Daily Archives: March 31, 2021

No space for liberal education – The Indian Express

Posted: March 31, 2021 at 4:04 am

Written by Navneet Sharma and Prakrati Bhargava

Resignation letters are supposed to be answers, but few resignations pose more questions than the answers that they were supposed to give. Pratap Bhanu Mehtas (PBM) letter of resignation from Ashoka University or his earlier letters of resignation from the National Knowledge Commission and Nehru Memorial Museum and Library have raised more questions than answers. The fundamental questions about the idea of education and the functioning of educational institutions; what education may produce if it is not expected to inculcate critical thinking and reflection; why educational institutions must be accountable to the state and what does autonomy mean for a privately-funded university which stands on the idea of liberal education?

Mehtas resignation is not about an individual and an institution coming to an agreement to terminate their mutual agreement but how and why a higher educational institution (even though it is private) could ask a teacher to resign only because s/he had a different and dissenting opinion, which became a political liability for his/her employer. It is not about Mehtas writings alone the people at the helm may have rejoiced when he compared the PM to Charles De Gaulle but it is about the inability of the system to reckon with dissent. It also speaks of how the Indian higher education system has evolved, especially in its attempt to get decolonised. The privatisation of educational institutions schools as well as higher educational institutions promised a liberal space, but these institutions could never get out of the control of the state and the government of the day.It sounds like a clich that education is a liberating force, when it could not liberate even the institutions where liberal education is imparted. The Indian Higher Education System (HES) is the second-largest such system in the world. It is experiencing severe challenges related to autonomy and academic freedom.

Autonomy and academic freedom are prerequisites for the production and dissemination of knowledge to create a truly democratic and just society. But the system is also erected on the model of affiliating and examining university, set up during the colonial period when the Indian academic profession had to affirm loyalty not creativity and research. Indian HES is still in search of its own objectives and models.

In recent years, some private enterprises Nalanda, Azim Premji, Shiv Nadar, and Ashoka have promised to provide an alternative to shrinking spaces of dissent and discourse in public universities not only with regard to courses, curriculum, pedagogy, and cultural events but also in the realm of university administration and organisation. Although committed to the values of liberal art and science education, these universities are witnessing challenges and constraints of varied forms. The idea of liberal art and science education propounded by John Henry Newman in The Idea of a University underlines the function of a university that promotes liberal education: Here then is real teaching it at least tends towards the cultivation of the intellect; it at least recognises that knowledge is something more than a sort of passive reception of scraps and details; it is a something and it does a something, which never will issue from the most strenuous efforts of a set of teachers, with no mutual sympathies and no intercommunion, of a set of examiners with no opinions which they dare profess, and with no common principles, who are teaching or questioning a set of youths who do not know them, and do not know each other, on a large number of subjects different in kind, and connected by no wide philosophy.

Drawing from Newmans idea of liberal art and science education, universities in modern times have to profess universal knowledge. However, liberal arts and science education in the third world is often re-configured according to the socio-political, economic and cultural climate of the time. Any endeavour to transplant the concept of liberal education in India has to negotiate with varied challenges emanating from the values practised in the society. Indian public universities have witnessed several shifts from liberal democratic to ideological conformity, from academic and intellectual freedom to conservatism, from liberal knowledge to knowledge management, and from socially inclusive to financially progressive. In contrast, private universities in India are largely embedded in the political economy of the state. They claim relative autonomy yet cannot shrug off political patronage. The controversy around the University of Eminence status in 2018 by the MHRD to the yet-to-take-off Jio University speaks of the intimate relationship of state and private universities. A private university which thrives to promote the liberal idea of the university has to adjust and administer in accord with the invisible structures of power and agency.

Universities like Ashoka University which advocate the idea of liberal art and science university with a vision of promoting critical thinking and a strong commitment to public service have to negotiate with the existing climate of Indian HES.

There was a shift, not so long ago, from public universities to private universities when senior academics deserted public universities. The love lost for public education and educational institutions and the public culture that we have created needs, in Mehtas own words, a massive repudiation or we may not be able to recover and reclaim our nation, freedom, truths, and religion. Mehta himself had forewarned that liberalism, which was an insurgent ideology once, will turn hegemonic if it runs too long and too well. The events leading to his resignation is an outcome of a deadly mix of liberalism and cultural nationalism.

The writers are faculty, Department of Education, Central University of Himachal Pradesh. Views are personal

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No space for liberal education - The Indian Express

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Paynes silence speaks volumes about the Liberal Party – Sydney Morning Herald

Posted: at 4:04 am

Last Monday at Senate estimates, Labor senator Jenny McAllister put to Marise Payne a question that I have long wanted to ask myself: Is it an impossible job being a minister for women in a Morrison government?

