The impact of infectious diseases on populations all over the world has long been recognized as an imminent global crisis.[1]The 21st century has seen an increase in outbreaks of emerging infectious diseases ("EIDs"), which threaten the health and safety of citizens all over the globe.[2]EIDs are diseases that have "recently appeared in a population or have already existed but are rapidly increasing in incidence or geographic range,"[3]which explains the widespread fear such disease outbreaks can incite. However, despite how many times EID outbreaks have made global news headlines in contemporary history, the international community has struggled to adequately respond, leaving vulnerable populations at risk. Many factors contribute to the disproportionate impact of EIDs on vulnerable populations, including those stemming from disparities regarding poverty and gender. Socioeconomic status influences health, to the point where "poverty breeds disease and ill health leads to poverty."[4]Data on gender differences in infectious disease outbreaks also show that disease does not affect everyone equally.[5]Although both men and women suffer from different diseases due to biological inequalities and social differences,[6]women are particularly vulnerable due to the lack of attention and integration of women in global health policies and management strategies of EID outbreaks. One case study that demonstrates the disparate impact on vulnerable populations during EID outbreaks is the current Ebola Virus Disease ("EVD") outbreak in the eastern region of the Democratic Republic of the Congo ("DRC"). This outbreak began in August 2018 and has grown to become the second largest EVD outbreak on record.[7]As observed in the 2014–2016 West African EVD outbreak and other large-scale EID outbreaks such as Zika or SARS,[8]the 2018 Eastern DRC EVD outbreak has had a significant impact on women. While research has been conducted on "diseases of poverty" and the vulnerability of women in EID outbreaks, the preference to deal with the immediate outbreak instead of addressing more systemic societal concerns forgoes the focus on the individual and their human rights. As a result, little has been done to bring in a human rights perspective to the management and response mechanisms of such outbreaks. A human rights perspective not only brings to the forefront these core issues of inequality, but also introduces supplemental and useful tools for considering how to achieve the most effective response to these emergencies. The first section of this paper provides an important background to the relationship between poverty, women, and EIDs by considering both legal and public health perspectives. The second section analyzes the role of women in global health, particularly in responses to EIDs, by examining how women have been impacted in past EID outbreaks and the current 2018 Eastern DRC EVD outbreak as a case study. Finally, this paper concludes with a discussion of how global health policymakers and healthcare professionals can address this gap by applying a gendered lens to EID outbreak management. Background The human right to health as a foundation for addressing inequality in poverty and gender As human rights have developed throughout history, the issue of health has consistently been regarded as a core, fundamental human right.[9]Beginning with the United Nations ("UN") Charter (1945), this emphasized the need for international cooperation in Chapter IX, particularly for finding solutions to health problems.[10]In 1946, the World Health Organization ("WHO") Constitution declared that the objective of the WHO is the "attainment by all peoples of the highest possible level of health."[11]In 1948, the Universal Declaration of Human Rights ("UDHR") referenced this same objective for health in Article 25(1): "everyone has the right to a standard of living adequate for the health of himself and his family, including food, clothing, housing and medical care, and necessary social services . . . ."[12]In 1966, the International Covenant on Economic, Social and Cultural Rights ("ICESCR") stated in Article 12: "The States Parties . . . recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health"[13]and to achieve this, highlighted the "prevention, treatment and control of epidemic, endemic, occupational and other diseases"[14]as a vital prerequisite for success. The drafting history of this provision demonstrates that the object and purpose of this provision was to obligate States to address the prevention of disease and malnutrition, two major factors which pose obstacles for achieving health for all.[15]Additionally, the Committee on Economic, Social and Cultural Rights ("CESCR") General Comment 14 further explained ICESCR Article 12(2)(c), stating that "The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations"[16]and "[t]he control of diseases refers to States' individual and joint efforts to . . . make available relevant technologies, using and improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control."[17]With these core international instruments, basic standards of health, treatment, and particularly disease management all set the stage for a baseline of States' obligations to respect, protect, and fulfill the right to health. Currently, the Sustainable Development Goals ("SDG") also highlight the right to health. In SDG 3.3, States' target to end "the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases . . . ."[18]is particularly relevant because neglected tropical diseases ("NTDs") are a subset of EIDs and mainly affect the poorest populations in the world.[19]SDG 3.c to "substantially increase health financing and the recruitment, development, training and retention of the health workforce in developing countries, especially in least developed countries . ." and 3.d to "strengthen the capacity of all countries, in particular developing countries, for early warning, risk reduction and management of national and global health risks"[20]are both also important goals for addressing the disproportionate disease burden on States that currently lack the capacity to respond to health crises such as EIDs. These goals, voluntarily assumed by States, continue to build upon the human rights foundation of the right to health and further solidify the importance of addressing health through a human rights framework. Just as the right to health has been established through international treaties, women's rights have also been protected through Article 12 of the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which "obligates States Parties to eliminate discrimination against women in the field of health care and to ensure women access to appropriate services in connection with pregnancy."[21]Like the CESCR, the CEDAW Committee further explained the importance of protections for women's health through its General Recommendation regarding CEDAW Article 12, stating that the "duty of States parties to ensure . . . access to health care services, information and education implies an obligation to respect, protect and fulfill women's rights to health care."[22]Additionally, another CESCR General Comment addresses women's health in particular by articulating "State obligations as including identifying how gender roles affect health and removing legal restrictions on reproductive health, among other things."[23]These international treaty provisions demonstrate the importance of protecting the right to health especially as it applies to women. Poverty as a determining factor of health outcomes in EIDs Poverty is a main determining factor of EIDs in communities[24]because "poor health and poverty are intertwined in developing countries. Poverty breeds disease and ill health leads to poverty."[25]With almost 900 million people living in extreme poverty[26]across the globe, understanding how poverty and disease are related is urgent.[27]Poverty is an important factor which contributes to more opportunities for infectious diseases to impact humans.[28]NTDs are a subset of EIDs which particularly thrive and persist under conditions of poverty.[29]One disease example is tuberculosis ("TB"), which is often described as a "disease of poverty" because it is "significantly associated with poor housing, low literacy and nutritional status, and lack of access to health services."[30]NTDs are often called infectious diseases of poverty and are the result of the "complex interaction of biological, social, and environmental factors [because they] disproportionately affect poor and disadvantaged populations in which the poverty context reinforces risk and vulnerability."[31]This is compounded by the fact that disease "control tools such as drugs, vaccines, and diagnostics often do not reach the populations that most need them because of social issues . or because they are ill adapted to the cultural, social, and economic realities in which people live."[32] Another connection between poverty and disease is that since EID outbreaks such as the 2014–2016 West African EVD outbreak, the 2015–2016 Zika outbreak, and the current 2018 Eastern DRC EVD outbreak can have a very significant impact on a community, they can essentially reach the level of a crisis or disaster. When disasters hit, people living in poverty are much more vulnerable.[33]On top of this, women make up approximately 70% of people living in poverty worldwide, so this indicates that overall, women are more likely to be affected by disasters in poverty-stricken areas.[34] Gender as a determining factor of health outcomes in EIDs Another key determinant of health is gender.[35]The term "gender" refers to societal and cultural factors that are different between traditional male and female roles.[36]Studies on the relationships between sex and gender to infectious diseases have been conducted across a variety of disciplines, which has actually acted as a barrier to application of this research in outbreak settings because each discipline tends to work in isolation.[37]Thus, to fill this gap, it is important to integrate a gendered lens into outbreak response and management. Disease does not affect men and women equally.[38]Women are a particularly vulnerable group because they "disproportionately bear the burden of poverty and disease."[39]Thus, vulnerability is deeply gendered.[40]Not only do over 80% of women in the world live in low- or middle-income countries,[41]putting them at higher risk for more EIDs, women also live longer in general. Over a lifetime, the "social context of women's lives place exceptional burdens on the quality of life lived." Understanding the pre-existing biological and socio-cultural conditions in which women live is an important foundation for understanding their vulnerability in crises and disasters. Risks related to health concerns from cooking fumes in the home and complications with pregnancy "overlap with developing countries and are exacerbated in the contexts of poverty combined with conflict . [and] such risks are further aggravated in situations of humanitarian crisis."[42] State and international core obligations to protect health for all Although there are international instruments protecting health, given the vulnerabilities of those living in poverty, especially women, it is not surprising that many States lack the capacity to "progressively realize and ensure that a minimum core of a properly functioning health system and infrastructure . exists for people to gain access to health services."[43]While States are required to "take all appropriate measures subject to available resources,"[44]to prevent diseases, the States that experience the most NTDs "are least able to counter the existing imbalance in disease prevention research and development."[45]The lack of capacity in many States in the Global South has been attributed to "historical vulnerability from slavery, colonialism, neocolonialism, bad governance, and neoliberal reform policies like structural adjustment."[46]In addition to States' obligations, there is also an "obligation of international co-operation under the right to health."[47]If a State lacks capacity, the international community is called upon to address this problem via a 'collective responsibility.'[48]The ICESCR addressed collective responsibility, stating that States should realize the rights in the Covenant "individually and through international assistance and co-operation, especially economic and technical."[49] Case study on the 2018 DRC EVD outbreak The most recent EVD outbreak began in August 2018 in the eastern region of the DRC, originally concentrated in North Kivu and Ituri provinces.[50]It has since grown to be the second largest EVD outbreak on record, the largest being the 2014–2016 West African EVD outbreak.[51]Although this is the tenth EVD outbreak to take place in the DRC, there are many factors which differentiate this outbreak from those in the past.[52] First, past outbreaks in the DRC have not been concentrated in the eastern region of the DRC. This region has been a conflict zone for decades and violence continues today.[53]Compared to the 2014–2016 West African EVD outbreak, North Kivu province houses an even denser population than Guinea, Liberia, and Sierra Leone combined, and also shares borders with four more provinces and two other countries.[54]This subregion of the DRC has a history of insecurity and presence of well over one hundred active non-state armed groups,[55]which still remain in the region after conflicts such as the DRC independence in 1960, the bordering 1994 Rwandan genocide, and the civil war that established the regime of recent President Joseph Kabila.[56] In the broader context, the history of the DRC has not provided a backdrop conducive to effective management of deadly EIDs. Centuries of colonialism led to decades of armed conflict, which continues today and has spread deep-rooted mistrust for the government across the country, especially in the Eastern DRC.[57]The DRC is also one of the three poorest countries in the world, despite its rich natural resources, so while colonialization may no longer be an issue, there is still an ongoing presence of exploitation.[58]These elements all contribute to the context in which the current 2018 Eastern DRC EVD outbreak is taking place, which is important to understand for the purposes of analyzing the impact of EIDs on women in poverty. Women play an integral role in global health and applying a gendered lens in all levels of EID responses provides better protections for women and more effective management strategies of EID outbreaks The role of women in global health Informal caregivers The 2014–2016 West African EVD outbreak began in December 2013, but in just eight months, data reported that "55-60% of all Ebola fatalities in Guinea, Liberia, and Sierra Leone were women."[59]Additionally, news headlines asking "Why Are So Many Women Dying from Ebola?" revealed that "women in Ebola-hit countries do not enjoy the promise of equality called for under human rights law."[60]Since increased risk in transmitting EVD comes from basic day-to-day interactions, traditional gender roles put women in especially vulnerable positions.[61] One role that women in many societies fill is that of the caregiver in the home. This societal expectation for women to care for the family greatly contributes to the disproportionate impact that EIDs such as EVD and HIV have on women.[62]For especially fatal diseases such as EVD, women are not only caring for more individuals, but the work is also laborious and dangerous because the disease is spread through direct contact with bodily fluids.[63]This is a particular challenge because often the intensity of the care given at home is equal to that given at a health care facility, yet not all women are formally trained health care professionals.[64]There is a gap in education and important information for women as informal caregivers, which further perpetuates the disparate impact of EIDs on women. As caregivers and due to traditional gender roles, women are also often heavily involved in the mourning and burial rituals once their loved ones have died and they are the "ones to perform funeral rites such as washing bodies and preparing them for burial."[65]During the 2014–2016 West African EVD outbreak, one area of Sierra Leone reported that as many as 365 deaths were connected to one funeral, and when the outbreak first began in Guinea, approximately 60% of all EVD cases were connected to traditional burial practices.[66]Since EVD is still transmissible after death and women play such a prominent role in these rituals, their gender role as caregiver and mourner puts them at a disproportionately higher risk of infection.[67] Additionally, while women in many societies are seen as the primary caregivers in the household, when they fall ill the roles are not reversed. Instead of the men taking care of the women, other women in the community are responsible for caring for each other.[68]This is partially due to socio-cultural aspects of what are appropriate roles for men and women, and also contributes to women being more vulnerable to EIDs. Nevertheless, while the role of women as caregivers is clear, in past EVD outbreaks it is shown that "men dominated informational meetings on the disease,"[69]leaving out the key voice of women and putting them in a vulnerable place without adequate information or agency to voice their concerns during these discussions. Health workers The healthcare workforce is also a vulnerable population during EID outbreaks due to the nature in which the disease is spread, such as EVD. Since EVD is spread through contact with bodily fluids once the patient has started to show symptoms and even after death during burial, the level of close contact that healthcare workers have to infected patients puts them higher risk of transmission. Healthcare workers are between 21 to 32 times more likely to be infected with EVD than the general adult population during an outbreak.[70]Especially in countries where the healthcare workforce is already scarce (i.e. West African countries during the 2014–2016 West African EVD outbreak), losing healthcare workers to EVD is especially challenging for effective management of the outbreak.[71] While men often perform higher-level healthcare positions such as doctors due to gendered differences in education levels, women also play a very important role in the healthcare workforce. In almost all countries, the nursing staff is predominately female, and nurses make up a considerable amount of the healthcare workforce.[72]For example, during the 2014–2016 EVD outbreak in Sierra Leone, 70% of the healthcare workers were nurses and midwives.[73]The work conducted by nurses differs from doctors because nurses are often the healthcare workers who are in direct contact with the most patients, making them more vulnerable to contracting diseases.[74]The WHO reports that "nurses and nurse aids account for more than half of all health worker infections."[75]As a result, since nurses are overwhelmingly female and the duties of nurses put them at higher risks of contracting diseases, "the occupational exposure of nurses can be considered a gender related exposure."[76] Another important consideration related to the high infection rates of healthcare workers is that a decrease in healthcare workers also results in a decrease in availability of health care services for women.[77]This is especially significant in States that already lack adequate health infrastructure and resources. Because women already experience many health inequalities, disasters such as EID outbreaks only exacerbate them further.[78]Especially given the specific provisions under international law to protect women's health, the lack of available health care services for women due to a decrease in healthcare workers is a serious concern. Global health security requires a gendered lens to adequately address the disparate impact of EIDs on women Global health security recently emerged in the 21st century. It expands upon the definition of public health security[79]and also includes "the health consequences of human behavior, weather-related events and infectious diseases, and natural catastrophes and man-made disasters . . . ."[80]Also, "public health emergency preparedness" brings in an additional legal aspect, in both a proactive and reactive manner to best prepare and respond to such emergencies.[81] Because women play such an integral role in global health and are greatly and differentially impacted by EIDs, it is important to consider these issues with a gendered lens. The CESCR recognized this by recommending that States "integrate a gender perspective in their health-related policies, planning, programmes and research in order to promote better health for both women and men [because] a gender-based approach recognizes that biological and sociocultural factors play a significant role in influencing the health of men and women."[82]Thus, women are a key voice that should be "included at all levels of planning and operations to ensure the effectiveness and appropriateness of a response."[83] However, though these recommendations have been made by many international actors, little has been done to integrate women into global health security responses. During the 2014–2016 West African EVD outbreak, women were "invisible" at every point of international response.[84]It is clear how women are closely intertwined in EID responses, "yet they are invisible in global health strategy, policy or practice . [and] only made visible through motherhood."[85]When it comes to addressing gender during a disaster such as an EID outbreak like EVD, the tendency is to focus on "Ebola first, gender later," as if gender concerns are an optional add-on that others can address after the outbreak has ended.[86] However, not only do women play important roles in global health security, but particularly in societies like the DRC's North Kivu province, women are often leaders and heads of households. They are not only responsible for caring for their families, but their position gives them social power as well, and they care for entire communities.[87]This is especially important for EIDs like EVD because community fear and distrust of governmental and international actors in recent outbreaks have greatly complicated the EVD management response. In just seven months after the start of the 2018 Eastern DRC outbreak, studies reported "low levels of trust in government institutions and widespread belief in misinformation about EVD,"[88]which has led to "reduced adherence to EVD preventative behaviors" such as vaccinations.[89]To combat these challenges, it is vital to build up community trust by "engaging locally trusted leaders and service providers . . . to build trust with Ebola responders who are not from these communities."[90] One example of how the WHO has tapped into women as a resource[91]to address this is through a partnership with Mama Mwatatu, a woman so well known in her community in North Kivu she earned the nickname "Mother Counsellor of Beni."[92]Listeners of her radio show are mostly female, so the impact she has had on the EVD management efforts in Beni has been significant.[93]On her broadcast, she answers her listeners' questions about EVD, emphasizing the reality of the disease. If she is unable to answer a question, she "carefully notes it down and consults with WHO experts,"[94]thus forming an invaluable partnership between the WHO and the local female community. Julienne Anoko, a social anthropologist for the WHO has also proven the power of women by collaborating with the Collectif des Associations Feminines to educate 132 women leaders about EVD and send them out to their local communities to conduct a two-week information campaign, explaining EVD vaccines, treatment, contract tracing, and the vulnerability of women and children to EVD, ultimately reaching over 600,000 people that would not have otherwise been reached due to fear and stigma.[95]These are just a few examples of ways in which women can contribute to the management of an EID outbreak. They are a key connection to the local population, and at a time when trust of authority figures is low and belief in misinformation is high, it is vital to reach all corners of affected communities. Conclusion Gender might not be the first element global health policymakers and healthcare professionals responding to an EID consider, but it should be. Applying a gendered lens to EID outbreaks reveals the disproportionate impact of EIDs on women, due to their higher rate of living in poverty and susceptibility to disease as a result of gendered roles in many societies. Women's rights in health have been codified in many provisions in international law, but the connection between gender and EID response has not yet been developed. Due to women's heightened susceptibility and integrated role in EID management, empowering women to do global health work in their communities and supporting them is an extremely effective way to combat not just this current EVD outbreak, but to strengthen global health security as a whole.
A low-income country, Ethiopia has made impressive progress in improving health outcomes. The Inter-agency Group for Child Mortality Estimation reported that Ethiopia has achieved Millennium Development Goal (MDG) 4, three years ahead of target, with under-5 mortality at 68 per 1,000 live births in 2012. Significant challenges remain, however, with the maternal mortality ratio at 420 out of 100,000 live births. The government has introduced a three-tier public health care delivery system to deliver essential health services and ensure referral linkages, with level three as specialized hospitals (one per 3.5 million 5 million population), level two as general hospitals (one per 1 million 1.5 million), level one as primary hospitals (one per 60,000 100,000) with satellite health centers (one per 15,000 25,000) and health posts (one per 3,000 5,000). One initiative contributing greatly toward universal health coverage (UHC) is the Health Extension Program (HEP) that provides free primary care services at health posts and communities. The country is at its early stage initiating insurance schemes to provide financial protection for its citizens: Social Health Insurance (SHI) for formal sector employees and Community-Based Health Insurance (CBHI) for rural residents and informal sector employees. Public facilities are expected to provide exempted services for free, and there is a fee-waiver system for the poor.
The aim of this report is to provide a broad overview of the current state of gender equality in Tajikistan. While the Europe and Central Asia (ECA) region traditionally surpassed many other regions in terms of gender equality, this advantage has been eroding in recent decades. Particularly in Tajikistan, concerns have been raised that men and women have unequally born the consequences of economic, political, and social transitions after independence in 1991. The report examines several dimensions of gender equality both quantitatively and qualitatively. Tajikistan has set up a legal framework that enshrines principles of equality and non-discrimination, but better implementation results require continued efforts. Prevailing social norms and patriarchal systems of decision-making limit women s ability to make effective choices be it at home or at work. The paper is structured along the following lines. The first section introduces the idea of agency that will remain an important issue throughout the report. This is followed by an analysis of disparities in human capital endowment, including health and education. Gender gaps in the Tajik labor market and entrepreneurial activities of men and women are discussed in the fourth and fifth section. The final section concludes with some policy recommendations that might be beneficial for discussions among policy-makers, civil society actors, and development partners.
This study outlines the initial challenge presented by the HIV/AIDS epidemic, describes Djibouti's response, reviews the results achieved and the enabling factors in curbing the spread of the epidemic, and identifies remaining challenges. Between 2002 and 2008, HIV prevalence among young pregnant women aged 15-24 was reduced from 2.7 percent to 1.9 percent and among sentinel surveillance groups from 2.5 percent to 1.9 percent. HIV prevalence among tuberculosis patients was reduced from an estimated 22 percent to 12 percent. Condom use during last intercourse outside marriage increased from 27 percent to 55 percent and reached 95 percent among sex workers. Among the general population, awareness of HIV/AIDS increased to 95 percent and knowledge about transmission and prevention rose to 50 percent. Political commitment, engagement of community and religious leaders, rigorous communication, social marketing and the provision of an integrated package of medical and social services, and donor harmonization were among the key factors that contributed to the achievement of these results. Despite these impressive results in a relatively short period, Djibouti still has to address several challenges and consolidate program gains, but most importantly, funds are being mobilized from government resources to sustain the national AIDS control program.
