to regulate commercial broadcasters is in the public interest and this can best be done through restriction to the allocation of licenses, as stated in the bill. The BSA provides for greater involvement of the government when it comes to the allocation of broadcasting licenses, with the minister taking a direct hand when it comes to content that might be contrary to the interests of the public. In this way, it will be possible to make sure that the regulation of content in media remains constant while at the same time providing for the advancement of local content in media that promote the Australian way of life.

Saturday, October 20, 2018

The New World: How it is perceived

Colin Calloway’s approach to the concept of the new world is one which differs from traditional views. This is mainly because, instead of focusing mainly on the European context, he creates a balanced focus on the manner through which Native Americans and European settlers were able to interact and create a vibrant new culture. For the most part, traditional conceptions of the new world tend to attribute the establishment of history as well as organized society to European settlers and often disregards the Native Americans as being individuals who lacked history because none of their histories was written, but instead transmitted orally. As a result, the history of the new world has come to be recorded from the time of European settlement and the contribution of the Native Americans to the development of the new society have been totally forgotten because of the Eurocentric view of them as being savages. However, Calloway is able to bring together the histories of both European settlers and Native Americans in such a way that promotes the idea of their having interacted and each having affected the lives of the other. The American culture, according to Calloway, did not just come up as a result of European settlement, and instead, it came about because both Europeans and Native Americans made their contributions to it; bringing about a unique culture that has become dominant in the whole country. Thus, Calloway considers Native Americans to have been advanced enough both socially and culturally to have an influence on the Europeans who ended up settling amongst them; in contrast to the traditional meaning of the new world.
One of the most significant aspects of the interactions between European settlers and Native Americans, covered by Calloway, is that it led to the spread of diseases that were prevalent in Europe into Native American populations. The spread of these diseases was not done intentionally, but instead, it came about as a result of the interaction between a small number of Native Americans and settlers, mainly through trade (Calloway, 2013, p.50). These diseases were most prevalent in trade routes and this is the main reason why the first people to get infected were often the Native Americans who lived close to these routes or in whose settlements Europeans travelled through. These individuals would in turn, as a result of other Native Americans further into the interior, end up infecting the latter; thus resulting in massive deaths from diseases which traditional Native medicine could not cure. The large number of Native Americans throughout the Americas who ended up dying did not do so because of direct interactions with European settlers, because a majority of them had not set eyes on a European before (Calloway, 2013, p.50). Instead, the diseases spread because of interactions between those Native Americans who had interacted with Europeans, and those who had not. The depopulation of some areas which came about as a result can be considered to be based, not on malice on the part of European settlers, but on the ignorance between the latter and the Native Americans concerning the dangers of European diseases. In this way, Calloway seems to blame disease, rather than the violent interactions between Europeans and Native Americans in the form of wars that would come up in later years, as the case of the loss of large populations of Native Americans.
According to Calloway, the peaceful interactions that took place between the Native Americans and European settlers tended to be based on the self-interest of the latter. This is because in their settlement of a new land, of which they were unfamiliar, they needed the Native Americans more than the Native Americans needed them (Calloway, 2013, p.53). Europeans considered Native Americans to be potential trade partners, and they actively sought to establish trade links aimed at bringing the latter into the economic system that had been established by the Europeans. Furthermore, European missionaries were eager to convert Native Americans to Christianity and these often sought to ensure that this objective was accomplished by going directly to their villages and ministering to them (Calloway, 2013, p.53). The result was that there was a significant growth of contact between these populations to such an extent that they were able to achieve a high level of cultural exchange. Thus, while some Europeans went to settle among the Native Americans, and even adopted some of their customs, some of the latter also chose to discard their own lifestyles and settle among Europeans. In this way, such scenarios as Europeans having tattooed their faces like Native Americans and Native Americans drinking tea became quite common. The creation of a hybrid society which involved the adoption of elements of both European and Native American cultures took place. Through the analysis that he makes concerning the interactions between Native Americans and Europeans, Calloway ensures that he disputes the prevalent narrative about the often hostile interactions between the settlers and the natives, and instead brings out a more positive outlook of these interactions.
Jill Lapore explores the concept of literacy and the means of transmitting history in the context of the new world. She states that the history of Native Americans has been for the most part disregarded because they did not maintain written records (Lapore, 1994). This disregard began to take place during the early European settlement of the Americas and has continued to the twenty first century where written records are considered to be the means through which history can be recorded. However, the disregard of Native American history does not take into account the fact that unlike European history, which was written down, Native American history, was kept through oral tradition. These oral traditions have instead come to be regarded as myths because there are no contemporary written records to verify their authenticity. Lapore points out that in the seventeenth century, there were a significant number of literate Native Americans who lived in European settlements and who could have written the oral histories of their people (Lapore, 1994). However, not record is made of any attempt having been made to put down these histories. Lapore suggests that the main reason behind this lack of written history of the Native Americans is that in order to achieve literacy, Native Americans were required to completely discard the traditions of their own people and instead adopt the Europeans lifestyle. This meant having to adopt Christianity, speak English, and live in European settlements. The result was that many of these individuals ended up losing touch with their own people; instead living at the periphery of Native Americans and Europeans since they were no longer fully accepted by either (Lapore, 1994). These individuals could therefore not write down the oral histories of their people for fear of being rejected by the Europeans whose culture they had adopted.
Another aspect of Native American and European interaction is discussed by William Cronon who considers this interaction from the European standpoint. For most Europeans who settled in the new world, the vastness of the land and its wilderness was incomprehensible because in Europe most of the land had been utilized and the wilderness that remained was in private hands (Cronon, 2003, p.33). When they considered the Native Americans and the simple life that they led surrounded by such abundance, they came to believe that the Native Americans were lazy. Furthermore, this concept of laziness was further enhanced because it was the women, rather than the men in Native American communities who farmed while the men hunted. In Europe, it was the men’s task to farm the land; enforcing the belief that Native American men were lazy. Cronon points out that these perceptions by Europeans were wrong because Native American societies were organized differently. Native Americans often sought to use the land according to their own needs rather than using it abundantly in order to create a surplus, the way the Europeans did (Cronon, 2003, p.122). Additionally, they often sought to make sure that they utilized what they had effectively, especially in winter months when, in situations where there was impending scarcity, these people tended to choose to go hungry in order to utilize the remaining food for as long as possible. These were customs that Europeans failed to understand and would make them enforce their dominance in society in a bid to promote their own way of life, which they thought was superior.
The common perceptions concerning American history, especially its origins, should be changed. This is because despite eventual European dominance over America, American history was not made up only by the European settlers. Instead, Native Americans also made significant contributions while they too were influenced by European culture. American history can be considered as an amalgamation of these two distinct cultures, which brought about a new culture that was adapted to a new environment as a result of interactions between Native Americans and Europeans. A full understanding of American history cannot be achieved without the inclusion of the peaceful interactions that took place between Native Americans and Europeans, because the contributions of the former is one of the main factors that brought about the success of settlements, which in turn brought about American history.