Now I have made no secret of my feelings about our Minister for Women and the fact she has been effectively missing in action on how the pandemic has disproportionately affected women. She has also been conspicuously absent from the debate over the past six weeks on the treatment of women in the Liberal Party and in Australia generally. This glaring omission culminated in criticism that she had not attended, let alone addressed, a meeting of 400 Coalition staffers which Scott Morrison held behind closed doors last week to acknowledge the absolute rubbish female Liberals have had to deal with.

Marise Payne at a Senate estimates hearing on Monday. Credit:Alex Ellinghausen

I have also made no secret of my contempt for what has been referred to as the handbag brigade, the Liberal women paraded in front of the media to defend the indefensible, whenever it occurs. The most recent, egregious example: Anne Ruston, Linda Reynolds and Michaelia Cashs spirited defence of that budget last financial year, which many women, including yours truly, rightly called out for failing to deliver for women. A highlight, no doubt, was Ruston feebly telling the ABC that women will enjoy driving on all those new roads that the government stimulus would fund.

Yet when McAllister asked Payne on Monday if it is an impossible job being a minister for women in a Morrison government, I have to admit even I felt for a minister so clearly under siege.

No, senator, was Paynes response. And then there was a very long silence as both women exchanged what I can only describe as a knowing look that Paynes answer was complete and utter bullshit.

Andrew Laming in Parliament on Wednesday.Credit:Andrew Meares

The week before, I watched on with similar unease when Channel 10 reporter Tegan George literally chased Payne through the halls of Parliament (the minister apparently tried to do a runner instead of a promised doorstop) to put to her this question: Can you understand why Australian women feel disappointed and let down by you?

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A former boss of the Office for Women, Trish Bergin, has suggested that Morrison make the post of Minister for Women a standalone portfolio that maintains its place at the cabinet table, to ensure the portfolio gets the prominence it deserves. I dont disagree, but I imagine whoever is in the role will be hampered by the fact a male-dominated Liberal Party demands the minister prioritise loyalty over speaking sense. And anyone would tire of being hauled out as an apologist for whatever nonsense their male peers get up to.

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Liberals amend Biodiversity Act in the face of industry, landowner criticism – CBC.ca

Posted: at 4:04 am

Gregor Wilson has a blunt assessment of the lobby effort that ultimately brought about an overhaul of the Liberal government's Biodiversity Act on Monday.

"The fear mongering around, 'You're not going to be able to hunt or fish or use trails,' I think, was just silly nonsense from [Forest Nova Scotia] and their coalition," he told a virtual meeting of the legislature's law amendments committee.

Wilson was one of more than 40 people who appeared to speak about the bill, and changes Premier Iain Rankin announced last week, the text of which was onlyreleasedat the start of the meeting.

Those changes, which remove all enforcement action, emergency orders and prevent any application on private land without the voluntary invitation of a landowner, followed an aggressive lobby campaign funded by Forest Nova Scotia that galvanized enough landowners against the bill to get the premier's attention and weaken support for it within his own caucus.

When Rankin announced last week that he would be making changes, he said it was in response to concerns that constituents were voicing to members of his caucus.

But Wilson, who lives in Colchester County and owns woodlots there and in Cumberland County, where he also manages about 600 hectares of recreational property on land his family owns that is open to the public, said the language of the lobby campaign didn't mesh with what he was hearing from landowners.

They shared none of the fears being pushed about a government overreach that would dictate how people could use their land, he told MLAs.

"In fact, I expect the act would help protect some of the places I cherish and hold close to my heart," he said.

For all the people who spoke Monday, about half shared Wilson's view and wanted the bill passed in its original form.

More than one person addressed concerns about heavy fines and a potential loss of rights by pointing to the fact that several bills already on the books have similar enforcement power to what the Biodiversity Act originally proposed. It was also noted that people's rights have been curbed by public health legislation to try to protect the province from COVID-19.

"When a person shows up with a full-blown COVID-19 infection, his rights do not extend as far as to allow him to continue to engage out in society, willy-nilly, as he pleases," said Elizabeth Glenn-Copeland.

"To do so would infect tens to hundreds to thousands of other people. Thus, his small right to have his way is eclipsed by the rights of the many."

But while many presenters argued the crisis facing biodiversity is every bit as much of a crisis as the pandemic, if not more so, that demanded a corresponding response, many landowners raised concerns about the bill's enforcement measures creating undue liability for them should someone do something on their land that violates it.

"We personally have borne the legal and financial consequences of the behaviour of other individuals because we cannot police [4,000 hectares] of land and we have no recourse," said Martha Brown, whose family owns and oversees woodlands in the Musquodoboit Valley.

"The scenarios are endless where we and other private landowners just like us are considered culpable under legislation, even if we are not the violators."

Like others, Brown said the government should focus first on addressing problems on Crown land. Using that example, it might be able to eventually earn the trust of private landowners, she said.

Lack of trust was a recurring theme among people who spoke in favour of Rankin's changes. And people on both sides of the issue pointed to the unfairness of only getting the text of the changes the day they were to present.

Others, like Patrick Wiggins, said the government did itself no favours by using vague language and leaving much of the bill's detail to regulations that have yet to be drafted.

