Sexism and work place Research Paper Example | Topics and Well Written Essays - 2500 words

Sexism and work place - Research Paper Example Socio-environmental factors like schools, employers, family, and peers cause the difference of sex in abilities, gender, and interests acquired and reinforced in childhood and adulthood respectively (Menendez et al., 2012). Factors contributing to Sexism Environmental factors contribute greatly to development of boys and girls by punishing and rewarding them based on what they have done. Labor division on sexes reflects occupational and domestic roles of men and women. Children should behave according to the roles of gender; boys, for example, are to behave in a muscular way and girls in a feminine way. Parents are responsible for shaping the behavior of boys and girls. Development of children’s gender roles is through contacts with peers, especially of the same sex. Children, once they go to school, are subject to the influence of a school authority figure. They spend more time with an adult role-model, from whom they choose and develop character. They get more punishment and rewards for their behavior. They receive first message of sex separation of positions in the system: male teachers run the school while women teach and are poorly represented in the administration. If a woman becomes an administrator, then she is at a lower lever. Both men and women graduate from colleges and universities more than before. Girls tend to have better grades than boys do, owing to their higher level of discipline, obedience, and orderliness. Sexism in organizations has been in existence since women started working. Disparity of wages and occupational segregation are the main inequalities affecting women. Separation of women and men is occupational segregation. For instance, men would choose to do a police job, firefighting, and engineering whereas women would become teachers and housewives. Disparity of wages is the difference in wages earned by women and men. Gender identifies an individual as either male or female; thus, ‘gender’ or ‘sex’ f requently refer to categorization of a group. The social role theory suggests that a demand generates roles exhibited by individuals. For instance, the role of women to raise kids needs nurturing character. The role of child-rearing is attached to women because of their reproduction function, tying women to nourishing and taking care of infants. Linking women, for instance, to rearing of infants attributes such traits to women as kindness, helping, and nurturing. The same theory associates men with traits like competitiveness, non-domesticity, aggressiveness and assertive roles, which need skills and bravery. The difference between men and women in status strengthens the expectations of gender stereo types. The stereotype is that female roles require fewer resources than male roles and that rearing of children is traditionally for women (Kurtz, 2002). Social punishment and rewards give incentive for individuals to behave according to expectations of group members. A person may act w ith the expectation of gender even when it is contrary to his/her personality. For example, a woman may act kindly contrary to her wishes just to avoid disapproval of others. Men and women act differently matching the stereotypes. The impact of this theory of social role for the difference in behaviors and traits is distinct. The theory suggests that beliefs of a cultural nature on both genders are not accidental. In this context, ideals of a

Critique of Academic Journal Essay Example | Topics and Well Written Essays - 750 words

Critique of Academic Journal - Essay Example However, this diversity's gradual move into the normal corporate field has brought with it a few negative outcomes (Kelan 2009). It makes it harder to deal with instances of subtle discrimination against women (Calas and Smircich 2006). This diversity simply eliminates the more obvious types of gender discrimination while allowing the attitudes that support such practices to go unchallenged (Gill 2007). For instance, women are usually exempted from the networking that takes place among the men in the workplace, as well as from working on with the business’s most prominent lawyers (Nentwich 2006). When women are confronted with such situations in an era that has actually had laws passed to support their functioning in the workplace, they are likely to think that they are the ones who are either too arrogant, or cold, and thus are not easy to approach for workplace friendships (Johns, Schmader and Martens 2005). They are not likely to suppose that the reason for their being left out of things is because they are women (Crump, Logan and McIlroy 2007). Critique Gender fatigue is constructive because it alerts the society that even with the existing laws and regulations that encourage women to work; women are still not treated in the same way as men in the workplace (Lewis 2006). For instance, in a recent research conducted in a business environment, it was established that male workers ignore what might appear to be gender discrimination because they equate their calmness in such instances with showing tolerance or acceptance (Bailyn 2003). Female workers, on the other hand, feel that if they work harder, they will be able to change the minds of sexist employers (Blau, Brinton and Grusky 2006). In such cases, it can be pointed out that ‘gender fatigue’ is an appropriate explanation for such pusillanimous behavior on the part of workers (Ely, Meyerson and Davidson 2006).   Elizabeth Kelan’s article on gender fatigue appears to bring up a n authentic problem that might actually be one of the reasons contributing to the continuing inequality that women experience in the workplace. The fact that her survey participants indicated that they had heard of cases of discrimination showed that such cases still exist even in an era in which many people feel that the goals of women being permanently accepted in the workplace have been sufficiently addressed. The fact that the workers being surveyed mentioned that instances of gender discrimination usually happen in singular episodes and not as a whole also contributes toward the ‘gender fatigue’ theory. If the incidences of discrimination against women happened in bulk, the opposition would have been more vocal. However, instances where some women are discriminated against and not others are not as visible and can cause doubts to arise when reported.    On the other hand, gender fatigue the article by Elisabeth Kelan on gender fatigue states that the workers that she used in her study were not only convinced that their companies were gender neutral, and were examined on merit. These contributors also quoted statistics on sexism from the previous one or two decades. This means that the situation may have changed in the last few years; and that if gender inequalities still exist, the