This essay discusses the relation between urban spaces and street festival as an example of a creative industry. To begin with, several terms are presented as part of a theoretical approach to fully understand the concept of street festivals, then two cases studies of street festivals will be presented and analysed: The Iberoamerican Theatre Festival of Bogotá and Rock al Parque Festival both from Bogotá, Colombia. The essay has a chapter dedicated to the relationship between festivals and economic development. ; Cultura y desarrollo; Esfera pública; Festival Iberoamericano de Teatro; Festivales callejeros; Habermas; Rock al Parque ; 1 An Act of Faith: Two Cases Studies Of Street Festivals As Examples Of Development. ANDRÉS GUILLERMO CHAUR1 Course Title: Theories of the Culture Industry: work, creativity and precariousness Course Code: CU71015A Date: 13 January 2014 1 Beneficiario COLFUTURO 2013 2 3 «Culture is the be all and end all of development» L.S. Senghor, poet (Senegal, 1906-2001) Introduction This essay discusses the relation between urban spaces and street festival as an example of a creative industry. To begin with, several terms are presented as part of a theoretical approach to fully understand the concept of street festivals, then two cases studies of street festivals will be presented and analysed: The Iberoamerican Theatre Festival of Bogotá and Rock al Parque Festival both from Bogotá, Colombia. The essay has a chapter dedicated to the relationship between festivals and economic development. It is important to mention that the starter point of this essay was precisely to give an introductory background of the importance that has have those two case studies in the development of the city. It is not a secret that Colombia has suffered a period of violence and instability since the second part of the XX century so at first glance it is curious to study and research about an almost contradictory topic such as Culture in a "war country". But at the same time, the "beauty" of this study relies precisely in its contradictory nature: How a country with those characteristics can hold two of the most important and respected free theatre festivals and music festivals in all Latin America? This essay will try to explain that culture when it's conceived with some specific characteristics will bring democracy and peace. A series of deep and abstract concepts will be discussed. This essay was thought just as an introduction and approximation to the topic of public and private, public sphere, culture and development just to mention some examples. Same with authors and thinkers used to elaborate the structure of this study. Once again it should be taken as an approximation rather than a full and elaborated research. The aim is to structure a series of ideas and concepts around one thesis: Those festivals have helped to make Bogotá a better city thus that is the main point of the relation between urban spaces and creativity: It fosters a better understanding of a society overall. At the end of the essay, in the appendix section, some photos are presented to visually recreate the two festivals, its dimensions and its importance. Although, like every 4 transcendental event, in order to understand the magnitude of The Iberoamerican Theatre Festival and the Rock al Parque Festival one have to experience in person. Cities as spaces for the public To fully understand the concept of "Public Realm" and "Public Sphere", one has to address the theory of the city and its relation with the concept of public and private. The concept of "city" has had many meanings through time. There are different ways to approach the concept; however, for the nature of this essay an urban sociological perspective will be approached. Mumford (1937) states the city as a space undoubtedly bonded with the development of human potential: "a city is an expression of the human spirits, and they exist to nurture human personality"2. Weber (1921), one of the founders of modern sociology sees a city in terms of connectivity and settlement between commuters, in that way, the concept of a city, according to Weber, is about the networking, the political and economic participation and the organization among communities. Landry (2013) defines the city as "a complex organism and in constant movement with perspectives, opinions and priorities about what is right often clashing"3. Simmel (1950) explained the correlation of man and the scenarios created by the capitalism and modern society called "The Metropolis". There is always a struggle between the man (individual) and his society (public): "The deepest problem of modern life arises out of the attempt by the individual to preserve his autonomy and individuality in the face of the overwhelming social forces of a historical heritage, external culture and technique of life"4. Simmel's concept of a city as a place where modern man struggle to find his individuality within "overwhelming social forces" is key to understand the theory of the city, specifically one attached with the words: Public -Private. Sennett (1996) in his book "The Fall of the 2 Mumford, L., 1937. What is a city?. In: Scoutt, S and Stoutt, F. ed. 2011. The city reader. Taylor and Francis. pp.91-96. 3 Landry,C. 2013. Civic Urbanity: Looking at the city afresh (PDF). Hangzhou International Congress, "Culture: Key to Sustainable Development", 15-17 May 2013, Hangzhou, China. Available at: http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/images/Charles_Landry_Hangzhou_Congress.pdf (Accessed 12 January 2013). 4 Simmel,G. 1950. The Metropolis and Mental Life. In Miles, M; Hall, T and Borden, I. The City Cultures Reader. Ed. 2000. pp. 12-19. 5 public man" gives an account of the city as the scenario where those 2 concepts are correlated. He starts explaining the meaning of public and private. Although its historical background, coming from the Greeks and the idea of Oikos and Polis as the Private and Public respectively, Sennett comments that "the public" in modern times, started to develop in the eighteen century that is as a direct consequence of the industrial revolution and the liberalism ideas coming from The Enlightenment. "Public came to mean a life passed outside the life of family and close friends. In the public region diverse, complex social groups were to be brought into ineluctable contact the focus of this public life was the city"5 The public life is also the ground to understand modern democracy and public political institution. Sennett, citing Hanna Arendt's book The Human Condition shows how the public life in cities can be a scenario where ideas and opinions are discussed and debated. "Private circumstances have no place in the public realm". 6 Arendt even manifests that cities are "democracy's homes"7 This notion of public started to be more evident when places to meet strangers (people from outside the private sphere) within the city started to grow up. Examples of those "places" are the coffee houses and salons (Habermas will mention those examples to explain his theory of public sphere). Those spaces are called "Public Realm" by Sennett. Public Realm, in other words, are spaces where strangers meet. This encounter is characterized by "anonymity". In "The Conscience of The Eye" Sennett (1992) also says that anonymity is the power of modern cities: "The power of the city lies in its diversity; in the presence of difference people have at least the possibility to step outside themselves (.) The city can give them experiences of otherness"8 The concept of Teatro Mundi is an interesting way to look at the public sphere. According to Sennett, "Teatro Mundi" are spaces full of vitality, differences and disorder. Places where the differences connect and all citizens participate: "Society is a theatre and people are actors". This essay will discuss Teatro Mundi in detail in the chapter related to street festivals. . 5 Sennett, R. 2003. The Fall of Public Man. Penguin, New Edition. 6 Sennett, R. 2008. Reflections on the Public Realm in Bridge, G and Watson, S. A companion of the City. Blackwell Publishers. pp. 380-387. 7 Sennett, R. 2008. The Public Realm. (online) Richard Sennet Website. Available at: http://www.richardsennett.com/site/SENN/Templates/General2.aspx?pageid=16 (Accessed 13 January 2014) 8 Sennett, R. 1992. The Conscience of the Eye: The Design and Social Life of Cities. W.W Norton & Company. 6 In the next chapter, this essay will discuss in-depth different theories about the public realm specially the ideas of Habermas about the public sphere and his theory of action communicative. Habermas and the Public Sphere Even though the previous chapter gave an account of the concepts of private-public, it is important to highlight them according to the theory of Habermas. Recognized as one of the most influential sociologist and philosopher of our times, Habermas theories of the public sphere (phrase from the German Öffentlichkeit), and modern democracy as well as his theory of action communicative have been enormously influential for modern sociology9. Firstly Habermas' thought is marked in the tradition of the Frankfurt School. His first mayor publication "The Structural Transformation of the Public Sphere" argues that instrumental rationality is implicit in the Public Sphere. However, Habermas took distance from the classical notion of the critical theory when argues that participation in the public sphere (he exemplified the coffee shops and the salons in Paris and London in the XVIII century) is free and autonomous in order to shape a common good: "The public sphere consisted in voluntary associations of private citizens united in a common aim, to make use of their own reason in unconstrained discussion between equals"10(Later on, Habermas is going to present how mass media eroded individuality and declined the public sphere). It is important to mention the dichotomy of the words public-private for Habermas. Although different, both are dependents to each other. In that way the private sphere and the public sphere instead of being exclusive are inclusive. Susen (2011) defines the public sphere, taking into account Habermas' theory, as: "The socialized expression of individuals' reciprocally constituted autonomy: individuals are autonomous not in isolation from but in relation to one another, that is, in relation to a public of autonomous beings".11 9Finlayson, J .2005. "Habermas, a very short introduction". Oxford University Press. 10 Habermas,J. 1991. The Structural Transformation Of The Public Sphere. MIT Press. 11 Susen, S. 2001. Critical Notes on Habermas's theory of the public sphere. (online). City University of London. Available at: http://tinyurl.com/lhy4j4z. (Accessed 13 January 2014). 7 Several questions came to mind: How this socialization is constructed? What does an autonomous individual mean? And how can individual reach autonomy? For Habermas, the answer relies on a rational communicative action. The aim of the public sphere is to create a consensus through the active participation of all individuals involved. This consensus is created by a rational approach of the language: "The public sphere is a collective realm in which individuals' cognitive ability to take on the role of critical and responsible actors is indicative of society's coordinative capacity to transform itself into an emancipatory project shaped by the normative force of communicative rationality"12. Rationality in terms of Habermas does not consist in knowledge per se but "how speaking and acting subjects acquire and use knowledge"13. This type of rationality is different from the instrumental rationality from the Enlightenment, widely criticized by the Frankfurt School, since it is "practical, epistemological and more important, intersubjective"14. The public sphere, considering the above, not only describes the space where the encounter occurs but moreover, the public sphere has within itself an emancipator and a transformative component. Some critics find Habermas ideas "too utopian and idealistic"15. The next chapter the link between Habermas and Sennett notion of Public Realm in the city will be tracked. The Open City Sennett takes Habermas as a mayor inspiration for constructing his idea of the Public Realm in the city. According to Sennett (2008), Habermas does not tie the public sphere to any particular place, such as a town centre for instance. Even new technological media as the 12 Ibid. 13 Hahn, L. 2000. Perspective On Habermas. Open Court Publishing. 14 Susen, S. 2001. Critical Notes on Habermas's theory of the public sphere. (online). City University of London. Available at: http://tinyurl.com/lhy4j4z. (Accessed 13 January 2014). 15 Ibid. 8 Internet could be seen as an example of public sphere: "In today's cities, an internet cafe would be more likely to excite him than Trafalgar Square" 16 The place where strangers meet, as Sennett defines Public Realm, could be anywhere: An event, a medium, etc. that encourages communication between strangers. Eventually, Sennett argues, cities that promote those types of encounters are called cities with open systems and on the contrary, cities that lack a real public realm or just promote the privatization of spaces are called cities with closed systems. Based on sociologist Jane Jacobs(1961) and her book "The death and life of great American cities"17, Sennett(2006) imagines a city with a closed system with two attributes: Equilibrium and Integration18. Equilibrium is related with balance, with harmony and with a static idea of conceiving a city. Public Spaces as spaces full of differences, dissents and disorders are not part or are reduced in a closed system. By integration, Sennett means that everything is connected and is part of a greater and unique vision. Thus, everything that is not part of that unique vision is expelled and rejected: "The logic of integration is to diminish in value things that don't fit in (.) Closed system cities refuse to evolve and has paralysed urbanism", concludes Sennett. Opposing a closed system, the open system is all about diversity and finding a place for differences, dissents and disorders. It is about complexity, about how a place adapts itself to the always changing community and its processes. Sennett lists three elements of an open city: Passage territories, incomplete form and development narratives. Passages territories means to diffuse boundaries and different territories within the cities; incomplete form is regarding "empty spaces" so the public can interact in it. Development narratives means to allow dissident voices to express and to fully participate. Wirth (1938) summarize the above by saying: "The juxtaposition of divergent personalities and modes of life tends to produce a relativistic perspective and a sense of toleration of differences"19 Taking into consideration the above characteristics of an open city, one can say that an open city is a place for democracy, "not in the legal sense but in the physical experience" says 16 Sennett, R. 2008. Reflections on the Public Realm in Bridge, G and Watson, S. A companion of the City. Blackwell Publishers. pp. 380-387. 17 Jacobs, J .1961. The death and life of great American cities. Random House, New York. 18 Sennett, R 2006. The Open City. (online). Urban Age- LSE. Available at: http://esteticartografias07.files.wordpress.com/2008/07/berlin_richard_sennett_2006-the_open_city1.pdf. (Accessed 13 January 2014) 19 Wirth, L .1938. Urbanism as a Way of Life. (online) Chicago Journals. Available at: http://www.jstor.org/stable/2768119 (Accessed 13 January 2014). 9 Sennett 20. This thesis is important to understand the importance of public spaces in construction of a fully democratic society and thus is connected to the idea of development and equality. ¿What are examples of an open system? Can one give an account of a public sphere? The next chapter will give an account of the relationship between the street festivals and the public sphere, understanding them as a significance example of public realm. Street Festivals and the Public Sphere To begin with, Street Festivals or Urban Festivals as any other cultural event placed in the public sphere are related of what Durkheim called "collective effervescence". As Durkheim pointed out when a group gathers to perform a "religious ritual" experiences a sense of encounter and unity, "leading participants to a high degree of collective emotional excitement or delirium"21. However as Sassatelli(2011) adds, although Festivals are also part of a collective delirium, taking all participant apart from the everyday life, they are also places where the social encounter is made of "polyvalent performances, rather than unified signifiers of a consensual collective conscience"22 Sassatelli complements that street festivals contrasted with museums: By its living dimension as well as its unrestrained sensory experience. Sennett (1992) also talks about spaces "full of live" as narrative spaces where every dweller constructs a disorder and kaleidoscope meaning of the public. This could lead to the erosion of the boundaries of high and low culture in the sense of the Frankfurt School understood the "cultural industries". namely they turn into instances of communication and instances of production of collective meanings and desires. 20 Sennett, R 2006. The Open City. (online). Urban Age- LSE. Available at: http://esteticartografias07.files.wordpress.com/2008/07/berlin_richard_sennett_2006-the_open_city1.pdf. (Accessed 13 January 2014) 21 Durkheim, E .2008. The Elementary Forms of Religious Life. Oxford Paperbacks. 22 Sassatelli, M. 2011. Urban Festivals and the Cultural Public Sphere: Cosmopolitanism between Ethics and Aesthetics in Delanty, G; Giorgi L and Sassatelli, M. Festivals and the Cultural Public Sphere. Routledge. Pp 12-19 10 If Habermas, the notion of the "Public Sphere" is related as the area where rational individuals communicate to each other to discuss their social problems; nowadays as McGuian(2011) argues, there are different ways to look at the public sphere, not only inside a rational communicative system as Habermas states, but from other types of communication that also create a sense of public sphere. One of those "public spheres" is the cultural public sphere, namely a sphere within the public where different modes of communications, for instance "affective-aesthetics and emotional are articulated with the public and the private"23 "The public sphere nowadays operates though various channels and circuits of mass popular culture and entertainment facilitated the routinely mediated aesthetic and emotional reflections on how we live and imagine the good life (.) festivals are the aestheticization of politics as the ground for festivals is the democratization of an independent thought by the spectators transformed into active actors". . Although McGuian theorized the cultural public sphere for the mass media and populism culture, undoubtedly street festivals share that conception in an emotional and aesthetic way of "come together as a public" and to transcend the private sphere into a societal integration as Habermas explained. Fabiani (2011) explained as well: 24 Street Festivals are also part of the Sennett's idea of "Teatro Mundi". Spaces operated in an open system, where strangers meet through a "rhetorical way, acting in order to be 23Mc Guian, J. 2011. The Cultural Public Sphere- a critical measure of public culture? in Delanty, G; Giorgi L and Sassatelli, M. Festivals and the Cultural Public Sphere. Routledge. Pp 79-92. 24 Fabiani, J. 2011. Festivals, local and global: Critical interventions and the cultural public sphere. in Delanty, G; Giorgi L and Sassatelli, M. Festivals and the Cultural Public Sphere. Routledge. Pp 92-108 Involvement rather than contemplation Instances of communication and community building Erosion of the boundaries between high and low culture Construction of Identity Produce meanings and desires Box 1. Characteristics of Street Festivals according to Sassatelli(2011). 11 credible" 25 In the next chapter, this essay will discuss the implications of street festivals in the sustainable development of a city. Different approaches coming from the research of the UNESCO on the relationship between culture and development as well as the studies of the creative class by Michael Florida and the Creative cities by Michael Landry. . People act as in they were in a "role playing" to create a sense of "equality", even if they do not share their same social class, race, sexual orientation, etc. Street Festivals have this "communicative power" of involve everyone together. Street Festivals as mechanism for sustainable development How could we connect street festivals as examples of the cultural public sphere with the idea of development? In other words, is there any connection between street festivals, understood as a cultural manifestation, and sustainable development? This chapter will introduce the concept of "Culture for Development"26 In the last few decades, UNESCO programs have been focused in how culture should be at the centre of economic development in developed and especially in developing countries. One of the last attempts to foster that was the Hangzou Congress in 2013 in China. The final conclusion was: "Placing Culture at the Heart of Sustainable Development Policies"; a term coined by UNESCO in a variety of its programs wide world specially for developing nations and will give an account of the link between that term and street festivals as examples of a cultural industry. 27 25 Sennett, R. 2008. Reflections on the Public Realm in Bridge, G and Watson, S. A companion of the City. Blackwell Publishers. pp. 380-387. and described 9 main ideas to do so: Integrate culture within all development policies and Programmes; Mobilize culture and mutual understanding to foster peace and reconciliation; Ensure cultural rights for all to promote inclusive social development; Leverage culture for poverty reduction and inclusive economic development; Build on culture to promote environmental sustainability; Strengthen resilience to disasters and combat climate change through culture value; safeguard and transmit culture to future generations; Harness culture 26 Culture and Development. 2013. UNESCO- Culture. (Online) Available at: http://www.unesco.org/new/en/culture/themes/culture-and-development (Accessed 13 January 2014) 27 UNESCO. 2013. The Hangzhou Declaration. UNESCO- Culture. (Online). Available at: http://www.unesco.org/new/en/culture/themes/culture-and-development/hangzhou-congress/ (Accessed 13 January 2014). 12 as a resource for achieving sustainable urban development and management; Capitalize on culture to foster innovative and sustainable models of cooperation. 28 Landry (2008) also talks about the benefits of cultural industries in a city and how the creativity of those industries will foster economic development and social cohesion: "Culture can also strengthen social cohesion, increase personal confidence and improve life skills, improve people's mental and physical well-being, strengthen people's ability to act as democratic citizens and develop new training and employment routes".29 Florida (2003) shows the relationship between creativeness and development. His theory of human capital, called creative capital theory, shows how by fostering tolerance, high education levels and social adaptation to changes, a social class can help to develop their communities. This creative class and its idea of create "new forms of meanings"30 The bond between the cultural public sphere with democracy and the idea of an Open City, explained before, is also a seminal part of how through cultural manifestations, a society can develop and tackle social problems. are attached to the idea of UNESCO's Culture for development program. Case Studies: The Iberoamerican Theatre Festival of Bogotá and the "Rock al Parque" Festival This essay will present two cases studies of street festivals and its relation with the city and its sustainable development: The Iberoamerican Theatre Festival of Bogota (Festival Iberoamericano de Teatro de Bogotá) and The Rock al Parque Festival. Both represent two major fields in the cultural industries in Bogotá such as the performative arts and the music. 28 Ibid 29 Landry, C. 2008. The Creative City: A toolkit for Urban Innovators. Earthscan Editions. 30 Florida, M (2003). Cities and the creative class. (Online). Available at: http://uv.vuchorsens.dk/r/KAZ/Undervisning%202012-2013/GEOLOGI/B%C3%A6redygtighed/Befolkning%20og%20b%C3%A6redygtighed/GetFile.pdf (Accessed 13 January 2014). 13 Firstly the chapter will introduce a context of each festival and then discuss around 5 main axes how the two festivals help to development in specific ways. Iberoamerican Theatre Festival of Bogotá Declared in December 2013 as "cultural heritage of Colombia"31, The Ibero-American Theatre Festival of Bogotá is a biannual cultural event held in Bogotá and organized by the Fundación Teatro Nacional (National Theatre Foundation) an NGO dedicated to theatre with private and public funding. It is considered as one of the most important theatre festival in Latin America and the most significant cultural event in Colombia32 The history of the festival is in every sense "quixotic": Launched in 1988 when the country was immersed in drug-related violence and when the public institutions and the general idea of democracy were at crisis, Ramiro Osorio, a renowned cultural entrepreneur and Fanny Mikey, considered one of the icons of theatre and culture in Colombia, created the theatre Festival as a "Act of Faith" in order to promote culture as an answer to defeat the prevailing violence of those years. . It is important to mention somehow the significant role of the National Theatre Foundation in the conformation and development of the theatre in Colombia. Founded in 1981 by Fanny Mikey, an Argentinean émigré, with the play "El Rehén" nowadays has three major venues with a wide programme throughout the year as well as an art college a social programme for deprived communities and an international tours of their plays33 The first Ibero-American theatre festival, held from 25th march to 3th of April 1988, gathered 59 theatres companies from 21 countries with an estimated of no more than 100.000 spectators. In 2012, 26 years later, the festival had more than 3 million spectators and 200 theatres companies from 32 countries and 5 continents. 34 31El Espectador. 2013. Festival de Teatro de Bogotá, declarado patrimonio cultural de la Nación. El Espectador, (Online) (Last updated 11December 2013). Available at: . http://www.elespectador.com/noticias/bogota/festival-de-teatro-de-bogota-declarado-patrimonio-cultu-articulo-463508. (Accessed: 13 January 2014). 32 Cepeda, A .2010. FESTIVAL IBEROAMERICANO DE TEATRO DE BOGOTÁ- IMPACTO Y SUPERVIVENCIA. Instituto Complutense de CC Musicales. 33 Ibid 34 Ibid 14 The conception of the festival as a "carnival of the city" relies on the stress in the use of the public space: There are plays presented in the streets, plazas and parks from all over the city: From slums to rich areas covering all significance area of the city. In 2012, the festival presents 218 street plays in 4 major parks (Simón Bolívar, Tunal, Nacional y Plaza de Bolívar) 7 public spaces for street plays, 4 community centres, 2 big parades starting from the north of Bogota (Calle 80) until the Bolivar's Square, the biggest plaza in Bogotá. The Festival was in 11 out of the 21 districts of Bogota. In average, around 2, 5 millions of spectators participate in the festival. 35 "Rock al Parque" Festival In March 2012, Bogotá was chosen by the UNESCO as Creative City of Music along with European cities such as Bologna (Italy), Ghent (Belgium), Sevilla (Spain) and Glasgow (Scotland).36 This recognition is part of the strategy of the secretary of culture of Bogotá of positioning the city as a major culture hub in Latin-American especially in the music field. In recent years and after the creation of the central roadmaps namely the "Políticas Culturales Distritales 2004-2016"37 The link between urban public spaces and public festivals as cultural policies is more visible in the "Festivales al Parque" (Park Festivals) which consists in five annual free music festivals held in different times of the year and performed in important free venues and public parks. They are managed and executed by the Institute for arts in Bogotá (A sub division of the Secretary of Culture of Bogotá) "IDARTES". and the "Plan Decenal de Cultura 2011-2021" the music field and their relation with public spaces have being an important core of the cultural policies in Bogotá. There are 5 "festivales al parque" dedicated to the 5 most popular rhythms that conformed the music scene in the city: Hip Hop, Jazz, Colombia (traditional music) and Rock. Created in different years, the "Festivales al Parque" conforms a local identity and a cultural highlight of the city. 35 Ibid 36 Cultura y Entretenimiento. 2012. Bogotá fue declarada capital mundial de la música. EL TIEMPO. (Online). Available at: http://www.eltiempo.com/entretenimiento/musica/ARTICULO-WEB-NEW_NOTA_INTERIOR-11842506.html (Accessed 13 January 2014) 37 IDARTES. 2004. Políticas Culturales Distritales (Online) Available at: http://www.culturarecreacionydeporte.gov.co/sites/default/files/politicas_culturales_distritales_2004-2016.pdf (Accessed 13 January 2014). 15 The pioneer and the biggest in terms of audience of the "Festivales al Parque" is "Rock al Parque" a 3 days rock festival created in 1995 and hosted in the biggest public park of the city, Parque Simón Bolivar; it was organized by musicians Mario Duarte and Julio Correal as a strategy to create a bond between citizens of different socio economic background with the public space during the Antanas Mockus' mayor. The XVIII edition of the festival in 2012 congregated more than 70.000 people per day, making the Festival, the biggest public rock festival in Latin America in terms of audience38. Places for sustainable development: conclusions studies. Although each festival has its own characteristics a study conducted by Obgregón (2007) shows 5 main conclusions that "Rock al Parque" festival has brought to the city. In a similar study done for the Iberoamerican Theatre Festival, Cepeda (2010) also concluded that the festival helped the city in similar ways of the five elements of Obregon. Those five elements also share the same roots of the elements of Culture for Development by the UNESCO. This is an interesting discovery that shows how festivals if they are organized inside the language of Open City -Teatro Mundi (Sennett) and in the Cultural Public Sphere all share similar benefits: 38 Obregon, J. 2007. Desconfianza, civilidad y estética. Universidad Nacional de Colombia. Improve the image of the city Create a sense of identity Help to build an audience Visibilization of a minority group Tolerance and social cohesion. Box 2. Five mains benefit of the Iberoamerican Theatre Festival and Rock al Parque Festival to Bogotá. 16 1. Improve the image of the city Both festivals improve the image of the city, for both its inhabitants and foreigners audiences. Leguizamón, Moreno and Tibazisco(2013) have argued the relation between the festivals and the local economy especially in the touristic field: "Bogotá is a touristic destiny who takes advantage of its public festivals as an important opportunity to retain tourists interested in performing arts because they visit the city only one time. This advantage depends on quality improvements which tourist perceived around touristic products and services offered like: security, hospitality, environmental practices, mobility and connectivity."39 UNESCO (2001) has also states how cultural tourism has increased in recent years: In 2010, international tourism generated 919 billion dollars in export earnings. Emerging and developing countries accounted for 47 per cent of world international tourism arrivals and 36.9 per cent of world international tourism receipts in 2010. Cultural tourism presently accounts for 40 per cent of world tourism revenues. Taking into account the statistics of the monitoring centre for culture of IDARTES conducted in 2011 the percentage of tourist that visited the city exclusively to assist to "Rock al Parque" Festival were 16,16% compared to 6,03% in 199740. 2. Create a sense of identity Wyss (2012) states that for 17 days, "the Iberoamerican Theatre Festival transformed a chaotic metropolis like Bogotá (more than 8 million inhabitants) into a cultural Mecca", The general director of the Festival, Ana Marta de Pizarro also argues than the festival is "the carnival of the city, crime rates are significantly reduced and the general atmosphere of the dwellers is of great joy and party"41 39 Leguizamon, M; Moreno, E and Tobavizco N. 2013. Impacto turístico del Festival Iberoamericano de Teatro de Bogotá. (online) Available: . http://www.pasosonline.org/Publicados/11113/PS0113_06.pdf (Accessed 13 January 2014) 40 IDARTES. 2011. Observatorio de Culturas. (online) Available at: http://www.culturarecreacionydeporte.gov.co/observatorio/medAlparque.html. (Accessed 13 January 2014). 41 Wyss, J. 2010. Bogota theater festival: a bright mask for a once grim city. (Online) Available at: http://carpetbagbrigade.files.wordpress.com/2012/09/miami-herald-dios-callings-english1.pdf. (Accessed 13 January 2014) 17 Similar to Wyss, Obregon citing Cante(2007), says that the idea of Rock al Parque has brought a sense of "social cohesion through the construction of an identity of tolerance and coexistence. It creates a civil culture in the city"42. 3. Help to build an audience Obregon (2007) and Cepeda (2010) states that one of the most important benefits of Rock al Parque and the Iberoamerican Theatre Festival is that those events have helped to build an audience in music and performative arts respectively. In the case of Rock al Parque, the event helped to massify a genre that wasn't part of the mainstream in Colombia as Rock. According to IDARTES (2011), almost 60% of the audience that assisted to the Festival in 2011 has been to a different free rock concert. Almost 80% has already assisted to more than two versions of Rock Al Parque. Cepeda (2010) concludes that the Iberoamerican Theatre Festival has collaborate to "enrich the theatre market in the city and to put it in one of the top in Latin America". 65% of the public, who assisted to the Festival in 2010, has seen a play regularly outside the Festival, according to the study. 4. Visibilization of a minority group This point is connected to the last conclusion. By building an audience, the festivals helped to make visible an audience. In Rock al Parque an "underground culture" as the rock scene, stigmatized before as "antisocial, started to have a better image in the community. IDARTES (2011) indicates that 60% of the audience of Rock al Parque has been to a Rock Concert without any kind of stigmatization43. 5. Tolerance and social cohesion Another important point about the two festivals is regarding the social cohesion and zero violence culture that promotes. Cepeda (2010) is very emphatic describing the impact of the Iberoamerican Theatre Festival with the violence and crime rates in the city: 42 Obregon, J.2007. Desconfianza, civilidad y estética. Universidad Nacional de Colombia. 43 IDARTES. 2011. Observatorio de Culturas. (online) Available at: http://www.culturarecreacionydeporte.gov.co/observatorio/medAlparque.html. (Accessed 13 January 2014). 