"With the help of pre-existing legislation as well as regulations accompanied with a bill like this, we could have had a home run and a real step toward good change," said Wiggins, executive director of the Federation of Nova Scotia Woodlot Owners.

Instead, he said the bill has sewn division within his organization and across the province.

In the end, after nearly 12 hours, Liberal MLAs passed Rankin's changes, which took more than 10 pages out of the 19-page bill. It will now go back to the House for further debate sometime this week.

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Liberal Democrats and Greens make election pact in a bid to defeat Conservatives in Guildford – Surrey Live

Posted: at 4:04 am

The Liberal Democrats and the Green Party have made a pact to stand aside for each other in all Guildford seats in May's local elections, in a bid to defeat the Conservatives.

The two parties sit together on Surrey County Council in the Surrey Opposition Forum council group.

Lib Dems will put forward candidates in nine of the ten county council divisions in the Guildford borough and the Greens will stand in the remaining division, Shere.

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Catherine Houston, chair of Guildford Liberal Democrats, said: Wherever they live, residents of Guildford borough will be able to vote with confidence for a Liberal Democrat or Green, safe in the knowledge that the candidate they are voting for is the one best placed to beat the Conservatives and to bring about a kinder, fairer and more competent politics at County Hall.

Similarly the Green Party will not stand in the Friary and St Nicolas by-election for the borough council, and the Liberal Democrats will stand aside in the borough by-elections in Pirbright and Send.

Mark Bray-Parry, spokesperson for Guildford and Waverley Green Party, said: The Green Party recognises the benefit to residents of a collaborative approach to politics.

In an election where Covid has put pressure on local campaign resources, we are pleased to have worked with the Liberal Democrats to ensure that residents in key divisions and wards have a progressive and environmentally conscious candidate, regardless of whether that candidate is a Liberal Democrat or a Green.

Currently the political make-up of Guildfords county councillors are: Six Conservative (Ash, Guildford South East, Horsleys, Shalford, Worplesdon and Shere), three Liberal Democrat (Guildford North, Guildford South West and Guildford West) and one vacancy (Guildford East).

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Roberts, Kavanaugh join with liberal justices to rule for woman shot by police while fleeing – ABA Journal

Posted: at 4:04 am

U.S. Supreme Court

By Debra Cassens Weiss

March 25, 2021, 1:11 pm CDT

Image from Shutterstock.com.

A woman who continued to flee after being shot by police has the same Fourth Amendment rights against unreasonable seizure as a person who is detained, the U.S. Supreme Court ruled Thursday.

The high court ruled 5-3 for Roxanne Torres, who said she thought the officers who tried to open the door of her car were carjackers. The New Mexico State Police officers were wearing tactical vests marked with police identification, but Torres said she only noticed their guns.

The issue in the case was whether a seizure happens for Fourth Amendment purposes when an officer shoots someone who temporarily evades capture after a shooting.

The answer is yes, Chief Justice John G. Roberts Jr. wrote in the March 25 majority opinion. The application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person.

Roberts opinion was joined by Justice Brett M. Kavanaugh and the courts more liberal members, Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan. Justice Amy Coney Barrett did not take part in the opinion.

The incident happened in July 2014 outside an apartment complex in Albuquerque, New Mexico, where police had gone to execute a warrant. Torres, who was experiencing methamphetamine withdrawal, drove away after the officers approached her car.

Police fired 13 shots, striking her twice in the back. Torres drove to a nearby apartment complex, where she stole an idling Kia Soul. She then drove 75 miles to another town, where she was hospitalized. Torres was airlifted back to an Albuquerque hospital, where she was arrested.

Torres sought damages for an unreasonable seizure under Section 1983 of the Civil Rights Act. A district court judge tossed her excessive force claim, reasoning that there was no seizure because she continued to flee after being shot.

In his opinion, Roberts stressed that the majority decision is narrow and does not apply to every physical contact between a government employee and a member of the public.

A seizure requires the use of force with intent to restrain. Accidental force will not qualify, Roberts wrote. Nor will force intentionally applied for some other purpose satisfy this rule. In this opinion, we consider only force used to apprehend. We do not accept the dissents invitation to opine on matters not presented herepepper spray, flash-bang grenades, lasers and more.

Roberts said the courts decision for Torres left open several issues to be decided on remand, including whether the seizure was reasonable and whether the officers had qualified immunity.

In a dissent, Justice Neil M. Gorsuch said the majority had disregarded the Constitutions original and ordinary meaning, had dispensed with interpretive rules, and had bypassed the main currents of the common law.

Gorsuch said the majority decision may have been based on an impulse that people such as Torres should be able to sue for damages.

Sometimes police shootings are justified, but other times they cry out for a remedy. The majority seems to give voice to this sentiment, Gorsuch said.

But tasked only with applying the Constitutions terms, we have no authority to posit penumbras of privacy and personal security and devise whatever rules we think might best serve the [Fourth] Amendments essence.