Charles Manson Essay Example | Topics and Well Written Essays - 1750 words

Charles Manson - Essay Example At one time, she sold him to a waitress for a pitcher of beer. This waitress kept him until his uncle retrieved him a few days later. In 1939, his mother and uncle were thrown in jail for robbing a gas station and Manson went to live with another aunt and uncle who were quite religious. When his mother was granted parole three years later, however, Manson returned to his mother’s side, where they moved from hotel to hotel. Kathleen Maddox was constantly attempting to get rid of Manson, as she was not a good mother. In 1947, she attempted to have him placed in a foster home, but she could not find one available. This led to Manson being placed in Gibault School for Boys, where he stayed for ten months before fleeing to find his mother again. His mother, however, rejected him and he was then on his own. The first crime that Manson committed was the robbery of a grocery store. He did this in order to pay for a hotel room. A series of other robberies followed until he was caught and sent to a juvenile center. He escaped from this juvenile hall after only one day and after his recapture, he escaped from another juvenile hall four days later. This time, he escaped with another boy and the two of them committed a series of robberies on their way to the other boy’s uncle’s house. The robberies and escapes continued for years, as Manson was sent to different juvenile centers around the country, but none of them could hold him. He even was caught with a stolen car that he had used to rob gas stations in Utah. It was at these juvenile centers that it was concluded that Manson was aggressively antisocial. The first time that Manson was actually considered a dangerous offender was right before a scheduled parole hearing in 1952 when he held a razorblade to another boy’s throat and sodomized him. After this, he was transferred to the Federal Reformatory, which is where more dangerous juvenile

Change Management and Communication Plan Essay Example | Topics and Well Written Essays - 250 words

Change Management and Communication Plan - Essay Example cks into manufacturing products that are customers’ tailored and hence satisfying customer needs which translates into increased market share and hence large revenue fetched. The firm should employ a system where current form of power based on positions that leads to inferiority is scrapped and replaced by collaborative organizational designs amongst employees and management and customers thus incorporating every stakeholder in decision making process (Corvette, 2006, p. 67). A proper chain of command should be designed where each department is tasked with distinct role with public relation assigned to listen customers’ complaints and subsequently integrating such complaints to manufacturing process to produce products that meet customers’ needs and hence inventory management as accumulation is curbed which is a cost-effective strategy. Letting decisions in the hands of employees is a good approach to organizational management but only when embedded on proper chain of command (Greenwald, 2008, p. 122). A well-established communication plan will help Riordan firm to harmoniously incorporate all stakeholders which translates to acceptance of policies hence easy implementation which leads to customers loyalty and expansion of the

Geology in The United Arab Emirates Essay Example | Topics and Well Written Essays - 1000 words

Geology in The United Arab Emirates - Essay Example Over the response of the plate tectonic movement, the two have behaved as a unit. The begun of the separation of this two from African plate started aver about 25- 30 million years ago with the red sea being the initial opening. The U.A.E ancient story was in some points a rumor. A rock, as per the Precambrian history, does not outcrop in the regions of the UAE also; they are not known information drill. In Saudi Arabia and Sultanate of Oman, the exposure of the Precambrian sedimentary rocks were experienced and from this exposure, it participated in delayed Precambrian glaciations. That in many desperate parts of the today’s world were known due the evidence of geology. A shallow red sea covers not much time after the initial appearance of the abundant fossil stable lifestyles during the Middle Cambrian time, a general region that is in the reach of UAE (The Emirates). Thick accumulation of salt and the early Cambrian sediments of both the Arabian sides being included reveal that the area have been the site of first stage drifting from a larger continent that later formed an ocean basin. At the continental edge, the interpretation would account for the UAE subsequent position. The movements of the Afro-Arabian plate in the period of the Paleozoic caused the pass near the South Pole in the Ordovician period. During this period is when North Africa and UAE became glaciated. During the middle of the Paleozoic, the Afro-Arabian continent became the largest in the southern Gondwana supercontinent. The continent later broke into Permian and Triassic. UAE has remained in the tropical latitudes since the end of Paleozoic. The appearance of the UAE has remained tectonically to stable despite the travels. Rather than local tectonic and climatic fluctuations, the geological history of the country as a whole has been based on the primary legend of the advance and retreat of the sea in response to the global idea. The make that was to become of UAE was through the

Mind and Citadel Essay Example for Free