References
Calloway, C.G. (2013). New Worlds for All: Indians, Europeans, and the Remaking of Early America. Boston: Johns Hopkins University Press.
Cronon, W. (2003). Changes in the Land: Indians, Colonists, and the Ecology of New England. New York: Hill and Wang, 2003.
Lapore, J. (1994). Dead Men Tell No Tales: John Sassamon and the Fatal Consequences of Literacy. American Quarterly, 46(4): 497 – 512.

Friday, July 20, 2018

Cuba: What everyone needs to know

The Cuban starter pack
It has, over the years, become necessary to paint a vivid picture of Cuba from the time when it was still a Spanish colony through to the twenty first century and the struggles which this country and people have had to undergo in order to reach where they are today. It is necessary to use the format of asking questions and coming up with suitable answers to these questions so that a clearer picture of the true history of Cuba, without the bias which it has had to endure from some American writers. The discussion of the early liberation struggles of the people of this country against colonialism, first against Spain, and later against the United States, after the latter was awarded Cuba after winning its war against Spain is also necessary. Cuba had to suffer from decades during which the country was ruled by American backed dictators who suppressed the country’s interests in favor of their sponsors, mainly the United States and companies from this country. It is essential that a clear picture of how Cuba had to suffer land alienation as almost two thirds of the country’s land was either in the hands of private owners from the United States or in that of American corporations.
The events leading to the revolution and the American response to it that led this country to move into the Soviet sphere of influence are a direct result of American policy. The reasons for the success of the revolution despite the fact that it was often challenged by its more powerful neighbor to the north is that the revolution has proven its resilience. In addition, it is pertinent that a criticism of the American policies on Cuba after the revolution and suggestions of what the former could have done differently to ensure that it remained influential within Cuba. The six decades of the revolution should also discussed and this is coupled with a discussion of the circumstances that have ensured its survival to the present and the reasons why it did not collapse as soon as the Soviet Union, which was its main backer, did. One of the most fascinating factors concerning the Cuban revolution is the smooth transition of power from Fidel Castro to his brother Raul, and how the latter has presided over the liberalization of the economy so that the country can not only remain competitive on the world scene, but also for the benefit of the Cuban people.
Cuba: the land of contrast
The revolution has played an immense part in the development of the the people of Cuba since not only their standards of living but also their society changed for the better after the revolution. The revolution has ensured that the Cuban people are aware of each other’s equality and because of this, then they have to treat each other well, like a part of a greater family. This positive attitude towards each other it has enabled all workers within the Cuban economy to concentrate more on service for the greater good of all Cubans, than to work for personal gain. One of the firmest principles which the revolution has instilled among the Cubans is that working for the people of Cuba is the most valuable thing because it is what will determine whether the revolution is eventually judged as being either a success or a failure. It is through the revolution that the Cubans became, for the first time, a united nation which was not divided by class or by interference from foreign countries such as the United States. It is only after the revolution that the Cubans came to identify their country as their own and this has created a strong nationalist feeling among them that is hard to match anywhere else in the world. The fact that the revolution has managed to survive for this long can be attributed in part to the strong sense of ownership that the Cubans have towards the revolution.
One of the legacies of the revolution is that of the achievement of literacy for all Cubans and because of this, Cuba is currently the only country in the world which has achieved a hundred percent literacy for all its citizens and all Cubans of any age have at least a basic education, a feat which even the United States, a long term rival of the revolution, has yet to achieve. The revolution has encouraged the equal opportunity among men and women throughout the economy and this has been because of the belief that these two genders have equal capabilities to function at work. There is hardly any task which is designated to one gender that cannot be undertaken by the other. Furthermore, it has ensured that there is a balance between the employment of men and women in the workplace, hence ensuring that gender balance has been achieved. Cuba is the only state in the world to achieve an almost perfect gender balance, and in addition to the total literacy rate, the Cuban revolution has not only achieved universal healthcare for all its people, but it has also been able to develop one of the best medical healthcare systems in the world, another feat that it has accomplished without the advantages other countries have and despite the American attempts to stifle the revolution through the imposition of the trade embargo. The resilience of the Cuban revolution has also been able to raise the image of its leader, Fidel Castro, who is looked upon as a larger than life personality and who has been a thorn in the side of the United States for over five decades.
The United States has, from the very beginning of the revolution, been the biggest enemy of Cuba and it has, time and time again, tried to overthrow the revolution and replace it with a corrupt capitalistic system like the one which existed before. According to the book, the United States is the biggest threat to the achievements of life which the new order after the revolution has brought for the Cuban people. There has always been a possibility that the United States may foment revolt against the revolution by promising a few Cubans a better life to the one which they currently have, an action which would more likely than not destroy the achievements that have been made by Cuba so far. The obsession with Cuba which has been displayed by successive American administrations shows just how potent the revolution has become and this has been the main reason for the imposition of the trade embargo over this country. The irrational fear of the Cuban revolution by the United States government and the policies which have been adopted against it have ensured that this island nation has not had the opportunity to develop its potential to the fullest. However, despite the hostility from the United States, the Cuban revolution was able to have a lot of influence on the world scene as seen in its involvement in the protection of the government of the newly independent African country of Angola from Apartheid sponsored rebels.
Cuba was able to send more than thirty thousand troops to aid the ailing African nationalist government and it is partially because of this action that part of the military power of the oppressive Apartheid South African regime was destroyed. Furthermore, the Cuban revolution attempted to aid other countries such as Congo and Bolivia in their bid to have their own revolutions, although the latter was not successful. The book comes to the conclusion that the United States has for a long time been unfair towards the revolution through its policies and expresses the desire for better relations with Cuba especially during the Obama administration.