Gorsuchs dissent was joined by Justices Clarence Thomas and Samuel A. Alito Jr.

Hat tip to SCOTUSblog.

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From Liberalism To Secularism, the Battle for Bengal Has Just Begun – The Wire

Posted: at 4:04 am

Voters in Bengal feel quite amused when told that the next assembly elections are all done and dusted. But it is rather distressing to see how personal biases or received wisdom (tonnes of which is freely offloaded in the national capital) masquerading as profound political analysis. Despite what poll surveys tell us, a very tough battle lies ahead, not only for Mamata Banerjee but also for the liberal principles and secular ideologies that the people of the state have prided in.

Bengal is surely a difficult state to conduct elections in I can certify as I had to do it twice and the argumentative Bengalis love to gorge, guzzle and breathe politics. From the early years of the twentieth century, the pistol and the bomb have been romanticised and socially legitimised, as terrorism challenged the might of the Empire in Bengal with the unusual daring, courting the gallows. Then the violent image was reinforced from 1971 when Congress-backed lumpen elements fought Naxalites to force through elections. Since then, every party that controlled Bengals politics or challenged such control resorted to violence, large or small.

Also read: Whats Determining the BJPs Prospects in West Bengal?

Violence surely makes it to the headlines, irrespective of what the desk had planned earlier. But while equally problematic states where bullets and bombs fly around even more, and long lathis crack skulls so effortlessly, manage well enough with one or two phases of polling; West Bengal has to suffer eight long phases. It has, after all, consistently voted against the ruling party in Delhi, for 44 years at a stretch. Of course, the prolonged electoral process does help those who have to fly in from outside to campaign, one zone at a time.

In the 2014 Lok Sabha elections, Mamata Banerjee was among the few who could successfully halt Modis juggernaut and she actually added 27 seats to her kitty in the next state assembly elections of 2016. Her Trinamool Congress (AITC or TMC) secured 211 out of the 294 seats in that election, while the BJP managed to win just three seats. So, where is the challenge?

BJPs Bengal push

Well, a lot of water has gone under Howrah Bridge since then, and though she managed to stave off the second Modi wave in the Lok Sabha polls of 2019, her party was left badly battered. She clawed her way to retain 22 of the 42 parliament seats, while the BJP shot through the roof to secure an incredible number of 18 MPs in place of only two that it had won earlier. It was almost as if the BJPs slogan Unishe half, Ekushe saaf (halve TMC in 2019, finish it off in 2021) was coming true.

The BJPs vote share also went up by a whooping 22.7%, to equal the 40% that TMC had secured in the last Lok Sabha election. Mercifully, for the TMC, it managed to garner an additional 3.5% in 2019, which gave it its 22 seats. It was quite a photo finish and while Narendra Modi has surely tasted blood, the perennial street fighter is far from over. Her TMC is desperately fighting to improve its position, based on her reasonably good execution of welfare schemes.

Prime Minister Narendra Modi in West Bengal. Credit: PTI/Files

Mamatas micro-management has been quite obsessive and she is also banking on the Modi magic dimming, as it does, in state elections. But Modi is not only splattered all over the place but has made more visits to the state in weeks than he has done in several years. And the BJP has pulled out its entire reserve force as if the other three state elections do not matter. It is using the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI) and Income Tax to bludgeon opposition and engineer defections, but convictions are next to nil. It is surely splurging much more than the state has ever seen and that matters.

The BJP has also capitalised on Mamatas autocratic manner and corruption issues to whip up a strong anti-incumbency breeze. This is stronger than what the Left could achieve with its consistent attacks, but one is not sure whether to call it a wave. Mamatas elected representatives have surely antagonised voters by demanding cuts from welfare schemes and enriching themselves from illegal mining of sand and coal. Sadly, Bengal has neither granite or other major minerals to finance ruling parties, nor huge infrastructure projects for cronies to feast on and also contribute to the regime. Hence, corruption in Bengal is on the MSME model rather than, say, the Bellary one.

We seem to have forgotten that the Communist Party of India (Marxist) and the Left Front had ruled the state for 34 years. Well, in 2019, the party was almost wiped out as all its candidates lost and it could not secure the second position in any of the 294 assembly segments. Its overall vote crashed to just 6.3% in 2019 from its earlier historic levels of 30 plus to less than 20% in 2016. The Congress has been systematically bled by its own breakaway party, TMC, and relations are bitterly hostile. It managed, however, to send two MPs to the Lok Sabha in 2019, even as its vote share plummeted to barely 5%.

Many had expected that the three secular parties would either stand up together against the most deadly challenge from communal forces after Jinnah and his Great Calcutta Killings of 1946. It is puerile for any of the three to complain about being victimised by the other(s) as every one of them has indulged in violence when in power. In fact, the present colossal size of the BJP in Bengal is indirectly Mamatas contribution, as her partys goons tormented local leaders of the Congress and the Left, filed false or exaggerated police cases (before an ever obliging police administration) and drove them away from their homes.