Mind and Citadel Essay Masculinity is the properties characteristic of the male sex. Characteristics include strength, toughness, brutality and many more. All of which are the characteristics of the boys who attended The Citadel in hopes of leaving the school as men. Susan Faludi, author of The Naked Citadel, writes about the problems within the prestigious school, the major problem, being sexism. The Citadel’s problem can be almost clearly supported by Malcom Gladwell’s Power of Context argument from his book the Tipping Point. The militaristic environment at the Citadel changes each cadet’s character into an extreme emotionally ruined version of who they once were. These changes turn into violence in the extreme. Perception is the key to many disagreements within society. This holds true in the situation that affects The Citadel. When a girl, Shannon Faulkner, applies to be the first female admitted to the Cadet Corps. She attempts to mess with the system by leaving out her gender. The perception at the Citadel is that women would not be a good fit in the school. Tradition has a major part with this. It is apparent that Shannon’s entrance to the Citadel has proven to become a threat to the Citadel community since it is an all-male institution, intended to train real men. The Citadel has always been an all boy school as â€Å"except of course, they weren’t really boys at all. These were college men† (Faludi 78). Who’s to say however that they are in fact men? What defines a man? Within the society a man is expected to think, act and live in a masculine manner. Showing emotions or sensitivity is considered taboo among the males. In the Citadel a man can act in a manner in which the threat of breaking the public norms is not eminent. The way of life in the Citadel made it almost impossible to live for a woman. Society as a whole saw the Citadel as an established all male school and they were determined to keep it that way. However, this perception is based on what is seen from an outside perspective. Gladwell defines this aspect of perception of character as the FAE, Fundamental Attribution Error. Gladwell writes, â€Å"The mistake we make in thinking of character as something unified and all-encompassing is very similar to a kind of blind spot in the way we process information† (162). If character is something unified, then everyone must be classified as one in the same. The mistake the Citadel is making is having their all boy school rule become a blind spot for the future. The future that lies ahead can never be, if the Citadel sticks to their tradition. While tradition is what made the school so prestigious, a change in time may also need a change in tradition. A women can just as easily â€Å"be one of the guys† as any other guy. While men have defining characteristics that make them appear different from women, there are many attributes, such as personality that isn’t so distinctive between certain people. The Citadel being filled with men who everyone knew would resist the idea of a women being admitted to the school, needed someone who could â€Å"fit† in. â€Å"Robert Patterson, the Citadel attorney who had previously represented V. M. I. , asked Astin, his voice full of unflattering insinuation about the kind of woman he imagined her to be. Astin: I suppose the same as the kind of men who want to go there. Patterson: Would it be a woman that would not be all that different from men? Astin: Yes. † (Faludi 95). This quick interrogation of Alexander Astin explains that men and women are not different after all. While Patterson thought he found the winning point to his case, he actually put himself and the Citadel in a hole. Women, who would apply to The Citadel, feel that they have the ability to compete with the existing me inside. Everyone knew how the Citadel was run. It was filled with aggressive men under military rules. But Shannon Faulkner still applied. Sharron Faulkner was the type of women that Patterson perceived would be able to attend the Citadel. You could cite her memory that as a small child she preferred playing outside with the boys to playing with certain girls whom she deemed â€Å"too prissy†Ã¢â‚¬  (Faludi 96). Shannon was always, â€Å"one of the boys†. Her background and general attitude is extremely similar to anyone of the â€Å"men† at the Citadel. Even with this, the Citadel is still against the idea. â€Å"The psychologist Walter Mischel argues that the human mind has a kind of â€Å"reducing valve† that â€Å"creates and maintains the perception of continuity even in the face of perpetual observed changes in actual behavior† (Gladwell 162). The way our mind works, it is hard for people to have multiple views on something. In the case of the Citadel, society perceived the school as a strict all boy school that is not suitable for any women. Society also perceived Shannon as just a woman. â€Å"Just† isn’t putting down that aspect, but that is all that society saw her as. So if the Citadel is looked at and known as an all boys militaristic school that women would never be able to step foot into as a student and Shannon was looked at as just a woman then in no way shape or form would she ever be allowed to attend that school. That’s the problem with our society. We base our judgment on what we see, not on what we know. Any women who is willing to put herself through that type of embarrassment and trouble and even death threats just to get into a school, in my mind is more of a man than any of those kids in the Citadel. Society is filled with stereotypes and that is what everyone is based off of. You, the next guy and me will always be looked at by society as part of a stereotype. This is the problem with the Citadel, and society in general. Perception is key in all events that occur at the Citadel. Perception plays a strong role in the Power of Context as wells as sexism at the Citadel. The focus on environment is the main aspect of the Power of Context. It says the people are â€Å"acutely sensitive to their environment† (Gladwell 159). People are therefore prompted to do certain things based on their perception of their environment. This is exactly what was occurring at the Citadel. The cadets were prompted to react physically towards each other based on what their perception of a man was. Knobs told me that they were forced to