Friday, April 6, 2018

Gasland (2010)

One of the most espoused ideals of this century has been environmentalism, which can be defined is a philosophy that is based on the concept of conserving the natural environment through addressing issues that concern various human activities. It is a fact that most of the activities which are addressed by environmentalism involve the pollution of the environment through industrial activities such as the extraction of natural gas by oil and gas companies. The documentary Gasland is an attempt to create awareness, within the American public, of the effects of that attempts made by gas companies to extract natural gas in rural America have on the environment. This film has created a new awareness in the public concerning the devastating environmental effects of hydraulic fracturing, which is one of the means through which natural gas is extracted in the mainland United States. This means of gas extraction, also known as fracking, is done through the injection of chemicals and massive quantities of water at high pressures with the intention of cracking open the rocks deep beneath the surface and as a result releasing the natural gas. This method has helped in the emergence of the natural gas boom across the United States, but as the film shows, there has developed proof that this method of gas extraction is leading to the contamination of water as well as leaking into homes. The film works towards the establishment of means through which these issues concerning the conservation of the American environment can be discussed and viable solutions for the environmental problems caused by these activities by oil and gas companies can be found. It can further be said that this film deals with the preservation, the development, and the return of the American natural environment to the state in which it was previously.
The film’s director, states that his father received a proposal from a gas company for the latter to be allowed to drill for natural gas in his property using the fracking method. At this time, this was a new method which can be considered to be extreme for the purpose of extracting natural gas through the pumping of water and toxic chemicals into the ground at extremely high pressures to fracture the rock formations that contain the natural gas. In the film, it is stated that previously, the main method that was used for the extraction of natural gas was through the drilling into the ground until a pocket of gas was hit and this gas was captured as it rose. The director states that one of the reasons why he started making the film is because he started to wonder how it was that all of a sudden his family and their neighbours were in a gas drilling area when prior to this, their area had never had any kind of industrial development. In the film, the fact that the fracking method is causing environmental damage is worrisome and disturbing and it is because of the use of these methods by the various gas companies that the beautiful, scenic and amazing landscape of the United States is being destroyed. The director of the film, who also serves as the narrator, states that at least fifty percent the state of New York as well as sixty percent the state of Pennsylvania is being leased to gas companies for the purpose of drilling for gas using the fracking method. Throughout the film, it is seen that the land in the United States is being handed over to gas prospecting companies at an alarming rate with many of the individuals doing so, mostly farmers, not realising that doing so is resulting in the destruction of their natural environment.
One would say that the film is mostly made up of a series of interviews and it can be considered to be one which shows profound respect for the people from different places across the United States that are interviewed. It can further be said that because of the respect that is displayed by the film’s director that the individuals who are interviewed are so forthcoming with the information that they have to give concerning the effects of fracking on their environment as well as its direct effects on their lives. The film is able to show how the use of the fracking method has come to put those areas in which it is used in an environmental crisis and the people who are affected the most by this environmental degradation seem to be more than willing to talk to the film’s director about their problems. The means through which the director seems to conduct his interviews seem to be down to earth and this not only engages the individuals being interviewed but also the audience of the film as they become more interested and engaged in the arguments being made. One of the factors which make the film more interesting to the viewer and is able to pass its message across is that the director is able to incorporate what the individuals who are being interviewed are saying and doing into the main story of the film and this enables the director to pass his message across from the direct perspective of those individuals affected. It seems that the main aim of the film’s director is to ensure that he attempts to find the most profound factors about fracking that have come to affect the interviewees and because of this, his attempts are rewarded by a straightforward response to his enquiries.
Music plays an important role in the film because it comes to affect the way in which the message of the film is being relayed. Music is what makes the message of the film gain some sort of character because it enables the viewer to recognise the gravity of the message as it is being passed across. It is what gives the interviews in the film the desired effect when the director attempts to make a point concerning the fracking method of gas extraction. Music is also used by the film’s director to display the irony behind the various statements made by some of the leaders in the gas industry as well as some of the politicians who are in full support of the use of the faracking method in the mainland United States. The power of music in this film is so profound that its audience cannot help it but be engrossed in the subject matter of the film without any more prompting. It can be said that music is the soul of this film and it is meant to get in touch with the emotions of its audience as it is used to display the various areas where the director is heading. For example, one hears music from Preston Reed as the director heads into Colorado and this provides the setting for the material which he would like for his audience to hear and absorb.
When one watches this film, he will come to the conclusion that while many environmentalist groups profess to fight for the conservation of the American environment since many of them tend to defeat their own purpose for doing so. One of the reasons why the environmentalist groups have been defeated in their purpose is because they do not have enough awareness concerning how the use of the fracking method of natural gas extraction is slowly but surely destroying the environment of the United States. This is the reason why Gasland is extremely important since it helps to raise awareness concerning the destruction of the environment by gas companies starting from his home state of Pennsylvania to the rest of the United States where gas companies are either involved or propose to get involved in the extraction of natural gas using the fracking method. While it is a fact that most of the gas companies have come out to vehemently oppose the film, making use of all the public relations strategies available to them to discredit its validity, it is the duty of all the environmentalist groups in the country as well as all the people concerned to oppose the use of fracking method by the gas companies as well as ensure that the government is pressured into passing laws which regulate these companies.
In conclusion, it can be said that the idea that gas companies retain control of their own matters concerning drilling especially when these methods endanger the environment has come to be challenged in the film since at present, actors other than governments have come to be key players in the environmental issue. There has been a shift from having regional meetings to implementation of initiatives that are localized and formation of partnerships in order to be able to combat the causes of environmental problems that affect various countries. The time has come when the government should shift their strategies to involve those tactics which are able to enhance the prospects that will implement effective management of the environment starting from the local level of the society.