Many of those attacked were also musclemen, but the cumulative result was that almost all of them took shelter under the centrally-protected BJP, that constantly flashes the Union home ministrys biceps. To add to the pandemonium, the Congress and the Left have buried their blood-stained hatchets and formed a Third Front to fight primarily the TMC, the bte noire.

A new divide along linguistic lines

While a demoralised, confounded Congress, abandoned by its central leadership, focuses desperately to retain its traditional base in middle Bengal, the CPI(M), led by its intellectual brigade, has unleashed a bitter war on the TMC, as if the BJP threat hardly exists. Communists have tapped into youth power and crafted innovative slogans, songs, memes and lampoons heckling the TMC much more than the BJP. The BJP surely profits from this divide in secular votes and we must thank the Marxists if the BJP romps to power. They will, of course, then spend several debating days to deliberate on yet another historic mistake. And this Left-Congress combo has (hold your breath!) tagged along with a new Muslim party led by a 24-year-old rabble rousing hereditary religious leader from the very-famous Furfura Sharif in Hooglhy.

Also read: We Cannot Ignore the Lefts Role in Fostering Soft Hinduisation in Bengal

Obviously, it will cut into the 27% plus of Muslim votes that Mamata has been wooing to the point of making it a major electoral issue. The Bengali Muslim is hardly swayed by the Urdu oratory of, say, an Owaisi who wisely decided to stay away. A section of Bengals Muslims must have taken it too easy or else the BJP could not have got away with Lok Sabha seats in Muslim-dominated Malda, Raiganj and Balurghat. A large section has also supported the Congress and the Left, but with such an unprecedented threat from the BJP, it is likely that they may seriously back Mamatas TMC.

Incidentally, at the time of Indias partition, the east did not witness the bloodbaths of Punjab and there is more in common among the Bengalis of both religions than in the west. Over the next decades, however, lakhs of refugees streamed in, but the Communist parties played a sterling role in de-communalising disgruntled displaced masses. They needed them for class wars and political agitations. Even the most optimistic secular Bengali will, however, admit there has been an unbelievable polarisation, especially of Hindus.

It does not matter whether the local bhakts are victims of non-stop exaggerated, one-sided propaganda or whether they seek the uterine comfort of blind, non-thinking political guruvad that is doled out by an irresistible demagogue. Many nurse a deep rooted hatred for the corrupt leaders of the TMC and are prepared to invite communal forces to combat it and it is a small mercy that communal incidents have not been ignited, not yet.

But voters here are certainly not amused when they are informed that they now suffer from regional parochialism. This hurts, as Bengal is one of the very few states that has rejected regionalism rather vigorously, consistently for over seven decades. But many rural voters can hardly understand much of what the prime minister, the home minister and leaders like Adityanath say in Hindi even though they flock to see these TV characters alight from helicopters and address them.

If, say, Gujaratis who can hardly understand what Telugus say are not branded parochial, there is no reason why Bengalis should be if many dont understand Hindi. Why Bengals own Bharatiya Janata Party (BJP) leaders do not lead the charge is not clear and this unprecedented PM/HM-led campaign has all the pitfalls of a centrally-sponsored scheme that invariably ignores local traditions.

Bengalis have, however, lesser angst against Hindi than Tamils, and they can easily massacre Hindi pronunciation, accent, gender and grammar quite adroitly. Even so, one is really not sure that they would be delighted to be an extension of a Hindi-Hindu-Hindutva world. An extremely worrisome phenomenon is a new divide along linguistic lines and the swagger that accompanies both sides. This has hardly ever been seen before and must be cured the soonest.

Also read: Ground Report | What Happens in Bankura Will Decide What Happens in Bengal

True, Bengalis are passionately attached to their language and their fellow speakers in the east, now called Bangladesh, sacrificed more than 30 lakh lives for it. This does not, however, condone the incorrigible habit of speaking in Bengali among themselves, when others present do not understand. And, while more sensible folk elsewhere made money, many Bengalis remained fixated with culture, literature, songs, revolution and such other terribly uneconomic vocations. Thus, when their icons like Tagore, Vivekananda or Netaji are tossed around flippantly for votes and subjected to sacrilegiously wrong descriptions by the powers that be, there is an expected hue and cry.

Whether the mainly-liberal ideals that were injected into most educated Bengalis over the last two centuries will hold on against a tsunami of men, materials and money is yet to be seen. Civil society that usually exerts only a moral pressure from a distance has, however, jumped into the fray this time somewhat like liberals in America and are leading an active No vote to BJP campaign. But we also have to remember that a BJP, flush with crony-funding, views electoral results only as indicating the base price above which MLAs are to be bought, to form governments. There is, however, quite some time left for that. A week, Harold Wilson had once said, is a long time in politics. Six weeks are, thus, oceans of time for political history to traverse.