run through the showers while the upperclassman â€Å"gaurds† knocked the soap out of their hands and, when the knobs leaned over to retrieve it the upperclassman would unzip their pants and yell, â€Å"Don’t pick it up, don’t pick it up! We’ll use you like we used those girls! † (Faludi 105). The Citadel continually expresses the idea of being a man. However, the upperclassman takes advantage of this and confuses strength of a man with violence. These knobs that come into the university as boys, are turning into emotionally stunted individuals. They lack the understanding of a real man. As well as what it means to be in a relationship a part from other men. Women, whether they believe so or not, are a great importance to the future of the Citadel. The reality of the Citadel, however, is that it’s producing less â€Å"men† and more homosexuals. This may in fact be a direct result of no women in the vicinity. â€Å"When a Citadel attorney asked Doucet why female cadets would pose a problem on the campus, the only issue he raised was the humiliation that cadets feel if women observe the cadets’ on-campus interactions† (Faludi 104). Humiliation may be one of the strongest emotions that can alter ones character forever. However, if women were allowed in the school than humiliation would not be an issue because the men would change their ways to please women. Women posed no actual threat to the school, except the embarrassment of the cadets. Is that even a legitimate reason to prevent a girl of getting an education? Shannon was faced with more humiliation and threats than the boys in the school could ever imagine. Then, as they turned back to the house, they saw that across the white porch columns and along the siding of the house, the words, â€Å"Bitch,† â€Å"Dyke,† â€Å"Whore,† and â€Å"Lesbo† (Faludi 94). The Citadel Cadets were criticizing Shannon Faulkner because she wanted to be accepted. It just so happens that all the terms they used all categorized her as a man. Shannon could speak, act and dress like a man but no matter what she will never be able to be fully accepted beca use in their minds only a man a true man is suited for the school. The controversy at the Citadel is a sad but eye opening example of how our society is. Society puts them in a mindset where only one way is the right way. If society can open up their brains to more opportunities than a lot of problems would be alleviated. Malcom Gladwell poses the reasoning of the Citadels problems with the idea of the Power of Context. There is so much that goes on in a situation that it should never be that easy to give an answer. The situation at the Citadel is un-fair and wrong. Women are just as smart and important as men and should have the same rules. But in that argument, if you want to be treated the same, you can’t complain.

Crisis Of Governance In Pakistan Politics Essay

Crisis Of Governance In Pakistan Politics Essay The concept of governance is as old as human civilization. The word governance has its origin in Greek and it means to steer. In simple words the governance is the process of decision making and the process by which it is implemented (or not implemented). Good governance means that the affairs of the state are managed honestly, with every system in place, where merit is never ignored, rules are meticulously followed and where everyone is equal before law. This could only be achieved if public institutions are strong, independent and responsive to the sentiments of the public. Governance is generally conceived as the exercise of economic, political and administrative authority to improve the quality of life of the people. Governance is a continuous process where divergent opinions and desires are satisfied through compromise and tolerance in a spirit of cooperative action for the mutual benefit of the masses. The basic objective of good governance is to improve the quality of life of people, to ensure that their needs are met equitably. Politics is about the creation and distribution of power among organizations, tribes, communities or society at large. Governance is the mechanism, which controls the relationship between the two extremes the governed and the governors. The political process lies at the core of governance and this can be said to be efficient only if elections are free and fair, the elected are accountable, whereas authority is divided between the legislature, the bureaucracy and the judiciary with decentralization of power. 1.2 Why did I select this topic? Although there are a number of studies on the subject, yet they are generalized in nature and only a few researches have been made relevant to Pakistan. Therefore, emphasis of thesis would be on crisis of governance in Pakistan with special reference to the alien perception (to me, a misperception) of as a failed state because of its bad or misgovernance and its legal aspects. It will include the current situation, its causes and effects, its socio-economic and strategic aspect, the plight of common man and the causality between bad governance and incapacities of the state apparatus responsible for public service delivery and criminal justice system, as well as prospects of course of correction through reforms and institution building. For the preparation of this paper, numbers of research articles, journals and books written by national and international researchers and authors, and different case laws of the apex courts have been consulted. The concept of governance and crisis of governance have been discussed at length in these write-ups. Since the concept of governance in Pakistan has very recently gained focus, there are a few studies on this subject, available in public libraries. Some of the significant studies are briefly reviewed here. The Crisis of Governance and Human Development in South Asia  [2]  explains some of the main crisis of governance in South Asia, its causes and suggests ways to eradicate them. Panandiker has explained the main problems faced by the South Asian countries specially India and Pakistan relating to governance system  [3]  . Ehsan Niaz has discussed cultural aspect of the country right from 1947 and its affects upon governance. He has also explained the role of civil soci ety, politicians and bureaucracy to solve the problems of governance  [4]  . Jan Mohammad Dawood has explained the role and function of superior judiciary in the politics of Pakistan  [5]  . These views will be discussed with special reference to Pakistan. 