Thursday, March 8, 2018

Oka Conflict in Canada

The Oka conflict which took place in Quebec in 1990 is considered to be among the most prominent show of Native fight for their land rights in Canada. This is mainly because of the fact that it was a protest against the government of Oka’s decision to expand a golf course into land claimed by the Mohawk people without even consulting the latter and ignoring their pleas. The members of the Mohawk community who led the protests and established barricades barring any form of construction from taking place were labeled as being savages and individuals who spread chaos in the town by a significant population of the town of Oka. The racist remarks, which were made towards these individuals, who were only protecting their environment and land rights from destruction, led to the realization that despite the advancement of the Canadian society, racism was still prevalent within a significant portion of its white population. The media also played a role in downplaying the events which took place during the Oka conflict and he suggests that the media did so mainly because it was an issue involving the natives of the land. The lack of importance that was normally given to the concerns and issues involving the First Nations of Canada may have prompted the media to act the way it did because it was believed to be just another skirmish which would be quickly be resolved. However, he concludes that despite everything, the media also worked towards exposing the crisis on the world stage and this enabled the Canadian government to come to a peaceful resolution of the conflict with the Mohawk people whose rights had been violated.
Had the government been more diligent in its duties towards the First Peoples and the conservation of their environment as well as the protection of their land rights, this confrontation would never have happened. In addition, he states that the actions taken by the mayor of Oka from calling in the police and military forces to deal the situation created a situation where the government turned its military forces towards fighting domestic protestors instead of its main duty of dealing with external threats. The Oka conflict proved to be a turning point in the relationship between the Natives and the Canadian government because the latter came to recognize the importance of having native support before embarking on any projects that were to be conducted on land and reserves claimed by them. The confrontation at Oka marked a turning point in the relationship between the native and non-native people of Canada and this is mainly because it acted as a prelude to further conflicts of their kind in the rest of the country over native land rights and usage. Most of the places where these confrontations took place were not only burial grounds for the native people, but also pristine natural environments which had lain undisturbed for generations. The fight by native people to conserve these areas were the reason for the confrontations which took place because the Canadian government only considered the economic gains from developing these areas and not the deprivation of native rights and degradation of the environment.
The Oka conflict and its aftermath was the beginning of the reconciliation between the rights of the natives and those of the non-natives of Canada. It led to the development of a national dialogue concerning the rights of natives and the need to preserve these rights against any form of economic considerations which might be harmful not only to them but also to their environment. The fact that this and other events took place because of the threat to their land rights and usage ensured that all the parties involved had to come to terms concerning the best way through which the land issue in Canada would be solved. This has come to significantly affect the formulation of government policies towards the environment as well as the native people. Martin declares that the native people of Canada, as a result of these conflicts, have come to be more involved in their own government, with a reduction in their isolation in government, and an increase in programs intended for their empowerment. The fact that these people are being brought into active political life is a clear picture of a change in the Canadian government policy where the process of assimilation is reduced in favor of one of acceptance. The government has come to the realization that the integration of the native peoples in the entire country is important since they represent the cultural heritage of the nation.
After the Oka protests took place, the government came to reverse its methods of dealing with the native people within the country. She considers the fact that while in the past, the government often pursued a policy based on assimilation among the native communities, because of the belief that the latter’s way of life was inferior, this has slowly changed. This is because it has come to be realized that the native are an integral part of the country and that through the Canadian government’s protecting of their rights, interests, as well as their way of life, it is also playing a role in ensuring that its interests in the entire country where natives are present, are protected. In addition,  the Canadian government has set out to work in partnership with the native communities in an attempt to ensure that its position among them is strengthened through the lessening of any antagonism between it and these communities; instead embracing a new spirit of cooperation between them. This has ensured that the land and environmental rights of the native people of Canada have come to be respected and protected by the government.