18 "The festival has contributed since its beginning to the peace process in Colombia. This festival dared to make public performatives acts in the streets when the crimes rates were really high. Those events had an amazing and significative success. One could say that in the 17 days of the festival, crimes and violence stops. Police informs that the crime rates during those two weeks are the lowest of the year."44 93,48% of the spectators of the 2011 "Rock al Parque" felt that the event help to promote a non-violence culture. Still, both festivals shares the unique values of the "Teatro Mundi": Every spectator is equal, no matter his race, gender, social class, etc. The rates of zero violent deaths in the history of both festivals are also an example of how those events are truly places for democracy and peace. Conclusion As it has been seen through the different chapters that conform this essay, the benefits of creating public cultural events in urban spaces bring, undoubtedly a notion of democracy and development. Although Habermas did not specifically discuss street festivals and public festivals in urban spaces as examples of his theory of both public sphere and the theory of communicative action, the essay helped to shape a theoretical background to such events according to Habermas's notions. In the end, the link between Cultural Public Spaces and the UNESCO definition of Culture for Development was an interesting discovery that is worthwhile to keep researching. As mentioned in the introduction, the aim of the essay was to create a structure to understand the Iberoamerican Theatre Festival and the Rock al Parque Festival as examples of cultural public sphere and based on that give an account of the relationship between those spaces and the idea of development. Culture and Cultural manifestations are always moving and changing as society itself. Street Festivals are manifestations that definitely have to be fully addressed. All the rich variety of characteristics that those kinds of events possesses as the essay presented, make them a unique type of cultural products. Could culture transform a society? Definitely. Not only culture transformed society but improves it. Bogota is a better city, with more possibilities with events like the ones studied. In the future, and as part of a cultural policies plan, More events such those, should be created. This is the only recommendation of this essay toward the future, taking into account 44 Cepeda, A .2010. FESTIVAL IBEROAMERICANO DE TEATRO DE BOGOTÁ- IMPACTO Y SUPERVIVENCIA. Instituto Complutense de CC Musicales. 19 that the existing legislation "protect" the two festivals, that in the end, are part of the cultural heritage of the city and the nation. 20 Appendix Photos a. Iberoamerican Theatre Festival45 45 All photos: Humar, Z., 2012. En fotos, Bogotá y su fiesta de las mil caras. [electronic print] Available at: http://www.bbc.co.uk/mundo/video_fotos/2012/04/120405_fotos_galeria_festival_teatro_bogota_aw.shtml [Accessed 12 January 2013]. 21 22 b. Rock al Parque Festival46 46 All photos: Lopez, J., 2013. Bogotá Rock al Parque. [electronic print] Available at: http://tinyurl.com/oabvlmt [Accessed 12 January 2013]. 23 24 Bibliography • Cepeda, A. 2010. FESTIVAL IBEROAMERICANO DE TEATRO DE BOGOTÁ- IMPACTO Y SUPERVIVENCIA. Instituto Complutense de CC Musicales. • Cultura y Entretenimiento. 2012. Bogotá fue declarada capital mundial de la música. EL TIEMPO. (Online). Available at: http://www.eltiempo.com/entretenimiento/musica/ARTICULO-WEB-NEW_NOTA_INTERIOR-11842506.html (Accessed 13 January 2014) • Culture and Development. 2013. UNESCO- Culture. (Online) Available at: http://www.unesco.org/new/en/culture/themes/culture-and-development (Accessed 13 January 2014) • Durkheim, E .2008. The Elementary Forms of Religious Life. Oxford Paperbacks. • El Espectador. 2013. Festival de Teatro de Bogotá, declarado patrimonio cultural de la Nación. El Espectador, (Online) (Last updated 11December 2013). Available at: http://www.elespectador.com/noticias/bogota/festival-de-teatro-de-bogota-declarado-patrimonio-cultu-articulo-463508. (Accessed: 13 January 2014). • Fabiani, J. 2011. 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The pandemic of COVID-19 has afflicted every individual and has initiated a cascade of directly or indirectly involved events in precipitating mental health issues. The human species is a wanderer and hunter-gatherer by nature, and physical social distancing and nationwide lockdown have confined an individual to physical isolation. The present review article was conceived to address psychosocial and other issues and their aetiology related to the current pandemic of COVID-19. The elderly age group has most suffered the wrath of SARS-CoV-2, and social isolation as a preventive measure may further induce mental health issues. Animal model studies have demonstrated an inappropriate interacting endogenous neurotransmitter milieu of dopamine, serotonin, glutamate, and opioids, induced by social isolation that could probably lead to observable phenomena of deviant psychosocial behavior. Conflicting and manipulated information related to COVID-19 on social media has also been recognized as a global threat. Psychological stress during the current pandemic in frontline health care workers, migrant workers, children, and adolescents is also a serious concern. Mental health issues in the current situation could also be induced by being quarantined, uncertainty in business, jobs, economy, hampered academic activities, increased screen time on social media, and domestic violence incidences. The gravity of mental health issues associated with the pandemic of COVID-19 should be identified at the earliest. Mental health organization dedicated to current and future pandemics should be established along with Government policies addressing psychological issues to prevent and treat mental health issues need to be developed. References World Health Organization (WHO) Coronavirus Disease (COVID-19) Dashboard. 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У теорији постоји сагласност да тероризам представља политички мотивисано насиље и да у том смислу представља један од облика насилне политичке борбе. Специфична разлика тероризма у односу на друге облике политичког насиља је примарна усмереност ка стварању, одржавању и експлоатацији страха ради застрашивања противника и јачања подршке међу присталицама. Суштинска одступања од теоријских и правних критеријума при одређивању тероризма постоје у пракси Савета безбедности. Општа оцена деловања Савета безбедности приликом доношења резолуција о тероризму јесте да прати владајући политички дискурс у коме су најпре државе биле одговорне за тероризам, да би потом "слабе", "неодговорне" и "репресивне" државе биле одговорне за омогућавање деловања међународних терористичких организација на својој територији. Савет безбедности усвајао је резолуције у којима је терористичке акте одређивао спрам природе акта, али и спрам извршиоца чиме су сви акти претходно одређене терористичке организације квалификовани као терористички акти. Истраживањем је утврђено и да је приликом усвајања појединих резолуција политичка сврсисходност утицала да се истоврсна понашања не квалификују увек као терористички акти. На основу изведених закључака утврђено је да сложеност борбе против тероризма представља последицу првенства политичке сврсисходности при квалификовању акта насиља као терористичког акта, а не због тешкоћа у дефинисању тероризма. Промене у концепцији тероризма у резолуцијама Савета безбедности и њихова усклађеност са владајућим јавним дискурсом одвијају се истовремено са настојањем САД и других западних држава да преобликују међународну заједницу и успоставе нови светски поредак. У таквим околностима тероризам почиње да егзистира као офанзивно политичко средство хибридног ратовања, при чему се негативна конотација тероризма експлоатише на два начина. Прво, тероризам постаје политичка оцена нечијег деловања без обзира на природу тако означене активности. Друго, тероризам се употребљава као насилно политичко средство које, у зависности од интереса онога ко цени одређено понашање, неће у свакој ситуацији бити означено као тероризам, већ понекад и као легитиман облик политичке акције. Офанзивни карактер одлуке истовремено води занемаривању научних критеријума у корист политичке сврсисходности при квалификацији неког понашања као терористичког акта. Доминација политичког критеријума при квалификовању терористичког акта утиче на инструментализацију тероризма и његово претварање у ефикасно средство хибридног ратовања. Садржај хибридног ратовања није последица неограниченог избора средстава односно оружја нити њихове софистицираности, већ способности безбедносног менаџмента да у свакој конкретној ситуацији независно од организационог нивоа примени такву комбинацију различитих, али међусобно компатибилних појединачних начина ратовања којом се остварује синергијски ефекат ради реализације претходно постављеног циља. Управо због тога тероризам као облик сложеног политичког насиља постаје предмет експлоатације у сврху хибридног ратовања. На основу резултата истраживања описана су три модела експлотације тероризма у сврху хибридног ратовања. Први модел експлоатације тероризма изведен је из политичке праксе САД да државе за које САД сматрају да користе тероризам као политичко средство ставе на Листу спонзора тероризма. Имајући у виду политички и сваки други утицај који САД имају, овакава пракса и њене последице формално или неформално су прихваћене широм света. Основне последице стављања на Листу спонзора тероризма су санкције, дискредитација у међународној јавности и легитимисање мера против таквих држава, док се у исто време таквом праксом врши притисак на државе које нису на Листи да ускладе своју политику са интересима великих сила. Други модел експлоатације тероризма у сврху хибридног ратовања манифестује се кроз организовање, финансирање, опремање, обуку и усмеравање сурогат снага против влада држава са којима није остварена компатибилност интереса, при чему су сурогат снаге представљене у јавном дискурсу као борци за слободу. Предмет експлоатације у Другом моделу јесте насиље које испуњава теоријске критеријуме да буде означено као тероризам, али је због политичке сврсисходности квалификовано као борба за слободу, отпор против угњетавања и сл. Експлоатација насиља у Другом моделу врши се у циљу промене носилаца политичке власти, стварање аутономних регија односно држава које би биле кооперативне са политиком државе која примењује Други модел или као део шире стратегије управљања безбедносним процесима. Трећи модел експлоатације тероризма у сврху хибридног ратовања подразумева организовање и управљање сурогат снагама које су квалификоване као терористичке организације или се врши инфилтрација појединаца у изворне и самосталне народне побуне ради преузимања руководећих места и управљања њиховим деловањем у складу са интересима државе која предузима Трећи модел. Предмет експлоатације у Трећем моделу јесте насиље које је квалификовано као тероризам, при чему је циљ експлоатације вишеструк: 1. Путем насиља и страха који настаје као последица вршења терористичких аката управља се безбедносном ситуацијом у држави која је мета агресије или у региону који је потребно политички и територијално контролисати, са или без физичког присуства оружаних снага државе која примењује Трећи модел; 2. Стварање страха код одређеног или унапред неодређеног броја држава од потенцијалних напада терористичких организација ради вршења латентног политичког притиска на државе да буде кооперативне, и 3. Стварање разлога за војну интервенцију ради присуства и политичке контроле одређене државе или региона. На основу претходно изнетих резултата истраживања изведен је закључак да први корак у спречавању експлоатације тероризма против наше државе представља отклањање или смањивање потенцијала за друштвене сукобе који настаје услед стварања или продубљивања друштвених противречности. Из тог разлога извршена је анализа нормативно – политичког и институционалног оквира у релевантним областима друштвеног живота. Истраживањем је утврђено да у Републици Србији постоји добар основ за ангажовање и интегрисање свих ресурса друштвене моћи на плану остваривања националне безбедности, али и да постоји потреба да се актуелни политички и безбедносни институционални оквир усклади са таквим могућностима. Као резултат истраживања предложене су три групе мера чија примена треба за резултат да има: отклањање и смањивање опасности од стварања потенцијала за друштвене сукобе; успостављање ефикасног и интегрисаног институционалног оквира за супротстављање политичком насиљу које евентуално проистекне из постојећих противречности и отклањање и смањивање штетних последица таквог политичког насиља. ; U teoriji postoji saglasnost da terorizam predstavlja politički motivisano nasilje i da u tom smislu predstavlja jedan od oblika nasilne političke borbe. Specifična razlika terorizma u odnosu na druge oblike političkog nasilja je primarna usmerenost ka stvaranju, održavanju i eksploataciji straha radi zastrašivanja protivnika i jačanja podrške među pristalicama. Suštinska odstupanja od teorijskih i pravnih kriterijuma pri određivanju terorizma postoje u praksi Saveta bezbednosti. Opšta ocena delovanja Saveta bezbednosti prilikom donošenja rezolucija o terorizmu jeste da prati vladajući politički diskurs u kome su najpre države bile odgovorne za terorizam, da bi potom "slabe", "neodgovorne" i "represivne" države bile odgovorne za omogućavanje delovanja međunarodnih terorističkih organizacija na svojoj teritoriji. Savet bezbednosti usvajao je rezolucije u kojima je terorističke akte određivao spram prirode akta, ali i spram izvršioca čime su svi akti prethodno određene terorističke organizacije kvalifikovani kao teroristički akti. Istraživanjem je utvrđeno i da je prilikom usvajanja pojedinih rezolucija politička svrsishodnost uticala da se istovrsna ponašanja ne kvalifikuju uvek kao teroristički akti. Na osnovu izvedenih zaključaka utvrđeno je da složenost borbe protiv terorizma predstavlja posledicu prvenstva političke svrsishodnosti pri kvalifikovanju akta nasilja kao terorističkog akta, a ne zbog teškoća u definisanju terorizma. Promene u koncepciji terorizma u rezolucijama Saveta bezbednosti i njihova usklađenost sa vladajućim javnim diskursom odvijaju se istovremeno sa nastojanjem SAD i drugih zapadnih država da preoblikuju međunarodnu zajednicu i uspostave novi svetski poredak. U takvim okolnostima terorizam počinje da egzistira kao ofanzivno političko sredstvo hibridnog ratovanja, pri čemu se negativna konotacija terorizma eksploatiše na dva načina. Prvo, terorizam postaje politička ocena nečijeg delovanja bez obzira na prirodu tako označene aktivnosti. Drugo, terorizam se upotrebljava kao nasilno političko sredstvo koje, u zavisnosti od interesa onoga ko ceni određeno ponašanje, neće u svakoj situaciji biti označeno kao terorizam, već ponekad i kao legitiman oblik političke akcije. Ofanzivni karakter odluke istovremeno vodi zanemarivanju naučnih kriterijuma u korist političke svrsishodnosti pri kvalifikaciji nekog ponašanja kao terorističkog akta. Dominacija političkog kriterijuma pri kvalifikovanju terorističkog akta utiče na instrumentalizaciju terorizma i njegovo pretvaranje u efikasno sredstvo hibridnog ratovanja. Sadržaj hibridnog ratovanja nije posledica neograničenog izbora sredstava odnosno oružja niti njihove sofisticiranosti, već sposobnosti bezbednosnog menadžmenta da u svakoj konkretnoj situaciji nezavisno od organizacionog nivoa primeni takvu kombinaciju različitih, ali međusobno kompatibilnih pojedinačnih načina ratovanja kojom se ostvaruje sinergijski efekat radi realizacije prethodno postavljenog cilja. Upravo zbog toga terorizam kao oblik složenog političkog nasilja postaje predmet eksploatacije u svrhu hibridnog ratovanja. Na osnovu rezultata istraživanja opisana su tri modela eksplotacije terorizma u svrhu hibridnog ratovanja. Prvi model eksploatacije terorizma izveden je iz političke prakse SAD da države za koje SAD smatraju da koriste terorizam kao političko sredstvo stave na Listu sponzora terorizma. Imajući u vidu politički i svaki drugi uticaj koji SAD imaju, ovakava praksa i njene posledice formalno ili neformalno su prihvaćene širom sveta. Osnovne posledice stavljanja na Listu sponzora terorizma su sankcije, diskreditacija u međunarodnoj javnosti i legitimisanje mera protiv takvih država, dok se u isto vreme takvom praksom vrši pritisak na države koje nisu na Listi da usklade svoju politiku sa interesima velikih sila. Drugi model eksploatacije terorizma u svrhu hibridnog ratovanja manifestuje se kroz organizovanje, finansiranje, opremanje, obuku i usmeravanje surogat snaga protiv vlada država sa kojima nije ostvarena kompatibilnost interesa, pri čemu su surogat snage predstavljene u javnom diskursu kao borci za slobodu. Predmet eksploatacije u Drugom modelu jeste nasilje koje ispunjava teorijske kriterijume da bude označeno kao terorizam, ali je zbog političke svrsishodnosti kvalifikovano kao borba za slobodu, otpor protiv ugnjetavanja i sl. Eksploatacija nasilja u Drugom modelu vrši se u cilju promene nosilaca političke vlasti, stvaranje autonomnih regija odnosno država koje bi bile kooperativne sa politikom države koja primenjuje Drugi model ili kao deo šire strategije upravljanja bezbednosnim procesima. Treći model eksploatacije terorizma u svrhu hibridnog ratovanja podrazumeva organizovanje i upravljanje surogat snagama koje su kvalifikovane kao terorističke organizacije ili se vrši infiltracija pojedinaca u izvorne i samostalne narodne pobune radi preuzimanja rukovodećih mesta i upravljanja njihovim delovanjem u skladu sa interesima države koja preduzima Treći model. Predmet eksploatacije u Trećem modelu jeste nasilje koje je kvalifikovano kao terorizam, pri čemu je cilj eksploatacije višestruk: 1. Putem nasilja i straha koji nastaje kao posledica vršenja terorističkih akata upravlja se bezbednosnom situacijom u državi koja je meta agresije ili u regionu koji je potrebno politički i teritorijalno kontrolisati, sa ili bez fizičkog prisustva oružanih snaga države koja primenjuje Treći model; 2. Stvaranje straha kod određenog ili unapred neodređenog broja država od potencijalnih napada terorističkih organizacija radi vršenja latentnog političkog pritiska na države da bude kooperativne, i 3. Stvaranje razloga za vojnu intervenciju radi prisustva i političke kontrole određene države ili regiona. Na osnovu prethodno iznetih rezultata istraživanja izveden je zaključak da prvi korak u sprečavanju eksploatacije terorizma protiv naše države predstavlja otklanjanje ili smanjivanje potencijala za društvene sukobe koji nastaje usled stvaranja ili produbljivanja društvenih protivrečnosti. Iz tog razloga izvršena je analiza normativno – političkog i institucionalnog okvira u relevantnim oblastima društvenog života. Istraživanjem je utvrđeno da u Republici Srbiji postoji dobar osnov za angažovanje i integrisanje svih resursa društvene moći na planu ostvarivanja nacionalne bezbednosti, ali i da postoji potreba da se aktuelni politički i bezbednosni institucionalni okvir uskladi sa takvim mogućnostima. Kao rezultat istraživanja predložene su tri grupe mera čija primena treba za rezultat da ima: otklanjanje i smanjivanje opasnosti od stvaranja potencijala za društvene sukobe; uspostavljanje efikasnog i integrisanog institucionalnog okvira za suprotstavljanje političkom nasilju koje eventualno proistekne iz postojećih protivrečnosti i otklanjanje i smanjivanje štetnih posledica takvog političkog nasilja. ; There is a consensus in security studies that terrorism is a politically motivated violence and, therefore, it represents one of the forms of violent political struggle. What distinguishes terrorism from other forms of political violence is its primary focus on creating, maintaining and exploiting fear in order to intimidate opponents and strengthen support among allies. Fundamental deviations from theoretical and legal criteria in determination of terrorism are identified in the pratice of the Security Council. The general assessment of the Security Council's actions related to terrorism is that the Council has been following the prevailing political discourse in which, initially, states in their entirety were responsible for terrorism, and later the blame was put on "weak", "irresponsible" and "repressive" states for enabling international terrorist organizations to operate on their territories. The Security Council passed resolutions in which it classified terrorist acts according to the nature of the act but also to the nature of the perpetrator, which resulted in treating all acts of a previously designated terrorist organization as terrorist acts. The research also determined that during the adoption of certain resolutions, political expediency influenced the fact that similar behaviors do not always qualify as terrorist acts. Based on the previously derived conclusions, it could be said that the complexity of fight against terrorism is a consequence of the primacy of the political criterion in designation of an act of violence as a terrorist act, and not because of the difficulties in defining the notion of terrorism. Changes in the concept of terrorism in the Security Council Resolutions and their harmonization with the prevailing public discourse coincides with the efforts of the United States and other Western countries to reshape the international community and establish a new world order. In such circumstances, terrorism becomes an offensive political tool of hybrid warfare, with the negative connotation of terrorism being exploited in two ways. First, terrorism has become a political assessment of one's actions, regardless of the nature of the such activities. Second, terrorism has become a violent political tool which, depending on the interests of those in the position to evaluate certain behaviors, will not be labeled as terrorism in each situation, but rather as a legitimate form of political action at times. Offensive character of the decision leads to the neglect of scientific criteria in favor of political expediency in the process of terrorist act designation. Dominance of the political criterion in designation of a terrorist act influences the instrumentalisation of terrorism and its transformation into an effective means of hybrid warfare. Content of hybrid warfare is not a consequence of an unlimited variety of weapons used, nor their sophistication, but the ability of security management to apply such combinations of different, yet mutually compatible types of warfare in order to achieve a previously determined aim. These are reasons why terrorism, as a form of complex political violence, is exploited in hybrid warfare. Based on the results of the research, three models of exploitation of terrorism for the purposes of hybrid warfare are described. The First Model of exploitation is derived from the political practice of the United States to put countries on the U.S list of state sponsors of terrorism. In accordance with the political and any other influence that the United States has, this practice and its consequences are formally or informally accepted around the world. The main consequences of being placed on the List are sanctions, discredit on the international level and legitimization of measures against such states, while at the same time putting pressure on countries that are not on the List to harmonize their policies with the interests of great powers. The Second Model of exploitation of terrorism for the purpose of hybrid warfare consists of organizing, financing, equipping, training and directing surrogate forces against the governments of countries with whom compatibility of interests has not been achieved, where surrogate forces are presented in the public discourse as freedom fighters. The subject of exploitation in the Second Model is violence that meets the theoretical criteria to be designated as terrorism. However, due to its political expediency it is qualified as a fight for freedom, resistance against oppression etc. The exploitation of violence used in the second model is done with the intention of shifting political power in order to create autonomous regions or states that would be cooperative with the policy of the state that applies the Second Model or as a part of a broader strategy for managing security processes. The Third Model of exploitation of terrorism for the purposes of hybrid warfare implies organization and managing of surrogate forces that are qualified as terrorist organizations or infiltrating individuals into original and independent popular uprisings in order to take leadership positions and manage their actions in accordance with the interests of the state which apply the Third Model. The subject of exploitation in the Third Model is violence that is qualified as terrorism, with multiple goals: 1. Violence and fear that arises as a result of terrorist acts allows crisis management in the country targeted by aggression or in the region in need of political and territorial control, with or without the physical presence of the armed forces of the State applying the Third Model; 2. Creating fear of potential terrorist attacks in order to exert latent political pressure on states to be cooperative, and 3. Creating reasons for a military intervention which results in physical presence and political control of a certain state or region. Based on the previously presented research results, it may be concluded that the first step to prevent terrorist exploitation against our country should be to eliminate or reduce the potential for social conflicts driven by social contradictions. For this reason, an analysis of the normative - political and institutional framework in the relevant areas of social life was conducted. The research has determined that in the Republic of Serbia there is a good basis for engaging and integrating all resources of national power in terms of achieving national security. In addition, there is a need to harmonize the current political and institutional framework for national security with such possibilities. As a result of the research, three groups of measures have been proposed: elimination or reduction of the potential for social conflicts; establishment of an effective and integrated institutional framework for countering political violence that may arise from the aforementioned contradictions, and elimination and reduction of harmful consequences of such political violence.
This series is produced by the Health, Nutrition, and Population family (HNP) of the World Bank's Human Development Network (HDN). The papers in this series aim to provide a vehicle for publishing preliminary and unpolished results on HNP topics to encourage discussion and debate. The cost of a health insurance program will largely be determined by the size and composition of the covered population, the benefit package, cost sharing arrangements, the current and future supply of health care providers and facilities, and the provider payment mechanisms used. This note summarizes in broad strokes the subset of the possible Universal Coverage (UC) transition scenarios and their related costs in Indonesia. These scenarios were selected based on initial discussions with key stakeholders, and further broad-based discussion with stakeholders will be needed to finalize the design, financing and transition options. This note shows how decisions regarding the transition steps, benefit package and the choice of eligible population affect public Health Insurance (HI) expenditures as Indonesia transitions to UC. This work follows closely the earlier World Bank report health financing in Indonesia; a road map for reform.
In this dissertation, we are mainly interested in the interactions between poverty and one of its greatest dimensions1, namely health. More specifically, we will focus on their inequalities: does poverty inequality have more effect on poverty than health level? Does health inequality matter to poverty? Poverty and health are two related concepts that both express human deprivation. Health is said to be one of the most important dimensions of poverty and vice-versa. That is, poverty implies poor health because of a low investment in health, a bad environment and sanitation and other living conditions due to poverty, a poor nutrition (thus a greater risk of illness), a limited access to, and use of, health care, a lower health education and investment in health, etc2. Conversely, poor health leads inevitably to poverty due to high opportunity costs occasioned by ill-health such as unemployment or limited employability (thus a loss of income and revenues), a lower productivity (due to loss of strength, skills and ability), a loss of motivation and energy (which lengthen the duration of job search), high health care expenditures (or catastrophic expenditures), etc3. But what are the degree of correlation and the direction of the causality between these two phenomena? Which causes which? This is a classic problem of simultaneity that has become a great challenge for economists. Worst, each of these phenomena (health and poverty) has many dimensions4. How to reconcile two multidimensional and simultaneous events? 1 Aside the income-related material deprivation. 2 Tenants of the ?Absolute Income? hypothesis for instance show that absolute income level of individual has positive impact on their health status (Preston, 1975; Deaton, 2003). Conversely, lack of income (and the poverty state it implies) leads unambiguously to poor health. For other authors, it is not the absolute level per se, but the relative level (i.e. comparably to others in the society) that impacts most health outcomes. This is the ?Relative Income? hypothesis (see van Doorslaer and Wagstaff, 2000, for a summary). 3 See Sen (1999) and more recently Marmot (2001) for more information. 4 Poverty could be seen as monetary poverty, human poverty, social poverty, etc. Identically, one talks of mental health, physical health, ?positive? and ?negative? health, etc. So a one-on-one causality could not possibly exits between the two, or will be hard to establish. We?ve chosen the first way of causality: that is, poverty (and inequality) causes poor health. As justification, we consider a life-cycle theory approach (Becker, 1962). An individual is born with a given stock of health. This stock is supposed to be adequate enough. During his life, this stock is submitted to depreciation due to health shocks and aging (Becker?s theory, 1962). We could think that the poorer you are, the more difficult is your capacity to invest in your health5. Empirically, many surveys (too numerous to be enumerated here) show that poor people6 do have worse health status (that is, high mortality and morbidity rates, poor access to health services, etc.). It has been established that poor children are less healthy worldwide, independently of the region or country considered. It is generally agreed that the best way to improve the health of the poor is through pro-poor growth policies and redistribution. Empirically, one of the major achievements of these last two decades in developing countries is the improvement in health status of populations (notably the drop in mortality rates and higher life expectations) following periods of (sustained) economic growth. However, is this relation always true? In some countries as we will see later in this thesis, while observing an improvement in the population?s welfare, the converse is observed in its health status, or vice versa. If health and poverty are so closely related, they should theoretically move in the same direction. But the fact that in some countries we observe opposite trends suggests that some dimensions of health and poverty are not or may not be indeed so closely related, as postulated, and that they may depend of other factors. 1. The Purpose of the Study. 5 Another justification is that many authors have studied the problem the other way. Schultz and Tansel (1992, 1997) for instance showed that ill-health causes a loss of revenues in rural Cote d?Ivoire. Audibert, Mathonnat et al. (2003) also showed that malaria caused a loss of earnings of rural cotton producers in Cote d?Ivoire. 6 Usually defined from some income or expenditure-related metric or some assets-based metric. The ultimate goal of our dissertation in its essence is to measure inequality in health7 in developing countries using mainly Demographic and Health Surveys (DHS, henceforth)8. It deals with interactions between poverty and one of its greatest dimensions, putting aside the income-related material deprivation, namely health. It therefore measures inequality in health status and access to health and discusses which policies should be implemented to correct these inequalities. That is, it aims to see how much rich people are better off and benefit from health interventions, as compared to the poor, and how to reduce such an inequality. The present dissertation contains four papers that are related to these questions. Our main hypothesis (that will be tested) is that poverty impacts health through inequality effects9. Graphically, we can lay these simple relationships as: The dashed line in the figure above suggests that income inequality could impact health directly. But we consider that this direct effect is rather small or negligible, as compared to the indirect effect through inequality in health. Therefore, inequality in health is central to our discussion. To measure inequalities in health, we face three challenges: 7 And corollary health sanitation (access to safe water, toilet and electricity). Though electricity is more a measure of economic development that health measure per se, we add it here as a control for sanitation and nutrition: for example women could read more carefully the drugs? notices, or warm more quickly foods; more generally, electricity often improves the mental and material wellbeing of households. It also conditions health facility?s performance. 8 And potentially other surveys. In this case, we mention explicitly the survey(s). 9 The other important factor that could impact health is the performance of the health system. This is discussed in the Chapter 3. Health Assets Inequality Health Inequality Poverty (Assets Index) - measuring welfare (income metric) and subsequently inequality in welfare, - measuring health, - and measuring inequality in health. The measurements can be conducted using two approaches (Sahn, 2003): - Directly by ranking the households or individuals vis-à-vis their performance in the health indicator; we thus have a direct measure of inequality in health. This is suitable when the health indicator is continuous (such as weight, height or body mass index). According to Prof. David E. Sahn, that approach ?which has been referred to as the univariate approach to measuring pure health inequality, involves making comparisons of cardinal or scalar indicators of health inequality and distributions of health, regardless of whether health is correlated with welfare measured along other dimensions?. - Indirectly by finding a scaling measure such as consumption or income or another indicator (assets index for instance)10 that would help ranking the households or individuals (from the poorest to the richest), and see what are their performance in the health variable of interest. We are therefore measuring an indirect health inequality. The indirect method is mostly suitable when the health indicator is dichotomous (for example whether the individual has got diarrhoea last 2 weeks, or ?have the child been vaccinated?, or ?place of delivery?) or is a rate (such as child mortality). Again, quoting Prof. Sahn, ?making comparisons of health across populations with different social and economic characteristics is often referred to in the literature as following the so-called `gradient? or `socioeconomic? approach to health inequality. Much of the motivation for this work on the gradient approach to health inequality arises out of fundamental concerns over social and economic justice. The roots of the gradient will often arise from various types of discrimination, prejudice, and other legal, social, and economic norms that may contribute to stratification and fragmentation, and subsequently inequality in access to material resources and various correlated welfare outcomes?. While the first method would appear quickly limited for dummy or limited categorical health variables because of the small variability in the population, the second approach could also be 10 Or more generally any other socioeconomic gradient such as education, gender or location. impossible when no information is available to scale the units of observation in terms of welfare. We?ll be mostly focusing on the second approach, as did many health economists, and also due to the nature of the DHS datasets in hand and the indicators that we are investigating. 