1.3 Hypothesis/Research Question? Root cause of the crisis of governance in Pakistan is the failure on the part of our successive governments who did not focus their attention on institutional development. Instead, they weakened, corrupted and politicized the existing institutions to an extent that they have become almost non-functional. Research Questions What are the root causes of crisis of governance in Pakistan? What is good Governance and absence of it in Pakistan? Is the state willing to restrict itself to the sovereign functions and to restructure and reform the institutions of governance? What are the controls over Governance? How governance can be improved in Pakistan? 1.4 Scheme of the thesis The research has been divided into five chapters. Chapter 1 is introductory which explains the whole paper with its national and international context, its importance and objects etc. Chapter 2 explains how Pakistan has been facing governance problems right from its beginning. These problems were due to many reasons such as incompetent civil bureaucracy, frequent military interventions, incompetent politicians, lack of accountability system, and non independent judiciary. All these problems have not allowed to flourish Pakistan to become a developed state irrespective of that it has been blessed with both human and natural resources. Chapter 3 deals with the consequences of bad governance and problem of governance. Chapter 4 deals with the role of civil society, judiciary, media and other state building institutions. Chapter 5 deals with the conclusion and recommendations to improve the good governance. Pakistan has faced governance problem right from its very beginning. While most of the comparable countries of Asia which have prospered, started from a comparable low initial level of socio-economic conditions, but have over the period of several decades, created much more sound and stable social conditions. Even India has managed to come out of the classic image of low performance and governance ills, while Pakistan deteriorates on a continuing basis, despite claims of good performance and success. 1.5 Statement of the Problem Problems of governance have been endemic in our country ever since the unfortunate death of the father of the nation, Quaid-e-Azam Mohammad Ali Jinnah, only a year after the creation of Pakistan. Problems of governance seem to emanate from the unholy alliance between the then so-called political elite and the bureaucrats involved in politics. 4 This state of affairs has adversely affected the quality of life of over 180 million people of this country, making their life and liberty miserable. This situation warrants an in-depth study of the causes and their effects on lives and liberties of our people to establish objective face of current crisis of governance and the prospects of reforms and institutions building. 1.6 INTRODUCTION TO GOOD GOVERNANCE Recently the terms governance and good governance are being increasingly used in modern literature. Bad governance is being increasingly regarded as one of the root causes of all evil within our societies. Major donors and international financial institutions are increasingly making their aid and loans depending on the condition that such reforms should be made that ensure good governance. Following paragraphs will try to explain, as simply as possible, what governance and good governance means. 1.7 Governance Meanings of governance: The World Bank defines governance as; The exercise of political authority and the use of institutional resources to manage societys problems and affairs. 6 An alternate definition suggests that governance is; The use of institutions, structures of authority and even collaboration to allocate resources and coordinate or control activity in society or the economy. English-speakers sometimes erroneously confuse the term governance with the term government. 6 David Bigman oxford publication ed:2011 The exercise of political authority and the use of institutional resources, p.1 5 According to the UNDPs Regional Project on Local Governance for Latin America: Governance has been defined as the rules of the political system to solve conflicts between actors and adopt decision (legality). It has also been used to describe the proper functioning of institutions and theft acceptance by the public (legitimacy), and it has been used to invoke the efficacy of government and the achievement of consensus by democratic means (participation). The concept of governance is not new, it is as old as human civilization. Simply put governance means: the process of decision-making and the process by which decisions are implemented (or not implemented). Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance7. Since governance is the process of decision-making and the process by which decisions are implemented, an analysis of governance focuses on the formal and informal actors involved in decision-making and implementing the decisions made by the formal and informal structures that have been set in place to arrive at and implement the decision. Government is one of the actors in governance. Other actors involved in governance vary depending on the level of government that is under discussion. In rural areas, for example, other actors may include influential landlords, associations of peasant farmers, cooperatives, NGOs, research institutes, religious leaders, finance institutions, political parties and the military etc. The situation in urban areas is much more complex. 