Saturday, January 13, 2018

The U.S. Military should shift its focus from Terrorism

There has recently developed the argument that the time has come for military of the United States to shift its focus from terrorism to other matters which are designed to promote international peace. It is for this reason that many policy makers have increasingly started shifting their attention from the war on terror to other initiatives that involve less military involvement in combat and more on peacekeeping and diplomatic initiatives. According to McAllister (2007), the United States in recent years has come to develop some very close relationships with its former adversaries such as Russia, with which it has developed increasing cooperation in matters concerning nonproliferation and counterterrorism. The main reason for the increased cooperation between these countries, according to McAllister is mainly because of the increasing threats to international security through the proliferation of weapons of mass destruction by rogue states as well as the development of religious radicalism which further increases international insecurity. As world leaders, both the United States and Russia have come to realize that they have a common interest in the containment of security threats and these have been exemplified through the increasing risk of terrorist attacks against the United States as well as the radicalization that is taking place in the Caucasus region of Russia. It is mainly through military cooperation between these states, as seen through bilateral, unilateral, and multilateral initiatives, which have ensured that there is proper distribution of international power in ensuring security. McAllister concludes that while the American and Russian militaries have in recent years seen some level of cooperation, the fact remains that these two countries still have a long way to go before they can be able to fully cooperate in all matters concerning international security. It is for this reason that cases that deal directly with national security are dealt with informally, on a case-by-case starting point.
The military-led war on terror has led to a situation where a large number of suspected terrorists have been detained at the Guantanamo Bay detention facility and it is for this reason that there has been plenty of agitation for the release of some of them, because they are deemed to be innocent. Foley (2007) states that the supporters of the policy of detaining individuals for long periods of time without trial justify their support by declaring that it provides the president with the capacity to contain terrorists and through vigorous interrogation are able to provide details of planned attacks. According to Foley, this plan has been widely criticized from its beginnings because it is a direct violation of human rights and lacks in any moral grounds making in illegal. This use of the military in the interrogation and detention of suspected terrorists, Foley states, has been a complete failure because it has led to the imprisonment of some innocent people who have only confessed to crimes they did not commit because of the fear of torture. The fact that the military is used in the development of indiscriminate dragnets, incarceration as well as the use of coercive interrogations who have not been proven to be terrorists has led to the discrediting of the American military, which many believed is a tool of American injustice. There has developed the risk of intelligence agencies being provided with false information through the false confessions of individuals who do not know anything about what they are talking about and this has led to the increasing misinformation that has hampered the progress of the war on terror. Because of the abject failure of coercive interrogations, the United States government has come to fail to comprehend the connection between detention, interrogation, and detentions and this has led to the failure to sort those individuals who are terrorists from non-terrorists through the judicial process.
It is a fact that many of the individuals who, through military action, have been detained are not accorded any of the constitutional rights that are commonplace among most Americans. This has led to the increasing disillusionment of the families of the individuals that have been detained that they will receive justice by proving their innocence. According to Jenkins (2006), in the 2004 case of Hamdi v. Rumsfeld, the Supreme Court ruled that the individuals who had been detained by the government on suspicion of being terrorists only had limited rights and that because of this; they had no ability to challenge their status as enemy combatants. Jenkins further states that it was in response to this case that the Bush government formed the Combatant Status Review Tribunal (CSRT), although this tribunal proved not to be effective because it functioned as the propagator of the government’s case against the detainees. This tribunal has proven to apply a broad definition to all of those individuals who have been categorized as enemy combatants and because the detainees are prohibited from having lawyers, they are not able to argue against the tribunal’s decision to detain them indefinitely. The military commissions which were developed by the Bush government to try detainees on charges of terrorism and war crimes have, according to Jenkins, been rigged against the accused. This is mainly because of the fact that these commissions rely completely on the confessions coerced from the detainees through torture, the use of hearsay, as well as the use of soldiers as jurors. Because military commissions have the power of passing the death sentence to those who are brought before them has created a situation where it is extremely difficult for the individuals who have been falsely accused to get out of the situation alive. This is the reason why some innocent detainees, in their attempt to stay alive end up falsely accusing others and confessing to crimes they did not commit as a way of avoiding the death sentence. In addition, Jenkins states that because of the rigged rules that have been put in place in the trials of detainees, it has become the norm for investigators to remain confident that they will win all the cases that are brought before them. This is mainly because investigators have come to see little need to infiltrate terrorist organizations to gain tangible or credible details for their cases, relying on the mostly false confessions of their detainees. Kim and Allard (2008) state that since its development, there have been many challenges faced by the Department of Homeland Security in its attempt to create a common culture within the intelligence agencies under its jurisdiction. It is the development of a common culture between these disparate agencies that, in addition to the military, is essential for the development of a comprehensive antiterrorism strategy. This has not been the case and has led to the failure of intelligence agencies to develop accurate databases, and this has resulted in the failure of some military operations meant to deal with terrorist threats.
The 9/11 attacks on the United States has led to the development of a new American approach to foreign policy which is intimately tied to the security of the nation. According to Miles (2012), the American foreign policy towards Africa has been based on ensuring its security and this has come to rival development as the main reason behind American involvement in this continent. All development programs and projects that are of American origin have attached to them a security dimension, developed by the department of defense, which works hand in hand with such institutions as USAID. Miles argues that the high potential for acts of terrorism to be committed in the United States has led it to adopt policies towards Africa which serve to undermine its development. This is the reason, he states, why it is important for the United States to adopt counterterrorism measures towards Africa which are fairly mild to ensure that it becomes a strategic as well as developmental defense activity. Miles, in the writing of his article uses records as well as a study of the American policies towards the Maghreb region from the Bush through to the Obama administrations. The result of this study is that since the 9/11 attacks, the American policy towards this region has seriously shifted, ensuring that the previously diverse developmental and security initiatives in the region have become converged into one initiative. The result of this has been that there has developed a wide range of sympathetic public opinion throughout Africa towards the American military involvement in their countries, with many believing that they are the best option for deterring terrorism. This, however, has not been the case in American public, where there is a large number of people who question the validity of the military being actively involved in the developmental and security programs of African nations when they can do more in fighting terrorism.
The American military involvement in the war on terror has had an adverse effect on the internal stability of some countries such as Pakistan, which has since the beginning of this initiative, been a staunch American ally. According to Khan (2010), Pakistan’s military alliance with the United States has led to a situation where it is currently facing an internal crisis. This crisis stems from the fact that the government which recently came to power has had to contend with the commitments made by the previous government to the American cause as well as maintaining a stable relationship with its neighbors that has been soured by the war on terror. Khan further states that it is because of Pakistan’s involvement in the war on terror that its security has come under threat not only from India, its longtime rival, but also Afghanistan. Khan therefore offers the opinion that the only solution for this situation is for the United States to restrain the activities of India along the border close to Pakistan and Afghanistan. Moreover, according to Mohamadian (2012), there has been numerous debates among scholars concerning the unilateral military actions that the United States has taken in the Middle East which have come to affect diplomacy and international relations. While the intentions of some of these interventions might have been sound, the result has been arise in sectarian violence, especially in Iraq, as well as the prevalence of terrorist attacks, and these have come to threaten the American-led initiative to rebuild the Iraqi state. Furthermore, Ahmad (2010) states that there has developed some friction between the United States’ counterterrorism initiative and the one of Pakistan and this have created a situation where there is conflict between their national interests. Pakistan’s reliance on irregular warfare in its region is one of its instruments of national security and this has come to be challenged by the United States government which seeks to bring these activities to an end, therefore not serving Pakistan’s national interests.