Jawhar Sircaris a former culture secretary, Government of India. He tweets at@jawharsircar.

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Ive really struggled: Federal Liberal MP reveals personal grief as motivation for changing course on quotas – Sydney Morning Herald

Posted: at 4:04 am

Events culminated this week when a Coalition staffer was sacked after videos of him masturbating on the desk of his then-boss, a federal female Liberal MP, were leaked to the media.

Ms Wicks said the culture drastically needed changing and endorsed a speech by Labor MP Madeleine King, who earlier told the House that if the Federal Parliament could change its culture it could help bring the systemic abuse of women and domestic violence to an end.

Ms Wicks said the last five weeks had forced her to confront experiences that had been deeply buried.

One of the things I recognised during that week as I really grappled with this, was a recognition that certainly in my own life, I had seen so many instances of when I raised a problem and said something was not OK, too often I became the problem I was made to be the problem, she said.

And I dont think Im alone in this and when you have instance after instance of that you almost come to agree with the lie that silence keeps you safe.

But silence doesnt keep us safe so its an important moment to be having this conversation to break that silence so we can actually look at what changes we need to make in order to not only end the cycle but reverse it.

I realised that my own voice had been silenced as a result of what I had experienced, and my determination since that moment is that my voice will not be silenced, and I will use all those experiences to do what I am able, serving in this Parliament to help create change for good, change in the Liberal Party, change in our parliament, change in our workplaces, change in our communities and change in our homes around the nation.

Ms Wicks said this was also the reason for her change of heart on the Liberal Party adopting quotas, which she and a growing number of female MPs as well as the Prime Minister are now publicly endorsing despite the partys long-held opposition to affirmative action measures first adopted by Labor in 1994.

Ms Wicks is a member of Mr Morrisons inner circle and says she has shared some of her personal history with the Prime Minister, as well as her thoughts on how the government can be better responding to the issue.

She says introducing quotas is one step.

If we havent got it right over 20 years its probably time to shift the conversation and look at quotas and merit-based selection, Mrs Wicks said.

I think we can do it, I think we should do it quickly and I think we should do it in time for the next federal election.

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Asked if Liberals were staging an about-turn on the issue as a way of providing the Prime Minister with a way out of the scandal engulfing the government ever since Ms Higgins came forward with her claims, Ms Wicks said backing quotas was a positive and first step, but also a big for step for the Liberal Party.

Ms Wicks said the Prime Minister was genuine about trying to change the culture and the treatment of women but that it couldnt be fixed quickly or by Parliament alone.

Its going to be a long conversation but I think its a conversation the Prime Minister is having, will have and will continue to have, hes determined to keep listening and learning, she said.

Asked why the Prime Minister had faced such fierce criticism for his response, Mrs Wicks said the issue was not easy to navigate for any leader.

Its incredibly hard to get right because its incredibly confronting because as a leader you have to hold the pain of a nation, thats really hard to do but I think he is genuinely listening and learning.

Latika Bourke is a journalist for The Sydney Morning Herald and The Age, based in London.

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Don’t rock the boat – Block Island volleyball’s match at Central Falls called off because of … wind? – The Providence Journal

Posted: at 4:03 am

When a high school game gets postponed and theres not eight inches of snow on the ground, the first thought is COVID.

Friday, a game got canceled because of wind and this wasnt an outdoor sport.

The Block Island girls volleyball team was scheduled to make a trip to Central Falls to take on the Warriors, but CF athletic director Anthony Ficocelli tweeted the game would be postponed because of the expected high winds in the forecast.

Central Falls plays indoors, so the issue wasn't with windaffecting the actual game. High winds meanrough seas, which led to theBlock Island Ferry changingits schedule, so therewould be no late boat home for the Hurricanes on Friday.

In the past, it wouldnt have been an issue; Block Island girls volleyball team did a few overnight stays during its run to the Division III finals in 2019.

More: Block Island battles to compete with the state's best

But in COVID times, the Block Island School doesnt want its athletes staying overnight. So a canceled ferry means no game.

The good news for the Hurricanes and the Warriors is the game wont be canceled outright. While no official date has been set, there are plans to make the game up later in the season preferably when theres clear skies and no breeze to speak of.

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Don't rock the boat - Block Island volleyball's match at Central Falls called off because of ... wind? - The Providence Journal

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Class ACT moves online and into Neverland | Arts And Community | goskagit.com – goskagit.com

Posted: at 4:03 am

Over the past few weeks, young children across Anacortes have been turning into fairies and pirates, taking to the high seas and navigating around the far-distant Neverland.

A total of 89 children between kindergarten and fifth grade are taking part in Adventures in Neverland, a Class ACT program.

The program, part of Anacortes Community Theater, had to take on a different format this year as part of staying safe during the pandemic. What started seven years ago at one of the elementary schools this year went virtual and included students from all three elementary schools participating together.