7. Khan, Hamid Carvan publication ed: March 4th 2004 Constitutional and Political History of Pakistan, p.1 6 At the national level, in addition to the above actors, media, lobbyists, international donors, multi-national corporations, etc., may play a role in decision-making or in influencing the decision-making process. All actors other than government and the military are grouped together as part of the civil society. In some countries in addition to the civil society, organized crime syndicates also influence decision-making, particularly in urban areas and at the national level. . Similarly formal government structures are one means by which decisions are arrived at and implemented. At the national level, informal decision-making structures, such as kitchen cabinets or informal advisors may exist. In urban areas, organized crime syndicates such as the Land Mafia may influence decision-making. In some rural areas locally powerful families may make or influence decision-making. Such, informal decision- making is often the result of corrupt practices or leads to corrupt practices. 8 1.8 Good Governance Good governance has eight major characteristics. It is participatory consensus oriented, accountable, transparent, responsive, effective, efficient, equitable, inclusive and follows the rule of law. It assures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society. 9 8 http://www.unescap.org/pdd/prs/ProjectActivities/Ongoing/gg/governance.asp accessed on 23rd October 2012 9 Ibid. 7 1.8.1 Participation is key cornerstone of good governance Participation by both men and women is a key cornerstone of good governance. Participation could be either direct or through legitimate intermediate institutions or representatives. It is important to point out that representative democracy does not necessarily mean that the concerns of the most vulnerable in society would be taken into consideration in decision-making. Participation needs to be informed and organized. This means freedom of association and expression on the one hand and an organized civil society on the other hand. 10 1.8.2 Rule of Law Good governance requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force. The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. The principle is intended to be a safeguard against arbitrary governance. In continental European legal thinking, rule of law is associated with a Rechtsstaat. According to Anglo-American thinking, hallmarks of adherence to the rule of law commonly include a clear separation of powers, legal certainty the principle of legitimate expectation and equality of all before the law.11 10. G.W.Chaudhary Oxford publications Ed:2007 Constitutional Development in Pakistan, p.180 11. Sir Henry Wheeler, Report of the Government of India Secretariat Committee, ( Delhi: Government of India Press, 1937), p.1 8 Some authors, as J. Shklar, claims that the phrase the Rule of Law has become meaningless due to ideological abuse and general over-use. Samuel Rutherford was one of the first modem authors to give the principle theoretical foundations in Lex, Rex (1644), and later Montesquieu in The Spirit of the Laws (1748). Rule of law is opposed by authoritarian and totalitarian states. The explicit policy of those governments, as evidenced in the Night and Fog decrees of Nazi Germany, is that the government possesses the inherent authority to act purely on its own volition and without being subject to any checks or limitations. Dictatorships generally establish secret police forces, which are not accountable to established laws, which can suppress threats to state authority. 12 Critiques on rule of law The rule of law, i.e., the application of the body of law to the government, does not restrict the government in any way since any desired government privilege can be made by the government into a legal provision. The rule of law should be seen as a bureaucratic hope for the government to jump through, rather than as a material restriction on government power. This criticism is though mostly relevant where the principle of the separation of powers is not respected (i.e., where the legislative power and the executive power the government-are held by the same body). When the government is not also the legislative body, the principle of the rule of law may hold. Another critique is that the principle of legal equality can be easily subverted since many laws affect different people in different ways. 12. Rowland Egger, Pub: Karachi: The Inter-Services Press, 1953 The Improvement of Public Administration in Pakistan; p.10 9 A law giving the legislators a raise, for example, affects the legislators in a different way than it affects the rest of the public. But since such laws are not necessarily made in accordance with the rule of law, it remains unclear if this criticism is really aimed at the principle of the rule of law itself rather than to actual legislatures. Marxist theory analyzed the capitalist state as an instrument of oppression of the people at the hands of the bourgeoisie, which set the laws to suit it. Following this, some critical theorists analyze the rule of law as a judicial fiction which aims at disguising the reality of violence and, in Marxist terminology class struggle. This theory presumes that the bourgeoisie holds the power to set the laws13. The Italian philosopher Giorgio Agamben argues that the state of exception is at the core of the concept of sovereignty, and not the rule of law as liberal thinkers have it. While the sovereign claims to follow the rule of law, any protection the people have, however fundamental, can be thrown away once the government finds it convenient to do so.14 1.8.3 Transparency Transparency means that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and that it is provided in easily understandable forms and media. 13. Rowland Egger, Pub: Karachi: The Inter-Services Press, 1953 The Improvement of Public Administration in Pakistan; p.18 14. Rowland Egger, Pub: Karachi: The Inter-Services Press, 1953 The Improvement of Public Administration in Pakistan; p.10 10 1.8.4 Responsiveness Good governance requires that institutions and processes try to serve all stakeholders within a reasonable timeframe. 1.8.5 Consensus oriented society There are several actors and as many view points in a given society. Good governance requires mediation of the different interests in society to reach a broad consensus in society on what is in the best interest of the whole community and how this can be achieved. It also requires a broad and long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development. This can only result from an understanding of the historical, cultural and social contexts of a given society or community15. 