2. Strategy, Methods and Structure. Measuring wealth-related inequality in health implies in the first stage defining and characterizing the poor. Who are indeed the poor? Traditionally, monetary measures (income or consumption) have been used to distinguish households or people into ?rich? and ?poor? classes. Indeed, it is agreed that the ?incomemetric? approach is one of the best ways to measure welfare11. However, it sometimes, if not often, happens that we lack this essential information in household survey datasets. Especially in our case, the DHS datasets do not have income nor consumption information. Then, how to characterize the poor in this situation? For a long time, economists have eluded the question. But soon, it became evident that an alternative measure is needed to strengthen the ?poverty debate?. In the first part of our dissertation, we start by providing a theoretical framework to find a proxy for wellbeing, in the case where consumption or income-related data are missing, namely by discussing the use of assets as such a proxy. The first part of this thesis is relatively long, as compared to the second. However, this is justified, due to its purpose. The goal of the first part of the dissertation is to participate to the research agenda on poverty. It attempts to measure it in a ?non traditional?12 way. 11 There is a consensus in the economic literature that income is more suitable to measure wealth or welfare in developed countries while consumption is more adequate for developing ones due to various reasons such as irregularity of incomes for informal sector, seasonality, prices, recall periods, trustworthy, etc. (see Deaton 1998 for detail). 12 i.e. a non monetary way. The main rationale for this first part therefore is thus to find a new, non monetary measure to characterize in best, life conditions, welfare and then the poor. This measure is referred to as the ?assets index?. Indeed, as the majority of developing countries are engaged more and more in fighting poverty, inequality and deprivation, more and more information on the state of poverty13 is needed. If in almost all these countries, many household surveys have been implemented to collect information on socioeconomic indicators, the major indicator that is needed to analyze poverty (namely income or consumption data) is unfortunately not often collected due to various reasons (time, cost, periodicity, etc.). Even, if they were collected, the quality of the data is often poor. Therefore, economists tend to rely more on other indicators to compensate for the absence of monetary measures. One of the indicators often used are the assets owned by households. The question arose then how to use these assets to characterize the poor in this context? How to weight each of them? In a first attempt, many economists built a simple linear index by assigning arbitrary weights to the assets14. In a seminal paper, Filmer and Pritchett (2001) propose to construct the so-called ?assets index? which could be used as a proxy for consumption or income. It is commonly agreed that their methodology follows a ?scientific? approach, thus is more credible. In their case, they use a Principal Component Analysis (PCA, henceforth) to build their assets index. Since, many other economists have followed in their footsteps which we label in our dissertation, the ?material? poverty approach (as opposed to the monetary one) since it is based on materials (goods and assets) owned by the households or individuals. Because of the importance of the subject (poverty) and because the method is pretty new and original, this first part of our thesis is as said quite long as compared to the second one and has two papers which focus mainly on poverty and inequality issues and their connections with economic growth. In this part, we start by presenting a methodology of measuring non monetary (material) poverty, when a consumption or income data is not available. We show how one can obtain robust results using assets or wealth variables. Once the method is clearly 13 And more generally welfare. 14 For example a television is given a weight of 100, a radio 50, and so on. But this is clearly not a `scientific? way to proceed, as there is no rational ground in giving such weights. tested and validated, it is then confronted to real data. We show that the index shares basically the same properties with monetary metrics and roughly scales households in the same way as does the consumption or income variables. We discuss the advantages and also the limitations of using the assets index. The important thing to bear in mind is that, once it is obtained, it could be used to rank the observational units by wealth or welfare level. - The first chapter defines in a first section poverty and how it is usually measured (by the income metric approach). We discuss the limitations of the use of income/expenditure and what could be alternative measures. We then propose in section 2 the assets metric as a proxy for poverty measurement and test the material poverty approach on international datasets collected by the DHS program. We explore the material poverty and inequality nexus in the world and how Sub-Saharan Africa (SSA)15 compares with other regions. We show, using that index and DHS data, that poverty, at least from an assets point of view, was also decreasing in SSA as well as in other regions of the world. This result contrasts with other findings such as Ravallion and Chen (2001) or Sala-i-Martin (2002) that show that, while other regions of the world are experiencing a decline in their (monetary) poverty rates, SSA is lagging behind, with rates starting to rise over the last decade. Therefore, two different measures of welfare could yield opposite results and messages in terms of policies to implement to combat poverty. Moreover, the method we use not only allows observing changes over time for each country, but also provides a natural ranking among countries (from the poorest to the richest). In this chapter, aside the measure of welfare and poverty, we also discuss in a final section the impact of demographic transition on economic growth and therefore on poverty. Indeed, demographic transition is a new phenomenon that is occurring in developing countries, especially African ones. Its negligence could lead to underestimating poverty measures (both material and monetary) by underestimating real economic growth rates. We show that changes in the composition and the size of households put an extra-pressure on the development process. While traditional authors have not considered the impact of these 15 SSA countries are Benin, Burkina Faso, Central African Republic, Cameroon, Chad, Comoros, Republic of Congo, Côte d?Ivoire, Ethiopia, Gabon, Ghana, Guinea, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, South Africa, Tanzania, Togo, Uganda, Zambia and Zimbabwe. The ?rest of the world? is represented by Armenia, Bangladesh, Bolivia, Brazil, Colombia, Dominican Republic, Egypt, Guatemala, Haiti, Honduras, India, Indonesia, Kazakhstan, Kyrgyz Republic, Moldova, Morocco, Nepal, Nicaragua, Pakistan, Paraguay, Peru, Philippines, Turkey, Uzbekistan, Vietnam and Yemen. changes, we show that taking this into account implies higher economic growth rates than those actually observed or forecasted. - Once the assets index approach is established and tested on international data, the question arose how it performs as compared to the monetary metric. Indeed, if monetary measures remain the reference, then our assets index should share some common properties with them. The second chapter assesses the trends in material poverty in Ghana from the assets perspective using the Core Welfare Indicators Questionnaires Surveys (CWIQ). It then compared these trends with the monetary poverty over roughly the same period. We show that the assets index could be used and yields the same consistent results as using other welfare variable (such as income, consumption or expenditure). Therefore, using two consecutive CWIQ surveys, we find that material poverty in Ghana has decreased roughly by the same magnitude as monetary one, as found in other studies by other authors such as Coulombe and McKay (2007) using Ghanaian GLSS16 consumption data. Thus, this chapter could thus be viewed as providing the proof that the material and the monetary approaches could be equivalent. The second part of our dissertation seeks how to define and measure health and inequality in health. While the definition of health is not obvious, we propose to measure it with child mortality rates. Our main rationale in doing so is that low child mortality generates, ceteris paribus, higher life expectancy17, thus is an adequate measure of a population?s health. This may not be true in areas devastated by wars, famines, and HIV and other pandemics where child mortality could be high (in this case, the best measure should be life expectancy by age groups). Also, the reader should bear in mind that in fact, child mortality could be itself is a good indicator for measuring the (success of the) economic development level of a society as a whole (Sen, 1995), mainly because in developing countries, child mortality is highly correlated to factors linked to the level of development such as access to safe water, sanitation, vaccination coverage, access to health care, etc. - In the third chapter, we focus on measuring overall population?s health. For this, we estimate child mortality in SSA and compare it to the rest of the world. We explore the 16 Ghana Living Standard Surveys. 17 By construction, life expectancy at birth is highly correlated and sensitive to child mortality (it is based on child mortality rates for various cohorts). Lower child mortality rates lead to higher life expectancy and vice versa. determinants of child mortality using mainly a Weibull model and DHS data with socioeconomic variables18 as one of our major covariates. The use of the assets index information is to see how these quintiles behave in a multivariate regression framework of child mortality (i.e. how they affect child mortality). We find, among others, that mother?s education and access to health care and sanitation are one of the strongest predictors for child survival. Controlling for education and other factors, family?s wealth and the area of residency do not really matter for child survival in SSA, contrasting with results found elsewhere. - The fourth and last chapter answers the ultimate goal of this dissertation, that is, the scope of health inequalities in the developing world, particularly in SSA. It uses the factor analysis (FA) method of Chapter 1 to rank household according to their economic gradient status19 and then studies inequalities in various health indicators in relation with these groups. The intention is to analyze inequality rates between rich and poor for various health variables. In this chapter, we concentrate solely on inequality issues in health and health-related infrastructures and services. Mainly, we analyze inequality in access to sanitation infrastructures (water and electricity20) and various health status and access to health indicators (such as child death, child anthropometry, medically assisted delivery and vaccination coverage) using a Gini and Marginal Gini Income Elasticity approach (GIE and MGIE, henceforth) on one hand, and the Concentration Index (CI) approach on the other. Results show that, while almost all countries have made great efforts in improving coverage in, and access to, these indicators, almost all the gains have been captured by the better-offs of the society, especially in SSA. We extend the analysis to compare GIE estimates to those of CI and find consistent results yielding quite similar messages. 18 Quintiles groups derived from an assets index. 19 By grouping usually households in 5 quintiles from poorer to richer ones. 20 On the rationale of using electricity, see footnote 7 above. 3. Results and Policy Implications. As said above, the major goal in conducting this thesis research is to analyze inequality in health status, health care and health-related services using DHS data. To reach our objective, we follow two intermediate steps: - For assets poverty, results show that assets poverty and inequality are decreasing in every region of the world, including Sub-Saharan Africa. This tends to support our hypothesis that, contrary to common beliefs, African households use assets and building ownerships as saving tools and buffer to economic shocks. The first paper also shows however that the demographic transition actually occurring in developing countries could impede on economic growth and trigger a bullet on policies aiming at combating poverty. - Our third paper shows that child mortality is decreasing in all parts the world. However, the 1990s and early 2000s have been a lost decade for the African continent where many countries have witnessed an increase in rates that is mostly attributable among other factors to the economic and financial turmoils of the 1990s and early 2000s and the HIV epidemic. Our hypothesis is that these phenomena have destabilized the organization of the health care system, cut its funding and hampered its performance. High levels of health inequality can also be part of the puzzle. Coming back to the particular case of HIV/AIDS, the reader should observe that it affects more and more the less poor so that it can also lead to a decline in assets inequality (richer people are dying) along with an increase in child mortality and thus explain in great part our paradox. This setback (the rise in mortality over recent periods despite poverty reduction) will make impossible for these countries to reach the millennium development goals, at least for child mortality. The conclusion to this is that African population?s health has been stagnant over the period 1990-2005. Regression analysis reveals no strong correlation between our measure of welfare (assets index) and child mortality. More important are mothers? education and access to health care and sanitation services. - Finally, our inequality estimates show that they are quite high for all indicators considered. For ill-health indicators (child malnutrition and death), rates are excessively concentrated in poor and rural groups. Concerning access to health care services, rich and urban groups tend to be more favoured than poor and urban ones. But the high level of inequality tends to be reducing at the margin over time, as the poor have increasing access. Finally for access to sanitation services, results show that while the majority of countries have made substantial efforts to increase coverage on the first two periods, the rich and urban classes have benefited more and inequality (which is at high levels) tends to rise at the margin over time, especially for the poor. More preoccupying is the fact that rates are falling between 1995-2000 and 2000-2005, probably because of the privatization of these services and the new costs they impose on households. Overall, inequality in all variables considered is more pronounced in SSA than the rest of the world (expect for death and malnutrition). The sub-continent is still disadvantaged in terms of access to services or ill-health. Where to go from here? In the African sub-continent, we have the following picture: a decreasing (material) poverty and inequality but coupled with a stagnant child mortality situation, a stagnant or increasing malnutrition. This is mostly due to high levels of, and an increasing inequality at the margin in access to sanitation and electricity services coupled with a decreasing access to these services. Thus, despite the fact that we observe a decreasing inequality at the margin in access to health care (even though the average level of inequality is still high) the missing link in health-related services coupled with an overall high inequality in these two types of services hugely impact child health and survival. Therefore, as access to health care services and health-related sanitation services is essential to child survival, our findings call for vigorous policies to promote access of the poor groups and rural areas to these services. African Governments should continue to favour access of the poor to health care and reverse the inequality trends in access to water, sanitation and electricity. This is vital for the health of the population and for the development of Africa. Funding can come from various sources: the Government Budget, International Assistance but also from households themselves (since the first part of our thesis has demonstrated that they are getting richer (and various surveys show that they are willing to pay for quality health care), an adequate fees policy could benefit to the health care system). Measures should be put in place to strengthen the performance of the health system and to mitigate the negative effects of macroeconomic imbalances, economic crises and HIV/AIDS. Only on these conditions the Sub-Continent could hope to eradicate poverty and promote health for all. 4. Contribution of this Thesis. This thesis seeks to analyze empirically the inequality in health and access to health in SSA and how this region compared to the rest of the world. To do so, it develops a new method to characterize poor households and to analyze assets-based poverty, when the monetary measure is unavailable. Such a method is indeed necessary as almost all developing countries have collected many surveys that lack the consumption or income information. Once a poverty measure and a correct measure of health have been found, and their core determinants clearly established, we then proceed to the health inequality analysis, along with its determinants, using two methodologies: the traditional CI and the more recent GIE approaches. These approaches have been the mostly used to explore the inequality in health and access to health these last years. Though already studied in the literature, and sometimes applied on DHS or some groups of DHS datasets, our dissertation differs in its purpose and scope and its large scale. No paper to our knowledge used the totally to-date freely available DHS datasets to study poverty and inequality topics and provide basic statistics. Our main contribution is to shed a new light on the welfare-inequality-health nexus in Africa, how it evolves over time and how it compares to other regions around the world, using all available information. It also put numbers on various important socioeconomic indicators such as poverty, inequality, child health and mortality, access to health-related infrastructures, etc., for developing countries, especially African ones. As we sometimes lack these important information, this thesis proves finally to be a very useful exercise. ; Cette thèse part d'un postulat simple : « l'amélioration du niveau de vie s'accompagne de l'amélioration de l'état de santé générale d'une population » et teste sa validité dans le contexte de l'Afrique au Sud du Sahara (ASS). Si cette hypothèse se vérifie en général dans le contexte de l'ASS en ce qui concerne le niveau (plus le pays est riche, plus sa population est en bonne santé), il l'est moins en ce qui concerne les dynamiques, du moins à court et moyen terme. Notamment, les pays qui connaissent une amélioration tendancielle de bien-être matériel ne connaissent pas forcément une amélioration de la santé de leurs populations. Ceci constitue un paradoxe qui viendrait invalider notre postulat. En écartant tout effet de retard ou de rattrapage qui pourrait l'expliquer car nous travaillons sur une période de 15 ans réparties en 3 sous-périodes (1990-1995, 1995-2000 et 2000-2005), nous expliquons ce paradoxe, toutes choses égales par ailleurs, par deux canaux principaux qui peuvent interagir : - la performance du système de santé et - l'inégalité en santé. Si le premier est plus évident mais aussi plus difficile à prouver empiriquement du fait du manque de données sur des séries longues, ou du fait que ces données sont trop agrégées et éparses, le second canal est testable avec des bases de données adéquates qui, elles, sont disponibles au niveau microéconomique (ménages). Les bases de données que nous avons privilégiées sont les Enquêtes Démographiques et de Santé (EDS) du fait de leur comparabilité dans l'espace et le temps (mêmes noms de variables standardisées, même méthodologie d'enquête, mêmes modules, etc.). Ces atouts sont d'autant plus importants que les comparaisons de pauvreté et de bien-être basées sur les enquêtes de revenus ou de consommation butent sur de sérieux problèmes à savoir la comparabilité de ces enquêtes (méthodologies différentes, périodes de rappel différents, prix souvent non collectés de la même manière, etc.). Pour montrer ces effets de l'inégalité de santé sur les niveaux et les tendances de la santé des populations et la pauvreté et le bien-être, nous avons axé notre recherche autour de 3 axes principaux : 1- Comment mesurer le niveau de richesse et donc le bien-être des ménages en l'absence d'information sur la consommation et le revenu ? Les chapitres 1 et 2 de notre thèse se penchent sur cette question. Nous avons privilégié, à l'instar de plus en plus d'économistes, l'utilisation des biens des ménages et les méthodes de l'analyse factorielle et d'analyse en composantes principales pour construire un indice de richesse. Cet indice de richesse est pris comme un substitut du revenu ou de la consommation et sert donc de proxy pour la mesure du bien-être. Bien qu'il comporte quelques lacunes (notamment le fait qu'il ne concerne que les biens matériels et durables du ménage alors que la consommation ou le revenu sont des concepts plus globaux de bien-être, il ne prend pas en compte les préférences des ménages, il ne comporte aucune notion de valeur car le prix n'est pas pris en compte, de telle façon qu'une petite télévision en noir blanc vieille de vingt ans est mise au même niveau qu'un grand écran plasma flambant neuf, etc.), il n'en demeure pas moins que d'un côté, avec les EDS, il n'y a pas moyen de faire autrement en l'état actuel des choses, mais aussi et surtout parce que ces données permettent d'éviter les problèmes évoqués plus haut, notamment celui de la comparabilité des données pour faire de la comparaison spatiale et inter-temporelle des données en matière de pauvreté. Dans le premier chapitre, en nous basant sur cet indice et une ligne de pauvreté définie a priori à 60% pour la première observation dans notre échantillon (Benin, 1996), et en utilisant les données EDS et une analyse en composantes principales (ACP), nous avons pu mesurer la tendance de la pauvreté dite « matérielle » (en opposition à la pauvreté monétaire, basée sur la métrique monétaire). Cette méthode qui est privilégiée par des auteurs comme Sahn et Stifel est d'autant plus intéressante qu'elle donne non seulement les tendances de la pauvreté dans chaque pays, mais elle permet aussi une classification naturelle de ces pays par ordre de grandeur de pauvreté. Cependant, dans la mesure où les biens des ménages et la dépenses de consommation sont disponibles, l'analyste devrait estimer les deux types de pauvreté (matérielle via l'indice de richesse et monétaire via le revenu ou la consommation) car les études montrent souvent que les biens matériels et la consommation ou le revenu ne sont pas très bien corrélés, et donc le choix de l'indicateur de bien-être est crucial en termes de politiques économique et de santé. En effet, si l'indicateur sous-estime le vrai niveau de pauvreté ou d'inégalité (ou les surestime), les dépenses publiques qui en résultent peuvent être plus ou moins surévaluées, de même que les réponses apportées se révéler inadéquates. Donc dans la mesure du possible, il conviendrait de se pencher sur la question du choix de l'indicateur. Les résultats de notre méthodologie montrent que l'ASS reste la région la plus pauvre du monde en termes de possession d'actifs. La région orientale de l'ASS est la plus pauvre au monde (75%) suivie de l'Asie du Sud (64%), le Sud de l'ASS (61%), l'Afrique Centrale (57%), l'Afrique de l'Ouest (55%), l'Asie de l'Ouest (40%), l'Asie du Sud-Est (19%), l'Amérique Latine (18%), les Caraïbes (17%), l'Afrique du Nord (6%), l'Asie Centrale (2%) et l'Europe de l'Est (1%). Notre analyse nous montre que la pauvreté baisse dans l'ensemble des pays Africains au Sud du Sahara (sauf la Zambie), à l'instar des autres pays du monde dans l'échantillon. En effet, en considérant les trends, nous voyons que la moyenne de l'ASS passe de 63% de pauvreté matérielle entre 1990-1995 à 62% en 1995-2000 et 58% entre 2000 et 2005. La baisse est modeste et lente mais non négligeable et surtout, elle est en accélération sur les 2 dernières périodes. Mais elle demeure toutefois beaucoup plus marquée dans le reste du monde. Concomitamment à la baisse de la pauvreté, nous observons aussi une baisse de l'inégalité. Nous terminons ce chapitre par une réflexion sur l'effet de la transition démographique sur la croissance économique et la pauvreté en ASS et dans les autres pays en développement. En effet, la chute de la fertilité et de la mortalité couplées à un exode rural font que le nombre de famille se démultiplie du fait de la transition vers des tailles plus réduites. Ceci impose plus de contraintes (et donc peut avoir un impact négatif) sur la croissance économique et risque de sous-estimer le niveau réel de pauvreté. Il convient, une fois que la pauvreté matérielle et ses tendances ont été bien calculées avec les biens durables (et la transition économique prise si possible en compte), de tester la validité de cette méthode en la confrontant avec les résultats issus de l'analyse monétaire de la pauvreté. Les EDS ne comportant pas données d'information sur la consommation, nous nous sommes tournés vers une autre source de données. Dans le chapitre 2, nous avons testé la robustesse de notre méthode dans le cas particulier du Ghana, en utilisant les enquêtes du Questionnaire Unifié sur les Indicateurs de Base de Bienêtre (QUIBB), et en confrontant les résultats issus de la méthode ACP avec ceux issus de la méthode traditionnelle monétaire et trouvons grosso modo les mêmes résultats (10% de baisse avec la méthode monétaire traditionnelle et 7% avec notre méthode sur la période 1997- 2003). Ceci valide donc le fait que la méthode que nous proposons (à savoir, mesurer le bienêtre et la pauvreté par les biens durables des ménages) est tout aussi valide que la méthode plus traditionnelle utilisant des métriques monétaires. Une analyse fine dans le cas du Ghana montre que la baisse de la pauvreté est due à une croissance économique particulièrement pro-pauvre mais aussi à des dynamiques intra et intersectorielles (réallocation des gens des secteurs moins productifs vers ceux plus productifs) et aussi une forte migration des campagnes vers les villes. Nos simulations montrent que les migrants ruraux ont aussi bénéficié de cette croissance dans les villes où ils trouvent plus d'opportunités. 2- Une fois établie que la pauvreté est en recul en ASS, nous avons voulu mesurer la tendance de la santé de sa population (approximée par les taux de mortalité infantile et infanto-juvénile). Nous discutons dans le chapitre 3 de trois méthodes pour estimer et comparer les taux de mortalité des enfants : - la méthode des cohortes fictives (sur laquelle l'équipe de l'EDS se base pour estimer les taux « officiels » de mortalité), - la méthode non paramétrique (Kaplan et Meier) que privilégient un certain nombre d'économistes et - la méthode paramétrique (Weibull) de plus en plus utilisée pour sa souplesse et sa robustesse. Les deux premières méthodes ont tendance à sous-estimer le vrai niveau de mortalité et de ce fait nous avons privilégié le Weibull. De plus, avec cette dernière, nous pouvons évaluer l'effet de chaque variable spécifique (comme l'éducation ou l'accès à l'eau) sur le niveau de mortalité. Une étude des déterminants de cette mortalité montre qu'outre l'effet attendu de l'éducation des mères, l'accès aux infrastructures de santé (soins médicaux et surtout prénataux durant et lors de l'accouchement) et sanitaires (accès aux toilettes et dans une moindre mesure à l'eau potable) en sont les principaux facteurs. L'effet de richesse joue peu en ASS (mais pas dans le reste du monde), une fois que nous contrôlons pour le lieu de résidence (urbain) et le niveau d'éducation. Ce résultat nous surprend quelque peu, même s'il a été trouvé dans d'autres études. Ensuite, nous avons calculé la mortalité prédite des enfants. De toutes les régions du monde, l'ASS a le niveau de mortalité le plus élevé (par exemple en moyenne 107 décès pour la mortalité infantile contre 51 pour le reste du monde, soit plus du double). Ce résultat était toutefois attendu. Par contre nous avons été quelque peu surpris en ce qui concerne les tendances. Le constat est que sur les 15 ans, la mortalité des enfants a très peu ou pas du tout baissé dans le sous-continent africain (et est même en augmentation dans certains pays, alors qu'ils enregistrent une baisse de la pauvreté matérielle sur la même période). En moyenne, considérant les enfants de moins d'un an, les taux sont passés de 95%o à 89.5%o pour remonter à 91.5%o pour les 3 périodes 1990-1195, 1995-2000 et 2000-2005. Ainsi sur 15 ans, la mortalité infantile n'a baissé que de 3 points et demie en moyenne et surtout, elle remonte sur la période 1995-2005. Un examen des taux de malnutrition des enfants confirme ces tendances. On pourrait dire que ces résultats sont plutôt encourageants et normaux si on fait une analyse d'ensemble du sous-continent. En effet pour l'ensemble de l'ASS, cette légère baisse semble en conformité avec la baisse de 5 points des taux de pauvreté matérielle (63% en 1990-1995 à 58% en 2000-2005). Mais l'ordre de grandeur est faible en termes de magnitude, et surtout si compare au reste du monde où on observe une baisse de la mortalité beaucoup plus conséquente. Mais c'est l'arbre qui cache la forêt. Une analyse plus fine par pays montre en effet une situation plus contrastée. Notre postulat de départ nous dit que sur une période suffisamment longue, une amélioration de bien-être s'accompagne d'une amélioration de la santé. Or on constate que certains pays qui connaissent une baisse de la pauvreté matérielle connaissent également une recrudescence de la mortalité des enfants. Pour une même année, ce résultat peut être normal, traduisant un simple décalage pour que l'amélioration de bien-être se traduise par un meilleur état de santé de la population. Mais à moyen terme (période de 5 ans), nous observons la même absence d'effet. Nous sommes donc face à un paradoxe qu'il nous faut comprendre et tenter d'expliquer. Une des pistes pour comprendre ces résultats est d'analyser la performance des systèmes de santé en Afrique. Les facteurs qui expliquent notamment cette performance sont : des facteurs « classiques » comme la performance économique des périodes passées, les montants et l'allocation des dépenses de santé, l'organisation des systèmes de santé, la baisse de la fourniture de services de soins de santé (vaccination, assistance à la naissance, soins prénataux, soins curatifs, .), la malnutrition, le SIDA, les guerres, la fuite des cerveaux notamment du personnel médical, etc., à côté de facteurs plus « subtils » ou ténus car moins saisissables comme les crises financières des années 1990s qui ont plombé certaines des économies de la sous-région, la qualité des soins, la corruption et les dessous-de-table, l'instabilité de la croissance économique (même si elle est positive), etc. La seconde voie que nous examinons pour expliquer le manque de résultat en santé dans certains pays concerne l'inégalité en santé et ceci fait l'objet de notre dernier chapitre. 3- Expliquer l'absence de lien entre santé et pauvreté dans certains pays de l'ASS : l'effet de l'inégalité en santé. Dans le chapitre 4, nous émettons l'hypothèse que le fort niveau d'inégalité dans l'accès aux services de santé et d'assainissement couplé à la faible performance du système de santé (avec en toile de fond l'impact du Sida) peuvent servir à expliquer en partie notre paradoxe. Nous considérons deux types de services : - soins de santé (vaccination, assistance médicale à la naissance et traitement médical de la diarrhée) et - hygiène et assainissement (accès à l'eau potable et à l'électricité, accès aux toilettes propres). Le choix de ces services est motivé par le fait que le modèle Weibull dans le chapitre 3 nous montre que toutes choses égales par ailleurs, ils sont cruciaux pour la survie des enfants, en particulier en Afrique. Les niveaux d'accès montrent une baisse tendancielle des taux pour les services de santé (surtout pour la vaccination) et une légère augmentation de l'accès à l'électricité et dans une moindre mesure à l'eau potable. L'accès aux toilettes propres demeure un luxe réservé à une petite fraction de la population. Pour les calculs d'inégalité, nous considérons deux indicateurs: - l'indice de concentration (pour mesurer le niveau moyen d'inégalité) - et l'élasticité-revenu du Gini (inégalité « à la marge » quand le revenu d'un individu ou d'un groupe augmente d'un point de pourcentage). Globalement, les pays d'ASS ont un niveau d'inégalité beaucoup plus élevé comme on s'y attendait par rapport au reste du monde. Pour les tendances, nous remarquons que l'inégalité marginale s'accroît pour les services d'assainissement (eau, toilette et électricité), mais qu'elle diminue pour les soins de santé. En ce qui concerne l'inégalité moyenne, elle indique une disproportion dans l'accès des classes riches par rapport à celles pauvres. Même si les groupes pauvres « rattrapent » ceux riches dans la provision de certains services, cela se fait de façon trop lente. De fait, le haut niveau d'inégalité couplé à une recrudescence de cette inégalité à la marge pour certains services tendent à annihiler les effets positifs de la croissance économique et de la réduction de la pauvreté et maintiendraient la mortalité, la malnutrition et la morbidité des enfants en Afrique à des niveaux relativement élevés et plus particulièrement concentrées dans les groupes les plus pauvres. Tout ceci appelle à des politiques économiques, sociales et sanitaires pour renverser fortement les tendances de la mortalité des enfants. En particulier, nos résultats suggèrent qu'il faudrait que les pays Africains puissent entre autres : - accroître les services de soins de santé, notamment les soins préventifs comme les services essentiels à la santé de l'enfant dès sa naissance (vaccination, services prénataux et assistance à la naissance), les soins curatifs et les campagnes de sensibilisation. - renverser la tendance baissière dans la provision des services sanitaires (eau, électricité, environnement et assainissement, prise en charge des déchets, etc.). - améliorer la nutrition et l'environnement immédiat de ces enfants et les comportements des ménages (espacement des naissances, éducation des mères en matière de santé, etc.). - plus généralement comme le montrent d'autres études, il faudrait aussi améliorer la performance globale de leur système de santé en empêchant la fuite des cerveaux, en allouant un budget suffisant à la santé, en organisant mieux les différents organes, de même que les ciblages des politiques de santé, en empêchant la corruption, en améliorant la qualité (accueil, propreté des centres de soins, etc.), en équipant les centres en médicaments, vaccins, moyens de transport et de communication, etc. Intégrer si possible les systèmes plus traditionnels de soins (comme les matrones et les guérisseurs) et le secteur privé, de même qu'une meilleure organisation du système pharmaceutique. Ces politiques constituent un tout et doivent être mise en oeuvre rapidement, ou renforcées le cas échéant. A cette seule condition les pays Africains pourraient espérer rattraper leur retard dans les Objectifs du Millénaire.