Weve had kids who have been in this program for years, Class ACT Coordinator Willow McLaughlin said. The younger ones are so excited to get to third grade, because in third grade you get lines. We had to find a way to do it this year.

Adventures in Neverland, based on the Peter Pan stories and written by McLaughlin, is comprised of four short stories, each featuring nine or 10 students from third to fifth grade.

Those in kindergarten to second grade learned songs and motions via video. Their parents are recording them individually, and then McLaughlin edits the videos together to make a chorus.

The older students each met, practiced and played games in breakout rooms on Zoom. Their teachers recorded their stories that way, with students turning their cameras on and off when they were exiting and entering the stage. Anyone who was supposed to be at the front of the stage would lean close to the camera and so on.

I was concerned that the students wouldnt be as motivated without an audience in front of them, teacher Rebecca Pursley said. It actually suited some of them; they felt more comfortable when they werent up on a stage.

To cast the shows, all 39 older students gathered in small groups, and teachers challenged them to some theater games.

In A Personal Fairy, directed by teacher Abigail Hanson, young Michael Darling is out to find his own, special fairy. During his quest, he meets several fairies and other characters.

The Great Race, led by Pursley, is similar to the story of the tortoise and the hare. Peter Pan, so confident about his abilities, challenges sea creatures to a race and things dont go as well for him as he thought they would.

Teacher Mike Jenkins took on Staying Lost, a story in which the Lost Boys find a treasure map and set off to find that treasure.

Wendy and the Pirate, was led by McLaughlin. It follows Wendy Darling as she takes on Captain Hook because she wants to lead the pirates.

The young actors really took to the parts they were given, Hanson said.

We have at least three different accents coming from our fairies, she said.

The pirates, too, took on physical comedy in new ways as they performed in front of a computer, McLaughlin said.

The kids miss this sort of creative interaction and flourished with the chance act again, Hanson said. They arent the only ones who have missed interacting and performing, she said. She jumped at the chance to lead the classes again, even though things look different this year.

She has been a teacher with the program for a few years now, and it is one of the reasons she switched her major to theater education in college, she said.

I love to see their joy as they discover theater, she said.

Even though things were online, the actual classes didnt feel much different, Hanson said. The young actors showed up with enthusiasm and worked hard.

Pursley is a retired classroom teacher and she said doing Class ACT brings out different things than she saw in the classroom, such as a new expressiveness in the kids.

It also helps students learn what it means to be a team, Pursley said.

You have to work together to make everyone look good, she said.

Jenkins said he misses theater, too. Doing virtual theater isnt the same as being on stage, but being with kids, acting and directing are all things he loves.

If this is what we have, this is what Ill take and make the best with it, he said.

Everyone wishes the performances were in person, but there are definite advantages to doing things online, McLaughin said.

Parents have often said they cant see their kids well during productions or that they have a hard time hearing. In a virtual show, everyones faces can be clearly seen and everyone can be heard, she said.

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Ever Given: Legal and Insurance Implications – The Maritime Executive

Posted: at 4:03 am

Courtesy Suez Canal Authority

By Philip Teoh 03-28-2021 05:18:00

As the saga of Ever Given and the salvage efforts continue to unfold, the longer term effects bear examining.

The fragility of trade routes - which have been sorely tested by disruptions caused by Covid-19 and a shortage of containers - were once again exposed when the large container ship Ever Given ran aground while transiting the Suez Canal on March 23, lodging herself against both banks.

The ship is about 400 meters in length, roughly equal to the height of the Empire State Building, and she is capable of carrying about 20,000 TEU. She is owned byShoei Kisen Kaisha(a subsidiary of Imabari Shipbuilding)andtime charteredand operated byTaiwanesecontainer lineEvergreen Marine..Ever GivenisregisteredinPanamaand technically managed by the German ship management company Bernhard Schulte Shipmanagement.

The ships large size has covered the entire width of the canal, holding up vessel traffic for days. This is causing knock-on effects on the movement of cargoes globally, as 12 percent of global trade is carried on board ships using the canal.

The blockage has caused vessels backed up in the Mediterranean to the north and the Red Sea to the south. It is estimated that the costs to global trade is estimated to be about $400 million per hour, based on the approximate value of goods that move through every day, according to Lloyds List.

The effect on the global supply chain due to the incident will also result in insurance claims. The claims will not come only from cargo on board the Ever Given but from cargoes on ships which will be delayed due to inability to transit the canal. Many of these ships face a difficult decision over whether to wait or to divert around the Cape of Good Hope, which is a longer and costlier voyage.

Cargo insurance

The availability of recourse against marine cargo insurance policies is also not a given as most marine cargo insurance does not cover losses due to delays. Delay will arise for vessels already near the entrances to the canal where the vessels decide to wait for the blockage to clear. Vessels that decide to divert from their planned voyage to take the longer route through the Cape of Good Hope will arrive later than their planned schedules.