African Americans and Japanese Americans During WWII and its Aftermath


African Americans and Japanese Americans had a long history of discrimination in the country and this became worse during and after the Second World War when many of them came to be segregated along racial lines. The history of discrimination against these two communities tended to be extreme because they were treated as lesser human beings who had no rights. Therefore, despite having been in America for several generations already, these groups came to face many challenges especially during the war and post-war period.
When the African Americans who had been to the war returned home, they came with new ideas acquired from their experiences in the warzone in Europe. While they were in Europe, they had been treated on an equal basis by the white people of that continent and this made them realise their rights as human beings. Those from the south had a new mindset which would eventually lead them to ensuring that their rights as human beings were respected and that the Jim Crow South did not remain as it had been previously.
The fact that African Americans came to realise their rights and demanded them did not go down well within the white dominated society. This period came to see heavy attacks on the African Americans by the white establishment, especially in the south where many were attacked in broad daylight in full view of the police who did nothing to protect these people (Hobson, 356). It was the escalation of these attacks as well as the discrimination in other sectors of the social and economic life of the United States that there developed the Civil Rights Movement whose main purpose was to fight for the rights of the African Americans.
After the Pearl Harbour attacks in the United States, where the Imperial Japanese navy attacked the United States on its own soil, it was the Japanese Americans who came to face the brunt of the public anger that developed. The Japanese Americans were innocent of any involvement in these attacks yet they were increasingly viewed with suspicion by the mainstream American society. This situation became worse once the United States entered the war on the side of the Allies, since the Japanese Americans were made to leave their homes and moved into detention camps because of the suspicion that there were Japanese spies among them (Staub 1238).
The fact that they were detained by their own government despite having lived in the United States for generations and having broken all ties with Japan was a sign that they had not been fully accepted into American society. Those who were detained in these camps, when eventually set free, were much traumatised because they failed to see the reason why they had been detained in the first place. Just because they looked different form the rest of the American people and that their ancestors originally came from a country which had attacked the United States was not a valid reason for their discrimination and this they came to realise as a violation of their fundamental rights as Americans.

Wednesday, January 10, 2018

LGBT Rights in Russia

The Russian government has been involved in the abuse of the rights of the gay community within it, and this has been done through the introduction of laws which have led to the outright discrimination of this community. The absolute power of the state of the state has ensured that it has been able to develop anti-gay laws which are completely discriminatory towards the gay people in Russia. This has created a situation where many people of homosexual inclination within the country have been forced to hide their orientation for fear that they might become victims of the anti-gay propaganda that has become prevalent. However, while the government has and continues to be a foremost perpetrator of the discrimination against gay people in the country, there has also developed an increasing threat from many of the ultra-nationalist groups that have come into existence. The members of these groups have been known to attack, murder and display other forms of violence against gay people in the belief that the latter are going against the cultural values of Russia by being open about their sexual orientation. The fact that some cultural values can be discriminatory towards some members of the society does not seem to occur to them, with a majority holding the belief that gay people in Russia have to be exterminated. Moreover, the government has been a passive supporter of the actions of ultra-nationalist gangs through not taking any of the cases concerning the victimization of gay people seriously. The fact that the government is able to stand by and do nothing to contain abuses against its citizens, despite their being gay, is evidence that these gangs are conducting their activities with its approval.
The Russian state is one of the biggest perpetrators of abuses against the gay people living in the country and this discrimination seems to be done with the intention of ensuring that they are completely suppressed. The fact that the state is the main sponsor of laws which prevent gay people from being open about their orientation and from having the same rights as other Russians has become a source of widespread concern for the gay community in Russia. The government has worked towards portraying homosexuality as being foreign to Russian cultural values and that it is propaganda from the decadent West which seeks to undermine the Russian state and people. While these claims by government officials can be considered to be preposterous, the fact remains that many Russians have come to be influenced by them and recent years have seen many individuals being openly discriminatory towards gay people. Gay people in Russia have come to be labeled as foreign agents whose aim is to bring chaos to Russia through the spread of gay propaganda that corrupts Russian people, especially the children. The fact that many gay people are not even politically active and whose only wish is to be accepted in the society is hardly ever taken into account and this has created a lot of problems for gay people in Russia. One would say that it has become very dangerous to be gay in Russia since the laws which have been passed by the Russian parliament against them as well as the actions of ultra-nationalist groups have made being gay taboo in the society.
Russia is a signatory of several human rights documents such as Universal declaration of Human Rights as well as the European Convention on Human Rights, but while this may be the case, the Russian state has not necessarily been bound by these international laws in its treatment of the gay community. Instead, despite being bound by these laws which prohibit any form of violation of the rights of individuals within Russia, the government has gone ahead and passed laws which are in contravention with international laws. Russia has completely disregarded the above-mentioned human rights laws, both binding and non-binding in its bid to ensure that the gay community is completely suppressed within the state. The importance of international laws when dealing with gay rights in Russia has been ignored as the government has continued to determinedly move ahead with its agenda, which is the total removal of the gay people and voice from the society. The fact that in June 2013, the Russian parliament passed a law banning any form of propaganda aimed at minors and promoting nontraditional sexual preferences is one of the steps that the government has taken against gay people. That this law is in contravention of the basic human rights of all the gay people in Russia has not been put into consideration and the fact has remained that it is being ruthlessly enforced. Many Russians of gay orientation have over the past few years found themselves in trouble for the most minor of offences and this has been because of the over-zealousness of government officials and law enforcement agencies in their bid to enforce the anti-gay propaganda law. Because of the vague wording in the law, government officials have made broad interpretations concerning it and the arrests and prosecutions that have been taking place have ensured that the voice of the gay community within Russia has been stifled. The ability of the state to disregard international laws that protect the rights of its people has created a situation where it has now become possible for the Russian government to continue conducting its repression of the gay community in its territory without any serious consequences from the international community.
In the case of LGBT rights in Russia, international law seems not to be able to protect them because of the government’s unwillingness to protect these rights. The Russian government has been a consistent opponent of the gay people in the country being able to enjoy equal rights to those of their fellow Russians and while this stance has been condemned by the international community, it has largely been ignored. The massive popularity that the Russian government currently enjoys has ensured that the bulk of the population has remained staunchly behind the law, with some individuals going as far as to take matters into their own hands by directly attacking gay people. The result has been that members of the gay community in Russia have continued to be under siege since their future within the country has increasingly become uncertain. It is currently in the hands of the Russian government to determine and assure the future rights of the gay community in Russia and this can only be done through the repealing of all laws which criminalize homosexuality.