This essay continues with a discussion concerning the intersection between indigenous technological adoption/adaptation and the range of perspectives with respect to local communities' use of technology in general. Analytical instruments will be presented at the end of this article. First, however, the reader will have the opportunity to examine the 'views' of outsiders with respect to the debate surrounding sustainability, environmental management and territorial ordering. Responses to an on-line survey concerning the above issues together with my own comments, will add to the discussion. ; Gestión ambiental; Ordenamiento Territorial; Sostenibilidad; TIC; Usos ; 1 TECHNOLOGY IN NORTHWEST AMAZONIA (NWA) VIEWS OF VIEWS: SUSTAINABILITY, ENVIRONMENTAL MANAGEMENT AND TERRITORIAL ORDERING A contribution to a Political Ecology for Northwest Amazonia1 This essay continues with a discussion concerning the intersection between indigenous technological adoption/adaptation and the range of perspectives with respect to local communities' use of technology in general2. Analytical instruments will be presented at the end of this article. First, however, the reader will have the opportunity to examine the 'views' of outsiders with respect to the debate surrounding sustainability, environmental management and territorial ordering. Responses to an on-line survey concerning the above issues together with my own comments, will add to the discussion. Aims Initially there were two aims behind the construction of a website. One of was to overcome impediments to my personal mobility and direct access3. ICT facilitated communications with other interested people and helped solicit their views on indigenous management of the forest and their opinions with respect to the process of territorial ordering in Amazonia. The other aim was to serve the process of opening up political opportunities for NWA's inhabitants. Grassroots organisations all around the globe were (and are) establishing links through ICT. The indigenous peoples of Amazonia may attempt the same and this experience could, in the future, be an instrument of education for NWA. The introduction of such technology among indigenous peoples, if possible, will have impacts, which will to be judged as positive or negative, depending of the political interests of the observer and the moment of observation. It is argued here, that despite there being no indisputable positive or negative effects of technological transfer, it would be contrary to indigenous people's rights to self-determination to prevent the promotion of ICT among them. We wish to question conservative forces: if governments, corporations, NGOs and even international drug dealers and terrorist groups are using ICT to fortify their political positions, why should indigenous peoples be denied access to it? The access (or lack of it) of grassroots organisations to ICT facilitates (or impedes) the 1 The author wishes to thank: Jim Connor and Mark Bennett of Imperial College, the former for his advice on the use of Arcview-GIS and the latter for helping to write the cgi-script form for the website. Thanks are also due to: Stuart Peters from the University of Surrey for training in Web- Page design; Adriana Rico from Páginas.Net for valuable advice during the design process and Alvaro Ocampo for a detailed critique of Kumoro.com before it went live. I also wish to thank the Board of Puerto Rastrojo Foundation, which gave me permission to use their vegetation map as a base for the Yaigojé vegetation map that appears on the web-site. Finally thanks to all the people that took the time to fill out the on-line survey. Their contributions made this chapter possible. 2 This discussion was introduced in "Technology in Northwest Amazonia: Sketches from Inside" (Forero 2002b). 3 A restriction of one of the scholarships the author was granted as well as guerrilla incursions at the time, prevented the author from going back to NWA. 2 development of their rights to be informed (and educated) in accordance with the actual historical context of a globalising corporate economy and cultural hybridisation. For indigenous peoples, as well as for other ethnic minorities, financial resources to set up ICT are extremely limited compared to those of corporations, governments and even NGOs. The establishment of an ICT network for indigenous peoples' organisations in NWA remains a Utopia. But without a Utopian vision there is no aim for social mobilisation; this is something that was underlined by responses to the on-line survey. Fieldwork in NWA involved the author in the territorial ordering process, helping with the formation of indigenous people's organisations, and getting involved in communities' economic and educational projects. My work in NWA can thus be characterised as participatory action research (PAR) and one way of continuing to engage in PAR without going back to the field was to set up a website, wait for an opportunity to share my experience with the people of NWA and promote projects that would allow them to take over the website and use it for their own projects4. Deconstruction of an Internet generated discourse Elsewhere the author has dealt with descriptions and deconstructions of discourses of indigenous and institutional organisations, be they NGOs, churches, governmental or international. This process of deconstruction has included the author's own work among indigenous organisations and NGOs, which was one of the aims of "Indigenous knowledge and the scientific mind: activism or colonialism?" (Forero 2002a). I wish to explain the inclusion of governmental and non-governmental organisations within the category 'institutional'. There are great differences as well as important coincidences in governmental actions and the work of NGOs in developing countries due to the limited nature and poor quality of State-driven action in such nations. E.g. in Colombia, COAMA, the largest NGO network in NWA, has been involved in the political administrative reforms, and served as a consultant in matters of education, health and sustainable production. Furthermore, COAMA staff accompanied indigenous peoples in all these processes and without their intervention it is doubtful that many of the indigenous political organisations of Amazonia would ever have succeeded in their quest for legal recognition5. NGOs and governmental institutions may pursue similar political aims and share administrative structures. Inasmuch as small organisations are successful, (and usually this success is a result of strong personal commitment to a cause and personal knowledge of all members of the organisation), they tend to obtain more funds, which in turn forces them to become increasingly bureaucratic. As 4 At the time of writing (May 2002) the author was preparing to visit NWA at the invitation of indigenous leaders, including the Co-ordinator of an education committee who wanted to discuss the roll of ICT in education. 5 See Forero, Laborde et al. 1998 and the interview with the director of COAMA Martín von Hildebrand, in The Ecologist 2002 (Vol. 32 No.1-February). 3 organisations grow, individual members have fewer opportunities to get to know each other personally and maintain an accordance of principles, aims and political means. This is not to say that NGOs are condemned to be inefficient bureaucratic institutions, (which is not uncommon among developing countries' governmental institutions). But it is important to draw attention to the risk that when resources are pumping in and recruitment is growing there is more chance of becoming detached from grassroots sensibilities with respect to issues and less chance of correctly interpreting local developmental idioms. Views of Indigenous Environmental Management The design, production and publishing of a website on the development of a political ecology for NWA, taking the Yaigojé Resguardo as a study case, may seem a very simple task with little impact. But it proved to be a very delicate matter that involved exhausting work. The production of a map of the Yaigojé Resguardo, (which was to be included on the website) has been explained elsewhere, although it is worth mentioning something about the methodology involved. The author accompanied shamans (who were selected by indigenous leaders from the Apaporis) on several trips in which all the recognised sacred places of the Apaporis River and some of its tributaries where identified. The shamans learn the names of the places during their training. These names are recited in myths, chants and spells. The shamans carry, as they say, the map within themselves. It is impressive to see these men point to a place and give its name without hesitation. It is like this even when they have never been in that place before. It is impressive that this orally transmitted geography corresponds so precisely to the physical aspects that start to become relevant for people who, like the author, have different epistemological instruments for their interpretations of the world. While visiting the sacred places shamans spoke of trips they had made previously. In the case of shamanistic trips, visits did not actually involve physical journeys, but what were referred to as trips en pensamiento, en espíritu (in thought, in spirit). While accompanying them I recorded the geographical co-ordinates using a satellite guided geographical positioning system (GPS). The geographical co-ordinates thus generated were converted to plane co-ordinates and a map was generated using AUTOCAD software. Translations, drawings and reflections about this map-making process are included in a MSc thesis of the University of Warwick (Forero 1999). The work I will describe now, although partially derived from my work with the shamans is distinct in character and intention from that reported in Forero (1999). The use of technological gadgetry allowed me partially to reflect the Tukano world in a way that non-indigenous people could understand. And although this was a significant and, I believe, useful undertaking the real knowledge of the territory lies within the shamans with whom I worked. The fact that the 'indigenous territorial' aspects of the website are illustrated with maps is a by-product of the technology. A more significant value of the work (and the reason behind the shamans' wish to become involved in mapping) is that the maps were going to provide evidence for the legal process through which the ACIYA 4 indigenous organisation would claim rights over lands outside the recognised Resguardo Indigenous Reserve (Forero, Laborde et al. 1998). This work was successful and an extension to the Resguardo was indeed granted. Work on the website began by making a provisional outline of the desired end product. The original plan included six pages: Introduction (Home), vegetation map, traditional territorial map, discussion (an introduction to the political ecology of the Yaigojé Resguardo), bibliography (for those looking for references to NWA and the Yaigojé in particular), and a questionnaire that would generate the information from which this chapter has been developed6. The contrasting discourses obtained from the questionnaires Although I shall refer to percentages in this section, there is no intention of making any predictions based on statistical analyses. Neither is it suggested that the analysis of questionnaires can provide an objective account of outsiders' opinions with respect to the politics of the environment and people of NWA. The following notes are not representative in that sense and such was never the intention of the exercise. What is intended is that the reader gets an insight into the perceptions of survey respondents. What is important in a qualitative data analysis, like this, is to present differential tendencies. If discourses are constituents of reality then the confusing scenario of political confrontation in NWA should be linked to the visions and perspectives of all of us, including the views of people that have never been in Amazonia but nonetheless hold an opinion. And, if there is a marked difference between indigenous and exogenous perspectives with respect to sustainability and environmental management in Amazonia, which relates to whether people have visited NWA or not, this should be reflected in the answers to the surveys. The information generated from the on-line survey was collected between May and December of 2001. Eight hundred invitations were sent through e-mail. They were sent mainly to academics and organisations working on indigenous issues, conservation or sustainable development in NWA. One of these invitations reached COLNODO7 and the ICT network asked if we wished to submit the website in a weekly contest for the best new website, which we did and subsequently won! This meant that COLNODO subscribers were notified and invited to visit the site. But we have no idea how many hits were derived from COLNODO invitation. What we know is that during these 8 months we received 51 completed survey forms. This is a 6.4% response rate to the original 800 invitations8. 6 The survey form is in Appendix 1and, a summary of the technical work involved in the construction of the web-site is in Appendix 2. 7 "COLNODO is a Colombian communications network serving organizations dedicated to community development. It is operated by the non-profit organization called Colombian Association of Non-Governmental Organizations for Email Communication" (http://www.colnodo.org.co/summary_english.html). For a critical review of COLNODO work the interested reader could consult Gómez, R. 1998. 8 This response rate is rather low relative to postal questionnaire surveys, but we are unable to assess it relative other on-line surveys. 5 For the purposes of the analysis respondents (R) were divided into two groups: those claiming to have visited NWA (VA – 29% of R) and those claiming not to have visited the region (NVA – 71% of R). With respect to occupation, 68% of R come from the academic sector, including five anthropologists (almost 10% of R) all of whom had visited NWA. In contrast, although there were the same number of environmental managers as anthropologists answering the questionnaire, none had visited NWA. With respect to gender, the percentage of male (53%) and female (47%) respondents is similar across both VA and NVA groups. In terms of age, there were four groups: 1) 18 to 24, 2) 25 to 34, 3) 35 to 50, and 4) over 50. For R the percentages were: 8%, 47%, 35% and 10% respectively. The majority of respondents belong to the second group, between 25 to 34 years of age. However with respect to age groups the composition of VA and NVA groups differs: 56% of the NVA group belong to this second age cohort (25-34), while the majority of the VA group (47%) is between 35 and 50. Additionally, 13% of the VA group are over 50. 61% of the NVA group are between 18 and 34 years of age, while 60% of those that have visited Amazonia are over 35. A comparison of age among the survey respondents thus shows that those that have visited Amazonia (VA) tend to be older than those that have not (NVA). To distinguish among the views held by survey respondents we have to present the responses to each of the questions of the survey. We have made some associations of responses with the intention of outlining the different tendencies that we identify, but the reader might identify others. Before we do so a word about the view of respondents with respect to the website itself should be said. Website evaluation An evaluation of the web-site made by users was included in the questionnaire. Respondents were asked to rate the site between four categories: poor, fair, good and excellent. These categories were chosen as follows: 0, 2, 32 and 15 respectively. Two of the respondents did not offer a rating for the site. Additionally, respondents had the opportunity to suggest improvements. Some respondents suggested changes in design: modification of fonts and colours (some changes had already taken place). There were those who asked for more pictures, a photo album, more links and the construction of a chat room. With respect to the content, some wanted more ethnographic data, another more on political ecology, others asked for better visibility of the maps, while others called for additional links to related sites, and/or more information in general. One suggestion was to make the website less personalised, while another expressed interest in knowing more about the author's research project. Others asked for an enhanced bibliography. Some changes had already taken place by the time these comments were analysed but further changes are still being undertaken at the time of writing. With respect to the questionnaire, two people suggested larger windows to facilitate vision and to be able to comment largely, in contrast, another suggested encouraging more 'yes/no' responses. An important suggestion was: "Perhaps it is now appropriate to include some questions on communication 6 and information flows" (S52). Although not sought explicitly, information was gathered with respect to the use of ICT in the territorial ordering process of Amazonia. One of the respondents suggested that in future the website should be used by indigenous peoples of the Yaigojé. This has been the intention of the author, which has made a visit to Yaigojé (summer 2002) with intention to advance in that direction. Access to ICT for the indigenous peoples of the Yaigojé Resguardo is very limited but present. Future modification of the site will respond to indigenous peoples' feedback. During the visit few indigenous people gave their opinions on the website but several discussions on the roll of ICT in developmental processes took place9. Q1 - Are development and sustainability compatible? A clear response to Question 1 was that this depends on the definition of both terms: "It is impossible to answer this question as it is, as both terms are open to interpretation… " (S26). The question could have been and was read as: Is sustainable development attainable? Respondent S26 continued: "I think sustainable development is possible but hard to achieve in an environment of often conflicting interests and values (economic vs. environmental vs. cultural.)… " One respondent (S22) did not answer this particular question, and two others seemed to be confused (S38 and S41). Forty respondents (78% of R) answered that they were or could be compatible, although there are differences in the way they perceived this compatibility. Development first There were few respondents that failed to question the meaning of 'development' as concept or practice: the developmental project. These responses somehow postulated that certain environmental concerns should be acknowledged and dealt with in order for the development processes to continue: "Yes… . Development as the integration of western technologies or increase of income per capita, can be carefully done by implementing appropriate technologies into the productive activities of the communities. Sustainability defined as a continuous productivity level over the long term." (S2); "Yes. It is only a question of integration of environmental considerations in all we do and adjustment of behaviours accordingly." (S12); "Yes, because there can never be sustainability without development. People have, first to develop for them to have a sense of sustainability." (S13); "Yes, I do. The point is how you can reach a determinate "state" of development without undermining financial, ecological and human capacities in a determinate site (or taking into account their characteristics)." (S40) SD: human - environmental security There were others that perceived the compatibility or the possibility of sustainable development as the chance to diminish human/environmental security risks: "Yes of course in the long run - otherwise life is not possible." (S18); 9 The author is currently preparing a report that will summarise some of these discussions. 7 "Yes. Both are necessary for the survival of the area." (S21); "Si. Solo las acciones en el hoy nos pueden garantizar acciones en el mañana. (Yes. Only by taking action now we can guarantee we could act tomorrow)." (S23); "Yes, development should always be sustainable otherwise there are costs that are not taken into account. i.e. cost of pollution" (S39); "We don't have any choice. We have to make development and sustainability compatible as it's the only way we can survive and at the same time preserve the earth for future generations." (S42) Pessimism, in the sense that without SD life will no longer be possible, was to be repeated in the responses to all of the survey questions. Sustainability is an aim The majority of the respondents that believed development and sustainability to be compatible or capable of becoming compatible, were also of the opinion that the goal of sustainable development had not yet been achieved. Some of them discussed requisite conditions for achieving sustainability. They either underlined the importance of accepting sustainability as a guiding principle for development policy and interventions or/(and) exemplified ways in which sustainable practices might be instituted: "They have to be. I think they are because they have to be. I am optimistic that eventually it will be seen as natural to have sustainable development, but the problem is when this attitude kicks in." (S3) "Depends on how you define the two terms. If you mean that human quality of life can improve while maintaining the natural resource base, I think this is possible but very difficult to achieve." (S5) "Yes, but development in qualitative and not in quantitative terms." (S8) "Yes… there can be sustainable development in an ecological sense of the word - which means installing 'best ecological practice' in planning development." (S24) "No solo lo creo sino que estoy seguro que ambos pueden ser compatibles. Un desarrollo sin considerar ciertos indicadores de sustentabilidad/ sotenibilidad no es posible o viceversa. Uno y otro deberan de ir al parejo tratando de limar los conflictos que a menudo surgen cuando se pretende no un desarrollo pero un crecimiento economico sin considerar la parte social/cultural o ecologica. (Not only I believe that the two can be compatible, I am certain. Development without considering certain indicators of sustainability is impossible or vice versa. Both should go hand in hand, trying to solve the social, cultural and ecological problems that often arise when economic growth rather than sustainable development is the goal)." (S 25) "Sim, no alto rio Negro onde trabalho a ideia e essa: implementar um programa regional de desenvolvimento indedgena sustentado. (Yes, in the Upper Black River, where I work, the idea is precisely to implement a regional programme for sustainable indigenous development)" (S29) "Yes they are. The problem is with the material and energy growth and its compatibility with some environmental standards, like critical thresholds and so on." (S35) "Yes. The only way is by avoiding rapid over-development and having good planning."(S37) ".El concepto de desarrollo sostenible lo veo mucho mas como algo a lo que se quiere llegar, es una nocion implementada por parte de las politicas gubernamentales y ong's donde lo que se 8 procura con estos es el aprovechamiento al maximo de los recursos con un minimo impacto ambiental y social. (I see the concept of sustainable development as goal towards which we heading. It is an idea implemented through governmental and non-governmental policies which aim at maximum exploitation of resources with a minimum of environmental and social impacts)." (S48) "Yes, because they represent the best option to keep for human life." (S51) The need for local definitions Among the respondents that considered sustainability and development compatible if certain conditions were met, there is group of responses that emphasised the need for local definitions of 'sustainability' and 'development', or 'sustainable development': "They can be compatible providing that development is targeted at the right level i.e. small scale and in-keeping with the natural resources and environment." (S5) "Depende de las condiciones y del desarrollo para quién? Por lo tanto el desarrollo es sostenible si es buscado y logrado por la misma comunidad local (It depends on the conditions and on the question 'Development for whom'? Development can only be sustainable if it is sought and implemented by the local community itself)" (S20) "Yes but mainly if made through indigenous methodologies in their territories in Amazonia" (S27) "Yes. There is work done in northern Scandinavia where the "sammi" (lapps) have been given economical support and encouraged to create their own parliament. They have programs protecting their way of life, language and customs. The Norwegian broadcasting company NRK sends news in the language and coastal dialects. All this, at least for Norwegian sammi (lapps) has been key factors in late developments where communities have developed economically achieving great sustainability, contributing, not only to their well being, but to the sustainability of the inhospitable sub-artic regions." (S31) "Yes - but only if there is an 'appropriate' deployment of tools, techniques and processes of development in line with local community needs." (S52) Semantics and the economic imperative Interestingly, one respondent was very pessimistic about the possibilities for sustainable development even when it was sought and pursued at the local level. This respondent brought into the equation the idea that people are driven by monetary benefits to deplete their environment, even though they know that such practices are unsustainable: "To a certain degree, yes. I think that monetary considerations will always outweigh humanitarian concerns and it is very hard to convince people who are seeking a living from sometimes-meagre resources that it is in their own good to give consideration to long-term sustainable use of their resources. It is usually easier and cheaper to move on to the next area when one area has been depleted." (S17) This last argument derives from a rationality that considers poor people to be collaborators in their own misery. In this particular response there was no questioning of the developmental project or the social structures within which people are stimulated to act regardless of the future; but it did address 'monetary considerations' as the driving force. 9 Those responses that argued that the concepts are incompatible claimed an intrinsic contradiction in "sustainable development": "Development of any kind cannot sustain anything." (S4). Instead of blaming the people (needy or not), the proponents of incompatibility pointed their fingers at 'the system'; contemporary capitalist structures, the current developmental project and the prevailing economic model are seen as unavoidably contrary to sustainable practices: "No because development is premised upon economic gain, and capitalism is inherently unsustainable" (S10); "The problem with sustainability is that the economic model is not compatible with social, economic and ecological aspects at the same time and proportion. The neo-liberal model promotes the economic aspect leaving as secondary the social and ecological." (S19); "No, because development does not imply a recognition of limits or the necessity to preserve the natural and human resources used to achieve it. It is an economic concept, which has bases in the apparently unlimited uses of resources… " (S47); "… Si lo entemos [desarrollo] como crecimiento economico, por supuesto que no son compatibles. Ya que el crecimiento economico, tal y como lo plantean los economistas, excluye de raiz criterios sociales, culturales y ambientales requeridos para la sustentabilidad." (If we understand development as economic growth, of course they [sustainability and development] are not compatible. This is because economic growth, as economist have brought it up, excludes from its bases the environmental, cultural and social requirements of sustainability)" (S34) S.D. inconsistent with the present There are less radical rejections of the compatibility, which do not portray sustainable development as a contradiction itself but rather as inconsistent with current economic and ecological trends. The point such respondents make is that the necessary conditions for sustainable development are currently, rather than inherently unattainable: "… The current model of industrial development, where 'development' means material economic growth, is unlikely to be sustainable on a long term basis for the majority of the world population." (S1) "Present development of our world is clearly not sustainable" (S33) "Yes, they are compatible. But in a different social and economic order, not in the one the world is living now… " (S36) "Yes, if we change the way development is understood, for instance, development is associated to living styles resembling to those Europe and USA have, which are a lot related to consumption. But we could live in a healthier and more compatible way with our environment if we change our pattern of consumption and the generalised idea of development nowadays, it would be turning it into "only use what I need and get from nature, exclusively this, not until I just can't get anymore from it", 'cause I over pressed the place, to obtain more benefits. So, at last, this could be possible but in the long term, I hope not when there's nothing left to do." (S45) 10 Greening politics Some responses expressed doubts about the compatibility of sustainability and development. These doubts arise from the apparent use of "sustainability" as a green rhetoric, the aim of which is the continuation of projects that degrade the environment or human rights: ". usually development translates into cutting down natural habitats without regard to "sustaining" cultures" (S32); "In theory 'yes' but much depends on the definition of the terms and societies' acceptance of equal human rights and obligations to others." (S7) "Los conceptos de desarrollo y de sostenibilidad resultan ser bastantes amplios y ambiguos. En la mayoria de los casos cuando se plantean proyectos de desarrollo se trata de relacionarlos directamente con proyectos que resulten ser favorables para el medio ambiente. Como si un concepto llevara implicito otro, sin embargo creo que lo que se esta haciendo desde hace algunos años es precisamente disfrazar los proyectos de desarrollo para que sean aprobados bajo el nombre de mantenimiento del medio ambiente." (The concepts of sustainability and development are very ambiguous. In the majority of cases, there is an attempt to portray development projects as environmentally friendly[, a]s if one concept implied the other. However, I believe that what has been happening for the last few years is a camouflaging of development projects, in order to get them approved under the heading of environmental management) (S48). Reflections on responses to Q110: If "all development is not 'absolute' but will have a beginning and an end" (S24) then, "[d]evelopment of any kind cannot sustain anything." (S4). The impossibility of re-establishing high quality energy after it has been transform into low quality energy (or entropy) is a characteristic feature of closed systems, this would leave us with a world in decline where there is no possibility of sustaining anything. It could be argued that this is the case, as we cannot even guarantee perpetual solar energy flow. But this is perhaps taking the concept of sustainability too far, leaving us with no possibility for discussion. The central political discussion arising from the different responses revolves around the contradiction between those arguments of compatibility that leave the development project unquestioned and those that reject any possibility of compatibility because of a profound questioning of development. Between the two, the picture is blurred, undefined, open and elusive. There does not appear to be any significant correspondence between the two opposite groups of respondents in relation to whether they have been in Amazonia or not. Three out of five of the respondents claiming that there is absolutely no compatibility between development and sustainability have been in Amazonia; but so have two out of four of the respondents that left the development project unquestioned. However, it may be of some significance that none of those that accepted 'sustainable development' are related to social sciences. Those respondents with academic backgrounds in the social sciences all fit into groups 10 A schematic summary can be found in Table 1, Appendix 3. 11 that see sustainable development as a principle, something to be defined locally or as a reformist greening of politics. None of them were found in the group arguing for absolute incompatibility. The middle ground, where the picture is most blurred, came from the majority of respondents by whom it was argued that sustainable development may be possible but that they were unsure about how it might be achieved. Although these responses varied from those expressing suspiciousness (those pointing out the rhetoric of sustainability) to hope: "They have to be. I think they are because they have to be". This acceptance of a possibility of sustainable development, despite the semantic contradiction and current political rhetorical manipulation of the term, reflects a process of thinking and acting that is deeply rooted in Utopian beliefs. This 'sustainability' will happen in the future, in another time, when local communities take control of their lives and their resources, when environmental protection is taken seriously, when today's actions reflect our responsibility toward the future, etc. According to one of the respondents even continuous increases in productivity will be possible, when the proper technology has been developed. Q2 - Is there a relationship between indigenous reserves (IR) and protected areas (PA)? In Colombia IR are called "Resguardos Indígenas" or "Resguardos de Tierras". The term resguardo, literally means protection. Its meaning is not too different from that given to natural conservation areas of different grades: áreas protegidas, protected areas (PA). Both, IR and PA, emphasise the need for an area to be specially protected. Some of the respondents of this question pointed out an implicit relationship between IR and PA perhaps departing of this meaning: "… In a general sense, indigenous reserves are protected areas; they are protected from outside influence for the benefit of the indigenous people… " (S1); "Yes there are relationships. Both have natural systems and environmental quality that requires some level of conservation and protection" (S9); "Yes , for obvious reason. Because the protected reserves are a birth child of indigenous reserves and because we do not want to lose the nature environment the relationship should be maintained." (S13); "Yes, indigenous reserves are protected areas" (S28) As in the case of Q1 (Do you think that development and sustainability are compatible?) some respondents pointed out that it would depend on what we understand by the two terms: "Depends on the sort of protected area or what we mean with protected area… " (S25). "There could be" (S38); "It could be, but I am not sure" (S46); "… this has to be context specific" (S1). Five respondents simply said "yes" (S37, S18, S22, S43, S50) and one simply said "no" (S15). However many of the respondents did go on to qualify the relationship in some way. 12 Harmony or the need for it Some of the affirmative responses portrayed indigenous peoples as the guardians of the environment while others offered concrete examples of this viewpoint: "Si. Las culturas indigenas han demostrado que sus culturas han vivido armonicamente con su entorno durante miles de años" (Yes. Indigenous peoples have demonstrated that their cultures have lived in harmony with their environment during millennia). (S23); "Empirical evidence through statistical analysis has shown (particularly in Colombia in the north west region of the Sierra Nevada) that there is a direct relation between conservation and indigenous reserves. So, the answer is "yes, I do think so". (S40) There were those that referred to the need for a harmonic relationship because: 1) the environment should be protected for the benefit of indigenous peoples: "… indigenous reserves are related with spaces or areas that the government leaves for indigenous people and protected areas are where the local authorities or government provide the ($) resources in order to protect them" (S19); "Existe una relación, historica y cultural, respecto a su territorio, esto debe ser respetado y protegido para las mismas comunidades indigenas" (There is an historic and cultural relationship with respect to their territories. This should be respected and protected by indigenous communities for their own sake (S20). 