1.8.6 Equity and Inclusiveness A societys well-being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society. This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well-being. 1.8.7 Effective and efficient administration Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment. 16 15. Syed Mujawar Hussain Shah, Pub: West view Press, Ed: 1995 Religion and Politics in Pakistan, p.68 16. Ibid 11 1.8.8 Accountability Accountability is a key requirement of good governance. Not only public institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. Who is accountable to who varies depending on whether decisions or actions taken are internal or external to an organization or institution. In general an organization or an institution is accountable to those who will be affected by its decisions or actions. Accountability cannot be enforced without transparency and the rule of law17. Now it should be clear that good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure sustainable human development, actions must be taken to work towards this ideal with the aim of making it a reality. 1.9 Good governance: an ideal which is difficult to achieve in its totality However, to ensure sustainable human development, actions must be taken to work towards this ideal. Major donors and international financial institutions, like the IMF or World Bank, are increasingly basing their aid and loans on the condition that those reforms ensuring good governance are undertaken13. 1.10 What does Good Governance Ensures? Governance ensures that corruption is minimized, the views of minorities are taken into account, and the voices of the most vulnerable in society are heard in decision-making. 17. Dr. Rafique Ahmad, Pub: Asia Publishing House, 1964 Pakistan: Political History, p.102 12 It also makes certain, the participation by both men and women, participation could be either direct or through legitimate intermediate institutions or representatives. Participation also means freedom of association and expression on the one hand and an organized civil society on the other hand, other factors that good governance guarantees are full protection of human rights, particularly those of minorities, independent judiciary, an impartial and incorruptible police force. 1.11 International Pledges: Through United Nations Convention against corruption in its resolution 55/61, the General Assembly recognized that an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime was desirable. The text of the Convention was negotiated during seven sessions held between 21 January 2002 and 1 October 2003. The Convention was adopted by the General Assembly on 31 October 2003, and Pakistan is signatory of it. 18 18. http://www.unodc.org/unodc/en/treaties/CAC/ accessed on 26th October 2012 13 CHAPTER 2 PROBLEMS OF GOVERNANCE IN PAKISTAN Pakistan inherited a well functioning structure of judiciary, civil service and military but a relatively weak legislative oversight at the time of its independence. Over time the domination of civil service and military in the affairs of the state disrupted the evolution of the democratic political processes and further weakened the legislative organ of the state. The judicial arm, with a few exceptions, clump along to purify the dominant role of the military and the civil service. 2.1 Constitutional Aspects Criterion of governance, as provided in the Constitution of Pakistan, 1973 is incorporated in the following articles. Article 4 of the constitution guarantees rule of law in Pakistan and it makes Government duty bound to deal with the rights of the individuals in accordance with law, it is to be noted that the article uses the word in accordance with law not in accordance with the law which means the framer of the Constitution wished to give this rule of law clause a wider scope rather than to be limited to some specified laws. Articles 8 to 28 provided in the Constitution are not only rights provided to the citizen but auto-limitations in these rights also provide guiding principles to the Government to go for Good Governance remaining within the auto limits of these Fundamental Rights. For instance in Benazir Bhutto vs. Federation of Pakistan19 it was held that the Constitution has provided auto-limitations, or in-built restraints, on the exercise of the Fundamental Rights guaranteed the Constitution. 19. PLD 1988 SC 416 14 Such auto-limitations or inbuilt restraints not only provide protection to the rights themselves, but also further the interest of social solidarity, sought to be achieved by the makers of the Constitution. Articles 78 to 88, and Articles 118 to 127 and Articles 160 to 171 provides practical procedure for the Financial Governance of the Government both at the Federal and Provincial level, the exact follow-up of the procedure results in Good Financial Governance. 2.2 Kinds of governance in Pakistan. Governance by Federal Government The Constitution provides Articles 90 to 100 for the Federal Governance for Federal Government. Governance by Provincial Government The Constitution provides Articles 129 to 140 for the Provincial Governance for Provincial Government. III- Governance by Local Government The Constitution provides Articles 140/A for the Local Body Governance for Local Government. 2.3 Conflict of Governance and their Constitutional Solutions: The conflict of governance and their solution are dealt in Articles 141 to 144, and article 143 especially deals with Federal, Provincial and District governance Article 152/A, and articles 153 to 159 also provide means to resolve conflict of governance. Here the council of common interest is worth mentioning. It also provides a plane to resolve conflict of Governance amount Federal and Provincial Governments. 15 The Council of Common Interest is a vital constitutional body. Its main object is to care for the common interest of all the provinces. It is the best tool available to resolve the differences, problems and disputes between the Provinces and the Federation. It regulates the policies in relation to the matters in Part II of the Federal Legislative list. The limits of the Council of Common Interest can be understood by the following Case Law. Shamsuddin Qurashi Vs. Finance Member, Railway Board20 It was held that functions of the Council of Common Interests is to formulate and regulate policies with regard to the matters relating to the affairs of the Federation. It has nothing to do with power of the Parliament to legislate or the executive authority of the Federal Government to deal with the employees of the Federal Government. 