Saturday, January 6, 2018

Were Atrocities Committed in Vietnam?

The United States throughout its history has gone to war starting with its war of independence until most recently, the war in Iraq and Afghanistan. In most of the wars that it has been involved in, there have been claims that the United States military has committed atrocities against the civilian populations of the countries it has invaded. The reports of such atrocities have been reported during the following instances: the Philippine-American war; the Second World War; the Korean War; the Vietnam War; in Yugoslavia in 1999; and finally, during the War on Terror. In this paper, we shall discuss some American atrocities committed during the Vietnam War with specific emphasis on the crimes committed against the noncombat civilian population within Vietnam.
Atrocities such as the killing of noncombat civilians or the torture of prisoners occur in all wars but that it became a particular issue in the Vietnam War. Violence against the civilians of Vietnam by the American military was an intentional act of war and they acted with indifference to the destruction of noncombatants and to that of their property. Most of the military commanders of the United States were aware of the laws governing ground warfare that had been established by various international agreements but atrocities were still committed by some American soldiers and officers. Throughout the entire war, only two hundred and seventy eight soldiers and marines were convicted of murder, rape, and other violent crimes by the military justice system but many more incidents went unpunished or were not even reported. The policy of heavy bombing by in South Vietnam with high explosives and napalm by American forces to support ground operations in and around villages and the widespread use of artillery for the same purpose generated many accidental civilian casualties.
The United States military used herbicides and defoliants as part of its herbicidal warfare in Vietnam, and one of these, known as Agent Orange, was used extensively from 1961 to 1971 in South Vietnam and in portions of North Vietnam. At the time the herbicides were being used, there was little consideration within the American military about the potential long term effects of the widespread use of Agent Orange towards the Vietnamese population. It is further unclear exactly where in Vietnam the Agent Orange herbicides were sprayed and the amount sprayed at each location and this has ensured that virtually every aspect of the effects of this herbicide in Vietnam is infused with uncertainty. These herbicides were used on the crops of the Vietnamese civilians so that the crops could die causing mass starvation. The American army commanders mistakenly believed that starvation would force the Vietnamese population to support the American backed South Vietnamese regime but this turned out to be counterproductive because instead the people lost all confidence in the southern government and secretly supported the North. Another major result of the use of these herbicides was the mass starvation that occurred after their use and a lot of the civilian population, which had nothing to do with the war, died in the resulting famine.
It was the fear, anger, and incentive for promotion or commendation for a high body count (which was a requirement by the military at the time) that led the American soldiers to an over application of their weaponry which constituted atrocities against the civilian population. Individual Vietnamese and sometimes even entire villages could be killed because they were suspected of being the enemy or in certain incidents; they were simply killed just because they got in the way. The Vietnam war, with its tactical use of high altitude bombing and artillery fire, and the search and destroy missions resulted in mass killings. These weapons were used indiscriminately by the American military and in the process many civilians were killed accidentally. The number of these accidental killings may border in the tens of thousands because there were no statistics, whether private or official, at the time to show their extent. Furthermore, while platoons were on missions, their leaders rarely restrained them from committing such acts as would be deemed atrocities in normal human societies. One of the major and most notable of these incidents, due to the high media attention it gained, was the My Lai massacre of 1968.
The My Lai massacre in Vietnam was the mass murder of between three hundred and five hundred Vietnamese civilians in the village of Son My by American soldiers during the Vietnam War. Most of the victims of this massacre were women, children and the elderly and when investigations were carried out, some of the bodies were found to have been mutilated and many of the women had been raped preceding the killings. When news of this massacre first came to light, the army tried to deflect any concern about it by blaming it on the South Vietnamese military. This incident prompted global outrage when it became public and it increase the domestic opposition for the United State’s involvement in Vietnam. The My Lai massacre had numerous complex causes which included psychological stress on the soldiers, poor unit leadership, bad intelligence, and an overall American strategy that put more emphasis on killing than on protecting the people. The American strategy of having body counts to show their progress in their progress in the war was very detrimental to the lives of the Vietnamese civilians because they could not be differentiated from the North Vietnamese soldiers who also wore peasant clothing. This led to the American soldiers’ killing of random Vietnamese civilians on suspicion that they were enemy forces. Some soldiers, bent on having a higher body count in order to establish their reputations within the military ranks, wantonly killed Vietnamese civilians in order to raise their counts.
By its nature, atrocity defies rationality, marking the limits of understanding and he uses this to explain what happened in Vietnam. The order to kill anything that moves caused many American soldiers to commit vast and unthinkable atrocities in Vietnam. American platoons had a tendency of waylaying civilians, raping the women among them, and at times murdered them in cold blood. In certain instances, if the American soldiers did not find anybody to fight in the various villages across the countryside of Vietnam, they would instead indulge themselves by raping, torturing, and murdering the hundreds of civilians living within such villages. Most of these cases went unreported because the people of Vietnam at the time did not have did not have any legal authority they could turn to for justice because they were in the middle of a war and furthermore, the government which claimed to represent them (South Vietnam) had allied itself with a foreign power in order to maintain its authority. In fact, the South Vietnamese government actively supported the American involvement in Vietnam despite the fact that atrocities were being committed against its civilian population.
America committed genocide in Vietnam and admits that individual atrocities and war crimes did occur in that country. One would agree with Sevy’s opinion because of the statistics showing the American military casualties of the war. It is said that about fifty eight thousand United States soldiers died in the Vietnamese war and this was despite their having a weapons technology that was far superior to that of their opponents. Now that it has been determined that the Americans had superior weapons, we should now the casualties in the Vietnamese side. If the American lost nearly sixty thousand soldiers despite their superior weapons, it is only logical to assume that the Vietnamese lost many times more that number in armed forces and that would be without counting the civilian casualties of this war. The random killings that were committed by all the armed forces involved in this conflict may put the number of civilian casualties in the millions. It is my suggestion that if the Americans had not involved themselves in the war in the first place, then it would have come to a swift end much sooner than it did.