2) the protection is fundamental for biodiversity conservation: "… Podria ser que se proteja un area porque existe cierta flora o fauna que esta en peligro de extincion. Por ejemplo, muchos animales que viven en la selva solo se aparean una vez al año en cierta temporada y si estos son interrumpidos por presencia humana su decendencia podria verse aun mas en peligro de extincion… " (It may be that an area is protected because there are endangered flora or fauna. For example, there are many rainforest animals that mate once a year or seasonally; if they are interrupted by human activities their progeny could be further endangered) (S25); "… development there should be restricted for the sake of conservation" (S33) 3) sustainable practices could be developed based on indigenous peoples' experiences: "Yes. By protecting areas where almost all indigenous people are more and more confined, there will be a way to preserve indigenous experiences in order for these experiences to contribute to a sustainable development." (S11). Utopia There were also those sorts of answers that reflected a feeling of hope or a sense of Utopia, in which a harmonic, positive relationship was acknowledged as desirable but not yet achieved: "I imagine IR to equate with PA in some way. Perhaps naively. IR is implicitly protected from external development forces, but not necessarily internal." (S3); "There can be. If people are continuing a way of life that has been sustainable in the past and are able to develop sustainably (… ) there is no reason why both should not coexist." (S6); "Most indigenous reserves must be also protected areas. How to effectively do it? I don't know." (S36); "In countries with mindless and irresponsible politicians and business people, it should be mandatory that 'indigenous reserves' must be synonymous with 'protected areas'. (S42) 13 Contamination and cultural imposition Some respondents signalled the risk of contamination, this is of indigenous peoples being influenced by a mestizo culture and therefore driven to break the presumed harmonic relationship with the natural environment. This may be seen as a lost opportunity, that of the rest of humanity to learn from indigenous experiences or, that of given indigenous people to assert managerial control: "Yes, as indigenous populations tend to live in harmony with nature these areas tend to require protection from the outside world. (S12); "… I also think it is difficult to put it into practice since indigenous people want to be part of the economic system and therefore there is a risk of depletion. Anyway who is better to protect certain areas than the people who have lived there for hundred of years!!!" (S39); "Yes, in fact, so far as I know, many of our indigenous people live in these protected areas, where most of them have been able to live in a sustainable way, I say most of them, because others are affected by the mestizo men that live nearby or want to get something from that place due to its economic importance, affecting these natural areas." (S45) It was pointed out that both types of jurisdiction, IR and PA, derived from a cultural-historical process, in which self-determination was not accounted for: "Yes, a very imperialistic one - especially in the Americas (including Canada). It is an old regressive link between the two, in the 60s and 70s this paternalistic viewpoint saw indigenous culture as static --which is wrong!" (S24); "Yes, they both seem to be defined by the ruling 'white' government." (S26) A respondent that had visited Amazonia (VA) added that there is resistance to this imposition, at least as far as indigenous peoples of Colombia are concerned: "yes-especially when indigenous management systems are practised in spite of the models of dominant society in Colombia" (S27). Similarly, another VA respondent suggested that in Colombia there are no friendly relationships between IR and PA: "It depends from country to country, but in Colombia no" (S10)! Analytical responses The analysis provided by some of the respondents tended to localise the relationship: to put it into the historical process. The analysis underlined the main problem for a "non-confrontational" relationship between IR and PA regimes. As they are designations that came about without public participation and from a rationality that is especially alien to indigenous peoples, when IRs and PAs overlap, competition for management arises. These type of answers either acknowledged that the relationship happens through overlap, or mentioned the difficulties of hitting indigenous rights and conservation target simultaneously: "Freedom of choice for all people, in terms of lifestyle, cultural heritage can translate into giving management control to indigenous people in protected areas. However the balance between sustainable economic development for indigenous people and at the same time protecting the environment is a difficult topic to discuss at a macro level. Individual environmental and socio-cultural circumstances need to be fully accounted for and explicitly articulated." (S7) "Yo creo que existe una relacion estrecha entre reservas indigenas y areas protegidas alrededor del mundo. Ya que estas dos figuras juridicas en muchos casos (p.e. Colombia) se encuentran translapadas." (I believe there is a close relationship between indigenous reserves and protected areas around the world. It derives from the fact that in many cases these two jurisdictions overlap) (S34). 14 "There is a relationship when they overlap, which I think happens often." (S44) "Los resguardos y las reservas indigenas han tenido la tendencia a considerarse y definirse como areas protegidas, sin embargo me parece importante tener en cuenta que al establecer los limites territoriales entre los resguardos quedan zonas intermedias que no pertenecen necesariamente a algun resguardo, y esto hace de un modo u otro que tambien se presenten roces con diferentes actores. Por la misma razon que al no estar circunscrito en un resguardo aparentemente se consideraría como un area no protegida… " (It has been the tendency to consider the resguardos and indigenous reserves as protected areas. However, I think it is worth considering that when the resguardo boundaries are established, there are zones in-between not ascribed to any resguardo. And this makes it somehow possible for different [political] actors to get confrontational. This happens as a consequence of the non-ascription of the in-between zone, which is not considered as protected area… ) (S48) However it came about and assuming that both jurisdictions are somehow competing, some respondents argued that IR should be more effective, as it gives responsibility to the people for their own lives: "Yes, although I think indigenous reserves serve to protect the environment/area better. This is because they are protected by local people who value the resources and use them in a traditional and more sustainable way. Protected areas can be designated/run by Governments and this can remove the responsibility from the indigenous peoples." (S5); "Yes. I think that indigenous reserves do offer more protection than protected areas because it gives local people more incentive to use sustainable practices. They can see it being in their own interests" (S17) In contrast, one respondent argued: "Maybe there is, but I don't believe in reserves" (S35). And a second respondent (VA) added that poverty have driven indigenous peoples to behave unsustainably: "I think it is possible. However, some indigenous areas are completely degraded because they are selling their natural resources to survive." (S53). This response (S53) is related to one of those made to Q1: "To a certain degree, yes. I think that monetary considerations will always outweigh humanitarian concerns and it is very hard to convince people who are seeking a living from sometimes meagre resources that it is in their own good to give consideration to long-term sustainable use of their resources. It is usually easier and cheaper to move on to the next area when one area has been depleted." (S17) Both answers (Q1-S17, Q2-S53) echo a neo-Malthusian argument. It implies that a 'tragedy of the commons' is happening in Amazonia and elsewhere as result of overpopulation. The politics involved "No. Indigenous reserves and protected areas (for nature conservation) are two different political land use strategies. If the government is assigning an Indian reserve then they should respect the use the indigenous people are making of the terrain according to traditional use or to improved technologies. Areas for Nature conservation must be treated separately and with a different priority. We cannot make the indians responsible for the disappearing of the diversity. The government has to be responsible by applying appropriate conservation and management regimes" (S2) This response makes an argument for the need to differentiate between IR and PA as diverse political strategies that pursue different aims. The first would aim to 15 comply with Indigenous Peoples Rights, particularly that of self-determination. The second political strategy would aim at biodiversity conservation. The respondent acknowledges indigenous social change as indigenous management depends on both, tradition and technological improvement. Interestingly, the analysis provided does not try to conceal the confrontational nature of the relationship; nor does it neither place much hope in conciliation. On the contrary, it advocates for a distinction. If there is some hope or sense of utopia in the response it comes from solutions provided by technological improvement. Which is something this particular respondent had already stressed in Q1: "… . Development as the integration of western technologies or increase of income per capita, can be carefully done by implementing appropriate technologies into the productive activities of the communities. Sustainability defined as a continuous productivity level in the long term." (S2) Non-conclusive comment-Q211 Nowadays, the establishment or enlargement of IRs (Resguardos in Colombia) and PAs requires the interested proponents to follow long protocols, the fulfilment of precise administrative procedures and of legal conditions. One aim of the process is to allow different stakeholders to participate and to assure the fulfilment of fundamental rights to all citizens in equal conditions. In Colombia, like in many other parts of the developing world, when the "juridical figures" were established these procedures were not necessary, therefore, many IRs and PAs were established without participation of all interested parties. It is not surprising that some of the respondents refer to the confrontation or competition of regimes that began with their imposition. It could be of some significance that none of the respondents that claimed the need to harmonise IR and PA have been in Amazonia. In contrast, the two respondents that pointed out that these two regimes are conflicting in Colombia have been there. The analytical response that called for clear differentiation between the two also came from the group of people that had visited Amazonia (VA). From the set of answers given to Q2 it is clear that different and contrasting narratives ascribed to with respect to environmental management. For some of the respondents indigenous peoples are guardians of the environment, victims of colonialism or in risk of a cultural contamination that will force them to adopt maladaptive strategies that would threaten conservation strategies. For others, indigenous reserves are untrustworthy designations: the environment should be preserved against development and human intervention, be it indigenous or otherwise. Therefore indigenous peoples should not be in charge of environmental management. Yet, another political perspective is derived from hopes of compatibility between the two regimes, which although pursuing different aims are seen as relevant for environmental and human security at the same time. Thus, the third perspective could be characterised as dialectic or iterative. From this (last) perspective indigenous experience could help the development of conservation strategies; and, 11 Schematic summary: Table 2, Appendix 3. 16 at the same time, the revision of environmental and conservation management strategies could be vital for the survival of indigenous peoples. Hope or Utopian visions also have a place here: the development of technology is seen as a key component for adequate environmental management. Technological improvement would allow both compliance with indigenous peoples' rights and biodiversity conservation. We are sketching a continuum from our comment on Q1, suggesting that the narrative of conciliation 'reflects a process of thinking and acting that is deeply rooted in utopia'. Q3 - Do you think that the concepts of protected areas (PA), indigenous reserves (IR) and sustainable development (SD) are useful for environmental management today? Two respondents say that the concepts should be context specific: "Yes, but which of them is useful depends on context… " (S1). "As I said before, all these terms have to be defined properly in the first place before they can be applied." (S2). There were two respondents that simply said 'yes' (S14, S22), while one answered: "yes, if it works" (S4). S4's response suggests that concepts are instruments, and not surprisingly many answers referred to the "applicability" of these three concepts. Environmental indians and contamination risk Some respondents reiterated the idea, already expressed in Q1 and Q2, that indigenous peoples are practitioners of SD or conservation managers: "… Indigenous reserves are important because they allow the preservation of a way of living in sympathy with the environment long gone in most areas… " (S12); "Claro que si. Las culturas indigenas son un ejemplo de convivencia y explotacion sostenible del entorno en que viven" (Yes of course. Indigenous cultures are an example of coexistence with the environment they live in and of sustainable exploitation.) (S23); "Yes because indigenous people are the 'shepherds' of the landscape and they have a first-hand understanding and experience (handed down from previous generations) of ecosystem processes. Sometimes indigenous customs and habits reflect an understanding of nature's processes that can be exemplary in the planning of management plans… "(S41) One response re-enforced an idea presented in Q2, that indigenous sustainable practices are in risk as the younger generations begin to adopt western lifestyles: "… , but this knowledge is also in danger [endangered],… , shamanism is related in many cases to the management of the natural resources, but I have listened to the indigenous people from the community that I'm working in, that they're not interested in receiving this knowledge from their parents, and day by they they're a lot like us in their agricultural practices." (S45) Principles as instruments Various responses made reference to certain conditions that would have to be fulfilled in order for the concepts to be useful. This perspective, where the concepts are understood as political instruments, could be useful if a 'real' or 'truth-value' definition of them were accomplished. This truth-value would come from using the political instrumentality of a concept only if it were to reflect a set of principles such as intergenerational equity, empowerment, and participation. 17 And, in the case of participation, special emphasis were given to the incorporation of indigenous people, their knowledge and ways of dealing with the environment: "The concept of protected areas will only be successful if indigenous peoples are involved, therefore this would seem to indicate that indigenous reserves would be the best way forward of the two" (S5) "… indigenous reserves need to be redefined according to the wishes of the people who will be living in them,… (S6); "… If sustainable development means development with the means which exist and with the participation of the people concerned… " (S11); Yes. Exercising indigenous knowledge should not be limited to reserves but integrated into the management plans along with scientific knowledge more widely. (S26); "Yes… Any protected area, etc. must actively incorporate the participation of indigenous people" (S41) The idea of intergenerational equity is attached to that of resource reserve for the developmental process: "Yes… The sustainable development concept relating to the obligation of the present generation to leave enough natural assets and capital for future generations to enjoy at least the same quality of life we enjoy today must be at the heart of environmental management activities." (S12) "Yes, because the natural environment that we believe is endangered should be protected as a reference in future years to come and because of this a sense of environmental management is very important as the same environment becomes a resource for development" (S13) "Yes. We need to protect the area and its people and provide for sustainable development. (S21) "… pero estoy cierto que las areas protegidas independentemente del interes en prervarlas desempeñan un papel importante en el manejo de ambientes naturales para la captura de CO2, conservación de recursos biogenéticos/biodiversidad/ y como elementos de estudio para futuras generaciones… " (… but I am certain that, independently of the interest in preserving them, protected areas play a roll in the management of natural environment for CO2 sequestration, conservation of biodiversity/genetic resources and as study subjects for future generations (S25) "yes, otherwise development will go against our own endurance. I think we have to consider the possibility that we are not the most powerful force in this world." (S38) Risk and Protection Following this idea is that of concepts (as political instruments) being useful if they could provide and enforce protection (S13, S21 above). In this case either the environment is seen at risk (endangered species or ecosystems) or both indigenous peoples and their environments: "Yes. Protected areas are important as pools of natural resources not affected by human activity. Indigenous reserves are important because they allow the preservation of a way of living in sympathy [tune] with the environment long gone in most areas." (S12); "I think they are vital. Until everyone has a responsible attitude to environmental control certain protections have to be enforced." (S17) Some of the responses expressing a need for environmental protection have a sense of impending catastrophe: "Yes, but they are loaded concepts so we have to be careful in using them… sustainable development is the only way we will survive, but is usually glibly applied." (S6); "in a limited sense perhaps.but what we need to accomplish is protection of all that there is left, without cutting and taking land around the so called protected area. stop the modernisation process wherever it has not already reached into" (S32); "Yes, because they are the only source to preserve life on earth." (S51) 18 Protection but of cultural diversity: "… They may contribute to 'capturing' and saving fragile cultures and 'unknown' languages." (S31) Although acknowledging the need for protection, some respondents made it explicit that IRs were not effective, as the policies derived from such concepts (regimes) would increase risk instead of attenuating it: "… in terms of indigenous groups if they become circumscribed to a specific protected area then this will prevent persistence of nomadic lifestyles etc. and as a result the protected area may become 'unsustainable' as people are becoming circumscribed to a specific reserve. I guess this also answers the question on indigenous reserves, however, the indigenous reserves of N. America should be used as an example of the problems of tying people to such reserves,… " (S10) "… 'indigenous reserves' are not so useful - most of indigenous social problems have been caused by the colonisers, and are being reproduced through generations. Keeping indigenous people enclosed in such areas, and introducing paternalistic rules and laws is not healthy for any society. It instils racism in a society, and will not ensure that indigenous practices of environmental management will be maintained - that depends on the indigenous group and how they choose to manage their environment… " (S24) The need for integration and its impediments Some emphasis was put on the idea that there is or should be a link between the concepts (political instruments): "Yes all concepts are useful as they each permit different aspects of the economic/ecology debate to enter into the wider public arena. Ultimately for there to be sustainable solutions to environmental problems there needs to be a holistic approach adopted… " (S7) "… environmental development will not be meaningful without taking into account the interrelation between 'indigenous reserves' and 'sustainable development'" (S11) "Yes, because all areas are linked with each other very closely" (S18). "Yes. Exercising indigenous knowledge should not be limited to reserves but integrated into the management plans along with scientific knowledge more widely." (S26) "… Lo que creo es que tanto las reservas indigenas, como las areas protegidas deberian orientarse hacia un desarrollo sostenible. Bien sea que estas dos figuras se translapen o no. Si entendemos el desarrollo sostenible como un proceso que involucra criterios sociales, culturales, economicos, y ambientales." (… What I do believe is that indigenous reserves as well as protected areas should direct their attention towards sustainable development, whether or not the entities [juridical regimes] overlap. If we understand sustainable development as a process that involves social, cultural, economic and environmental criteria.) (S34) However, quiet a few responses pointed out the problems that prevent this integration from taking place: 1) Incompatibility of interests between IR and PA: "… Protected areas are useful, but they raise the debate as to whether one should protect an area and exclude people from it so that a certain species/ archaeological site/community can survive or whether people should have access… " (S10); "It is quite difficult to harmonies those concepts, specifically among indigenous people. They are convinced that 'sustainable development' is an imperialist concept, and the first idea they have -as far as they hear the concept- is that they are going to be exploited by others… " (S40) 2) The prevalence of economic efficiency and profit at the expense of anything else: 19 "… El desarrollo sustentable que ha sido cada vez mas un objetivo importante en varios paises del mundo. Pero encontrar los balances correctos ha sido y es dificil, particulrmente cuando las sociedades y gobiernos estan sometidos a un proceso de globalizacion y de efeicientizacion economica. He ahi los conflictos permanentes de lograr un desarrollo verdaderamente sustentable que considere no solo los aspectos economicos, pero politicos, cultrales, sociales y ecologicos o ambientales. (Sustainable development has become an increasingly important objective in several countries around the world. But to find the correct balances has been and continues to be difficult; in particular as a result of societies and governments being subjected to economic efficiency within the globalisation process. There are permanent conflicts in the way of obtaining a real sustainable development that involve not only the economic aspects, but also the social, cultural, ecological and environmental criteria " (S25). "… too many people think of 'sustainable' as meaning economic sustainability and not environmental sustainability." (S30). "… While protected areas and indigenous reserves serve to maintain environmental quality, the concept of sustainable development is often disregarded for the sake of profits and globalisation." (S33) 3) Political manipulation: "I think there have been problems with these concepts for two reasons: First, they mean different thing for different people, second, they have been used and to serve particular interests. There are several and opposite definitions of 'sustainable development' and it's a difficult concept. 'Indigenous reserve', used as a general concept does not describe usefully the complex realities and 'protected areas' have been used to serve particular interests over time so I think it is seen suspiciously by a lot of people." (S44) "I think so, but these concepts are used a lot by politicians, and then the meaning can be manipulated". (S46) "… The big problem is not related to the concepts alone, it is related to the way in which these are applied according with particular interests and purposes. Many times the terms are used by different groups or organisations in order to pretend to be environmental friendly or responsible, when the real purposes reveal an opposite target or interest." (S47) "… Muy seguaramente estos términos se manejan como deben ser en el plano académico teórico, mas no ocurre lo mismo en el ambito práctico donde lo que prevalece son los interese de los diferentes actores que trabajan en este campo, lo que lleva inevitablemente a que se presenten situaciones de tension entre estos y se deje de lado el objetivo primordial en cuanto a la conservación y le manejo ambiental" (For sure, theoretically and within the academic circles these concepts are managed as they should be. Although, in the practical scenario privilege is given to the particular interests of those different [political] actors who work in this field. Thus, it is unavoidable that tensions will arise between these [political actors], which leave aside the fundamental aim of environmental management and conservation) (S48) 4) Semantics, the concepts mean too many things to too many different political actors (S44 above): "… 'Sustainable development' is not so useful for environmental management, as the concept is too contested - it means too many different things to different people." (S24); "As I said, the problem is that there are many definitions of those terms and it makes it difficult to determine if they are useful in one place compared to other places" (S50) Dynamism The perspective of 'dynamism' reflects a perception of mutating meanings as an advantage. Under this perspective 'contested' means 'in change', which is seen as part of a learning process, which is in tune with the idea of local definition of concepts (emphasised above): "Ultimately for there to be sustainable solutions to environmental problems there needs to be a holistic approach adopted, where people can better appreciate that their lifestyle has much in 20 common with others - even if they are in an OECD country and cannot appreciate the day to day lifestyle of someone in a less developed country. … . Therefore the concepts listed can provide an opportunity to raise the awareness of the majority of the world's people." "Yes, there is plenty that can be learned from these three concepts and also applied" (S37) "A lot, I believe there are a lot of things we can learn from them, specially in this field of study,." (S45) "If these concepts are [understood or interpreted] under a dynamic and changing world (attached to contexts), which mean that there is not a unique definition or way to apply them, I think they are still useful for environmental management." [original: understanding or interpreting… ] (S47) The need for new concepts-Q3 Contradicting narratives can be appreciated through the reading of these responses. There is a group of respondents that are uncritical of the concepts or the policies derived from them (like S37, S45 above and): "Yes, they are important to efficient environmental management" (S28); "Yes. An understanding of the mechanism of these terminologies is essential for effective environmental management … " (S9). Another group could be made out of those responses that reflect suspicion or are definitely critical of the concepts (S10, S24, S25, S30, S33, S40, S44, S46, S47, S48, S50 above). And, besides the group of respondents that express conditionality or hope (see above), there is a group of responses that, while critical of the concepts, acknowledge that at present they are all we have: "… which of them is useful depends on context… If an ethnic group is to be allowed to determine the course of events within its own territory, then the territory must be reserved for them until such time as they develop complete autonomy or decide to integrate more closely with wider society. Sustainable development may seem a rather broad, unspecific term, but it does at least draw attention to the unsustainability of conventional development… " (S1) "… The concept of sustainable development is gradually getting better developed and, even if it is not strictly attainable, gives decision-makers something to work towards… (S5) "I don't agree with the concept of SD as it is a contradiction in terms, but at present there are few better alternatives… " (S10) One respondent actually moved forward in the critique, pointing out that the concepts were built on preconceptions and identifying the need to generate new concepts that would integrate the useless categorical divide of nature and society: "I think they are old fashioned, and generated by the Anglo-Saxon culture. We should move towards an increased compatibility between human activities and nature, making it therefore not necessary to talk about reserves, or natural areas." (S35) Non-conclusive comment-Q312: The majority if not the totality of respondents took 'concepts' as 'politics'. They discussed the history of these politics, their adequacy and sufficiency. It is very interesting that while the conduct through which political ideas become policies is supposed to be complex, it is obvious for the respondents that there is more than theoretical debate going on in the process of policy making. There is a prevailing, sometimes automatic or non-reflexive awareness that narratives pursue the aims that drive the policies and politics that are transforming the environment. 12 Schematic summary: table 3, Appendix 3. 21 In continuity with the results of Q2, only 1 out of five respondents of those who argued for the need to integrate the concepts had been in Amazon; while the two respondents that argued the case of 'incompatibility of interests' had been there. Of those which suggested that these concepts –political strategies- are useful for environmental protection or that this is the last chance –catastrophism- for life, none had visited Amazonia. It may be of some significance that none of the five respondents that suggested that IR might be a better strategy than PA have been in Amazonia, while one person of the two that argued that IRs are ineffective had been there. The responses correspond to several narratives that can be identified. One of them is that of 'confidence in science and trust in political instrumentality' derived from the (traditional definitions of) concepts outlined. Another narrative is that of 'natives as heroes and outsiders as villains', which is reflected in the suspiciousness of concepts based in untested assumptions and in mistrust of the governmental policies derived from them. In summary there is a status-quo narrative and a counter narrative. Yet a third type of narrative could be identified, that of 'critical understanding'. Q4 – Should environmental managers (EM) get involved in the territorial ordering process (TOP) of the Amazon? One of the respondents simply answered yes (S4). One was unsure (S52), perhaps suspicious? One considered the question was tricky (S32), and three of them put the question into question. Two of these responses asked for the term 'environmental manager' to be defined: "Difficult to answer. Define the roles, mandate and empowerment of the environmental manager… " (S31); "What do you mean by environmental managers?." (S6). The third one was more critical: "this sentence is colonialist as if indigenous peoples of Amazonia were not in fact environmental managers" (S27). With a similar intent, one respondent argued that indigenous people were better-qualified environmental mangers: "Las comunidades indigenas han sido las mejores administradoras del territorio ancestral, eso debe ser respetado y replicado en zonas donde la intervención humana 'civilizada' ha afectado las condiciones ambientales. (Indigenous communities have been the best managers of ancestral territories, this should be respected and should be replicated in areas where 'civilised' human intervention has affected environmental conditions) (S20)" The response of Indigenous peoples as better managers had been expressed in Q1, Q2 and Q3. Another three responses reinforced the ideas of catastrophism, the need for urgent environmental protection and to stop development (S32, S33, S42). Perspectives EMs are the ones: "Definitely" (S12); " … They have in many cases a better view for the long-run." (S18); 22 Yes. Who else is better suited to do so?" (S21); "Environmental Managers should get involved. They are best able to ensure protection of ecosystem" (S28); "Por supuesto que si. Ya que el ordenamiento territorial de un territorio (en este caso de la Amazonia) debe tener como objetivos el desarrollo sostenible." (Definitely. Territorial ordering (of the Amazon in this case) should have sustainable development as an objective) (S34); "Because they are the ones that can understand the balance that must exist between economic development, traditional culture and environment." (S36); " They should, how can they do whithout?" (S46) "Yes, because they can contribute to better territorial ordering in the region" (S53) EMs and scientists figure out the solutions and take the decisions: "Deben estar involucradas todas las personas del planeta, pero con mas razon los 'decision makers', que a fin de cuentas, toman las acciones concretas sobre nuestro futuro medioambiental. (All people from the planet should get involved, but the 'decision makers' have more reason to be there, after all they are the ones that take the concrete actions in respect to our environmental future) (S23); "Yes, but along with some other scientists, not only because of the importance of the Amazon from a global point of view, but specially for the importance for the people living there." (S35); "Yes, always considering multiple disciplines result in a better understanding and so better solutions." (S38) But taking into account the other opinions: "Yes, although indigenous peoples will also play a major part and without them any agreements between Governments and environmental managers will not work… " (S5); "Not always, because it is necessary to take into consideration lay people's opinions too." (53) Indigenous peoples direct EMs: "If they are asked to do so by indigenous peoples, I see no problem with this." (S1); "Territorial ordering should be primarily decided upon by the indigenous groups that inhabit them, … ultimately decisions need to come from the bottom upwards" (S10); "… The indigenous people should be in charge of the program at the ultimate level" (S14). " They should but they should make sure they respect the opinion of indigenous people and they should be very discreet in their approach and aim for cooperation." (S41) EMs have equal rights to participate as other stakeholders: " Of course. All actors should be involved in the process… It doesn't mean that they have to take decisions but they can evaluate the circumstances under different and also important perspectives." (S2); "What do you mean by environmental managers? But yes, I think they also have a stake in the fate of the Amazon, and have a right to make their voices heard. (S6); " Involvement - yes but only in collaboration and co-operation with the Amazonian people and those in the higher levels of bureaucracy and policy making … Environmental managers can make significant contributions in this area, given their depth of understanding of the issues (relative to the general public)" (S7); "Deveriam estar envolvidos no processo de re-ordenamento territorial, junto com edndios, ribeirinhos etc" (they should be involved in the territorial ordering process together with indigenous peoples, riverine inhabitants, etc." (S29); " I think they should be involved as advisors and technical support but I support the idea of a non-technical management, where decisions are taken by the different stakeholders based on the technical advice and the social, cultural and economic factors." (S44) 23 But this intervention should be avoided within indigenous territories: "Not in indigenous reserves or territories which historically have been managed by indigenous communities. In other areas, should be taking part in dialogue of knowledge between cultures, people, communities, scientists and decision makers from private and government sectors, to order process on the amazon area." [Original text:… historically has been management by… ](S47) The apolitical EM: "Yes, but not for political reasons. It should be for the cause of sustainable use of our natural environment which is our heritage." (S9); " … Generally though I think that environmentalists like missionaries before them should not get involved in political processes as this can have a very negative reaction within the local community." (S17) "Yes, their knowledge will hopefully be of use in the ordering process" (S37) The political participation of EMs: "Yes, to counteract the interference of other external actors but hopefully to work with the indigenous people respecting their values and practices, not independently." (S26) EMs as facilitators of the dialog between IK and WS: "… without them [indigenous peoples] any agreements between Governments and environmental managers will not work. Environmental Managers should facilitate discussion… " (S5); "Territorial ordering should be primarily decided upon by the indigenous groups that inhabit them, environmental managers roles here should be as referees to help in the co-ordination of the process, but ultimately decisions need to come from the bottom upwards." (S10); "It's necessary for people involved in this field of study, that had already gained a conscience, and that are able to understand that we have to work with indigenous, not from our usual management vision, but theirs, trying to see the world like they do. In this way could be easier, perhaps to understand and give convincing and why not scientific arguments to the authorities (or people in charge of handling these affairs) about the different way they have already distributed their territory, which [in] most of the case (if not all) doesn't have our political distribution. (I.E, those groups that live between Colombia and Brazil boundaries) they don't have the same division of territories, because of this, they must be managed in a way more in concordance to their political organisation." (S45) Capacity, ability and quality of EMs: "Depends who the environmental managers are - if they are from the area and have a passion for the area, then why not. If they are drafted in from outside, and seen as the 'outside experts' then probably not - it usually causes friction within the area."