2.4 The Quran as a Guide line for Good Governance read with Article 227 of the Constitution of Pakistan 1973: O ye who believe! Stand out firmly for Qist (justice), as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts {of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well acquainted with all that ye do. [4/135] And O my people! Give measure and weight in Qist (justice) and reduce not the things that are due to the people, and do not commit mischief in the land causing corruption. [Prophet Shoaib (PBUH) to the people of Madyan 11:85] 20. 1980 PLC (C.S) 207 16 2.5 Civil Bureaucracy and Governance Civil Service in Pakistan is a permanent institution and has to be above party politics. Bureaucracy as a whole remains unchanged with the change of political governments barring transfers with the Ministries / Departments. The history of bureaucracy is not up to the mark, the years in which an elected civilian executive exercised control over bureaucracy. Later on the civilian bureaucracy more or less dominated at all levels of governance. After that the military bureaucracy assumed more or less direct command of all policy making. Then there were years when nobody was really in charge. In terms of performance, the period between 1947 to 1969 was probably the best. Pakistan overcame severe initial challenges and embarked upon an impressive modernization program. The Ayubs regime was better in terms of the countrys economic conditions but bureaucracy take over the key positions of the country which mostly proved to be corrupt and they adversely affected the governance of the country2 1. During the Zia era, bureaucracy was little comfortable with him and a marginal recovery of the conditions of service brought some stabilization in civil service. Bureaucracy was in line with government but it totally failed to provide justice, fair play and merit to the people of Pakistan. In both Benazir and Nawaz Sharif era bureaucracy was fully involved in politics and merit was totally ignored, Corruption was at its peak. As mostly bureaucrats were incompetent so they failed to deliver good governance in the country. During post 1999 era, bureaucracy was the worst hit segment of state apparatus. Musharraf in pursuit of perpetuation of his illegitimate rule tried to bulldoze anything and everything that he thought may hinder his adventure for power. 21. Panandiker, Sudha publishers Ed: 2009 Problems of Governance in South Asia, p 212-213 17 By introducing PCO judges in superior judiciary, he involved his military in routine administrative matters ranging from collection of electricity bills to managing state owned public enterprises. He introduced the Devolution of Power Plan 2000, doing away with the centuries old time-tested administrative service, without realizing its adverse consequences. Placing the civil bureaucracy subordinate to a local government representative namely Nazim of the district was an attempt to put the cart before the horse, which did not work22. 2.6 Frequent Military Interventions From the ancient centers of civilizations in China, Egypt, India and Persia to the classical Hellenic and Roman empires, feudal domains, medieval aristocracies and more recent enlightened despotisms of Europe, it was the sword that dominated the spirit18. It shows that whenever military interfered in the civil government, it has destroyed the whole system of governance the same holds truth for Pakistan. Military has interfered the country many times, much to the destruction of whole democratic system and governance. It has never allowed the state building institutions to flourish so that they could help to maintain good governance in the country. Had military not frequently intervened in the internal administration of the country, we would have a fully developed system of administration in the country and we would have not faced the governance problem. Once the military acquainted itself with the taste of political power, the entire fabric of the constitutional development came crashing down. 23 22. Ilhan Niaz, Karachi: Oxford University Press, Ed: 2010, The Culture of Power and Governance of Pakistan p138-141 23 Ibid 18 Due to clash of legitimacy and prudence, Pakistan has been trapped in a cycle of instability with the military and civilian political leadership destabilizing each other24. The age old Doctrine of necessity has paved the way for military for martial laws. The history of these doctrines can be traced in following cases. Dosso Vs. Federation of Pakistan25, In Dossos case (1958), the Pakistan Supreme Court used jurist Hans Kelsens theory that a revolution can be justified when the basic norm underlying a Constitution disappears and a new system is put in its place. Molvi Tamiz-ud-din Khan Case26, in Molvi Tamizuddin Khan case, the Supreme Court headed by Chief Justice Mohammad Munir backed Governor General Ghulam Mohammads action to dissolve the first Constitutional Assembly. This judgement of the Supreme Court is always strongly criticized by all democratic parties of Pakistan and is referred to as a root-cause of unstable democracy in Pakistan. Nusrat Bhutto Vs. Chief of Army staff and Federation of Pakistan27 On November 10, 1977 the Supreme Court unanimously validated the imposition of the martial law, under the doctrine of necessity. The law of necessity recognized and upheld by Pakistans highest judicial body, has proved an honorable protection for military adventure in civil government. 24. Shahrukh Rafi Khan, Fozia Sadik Khan and Aasim Sajjad Akhtar, Initiating Devolution for Service Delivery in Pakistan: Ignoring the Power Structure (Karachi: Oxford University Press, 2007), 4 25. PLD 1958 SC 533 26. PLD 1955 F.C 24 27. PLD 1977 SC 657 19 2.7 End of Doctrine of Necessity in Pakistan a good sign for governance in Pakistan In PCO Judges case on July 31, 2009, the full bench of the Supreme Court of Pakistan, decided once and for all that the doctrine of necessity is absolutely inapplicable in Pakistan and such precedent can never be cited in