The American atrocities in Vietnam are real and that they happened on a much grander scale than have been reported. It is up to the United States government to recognize and acknowledge these atrocities and not only do so, but also apologize to the people of Vietnam for committing them. If the American government would do this, then there would definitely be an improvement in the relations between America and Vietnam which would bring them even closer than they are today. Furthermore, America would earn global respect for owning up to its failures and because of this new found respect; America would be able to retain its hegemony over the world with the good will of all the nations of the world. This would be to its advantage especially considering that new world powers, such as China, Russia, and Brazil, are rising to challenge America’s authority as the only world superpower.

Friday, January 5, 2018

The Need for the Legalization of Marijuana

The validation of the substance known as marijuana is one of the most divisive issues in the public stage today. Marijuana has, for a long time, been banned in many countries but those who advocate for it have recently gained ground. Some countries are decriminalizing the possession of this drug, with the aim of gaining control its movement. Opponents of this action state that marijuana is s harmful drug which comes to adversely affect the health of those who use it.
It is a fact that the public support for the legalization of marijuana has more than doubled since the 1970s, and this has created a strong case. The rise in public support can be attributed to the belief that the substance has become too common for it to be controlled. It has been found that a sizable number of Americans, some 38%, have at one time or another in their lives tried the drug and this may have contributed to its acceptance by many Americans. This shows that the American public, in general, is ready to accept the legalization of marijuana because it has become a basic part of their way of life.
The legalization of marijuana is an extremely desirable thing because of the fact that its consumption has not been found to have the lasting effects. While other drugs such as cocaine have adverse effect on the individuals who use them, marijuana’s effects are relatively mild. The legalization of this substance would ensure that the stigma associated with the use (medicinal or otherwise) and distribution of marijuana is done away with. In addition, the public acceptance of marijuana and its legalization will ensure that there is freedom of use for the substance, hence guaranteeing a basic human right of all adult Americans.
A benefit for the legalisation of marijuana would be the enabling of the elimination of the criminal market for the same substances. It is a fact that the production and use of some of marijuana creates an environment where organised crime becomes the norm as they fight to control the market for marijuana. The legalization of this substance would ensure that organised crime is forced out of its trade because they would be starved of their constant income. In addition, the legalization would enable the government to regulate and control the market for marijuana, ensuring that there are laws against selling the substance to minors.

In conclusion, as has been seen above, the fact remains that the legalization of marijuana is more beneficial than detrimental for the American society. The American society has become more accepting of the substance and the public support for its legalization may lead to its eventual acceptance. Marijuana is not the harmful drug to the extent that it has always been thought because quite a significant number of the American population has used it. The acceptance of the substance will also ensure the decriminalization of the trade in it since the cartels involved will no longer have the influence to control it. Therefore, the legalization of marijuana is a desirable development in the United States, since it will enable the sustaining of the right of Americans to make their own choices.

Thursday, February 23, 2017

Historical Injustices Part 2: Kurdistan



The Kurdish Question
The Kurdish Question, on the other hand, is one that is quite complex because people of this ethnic group span four countries namely Turkey, Syria, Iraq, and Iran. The Kurds have had a long and illustrious history in the Middle East, with an individual like Salah-ad-Din (Saladin in European history), the sultan of Syria and Egypt who fought against Richard the Lionheart in the Crusades, being of Kurdish origin. Despite this history, however, the Kurds have been victims of some of the worst injustices in recent history.
Because of both European and Middle Eastern imperialism, they have ended up in a precarious position where they do not have a nation-state to call their homeland. Instead, the land that they have occupied historically has become a part of four states. In Turkey, the Kurds have faced considerable repression because of their agitation for independence, with their liberation movement, the PKK, being labeled a terrorist organization.
The failure by the international community to do anything constructive towards ensuring that the Kurdish voice is heard is a sign that it has accepted the status quo and it not willing to bring about a change to the conditions that the Kurds are experiencing. The only country in the Middle East that has seen a considerable improvement in the lives of its Kurdish population is post-Saddam Hussein Iraq. In this country, the Kurds live in an autonomous region, with its own government, and under the nominal authority of the Iraqi government, since the latter does not have the ability to enforce its authority over the region by force.
 In Turkey and Syria, however, the government of Turkey is determined to ensure that a similar situation to Iraq does not occur. Its actions in recent years, especially during the Syrian civil war have been to support those rebel groups in Syria that are against the Kurds. It has also become directly engaged militarily in Syria to ensure that the Kurds do not form their own state that will connect to Iraqi Kurdistan; resulting in greater agitation for independence from the Turkish Kurds.
Unlike the Palestinians, the Kurds have shown considerable determination to establish their own state, and have fought for this right for decades. Their actions during the Syrian civil war has earned them international respect because they have been shown as one of the most effective forces on the ground, in addition to the Syrian government and its allies, capable of effectively fighting, and defeating ISIS. The effectiveness of the Kurdish forces in Syria has ensured that if Turkey attempts to thwart the formation of a Kurdish state in Syria, tentatively named Rojava, it will come at a high cost.