(S24) "Define the roles, mandate and empowerment of the environmental manager. They may fall into different categories, of which I may name at least 4: 1. The conflictive manager. Created by a lobbying body. A good example is the body (forget the name) that is in charge of the Everglades in Florida. Their work is tainted by conflict of interest: the provision of water to cities and sugar cane farmers, at the same time maintaining the 'wet lands' as an ecosystem and controlling flooding! 2. The romantic. Exemplified by rich Europeans or North-Americans. Wanting to keep habitats, they may buy some land and resort to eco-tourism in order to keep their sustainability. I believe there are some German managed 'eco' destinations in Ecuador. Driven by an alternative way of life, they may not 'manage' the environment as they should. 3. The bureaucrat. A member of a government agency or NGO that may not be aware of local needs, responding always to policies made from a distance. Current legislation may be a hinder. "Los paisas", developed and colonised what is today Risaralda, Quindio, Caldas and 24 parts of Choco in Colombia, by using legislation that enabled them to cut and clear big forest areas to be claimed afterwards, creating the concept of the "colono". A colonisation process I witnessed in Caquetá some years ago. 4. The "grass roots" manager. Perhaps, the type who knows best the ecosystem and the power relationships that develop around it by the people involved with it. Usually their voice is not heard, mainly because of the threat they represent to some landowners or 'colonos'. If the law regarding claiming land that has been cleared is still existing, managing the environment is going to be a great task. One shall not forget that the 'colono' phenomenon represents one of the many socio-economical problems a nation like Colombia faces. … Management work usually develops around a policy. Trust among all participants is primordial. There ought to be some kind of legal-economical framework that will ease management work. If this is in place and all conflicts of interest reduced, then the territorial ordering process of Amazonia may become real." (S 31) Political risks, EMs tough job: "Yes, however the pressures on the person might be extreme. It would be preferable to have both on-site environmental managers and use some respected external managers as reference." (S15); "Yes, but bearing in mind that you should work with politicians and many kinds of 'parasitic' people which are thinking every day in the short term. It means that environmental managers are not enough for sustainable management and use of natural resource: their analytical models as well as their technical capacity is necessary, but they cannot work isolated, they require to work with others, despite the fact that 'the others' could (and should) think in a different way." (S40) Summarising-Q413 Like in the responses to Q1, Q2 and Q3, we can identify different and often contradictory perspectives. There were those that argued that environmental managers14 are the best qualified for the task and appeared somewhat perplexed by the question. Within that group there were those responses that assumed that decisions were taken by environmental managers or should be taken by them, although two expressed that others' opinion should be considered to a lesser extent. In the other direction were the responses that questioned intervention by EMs and considered it useful only when the decision-making process was led by indigenous peoples themselves. Yet, a third group was of the opinion that EMs should get involve in the same conditions that other stakeholders, such as indigenous peoples but, one respondent suggested they should not intervene in the management of indigenous peoples' territories at all. 13 See also Table 4, Appendix 3. 14 Called EMs in the survey to differentiate them from other experts and indigenous peoples. As it has been explained elsewhere (See "The march of the Manikins: Agroforestry practices and Spiritual dancing in Northwest Amazonia) indigenous peoples management of the environment departs from a different rationality and uses different instruments. What indigenous people from Northwest Amazonia call "management of the world" is not only a set of shamanistic practices but a way of living that combines social aims, aesthetic values, religious believes, and economic practices in a distinctive manner. Although acknowledging indigenous peoples from Northwest Amazonia are in fact environmental managers, the author has stressed that their "management of the world" incorporates many things, some of them of tremendous importance for environmental management more generally. 25 The other contrasting perspectives concerned the character of the intervention. While one group of responses were of the opinion that EMs should not get involved in politics, but have a technical approach, others thought that they should get involved to contrast and balance the political interests of other groups. A third group emerged, which advocated the intervention of environmental managers as conciliators and facilitators. Related to this roll of managers as advisers there was a group of responses showing concern with the capacity, ability and quality of environmental managers and, the possible risks that they have to face. Non-conclusive comment-Q4: As in responses to questions one, two and three, we can trace arguments and contra-arguments. One set of respondents portrays EMs as heroes. In this scenario they face a tough job, they are well trained, better able and indispensable for the process of territorial ordering; their politically risky job in which they have to make the decisions would be fundamental for diminishing environmental risk and even saving life on earth. (As in Q2 and Q3 none of those arguing conservation/catastrophism had been in Amazonia). A counter narrative is that provided by respondents arguing that EMs' participation should be directed by indigenous peoples (IP) or that the projects should be led mainly by natives, and that EMs should not intervene in the management of indigenous territories: in this case the heroes are indigenous peoples. A second counter narrative seems to be reflected by some of the respondents. In this scenario, EMs like IP should have equal rights to participate as different stakeholders, in this case decisions would come from a rational process in which dialog between cultures would take place. The participation of EMs would not be limited by their status/power but by their capacity, ability and their roll as facilitators or conciliators. Discussion European colonisation of Africa, Asia, the Americas, and Australasia from the late fifteenth century onwards, gave a tremendous boost to the volume of global transactions involving natural resources. Over the long run, trade in these resources, and in an increasingly diverse array of environmental services, has been expanding ever since. However, much of what is called globalisation in the twenty first century has more to do with developments in information technology since the late 1900s. The increasing speed of communications media and information transfer have proved fundamental in economic restructuring and the transformation of the world into a largely urban space (Castells 1996). In the globalised, twenty first century, local political decisions have little chance of being autarchic; international policy advisors inform local stakeholders about what is considered adequate or legal in accordance with international treaties, foreign protocols and political compromises. The local politics of environmental management is the concern of everybody: corporations, governments, international, regional and national NGOs, all of which compete for access to information and expansion of their scope of power in the political arena (Ambrose-Oji, Allmark et al. 2002). During the 1990s, and especially after the Río Earth Summit in 1992, one of the main topics of discussion was management of the global environment (Sachs 26 1993). Global targets for sustainable development were established at Río and similar processes were set in train at regional, national and local scales all over the world, following the guidelines set out in one of the policy documents agreed at Río: "Agenda 21". The official discourse that emerged from the Río process was replicated and many of the assumptions that informed the original discourse have been accorded a quasi-factual status by many people all over the globe (Sevilla_Guzmán and Woodgate 1997). The official discourse on globalisation emphasised the need for environmental management at supranational levels. At the same time, counter-discourse or anti-globalisation narratives have emerged. These emphasise the rights of indigenous people and local political actors to manage natural resources independently, in ways that allow them to make their own livelihood decisions and establish resource-use regimes that can provide the environmental goods and services that people need15. The management of the environment has always motivated debate and often led to confrontation. One of the main arguments of conservative conservationists concerns the 'vulnerability' of rainforest environments, and thus the need for their protection. Since the 1980s the problem of deforestation of tropical rainforests has been a global issue with special emphasis in South East Asia, the Congo basin and Amazonia (Adger, Benjaminsen et al. 2001). In a 1998 analysis of 'rainforest' web-sites, Stott revealed four metawords within the conservation rhetoric: orientalism (the exotic other), climax (harmony), old age (ancient, undisturbed) and vulnerability (Stott 1999). Metawords such as these become key rhetorical devices so that even research and development project proposals tend to employ them, thus replicating assumptions that are no longer questioned. How is this metalanguage produced? What are the bases of its principal cannons? And why is it that semantic analysis tends to remain the preserve of scientists – or is it something that is also dealt with at a local level? Narratives can be traced back in time. Equilibrium disturbance (climax rupture) and environmental fragility (vulnerability) both played parts in Hardin's 1968 'tragedy of the commons' (Hardin 1998). The neo-Malthusian discourse of environmental catastrophe as a result of an increasing population (of 'poor people') lies at the heart of Hardin's tragedy. The conservative conservationist perspective on the management of the rainforest is based on mistrust of systems of environmental management in which property rights (over life and resources) are not yet marketable. From a conservative political perspective responsible environmental action can only be achieved through the clarification of property rights to allow the unfettered action of free markets for the negotiation of such rights. It is assumed that the tragedy of the commons is happening or will happen in rainforest contexts where private property rights are not yet the rule and where societies still practise communal environmental management regimes based on indigenous knowledge rationalities in which nature and society form an ontological continuum. For conservatives only free markets for environmental rights, good and services can guarantee sustainable development. Neo-Malthusian 15 The discourses that emphasise on the need of eco-efficiency, economic transnationalization and planetary ecological management, were named by Sachs as contest and astronauts' perspectives. And the counter-discourse arising from the desempowered communities of the South as the home perspective (Sachs 1977). 27 and neo-liberal assumptions are fundamental to this perspective on sustainable development. With the aim of promoting Agenda 21 at local, national and regional levels, a complex and sophisticated process of institutionalisation was embarked upon. Amazonia did not escape this process; governmental officials or conservationist NGOs replicated the dominant conservationist discourse at the local level in NWA16. This official discourse of deforestation with its main initiative of protection of the environment from people has been labelled 'hegemonic' (Stott and Dullivan 2000) or 'neo-Malthusian' and 'managerial' (Adger, Benjaminsen et al. 2001). It should come as no surprise then that counter narratives have developed in Amazonia (and elsewhere), for many of which the principal intention is to contradict the conservative policies derived from this hegemonic discourse. The rights of indigenous people to define the course of their lives: their rights to manage natural resources and the environmental services used or supplied by the Amazonian environment have been key issues in these significant counter-claims against the official Amazonian territorial ordering politics and policies, which have involved environmental management that has been designed elsewhere. This counter-narrative pursues the principle and right of self-determination against the interests of political initiatives for global environmental management. The counter-narrative was not just a reaction to neo-liberal, neo-Malthisian conservative politics and conservation policies during the 1980s and '90s, however. In Latin America, all indigenous peoples' rebellions against the European empires were motivated by a call to reconstruct pre-colonial socio-cultural orders returning to territorial orders where the management of 'agroforestry' was undifferentiated from the sacred (Varese 1996:124-25). In modern, post-colonial states, indigenous peoples continued to struggle for the recognition of their territories. In today's NWA this struggle is related to governmental and conservationists policies of environmental management and the presence of armed groups opposed to political resolution of territorial ordering. Many of the Protected Areas (PAs) of NWA were created at a time when no legal procedure was established for public intervention in the designation of such areas. The official titles of the PA or IR (Resguardos in Colombia) have not prevented non-native invasion of lands or the expansion of illegal crop production inside either PAs or IRs. Conservationists and indigenous peoples alike have vacillated between alliances with, and the rejection of, the armed groups in charge of illegal crop production, depending on the political gains to be made and the risks involved in rejecting the proposals or achieving an alliance. The armed groups, on their part, have sought political alliances when such co-operation could benefit their military capacity or improve the managerial efficiency of their enterprises.17 16 With respect to the territorial ordering process, the Colombian Amazon controversy is discussed in Forero 1999, 2000; Forero, Laborde et al. 1998. 17 See Forero 2000, "Territoriality and Governance in the Colombian Amazon". 28 As far as local inhabitants were concerned, rainforest conservation policies arrived in NWA from another space and time. The legal establishment of protected areas took no account of the opinions or desires of the peoples already inhabiting NWA. Indigenous agro-ecosystems and the livelihood strategies of more recent colonisers were both ignored. The ideology expressed through legal frameworks was that of protection of the environment from people. The villains were local inhabitants and the regulations to be enforced were those of expelling people from the 'conservation' areas and maintaining their exclusion. The dominant discourse made no distinction between complex indigenous agro-ecosystems and the less sophisticated livelihood strategies being developed by recent immigrants. All of them were labelled as "slash and burn" agriculture (Myers 1980). Yet it has become increasingly apparent over the last thirty years that slash and burn is just an aspect of indigenous environmental management in Amazonia, which combines agricultural production, fish and game management, ritual prescriptions, and aesthetic developments18. It has even been suggested that movement towards "short cropping/long-fallow" cultivation patterns within indigenous Amazonian agro-ecosystems was an strategic response to alien invasion of territories and the introduction of metal axes (Denevan 2001: 115-31). Today, most ethnoscientists find it self-evident that the concepts of "chagras" (gardens) and "rastrojos" (abandoned gardens) are far too simplified to reflect the structure of cultivations over the short-, medium- and long-terms, in accordance with local knowledge of agro-ecological variation. It is obvious that indigenous environmental management has transformed Amazonian ecosystems for millennia; this was already evident to many of the nineteenth century European explorers19. Even the most knowledgeable people in the industrialised world have no precise idea of how 'vulnerable' rainforest is and few have accurate knowledge about the political conditions facing indigenous peoples or other human inhabitants of the Amazonian rainforest. With respect to NWA, even the most determined researcher would have problems accessing this information. It is often said that the rainforests of Amazonia are the 'lungs of the planet' (S.33), a metaphor used to emphasise the region's role in the carbon cycle, especially the absorption of CO2. This is somewhat ironic given that our own lungs actually consume oxygen and release CO2 during respiration. Indigenous people have been portrayed as villains or victims depending on the observer and the moment of observation. When portrayed as victims the picture is something like this: the wise guardians of the rainforest are obliged by violence to sell their natural resources or abandon their noble environmental practices. The role of violence in the functioning of extractive economies has been well documented. Violent coercion has been the dominant system in NWA for more than a century. Although indigenous people are no longer sold, 'debt-peonage' systems still dominate and exploit poor indigenous and immigrant inhabitants of 18 See Forero 2001, " The march of the Manikins: Agroforestry Practices and Spiritual Dancing in Northwest Amazonia". 19 See Forero 2002a, " Indigenous Knowledge and the Scientific Mind: Activism or Colonialism". 29 NWA. These people are employed for the harvesting, transport and commercialisation of coca base, cocaine and, the functioning of 'extractive economies' in general (Gómez, A. 1999). But there has been an indigenous response. This has sometimes taken the form of open rebellion and sometimes that of making strategic and tactical alliances in an attempt to obtain or preserve political power, to secure the acquisition of merchandise or simply to survive20. The counter-hegemonic narratives that we mentioned above have been labelled 'populist discourse': making it explicit that the victims are the indians and the villains the international organisations, sometimes allied to transnational corporations (like oil drilling companies) and the dependent and often corrupted governments that collaborate with these international organisations (Adger, Benjaminsen et al. 2001: 687). For NWA there are reports that seem to corroborate these arguments; e.g. indigenous peoples and environmental campaigners have protested jointly in Ecuador and Brazil against the construction of massive pipelines planned to cross through both IRs and PAs in both countries. The pipeline construction projects in both countries have arisen following collaboration between national governments and international oil exploration companies and have provoked public feelings of outrage (Weinberg 2001)21 . " [In NWA] Governments, multilateral lenders, multinational corporations, private banks and other institutions may not be counting on the convenient disappearance of indigenous peoples who get in the way of their ambitious development plans, but they often act as if they are." (Rabben 1998:122) "We who live in indigenous communities are surviving in the midst of a war imposed upon us by different factions and by the very same Colombian state that historically abandoned the countryside and permitted our lands to be invaded by waves of colonizers. Today we are caught in the crossfire, menaced by killings and displacement, while the State manifests its presence in the air with planes that slowly kill our plants and animals, our subsistence crops, and our people." (Organizacion Zonal Indigena del Putumayo_ OZIP 2002) However, is it possible to claim that there is a policy of 'ethnic cleansing' for NWA? From one side the whole issue of national sovereignty has been put into question; the expansion of Plan Andino (formerly Plan Colombia), the USA's anti-drug strategy for Latin America, exemplifies the delicate situation in which some of the Latin American countries have entered the twenty first century. The military component Plan Andino is aimed to support economic measures, the famous and indeed infamous structural adjustment plans that have provoked strikes and rebellions22. Additionally, even if there were an official policy of ethnic cleansing, South American States, given their size and power, would find it difficult to implement 20 See "Indigenous Knowledge and the Scientific Mind: Activism or Colonialism" (Forero 2002a), and "Technology in Northwest Amazonia: Sketches from Inside" (Forero 2002b). 21 For recent (March 2002) press releases on this issue see www.amazonwatch.org and www.americas.org 22 See Forero and Woodgate 2002, "The semantics of 'Human Security' in Northwest Amazonia: between indigenous peoples''Management of the World' and the USA's State Security Policy for Latin America". 30 it. The poor, be they indigenous peoples or colonisers are in the middle of a territorial war linked to international networks of criminality; they have been displaced, kidnapped or killed regardless of their claims of neutrality. In the case of Colombia, although some military authorities have been linked to some of the worst of the paramilitaries' atrocities, it has not been proved that the State itself has a policy of ethnic cleansing. In the case of Brazil, in 1996 the national executive proclaimed Decree 1775, instructing a right to contravene which, contrary to 169 WTO international agreement on Indigenous Peoples' rights, gave other stakeholders the opportunity to challenge Indigenous property rights. Paramilitary groups associated with illegal evictions of indigenous peoples in Brazilian Amazonia have long sought such a 'charter'. At the same time, the decree left the definition of indigenous land rights to the will of the executive power itself (Ministry of Justice). But, as in the case of Colombia, it cannot be proved that there is a policy of ethnic cleansing. It has been suggested in the non-conclusive comments on the survey results, that many people's responses echoed hegemonic and populist narratives. Indigenous peoples were portrayed as heroes or victims, as well as scientists and environmental managers. However, quiet a few of responses cannot be associated with either populist or hegemonic narratives. There is a group of responses that reflect critical thinking and are willing to challenge such simplistic dichotomies. Thus, the concept of sustainable development has been questioned, suspiciousness of western, scientific and technological solutions was expressed, and there was little willingness to give environmental managers carte blanche to prescribe whatever measures they might see fit. Interestingly, this last group, while acknowledging the need for: new concepts and adequate guidelines for environmental management, and the difficulty of achieving conservation targets while complying with indigenous peoples rights, still consider the concepts of SD, PA and IR as useful or the politics derived from them as desirable. What is interesting is that the responses to this survey, which were made by outsiders (respondents were not inhabitants of Amazonia), reflect a tendency to picture the conflict over territory in ways that do not correspond to either of the two main narratives. We can say that inasmuch as outsiders see possibilities for political action outside hegemonic or populist approaches, so Amazonian insiders are organising and negotiating regardless of whether their political discourse echoes either conservative or counter-hegemonic politics of territorial ordering. As no significant statistical analysis could be derived from the survey it would be difficult to speak of tendencies. At first sight it seems that adherence to hegemonic, counter-hegemonic, utopic or conciliatory narratives reflects each respondent's intellectual background more than his or her witnessing of the situation of peoples and forests in Amazonia. However, certain coincidences among the responses to each question might be representative: - For Q1-SD, two out of four of the respondents that accepted the imperative of SD without question have been in Amazon, none of them is a social scientist (SS) though and the other two were environmental managers. None of the SSs 31 that had visited the region argued for complete incompatibility between sustainability and development. Instead, SSs were part of a third group acknowledging that the concept of SD might be of some use, given certain conditions. - For Q2 – the relationship between IRs and PAs, not one of those who argued for the need to harmonise the two concepts (5), or those that emphasised SD as a desirable aim that has not yet been reached (4), or those or that argued that IRs are better than PAs (2) had been to the Amazon (in total 21 % of respondents). Respondents that had visited Amazonia (VA) were among those that acknowledged a relationship between IRs and PAs and that the relationship can be both complementary and competitive. Two respondents from the VA group argued that a complementary relationship was not possible in Colombia and one of them pointed out that being political strategies with different aims they should be kept differentiated in order to avoid conflict. This result might indicate that people that have been in Amazonia are more aware of the problems of territorial ordering caused by the imposition of regimes based in alien concepts. - For Q3 – on the usefulness of the concepts, none the five respondents arguing that IRs might be better that PAs had been in Amazonia, while one of the two that argued that IRs are ineffective had visited. Only one out of five respondents that argued for the need to integrate the concepts had been in Amazonia, while both those that argued for an incompatibility of interests have. This result seems to confirm that people who have visited the area are more conscious of the problems caused when policies formulated elsewhere are imported to Amazonia. Conclusions All technological adoption/adaptation has diverse effects in the life and development of society. People living within the society that is adopting them, and the outsiders that are analysing cultural change perceive these effects in different ways. The assessments of 'usefulness' or 'risk' a society makes when adapting/adopting technologies are linked to the conscious and subconscious present and future scenarios into which the society places itself alongside other societies. If the rest of the world wishes to respect Amazonian indigenous peoples' rights of self-determination, they should not intervene in ordering processes of indigenous territories. The problem is that indigenous ways of dealing with the world might not be compatible with the ideas that foreigners have with respect to Amazonia, its peoples and its future. And, for good or bad, fairly or unfairly, each group has a way of intervening and exercising a certain amount of power to modify the global political agenda for the governance of Amazonia in function of their own particular interests. Replication of narratives is a common strategy used by all groups aiming to make alliances and enhance their power. However, the responses analysed here seem to indicate that a large group of people (at least from the academic sector) is 32 unhappy with the assumptions behind either populists or hegemonic discourses with respect to rainforest management, and seeking new ways of environmental policy making. This group of people acknowledged that political conflict has derived from policy formulated elsewhere, and derived from an epistemology alien to local inhabitants. There are varied political groups competing for the governance of Amazonia. Information and Communication Technology (ICT) facilitates analysis and political action. It is expected that better-informed indigenous peoples would be in a better position to make decisions with respect to the governance of Amazonia. At the present time, the indigenous peoples of Amazonia have very limited and precarious access to ICT. Thus, their perspectives on territorial ordering are less likely to be represented than those such as conservation agencies, multinational developers, insurgent and mafiosi groups, all of which have far superior access to ICT. 33 Appendix 1 PRIVACY POLICY: Email addresses will be used only to send out materials related to this survey. Aggregate survey results may be distributed, but all personal data will be kept strictly confidential. No information about individual users will be disclosed to third parties. 34 Appendix 2 Summary of Web-site technical work The most demanding work was designing the pages that would contain indigenous territorial maps. CAD versions of the map would have to be transformed into image files suitable for Web use. In order to do this ArcView- GIS (Geographical Information Systems) software was needed. A picture of the map could be easily generated in ArcView-GIS and to certain extent, editing and colouring could enhance some features. But such a map or, more precisely, such a picture of the bi-dimensional representation of the Tukano territory remained inadequate for publication in WebPages. "The pics were to heavy" (I would learn the ICT design jargon), meaning that the memory used to storage, loading and unloading of these pictures was vast. Besides dividing the map and generating pictures of several areas, these pictures needed transforming to make them 'lighter'. This meant that the pictures had to be edited and the storage format had to be changed in terms of the colour pallet and resolution (a maximum of 72 dpi). Most importantly, the pictures should look better! An early version of PhotoImpactTM was used to change the colours and other features as well as to design the icons that would be used to identify the hypertext links between pages. However, the software was not appropriate for the task and the 'pics' were still too heavy. The design was poor, too rigid, with inappropriate colours and, worst of all the 'weight' of the maps would not allow for easy loading of the images by potential users. To change the maps (pics) again, PhotoshopTM was used, while major design transformations were achieved using FireworksTM software. For the actual montage and edition of the whole web-site Dreamweaver3TM was used. A similar process was followed to generate the vegetation map, which was adapted from one of the Amazonian Vegetation maps generated by Puerto Rastrojo. The introduction to a political ecology taking as a case study the Yaigojé Resguardo, was originally a single text (like in the preliminary version) but following the advice of critical reviewers, this page was divided into six parts. 35 Appendix 3 Table 1 Q1- Do you think that 'development' and 'sustainability' are compatible? RESPONSE - ARGUMENT SURVEY No. NVA VA Profession Unquestioning the developmental project 2 1 PhD Student Biology 12 1 Environmental Engineer 13 1 Environmental Engineer 40 1 Project Co-ordinator (SD) Yes, to diminish environmental risk 18 1 Student 21 1 Taxation 23 1 Designer 39 1 Postgraduate Student 42 1 Biologist Sustainable Development is an aim to be 3 1 Epidemiologist reached 5 1 Civil Servant 8 1 Accountant 24 1 Student 25 1 PhD St. Agriculture & Development 29 1 Anthropologist 35 1 Lecturer 37 1 Postgraduate Student 48 1 Anthropologist 51 1 Postgraduate Student Compatible if defined locally 5 1 Civil Servant 20 1 Lecturer: Ecotourism 27 1 Anthropologist 31 1 Postgraduate Student 52 1 Lecturer: IT & Development Possible but risk of economic imperative 17 1 Unemployed Incompatible a) Contradiction in terms 24 1 Student 4 1 PhD St. Environmental genetics b) Financial economic imperative 10 1 Student 19 1 PhD St. Agriculture & Development 34 1 PhD Student: Environmental Manager 47 1 PhD Student SD inconsistent at present time 1 1 Lecturer: Env. Sociology 33 1 PhD Student 36 1 Research Engineer 45 1 EM SD is green rhetoric 7 1 Student 32 1 Teacher 48 1 Anthropologist 36 Table 2 Q2 - Do you think there is any relation between 'indigenous reserves' (IR) and 'protected areas' (PA)? RESPONSE - ARGUMENT SURVEY No. NVA VA Profession Yes 37 1 Postgraduate Student 18 1 Student 22 1 Anthropologist 43 1 Anthropologist 50 1 PhD Student No 15 1 Consultant: Health & Safety Need to harmonise IR and PA to protect a) For (IP) Indigenous Peoples' benefit 19 1 PhD St. Agriculture & Development 20 1 Lecturer: Ecoturism b) Protection of Biodiversity 25 1 PhD St. Agriculture & Development 33 1 PhD Student c) SD based on IP experiences 11 1 Consultant: Rural Development. SD as Utopia 3 1 Epidemiologist 6 1 Lecturer Ecology Env. Management 36 1 Research Engineer 42 1 Biologist IR and PA are different political strategies 2 1 PhD Student - Biologist IR and PA are colonisation strategies 10 1 Student 24 1 Student 26 1 Student Indigenous resistance to IR/PA strategies 48 1 Anthropologist IR and PA overlapped 7 1 Student 34 1 PhD St. Environmental Management 44 1 Postgraduate Student Environmental Indian 23 1 Designer 40 1 Project Co-ordinator (SD) Environmental Indians contaminated 12 1 Environmental Engineer by mestizo culture 39 1 Postgraduate Student 45 1 Environmental Manager IR are Inefficient 35 1 Lecturer 53 1 Journalist IR more effective that PA 5 1 Civil Servant 17 1 Unemployed 37 Table 3 Q3 - Do you think that the concepts of 'protected areas' (PA), 'indigenous reserves' (IR) and SD are useful for environmental management today? RESPONSE - ARGUMENT SURVEY No. NVA VA Profession Depends on the context 1 1 Lecturer: Env. Sociology 2 1 PhD St. Biologist Yes 4 1 PhD St. Env. Genetics 14 1 Economist 22 1 Anthropologist Indigenous Environmental 12 1 Environmental Engineer 23 1 Designer 41 1 PhD Student Indigenous Environmental in contamination risk 45 1 EM Concepts: Principles and instruments a) Participation: IR better than PA 5 1 Civil Servant 6 1 Lecturer Ecology EM 11 1 Consultant: Rural Development RD 26 1 Student 41 1 PhD Student b) Intergenerational Equity: resource reserve 12 1 Environmental Engineer for Development 13 1 Agriculturist 21 1 Taxation 25 1 PhD St. Agriculture & Dvnt. 38 1 Gardener (MSc) Risk and Protection a)Environmental Protection (EP) 12 1 Environmental Engineer 17 1 Unemployed EP and catastrophism 6 1 Lecturer Ecology EM 32 1 Teacher 51 1 Postgraduate Student b) Of cultural diversity 31 1 Postgraduate Student IR as ineffective 10 1 Student 24 1 Student Integration of concepts or the need for it 7 1 Student 11 1 Consultant RD 18 1 Student 26 1 Student 34 1 PhD Student Env. Mgment. Difficulties for integration a) Incompatibility of interests 10 1 Student 40 1 Project co-ordinator (SD) b) Financial economic effectiveness' imperative 25 1 PhD St. Agriculture Devent. 30 1 Postgraduate Student 33 1 PhD Student c) Political manipulation 44 1 Post. St. Environment 46 1 Lecturer 38 47 1 PhD Student 48 1 Anthropologist d) Semiotic blur 24 1 Student 50 1 PhD Student Education: Dynamism of the concepts 37 1 Postgraduate Student 45 1 Environmental Manager 47 1 PhD Student 39 Table 4 Q4 - Should or should not environmental managers (EM) get involved in territorial ordering process in Amazon? RESPONSE - ARGUMENT SURVEY No. NVA VA Profession Yes 4 1 PhD St. Evolutionary Genetics In fact they are 22 1 Anthropologist Unsure 52 1 Lecturer: IT & Development 32 1 Teacher Question into Question 6 1 Lecturer Ecology EM 31 1 Postgraduate St Indigenous Peoples as EM 27 1 Anthropologist Yes, for Env. protection (catastrophism) 32 1 Teacher 33 1 PhD Student 42 1 Biologist Yes, EM are the ones (better able that IP) 12 1 Environmental Engineer 18 1 Student 21 1 Taxation 28 1 Lecturer 34 1 PhD student 36 1 Research Engineer 46 1 Lecturer 53 1 Journalist EM provide solutions/ take decisions 23 1 Designer 35 1 Lecturer 38 1 Gardener Yes but listening to others 5 1 Civil Servant 53 1 Journalist If Indigenous Peoples direct EM or projects 1 1 Lecturer: Env. Sociology 10 1 Student 14 1 Economist 41 1 PhD Student EM have equal rights to other stakeholders 2 1 PhD St. Biology 6 1 Lecturer Ecology EM 7 1 Student 29 1 Anthropologist 44 1 Post. 