Most cargo insurance policies adopt the Institute Cargo Clauses issued by the Institute of London Underwriters Wordings. These wordings adopt the choice of English law and practice. This means that the terms of the UK Marine Insurance Act 1906 will apply. Most of these policies are of the all risks type, and delay is excluded, per Cls 4.5:

4.5: loss damage or expense caused by delay, even though the delay be caused by a risk insured against

This would apply unless the policy is amended by endorsement to remove this exclusion, which would be the reasonable and prudent action for the assureds to take.

Salvage and General Average

The Ever Given can carry up to 20,000 TEU of cargo on board. Unless the ship is freed the container cargoes cannot safely proceed to its final port in Rotterdam.

The efforts to refloat the ship and to undertake any repairs so that the ship and cargo can safely continue its voyage will form part of general average.

General average is part of the law of the sea founded on equity. It formed part of the Rhodian law, was based in earlier custom and existed many centuries before the existence of marine insurance. Rhodian law provided that, when cargo was thrown overboard to lighten a vessel, that which had been given for all had to be replaced by the contribution of all.

The most often cited legal definition of general average is all loss which arises in consequence of extraordinary sacrifices made or expenses incurred for the preservation of the ship and cargo losses within general average, and must be borne proportionately by all who are interested.

The cargo insurance of these container cargo on board is covered by the marine insurance cover using the English Forms, as above. See Clause:

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

Lessons can be learned from the Malaysian Federal Court decision of Fordeco Sdn Bhd v PK Fertilizers Sdn Bhd.The Court held that four elements are essential to establish a contract of salvage (as opposed to a contract for the provision of towage, pilotage or the carriage of goods):

(i) there should be a recognised subject matter; (ii) the object of salvage should be in danger at sea; (iii) the salvors must be volunteers; and (iv) there must be success by either preserving or contributing to preserving the property in danger.

In the case, the vessel was on a voyage from Ain Sukhna, Egypt to Lahad Datu, Sabah, carrying a cargo of about 22,000 metric tonnes of rock phosphate in bulk. The vessel grounded on coral rocks, and both the vessel and the cargo were in peril. The cargo was owned byPKFertilizersSdn Bhd (the cargo owner) who was the plaintiff in the High Court and the respondent in the Court of Appeal and before this Court.

The mode of rescuing the stranded vessel was to lighten it, so that it could be refloated and continue on its journey. The lightening of the vessel in turn meant that cargo had to be offloaded. It could not simply be jettisoned because that would give rise to marine pollution. The cargo had to be offloaded onto other vessels in order to lighten the load on the vessel.

The master could not refloat the vessel without assistance. He notified the vessel owners, and the owners declared general average and took steps to refloat the vessel. This was done by discharging a part of the cargo on board the vessel onto two other vessels - one of which belonged to the defendant - until the vessel could be refloated. In order to procure the lightening of the load on board the vessel, the owners agents sought the assistance of a tug boat operator.

When the cargo was unloaded at a port in Sabah, a portion of the cargo was found to be wet and contaminated with debris. The plaintiff brought a claim in bailment and/or negligence against the defendant. The plaintiff contended that the defendant was a sub-bailee of the cargo and thus the defendant had a duty to deliver the cargo in the same condition as the defendant had received the cargo - rather than wet and contaminated with debris. The defendant, on the other hand, contended that the operation was one of salvage and not a contract of carriage of goods - thus, it was not in breach of any obligation to the plaintiff.

The questions of law which the federal court following the leave to appeal which had been obtained included:

Where a vessel had run aground on the high seas and the owners of the vessel had declared general average in respect of the cargo, whether the rescue operation to save so much of the cargo as possible by other vessels hired for that purpose would in maritime law be classified as a salvage operation?

The court held there was no dispute that general average was declared, accepted and that the cargo owner voluntarily contributed towards general average. It follows therefore that the cargo owners agreed and accepted that there was a common jeopardy or misadventure that affected the common interest of the parties involved, warranting the incurring of expenditure beyond the agreed contractual duties.

The next issue that falls for consideration is whether, general average having been declared, it would follow definitively that the contract for the rescue and refloatation of the vessel through the discharge and transport of the cargo on the vessel carrying the cargo, was one of salvage, rather than towage or carriage of goods

The adjustment of general average will proceed under the procedures set out in the York Antwerp Rules, which will apply through incorporation in the bills of lading of the carrier.As the efforts are still continuing, the legal and claim issues will come to fore later, after the ship is freed. It is clear that the saga of Ever Given will continue long after the canal is cleared.

Philip Teoh has been in legal practice in Singapore and Malaysia for the past 31 years, handling both contentious and non-contentious areas. He is the partner heading the Shipping, International Trade, Insurance Practice in Azmi & Associates Malaysia. He is an arbitrator with the key International Arbitration Centres of LMAA, SCMA, EMAC, ICC, LCIA, AIAC andKCAB, amongothers.

The opinions expressed herein are the author's and not necessarily those of The Maritime Executive.

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Ever Given: Legal and Insurance Implications - The Maritime Executive

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