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Quantifying the genetic correlation between cancers can provide important insights into the mechanisms driving cancer etiology. Using genome-wide association study summary statistics across six cancer types based on a total of 296,215 cases and 301,319 controls of European ancestry, here we estimate the pair-wise genetic correlations between breast, colorectal, head/neck, lung, ovary and prostate cancer, and between cancers and 38 other diseases. We observed statistically significant genetic correlations between lung and head/neck cancer (rg = 0.57, p = 4.6 × 10-8), breast and ovarian cancer (rg = 0.24, p = 7 × 10-5), breast and lung cancer (rg = 0.18, p =1.5 × 10-6) and breast and colorectal cancer (rg = 0.15, p = 1.1 × 10-4). We also found that multiple cancers are genetically correlated with non-cancer traits including smoking, psychiatric diseases and metabolic characteristics. Functional enrichment analysis revealed a significant excess contribution of conserved and regulatory regions to cancer heritability. Our comprehensive analysis of cross-cancer heritability suggests that solid tumors arising across tissues share in part a common germline genetic basis. ; he authors in this manuscript were working on behalf of BCAC, CCFR, CIMBA, CORECT, GECCO, OCAC, PRACTICAL, CRUK, BPC3, CAPS, PEGASUS, TRICL- ILCCO, ABCTB, APCB, BCFR, CONSIT TEAM, EMBRACE, GC-HBOC, GEMO, HEBON, kConFab/AOCS Mod SQuaD, and SWE-BRCA. The breast cancer genome-wide association analyses: BCAC is funded by Cancer Research UK [C1287/A16563, C1287/ A10118], the European Union ' s Horizon 2020 Research and Innovation Programme (grant numbers 634935 and 633784 for BRIDGES and B-CAST, respectively), and by the European Community's Seventh Framework Programme under grant agreement number 223175 (grant number HEALTH-F2-2009-223175) (COGS). The EU Horizon 2020 Research and Innovation Programme funding source had no role in study design, data collection, data analysis, data interpretation, or writing of the report. Genotyping of the OncoArray was funded by the NIH Grant U19 CA148065, and Cancer UK Grant C1287/ A16563 and the PERSPECTIVE project supported by the Government of Canada through Genome Canada and the Canadian Institutes of Health Research (grant GPH-129344) and, the Ministère de lÉconomie, Science et Innovation du Québec through Genome Québec and the PSR-SIIRI-701 grant, and the Quebec Breast Cancer Foundation. Funding for the iCOGS infrastructure came from: the European Community 's Seventh Framework.Programme under grant agreement n° 223175 (HEALTH-F2-2009-223175) (COGS), Cancer Research UK (C1287/A10118, C1287/A10710, C12292/A11174, C1281/A12014, C5047/A8384, C5047/A15007, C5047/A10692, C8197/A16565), the National Institutes of Health (CA128978), and Post-Cancer GWAS initiative (1U19 CA148537, 1U19 CA148065, and 1U19 CA148112 — the GAME-ON initiative), the Department of Defence (W81XWH-10-1-0341), the Canadian Institutes of Health Research (CIHR) for the CIHR Team in Familial Risks of Breast Cancer, and Komen Foundation for the Cure, the Breast Cancer Research Foundation, and the Ovarian Cancer Research Fund. The DRIVE Consortium was funded by U19 CA148065. The Australian Breast Cancer Family Study (ABCFS) was supported by grant UM1 CA164920 from the National Cancer Institute (USA). The content of this manuscript does not necessarily re fl ect the views or policies of the National Cancer Institute or any of the collaborating centers in the Breast Cancer Family Registry (BCFR), nor does mention of trade names, commercial products, or organizations imply endorsement by the USA Government or the BCFR. The ABCFS was also supported by the National Health and Medical Research Council of Australia, the New South Wales Cancer Council, the Victorian Health Promotion Foundation (Aus- tralia), and the Victorian Breast Cancer Research Consortium. J.L.H. is a National Health and Medical Research Council (NHMRC) Senior Principal Research Fellow. M.C.S. is a NHMRC Senior Research Fellow. The ABCS study was supported by the Dutch Cancer Society [grants NKI 2007-3839; 2009 4363]. The Australian Breast Cancer Tissue Bank (ABCTB) is generously supported by the National Health and Medical Research Council of Australia, The Cancer Institute NSW and the National Breast Cancer Foundation. The ACP study is funded by the Breast Cancer Research Trust, UK. The AHS study is supported by the intramural research program of the National Institutes of Health, the National Cancer Institute (grant number Z01-CP010119), and the National Institute of Environmental Health Sciences (grant number Z01-ES049030). The work of the BBCC was partly funded by ELAN-Fond of the University Hospital of Erlangen. The BBCS is funded by Cancer Research UK and Breast Cancer Now and acknowledges NHS funding to the NIHR Biomedical Research Centre, and the National Cancer Research Network (NCRN). The BCEES was funded by the National Health and Medical Research Council, Australia and the Cancer Council Western Australia and acknowledges funding from the National Breast Cancer Foundation (JS). For the BCFR-NY, BCFR-PA, and BCFR-UT this work was supported by grant UM1 CA164920 from the National Cancer Institute. The content of this manuscript does not necessarily re fl ect the views or policies of the National Cancer Institute or any of the collaborating centers in the Breast Cancer Family Registry (BCFR), nor does mention of trade names, commercial products, or organizations imply endorsement by the US Government or the BCFR. For BIGGS, ES is supported by NIHR Comprehensive Biomedical Research Centre, Guy ' s & St. Thomas ' NHS Foundation Trust in partnership with King ' s College London, United Kingdom. IT is supported by the Oxford Biomedical Research Centre. BOCS is supported by funds from Cancer Research UK (C8620/A8372/A15106) and the Institute of Cancer Research (UK). BOCS acknowledges NHS funding to the Royal Marsden/Institute of Cancer Research NIHR Specialist Cancer Biomedical Research Centre. The BREast Oncology GAlician Network (BREOGAN) is funded by Acción Estratégica de Salud del Instituto de Salud Carlos III FIS PI12/02125/Co fi nanciado FEDER; Acción Estratégica de Salud del Instituto de Salud Carlos III FIS Intrasalud (PI13/01136); Programa Grupos Emergentes, Cancer Genetics Unit, Instituto de Investigacion Biomedica Galicia Sur. Xerencia de Xestion Integrada de Vigo-SERGAS, Instituto de Salud Carlos III, Spain; Grant 10CSA012E, Consellería de Industria Programa Sectorial de Investigación Aplicada, PEME I + DeI + D Suma del Plan Gallego de Investigación, Desarrollo e Innovación Tecnológica de la Consellería de Industria de la Xunta de Galicia, Spain; Grant EC11-192. Fomento de la Investigación Clínica Independiente, Ministerio de Sanidad, Servicios Sociales e Igualdad, Spain; and Grant FEDER-Innterconecta. Ministerio de Economia y Competitividad, Xunta de Gali- cia, Spain. The BSUCH study was supported by the Dietmar-Hopp Foundation, the Helmholtz Society and the German Cancer Research Center (DKFZ). The CAMA study was funded by Consejo Nacional de Ciencia y Tecnología (CONACyT) (SALUD-2002- C01-7462). Sample collection and processing was funded in part by grants from the National Cancer Institute (NCI R01CA120120 and K24CA169004). CBCS is funded by the Canadian Cancer Society (grant # 313404) and the Canadian Institutes of Health Research. CCGP is supported by funding from the University of Crete. The CECILE study was supported by Fondation de France, Institut National du Cancer (INCa), Ligue Nationale contre le Cancer, Agence Nationale de Sécurité Sanitaire, de l ' Alimentation, de l ' Environnement et du Travail (ANSES), Agence Nationale de la Recherche (ANR). The CGPS was supported by the Chief Physician Johan Boserup and Lise Boserup Fund, the Danish Medical Research Council, and Herlev and Gentofte Hospital. The CNIO-BCS was supported by the Instituto de Salud Carlos III, the Red Temática de Investigación Cooperativa en Cáncer and grants from the Asociación Española Contra el Cáncer and the Fondo de Investigación Sanitario (PI11/00923 and PI12/00070). COLBCCC is sup- ported by the German Cancer Research Center (DKFZ), Heidelberg, Germany. D.T. was in part supported by a postdoctoral fellowship from the Alexander von Humboldt Foundation. The American Cancer Society funds the creation, maintenance, and updating of the CPS-II cohort. The CTS was initially supported by the California Breast Cancer Act of 1993 and the California Breast Cancer Research Fund (contract 97-10500) and is currently funded through the National Institutes of Health (R01 CA77398, UM1 CA164917, and U01 CA199277). Collection of cancer incidence data was supported by the California Department of Public Health as part of the statewide cancer reporting program mandated by California Health and Safety Code Section 103885. H.A.C eceives support from the Lon V Smith Foundation (LVS39420). The University of Westminster curates the DietCompLyf database funded by Against Breast Cancer Registered Charit.No. 1121258 and the NCRN. The coordination of EPIC is fi nancially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The national cohorts are supported by: Ligue Contre le Cancer, Institut Gustave Roussy, Mutuelle Générale de l ' Education Nationale, Institut National de la Santé et de la Recherche Médicale (INSERM) (France); German Cancer Aid, German Cancer Research Center (DKFZ), Federal Ministry of Education and Research (BMBF) (Germany); the Hellenic Health Foundation, the Stavros Niarchos Foundation (Greece); Associazione Italiana per la Ricerca sul Cancro-AIRC-Italy and National Research Council (Italy); Dutch Ministry of Public Health, Welfare and Sports (VWS), Netherlands Cancer Registry (NKR), LK Research Funds, Dutch Prevention Funds, Dutch ZON (Zorg Onderzoek Nederland), World Cancer Research Fund (WCRF), Statistics Netherlands (The Neth- erlands); Health Research Fund (FIS), PI13/00061 to Granada, PI13/01162 to EPIC- Murcia, Regional Governments of Andalucía, Asturias, Basque Country, Murcia and Navarra, ISCIII RETIC (RD06/0020) (Spain); Cancer Research UK (14136 to EPIC- Norfolk; C570/A16491 and C8221/A19170 to EPIC-Oxford), Medical Research Council (1000143 to EPIC-Norfolk, MR/M012190/1 to EPIC-Oxford) (United Kingdom). The ESTHER study was supported by a grant from the Baden Württemberg Ministry of Science, Research and Arts. Additional cases were recruited in the context of the VERDI study, which was supported by a grant from the German Cancer Aid (Deutsche Kreb- shilfe). FHRISK is funded from NIHR grant PGfAR 0707-10031. The GC-HBOC (Ger- man Consortium of Hereditary Breast and Ovarian Cancer) is supported by the German Cancer Aid (grant no 110837, coordinator: Rita K. Schmutzler, Cologne). This work was also funded by the European Regional Development Fund and Free State of Saxony, Germany (LIFE - Leipzig Research Centre for Civilization Diseases, project numbers 713- 241202, 713-241202, 14505/2470, and 14575/2470). The GENICA was funded by the Federal Ministry of Education and Research (BMBF) Germany grants 01KW9975/5, 01KW9976/8, 01KW9977/0, and 01KW0114, the Robert Bosch Foundation, Stuttgart, Deutsches Krebsforschungszentrum (DKFZ), Heidelberg, the Institute for Prevention and Occupational Medicine of the German Social Accident Insurance, Institute of the Ruhr University Bochum (IPA), Bochum, as well as the Department of Internal Medicine, Evangelische Kliniken Bonn gGmbH, Johanniter Krankenhaus, Bonn, Germany. The GEPARSIXTO study was conducted by the German Breast Group GmbH. The GESBC was supported by the Deutsche Krebshilfe e. V. [70492] and the German Cancer Research Center (DKFZ). GLACIER was supported by Breast Cancer Now, CRUK and Biomedical Research Centre at Guy ' s and St Thomas ' NHS Foundation Trust and King ' s College London. The HABCS study was supported by the Claudia von Schilling Foundation for Breast Cancer Research, by the Lower Saxonian Cancer Society, and by the Rudolf- Bartling Foundation. The HEBCS was fi nancially supported by the Helsinki University Central Hospital Research Fund, Academy of Finland (266528), the Finnish Cancer Society, and the Sigrid Juselius Foundation. The HERPACC was supported by MEXT Kakenhi (No. 170150181 and 26253041) from the Ministry of Education, Science, Sports, Culture and Technology of Japan, by a Grant-in-Aid for the Third Term Comprehensive 10-Year Strategy for Cancer Control from Ministry Health, Labour and Welfare of Japan, by Health and Labour Sciences Research Grants for Research on Applying Health Technology from Ministry Health, Labour and Welfare of Japan, by National Cancer Center Research and Development Fund, and " Practical Research for Innovative Cancer Control (15ck0106177h0001) " from Japan Agency for Medical Research and develop- ment, AMED, and Cancer Bio Bank Aichi. The HMBCS was supported by a grant from the Friends of Hannover Medical School and by the Rudolf Bartling Foundation. The HUBCS was supported by a grant from the German Federal Ministry of Research and Education (RUS08/017), and by the Russian Foundation for Basic Research and the Federal Agency for Scienti fi c Organizations for support the Bioresource collections and RFBR grants 14-04-97088, 17-29-06014, and 17-44-020498. ICICLE was supported by Breast Cancer Now, CRUK, and Biomedical Research Centre at Guy ' s and St Thomas ' NHS Foundation Trust and King ' s College London. Financial support for KARBAC was provided through the regional agreement on medical training and clinical research (A.L. F.) between Stockholm County Council and Karolinska Institutet, the Swedish Cancer Society, The Gustav V Jubilee foundation and Bert von Kantzows foundation. The KARMA study was supported by Märit and Hans Rausings Initiative Against Breast Cancer. The KBCP was fi nancially supported by the special Government Funding (E.V. O.) of Kuopio University Hospital grants, Cancer Fund of North Savo, the Finnish Cancer Organizations, and by the strategic funding of the University of Eastern Finland. kConFab is supported by a grant from the National Breast Cancer Foundation, and previously by the National Health and Medical Research Council (NHMRC), the Queensland Cancer Fund, the Cancer Councils of New South Wales, Victoria, Tasmania and South Australia, and the Cancer Foundation of Western Australia. Financial support for the AOCS was provided by the United States Army Medical Research and Materiel Command [DAMD17-01-1-0729], Cancer Council Victoria, Queensland Cancer Fund, Cancer Council New South Wales, Cancer Council South Australia, The Cancer Foundation of Western Australia, Cancer Council Tasmania and the National Health and Medical Research Council of Australia (NHMRC; 400413, 400281, 199600). G.C.-T. and P.W. are supported by the NHMRC. RB was a Cancer Institute NSW Clinical Research Fellow. The KOHBRA study was partially supported by a grant from the Korea Health Technology R&D Project through the Korea Health Industry Development Institute (KHIDI), and the National R&D Program for Cancer Control, Ministry of Health & Welfare, Republic of Korea (HI16C1127; 1020350; 1420190). LAABC is supported by grants (1RB-0287, 3PB- 0102, 5PB-0018, 10PB-0098) from the California Breast Cancer Research Program. Incident breast cancer cases were collected by the USC Cancer Surveillance Program (CSP) which is supported under subcontract by the California Department of Health. TheCSP is also part of the National Cancer Institute ' s Division of Cancer Prevention and Control Surveillance, Epidemiology, and End Results Program, under contract number N01CN25403. L.M.B.C. is supported by the ' Stichting tegen Kanker ' . D.L. is supported by the FWO. The MABCS study is funded by the Research Centre for Genetic Engineering and Biotechnology " Georgi D. Efremov " and supported by the German Academic Exchange Program, DAAD. The MARIE study was supported by the Deutsche Krebshilfe e.V. [70-2892-BR I, 106332, 108253, 108419, 110826, 110828], the Hamburg Cancer Society, the German Cancer Research Center (DKFZ) and the Federal Ministry of Edu- cation and Research (BMBF) Germany [01KH0402]. MBCSG is supported by grants from the Italian Association for Cancer Research (AIRC) and by funds from the Italian citizens who allocated the 5/1000 share of their tax payment in support of the Fondazione IRCCS Istituto Nazionale Tumori, according to Italian laws (INT-Institutional strategic projects " 5 × 1000 " ). The MCBCS was supported by the NIH grants CA192393, CA116167, CA176785 an NIH Specialized Program of Research Excellence (SPORE) in Breast Cancer [CA116201], and the Breast Cancer Research Foundation and a generous gift from the David F. and Margaret T. Grohne Family Foundation. MCCS cohort recruitment was funded by VicHealth and Cancer Council Victoria. The MCCS was further supported by Australian NHMRC grants 209057 and 396414, and by infrastructure provided by Cancer Council Victoria. Cases and their vital status were ascertained through the Victorian Cancer Registry (VCR) and the Australian Institute of Health and Welfare (AIHW), including the National Death Index and the Australian Cancer Database. The MEC was support by NIH grants CA63464, CA54281, CA098758, CA132839, and CA164973. The MISS study is supported by funding from ERC-2011-294576 Advanced grant, Swedish Cancer Society, Swedish Research Council, Local hospital funds, Berta Kamprad Foun- dation, Gunnar Nilsson. The MMHS study was supported by NIH grants CA97396, CA128931, CA116201, CA140286, and CA177150. MSKCC is supported by grants from the Breast Cancer Research Foundation and Robert and Kate Niehaus Clinical Cancer Genetics Initiative. The work of MTLGEBCS was supported by the Quebec Breast Cancer Foundation, the Canadian Institutes of Health Research for the " CIHR Team in Familial Risks of Breast Cancer " program – grant # CRN-87521 and the Ministry of Economic Development, Innovation and Export Trade – grant # PSR-SIIRI-701. MYBRCA is funded by research grants from the Malaysian Ministry of Higher Education (UM.C/HlR/MOHE/ 06) and Cancer Research Malaysia. MYMAMMO is supported by research grants from Yayasan Sime Darby LPGA Tournament and Malaysian Ministry of Higher Education (RP046B-15HTM). The NBCS has been supported by the Research Council of Norway grant 193387/V50 (to A.-L. Børresen-Dale and V.N. Kristensen) and grant 193387/H10 (to A.-L. Børresen-Dale and V.N. Kristensen), South Eastern Norway Health Authority (grant 39346 to A.-L. Børresen-Dale and 27208 to V.N. Kristensen) and the Norwegian Cancer Society (to A.-L. Børresen-Dale and 419616 - 71248 - PR-2006-0282 to V.N. Kristensen). It has received funding from the K.G. Jebsen Centre for Breast Cancer Research (2012-2015). The NBHS was supported by NIH grant R01CA100374. Biological sample preparation was conducted the Survey and Biospecimen Shared Resource, which is supported by P30 CA68485. The Northern California Breast Cancer Family Registry (NC- BCFR) and Ontario Familial Breast Cancer Registry (OFBCR) were supported by grant UM1 CA164920 from the National Cancer Institute (USA). The content of this manu- script does not necessarily re fl ect the views or policies of the National Cancer Institute or any of the collaborating centers in the Breast Cancer Family Registry (BCFR), nor does mention of trade names, commercial products, or organizations imply endorsement by the USA Government or the BCFR. The Carolina Breast Cancer Study was funded by Komen Foundation, the National Cancer Institute (P50 CA058223, U54 CA156733, and U01 CA179715), and the North Carolina University Cancer Research Fund. The NGOBCS was supported by Grants-in-Aid for the Third Term Comprehensive Ten-Year Strategy for Cancer Control from the Ministry of Health, Labor and Welfare of Japan, and for Scienti fi c Research on Priority Areas, 17015049 and for Scienti fi c Research on Innovative Areas, 221S0001, from the Ministry of Education, Culture, Sports, Science, and Technology of Japan. The NHS was supported by NIH grants P01 CA87969, UM1 CA186107, and U19 CA148065. The NHS2 was supported by NIH grants UM1 CA176726 and U19 CA148065. The OBCS was supported by research grants from the Finnish Cancer Foundation, the Academy of Finland (grant number 250083, 122715 and Center of Excellence grant number 251314), the Finnish Cancer Foundation, the Sigrid Juselius Foundation, the University of Oulu, the University of Oulu Support Foundation, and the special Governmental EVO funds for Oulu University Hospital-based research activities. The ORIGO study was supported by the Dutch Cancer Society (RUL 1997- 1505) and the Biobanking and Biomolecular Resources Research Infrastructure (BBMRI- NL CP16). The PBCS was funded by Intramural Research Funds of the National Cancer Institute, Department of Health and Human Services, USA. Genotyping for PLCO was supported by the Intramural Research Program of the National Institutes of Health, NCI, Division of Cancer Epidemiology and Genetics. The PLCO is supported by the Intramural Research Program of the Division of Cancer Epidemiology and Genetics and supported by contracts from the Division of Cancer Prevention, National Cancer Institute, National Institutes of Health. The POSH study is funded by Cancer Research UK (grants C1275/ A11699, C1275/C22524, C1275/A19187, C1275/A15956, and Breast Cancer Campaign 2010PR62, 2013PR044. PROCAS is funded from NIHR grant PGfAR 0707-10031. The RBCS was funded by the Dutch Cancer Society (DDHK 2004-3124, DDHK 2009-4318). The SASBAC study was supported by funding from the Agency for Science, Technology and Research of Singapore (A*STAR), the US National Institute of Health (NIH) and the Susan G. Komen Breast Cancer Foundation. The SBCGS was supported primarily by NIH grants R01CA64277, R01CA148667, UMCA182910, and R37CA70867. Biological sample preparation was conducted the Survey and Biospecimen Shared Resource, which is supported by P30 CA68485. The scienti fi c development and funding of this project were, in part, supported by the Genetic Associations and Mechanisms in Oncology (GAME- ON) Network U19 CA148065. The SBCS was supported by Shef fi eld Experimental Cancer Medicine Centre and Breast Cancer Now Tissue Bank. The SCCS is supported by a grant from the National Institutes of Health (R01 CA092447). Data on SCCS cancer cases used in this publication were provided by the Alabama Statewide Cancer Registry; Kentucky Cancer Registry, Lexington, KY; Tennessee Department of Health, Of fi ce of Cancer Surveillance; Florida Cancer Data System; North Carolina Central Cancer Registry, North Carolina Division of Public Health; Georgia Comprehensive Cancer Registry; Louisiana Tumor Registry; Mississippi Cancer Registry; South Carolina Central Cancer Registry; Virginia Department of Health, Virginia Cancer Registry; Arkansas Department of Health, Cancer Registry, 4815 W. Markham, Little Rock, AR 72205. The Arkansas Central Cancer Registry is fully funded by a grant from National Program of Cancer Registries, Centers for Disease Control and Prevention (CDC). Data on SCCS cancer cases from Mississippi were collected by the Mississippi Cancer Registry which participates in the National Program of Cancer Registries (NPCR) of the Centers for Disease Control and Prevention (CDC). The contents of this publication are solely the responsibility of the authors and do not necessarily represent the of fi cial views of the CDC or the Mississippi Cancer Registry. SEARCH is funded by Cancer Research UK [C490/A10124, C490/ A16561] and supported by the UK National Institute for Health Research Biomedical Research Centre at the University of Cambridge. The University of Cambridge has received salary support for PDPP from the NHS in the East of England through the Clinical Academic Reserve. SEBCS was supported by the BRL (Basic Research Laboratory) program through the National Research Foundation of Korea funded by the Ministry of Education, Science and Technology (2012-0000347). SGBCC is funded by the NUS start- up Grant, National University Cancer Institute Singapore (NCIS) Centre Grant and the NMRC Clinician Scientist Award. Additional controls were recruited by the Singapore Consortium of Cohort Studies-Multi-ethnic cohort (SCCS-MEC), which was funded by the Biomedical Research Council, grant number: 05/1/21/19/425. The Sister Study (SIS- TER) is supported by the Intramural Research Program of the NIH, National Institute of Environmental Health Sciences (Z01-ES044005 and Z01-ES049033). The Two Sister Study (2SISTER) was supported by the Intramural Research Program of the NIH, National Institute of Environmental Health Sciences (Z01-ES044005 and Z01-ES102245), and, also by a grant from Susan G. Komen for the Cure, grant FAS0703856. SKKDKFZS is supported by the DKFZ. The SMC is funded by the Swedish Cancer Foundation. The SZBCS was supported by Grant PBZ_KBN_122/P05/2004. The TBCS was funded by The National Cancer Institute, Thailand. The TNBCC was supported by a Specialized Program of Research Excellence (SPORE) in Breast Cancer (CA116201), a grant from the Breast Cancer Research Foundation, a generous gift from the David F. and Margaret T. Grohne Family Foundation. The TWBCS is supported by the Taiwan Biobank project of the Institute of Biomedical Sciences, Academia Sinica, Taiwan. The UCIBCS component of this research was supported by the NIH [CA58860, CA92044] and the Lon V Smith Foundation [LVS39420]. The UKBGS is funded by Breast Cancer Now and the Institute of Cancer Research (ICR), London. ICR acknowledges NHS funding to the NIHR Bio- medical Research Centre. The UKOPS study was funded by The Eve Appeal (The Oak Foundation) and supported by the National Institute for Health Research University College London Hospitals Biomedical Research Centre. The US3SS study was supported by Massachusetts (K.M.E., R01CA47305), Wisconsin (P.A.N., R01 CA47147) and New Hampshire (L.T.-E., R01CA69664) centers, and Intramural Research Funds of the National Cancer Institute, Department of Health and Human Services, USA. The USRT Study was funded by Intramural Research Funds of the National Cancer Institute, Department of Health and Human Services, USA. The WAABCS study was supported by grants from the National Cancer Institute of the National Institutes of Health (R01 CA89085 and P50 CA125183 and the D43 TW009112 grant), Susan G. Komen (SAC110026), the Dr. Ralph and Marian Falk Medical Research Trust, and the Avon Foundation for Women. The WHI program is funded by the National Heart, Lung, and Blood Institute, the US National Institutes of Health and the US Department of Health and Human Services (HHSN268201100046C, HHSN268201100001C, HHSN268201100002C, HHSN268201100003C, HHSN268201100004C, and HHSN271201100004C). This work was also funded by NCI U19 CA148065-01. D.G.E. is supported by the all Manchester NIHR Biomedical research center Manchester (IS-BRC- 1215-20007). HUNBOCS, Hungarian Breast and Ovarian Cancer Study was supported by Hungarian Research Grant KTIA-OTKA CK-80745, NKFI_OTKA K-112228. C.I. received support from the Nontherapeutic Subject Registry Shared Resource at George- town University (NIH/NCI P30-CA-51008) and the Jess and Mildred Fisher Center for Hereditary Cancer and Clinical Genomics Research. K.M. is supported by CRUK C18281/ A19169. City of Hope Clinical Cancer Community Research Network and the Hereditary Cancer Research Registry, supported in part by Award Number RC4CA153828 (PI: J Weitzel) from the National Cancer Institute and the of fi ce of the Directory, National Institutes of Health. The content is solely the responsibility of the authors and does not necessarily represent the of fi cial views of the National Institutes of Health. The colorectal cancer genome-wide association analyses: Colorectal Transdisciplinary Study (CORECT): The content of this manuscript does not necessarily re fl ect the views or policies of the National Cancer Institute or any of the collaborating centers in the CORECT Consortium, nor does mention of trade names, commercial products or organizations imply endor- sement by the US Government or the CORECT Consortium. We are incredibly grateful for the contributions of Dr. Brian Henderson and Dr. Roger Green over the course of this study and acknowledge them in memoriam. We are also grateful for support from Daniel and Maryann Fong. ColoCare: we thank the many investigators and staff who made thisHHSN268201600001C, HHSN268201600002C, HHSN268201600003C, and HHSN26 8201600004C. The head and neck cancer genome-wide association analyses: The study was supported by NIH/NCI: P50 CA097190, and P30 CA047904, Canadian Cancer Society Research Institute (no. 020214) and Cancer Care Ontario Research Chair to R.H. The Princess Margaret Hospital Head and Neck Cancer Translational Research Program is funded by the Wharton family, Joe ' s Team, Gordon Tozer, Bruce Galloway and the Elia family. Geoffrey Liu was supported by the Posluns Family Fund and the Lusi Wong Family Fund at the Princess Margaret Foundation, and the Alan B. Brown Chair in Molecular Genomics. This publication presents data from Head and Neck 5000 (H&N5000). H&N5000 was a component of independent research funded by the UK National Institute for Health Research (NIHR) under its Programme Grants for Applied Research scheme (RP-PG-0707-10034). The views expressed in this publication are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health. Human papillomavirus (HPV) in H&N5000 serology was supported by a Cancer Research UK Programme Grant, the Integrative Cancer Epidemiology Programme (grant number: C18281/A19169). National Cancer Institute (R01-CA90731); National Institute of Environmental Health Sciences (P30ES10126). The authors thank all the members of the GENCAPO team/The Head and Neck Genome Project (GENCAPO) was supported by the Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) (Grant numbers 04/12054-9 and 10/51168-0). CPS-II recruitment and maintenance is supported with intramural research funding from the American Cancer Society. Genotyping per- formed at the Center for Inherited Disease Research (CIDR) was funded through the U.S. National Institute of Dental and Craniofacial Research (NIDCR) grant 1 × 01HG007780- 0. The University of Pittsburgh head and neck cancer case-control study is supported by National Institutes of Health grants P50 CA097190 and P30 CA047904. The Carolina Head and Neck Cancer Study (CHANCE) was supported by the National Cancer Institute (R01-CA90731). The Head and Neck Genome Project (GENCAPO) was supported by the Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) (Grant numbers 04/ 12054-9 and 10/51168-0). The authors thank all the members of the GENCAPO team. The HN5000 study was funded by the National Institute for Health Research (NIHR) under its Programme Grants for Applied Research scheme (RP-PG-0707-10034), the views expressed in this publication are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health. The Toronto study was funded by the Canadian Cancer Society Research Institute (020214) and the National Cancer Institute (U19-CA148127) and the Cancer Care Ontario Research Chair. The alcohol-related cancers and genetic susceptibility study in Europe (ARCAGE) was funded by the Eur- opean Commission ' s 5th Framework Program (QLK1-2001-00182), the Italian Associa- tion for Cancer Research, Compagnia di San Paolo/FIRMS, Region Piemonte, and Padova University (CPDA057222). The Rome Study was supported by the Associazione Italiana per la Ricerca sul Cancro (AIRC) IG 2011 10491 and IG2013 14220 to S.B., and Fon- dazione Veronesi to S.B. The IARC Latin American study was funded by the European Commission INCO-DC programme (IC18-CT97-0222), with additional funding from Fondo para la Investigacion Cienti fi ca y Tecnologica (Argentina) and the Fundação de Amparo à Pesquisa do Estado de São Paulo (01/01768-2). We thank Leticia Fernandez, Instituto Nacional de Oncologia y Radiobiologia, La Habana, Cuba and Sergio and Rosalina Koifman, for their efforts with the IARC Latin America study São Paulo center. The IARC Central Europe study was supported by European Commission ' s INCO- COPERNICUS Program (IC15- CT98-0332), NIH/National Cancer Institute grant CA92039, and the World Cancer Research Foundation grant WCRF 99A28. The IARC Oral Cancer Multicenter study was funded by grant S06 96 202489 05F02 from Europe against Cancer; grants FIS 97/0024, FIS 97/0662, and BAE 01/5013 from Fondo de Investigaciones Sanitarias, Spain; the UICC Yamagiwa-Yoshida Memorial International Cancer Study; the National Cancer Institute of Canada; Associazione Italiana per la Ricerca sul Cancro; and the Pan-American Health Organization. Coordination of the EPIC study is fi nancially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The lung cancer genome-wide association analyses: Transdisciplinary Research for Cancer in Lung (TRICL) of the International Lung Cancer Consortium (ILCCO) was supported by (U19-CA148127, CA148127S1, U19CA203654, and Cancer Prevention Research Institute of Texas RR170048). The ILCCO data harmonization is supported by Cancer Care Ontario Research Chair of Population Studies to R. H. and Lunenfeld-Tanenbaum Research Institute, Sinai Health System. The TRICL-ILCCO OncoArray was supported by in-kind genotyping by the Centre for Inherited Disease Research (26820120008i-0-26800068-1). The CAPUA study was supported by FIS-FEDER/Spain grant numbers FIS-01/310, FIS-PI03-0365, and FIS- 07-BI060604, FICYT/Asturias grant numbers FICYT PB02-67 and FICYT IB09-133, and the University Institute of Oncology (IUOPA), of the University of Oviedo and the Ciber de Epidemiologia y Salud Pública. CIBERESP, SPAIN. The work performed in the CARET study was supported by the National Institute of Health/National Cancer Insti- tute: UM1 CA167462 (PI: Goodman), National Institute of Health UO1-CA6367307 (PIs Omen, Goodman); National Institute of Health R01 CA111703 (PI Chen), National Institute of Health 5R01 CA151989-01A1(PI Doherty). The Liverpool Lung project is supported by the Roy Castle Lung Cancer Foundation. The Harvard Lung Cancer Study was supported by the NIH (National Cancer Institute) grants CA092824, CA090578, CA074386. The Multi-ethnic Cohort Study was partially supported by NIH Grants CA164973, CA033619, CA63464, and CA148127. The work performed in MSH-PMH study was supported by The Canadian Cancer Society Research Institute (020214), Ontario Institute of Cancer and Cancer Care Ontario Chair Award to R.J.H. and G.L. and the Alan Brown Chair and Lusi Wong Programs at the Princess Margaret Hospital Foundation. NJLCS was funded by the State Key Program of National Natural Science ofChina (81230067), the National Key Basic Research Program Grant (2011CB503805), the Major Program of the National Natural Science Foundation of China (81390543). The Norway study was supported by Norwegian Cancer Society, Norwegian Research Council. The Shanghai Cohort Study (SCS) was supported by National Institutes of Health R01 CA144034 (PI: Yuan) and UM1 CA182876 (PI: Yuan). The Singapore Chinese Health Study (SCHS) was supported by National Institutes of Health R01 CA144034 (PI: Yuan) and UM1 CA182876 (PI: Yuan). The work in TLC study has been supported in part the James & Esther King Biomedical Research Program (09KN-15), National Institutes of Health Specialized Programs of Research Excellence (SPORE) Grant (P50 CA119997), and by a Cancer Center Support Grant (CCSG) at the H. Lee Mof fi tt Cancer Center and Research Institute, an NCI designated Comprehensive Cancer Center (grant number P30- CA76292). The Vanderbilt Lung Cancer Study — BioVU dataset used for the analyses described was obtained from Vanderbilt University Medical Center ' s BioVU, which is supported by institutional funding, the 1S10RR025141-01 instrumentation award, and by the Vanderbilt CTSA grant UL1TR000445 from NCATS/NIH. Dr. Aldrich was supported by NIH/National Cancer Institute K07CA172294 (PI: Aldrich) and Dr. Bush was sup- ported by NHGRI/NIH U01HG004798 (PI: Crawford). The Copenhagen General Population Study (CGPS) was supported by the Chief Physician Johan Boserup and Lise Boserup Fund, the Danish Medical Research Council and Herlev Hospital. The NELCS study: Grant Number P20RR018787 from the National Center for Research Resources (NCRR), a component of the National Institutes of Health (NIH). The Kentucky Lung Cancer Research Initiative was supported by the Department of Defense [Congressionally Directed Medical Research Program, U.S. Army Medical Research and Materiel Com- mand Program] under award number: 10153006 (W81XWH-11-1-0781). Views and opinions of, and endorsements by the author(s) do not re fl ect those of the US Army or the Department of Defense. This research was also supported by unrestricted infrastructure funds from the UK Center for Clinical and Translational Science, NIH grant UL1TR000117 and Markey Cancer Center NCI Cancer Center Support Grant (P30 CA177558) Shared Resource Facilities: Cancer Research Informatics, Biospecimen and Tissue Procurement, and Biostatistics and Bioinformatics. The M.D. Anderson Cancer Center study was supported in part by grants from the NIH (P50 CA070907, R01 CA176568) (to X.W.), Cancer Prevention & Research Institute of Texas (RP130502) (to X. W.), and The University of Texas MD Anderson Cancer Center institutional support for the Center for Translational and Public Health Genomics. The deCODE study of smoking and nicotine dependence was funded in part by a grant from NIDA (R01- DA017932). The study in Lodz center was partially funded by Nofer Institute of Occupational Med- icine, under task NIOM 10.13: Predictors of mortality from non-small cell lung cancer — fi eld study. Genetic sharing analysis was funded by NIH grant CA194393. The research undertaken by M.D.T., L.V.W., and M.S.A. was partly funded by the National Institute for Health Research (NIHR). The views expressed are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health. M.D.T. holds a Medical Research Council Senior Clinical Fellowship (G0902313). The work to assemble the FTND GWAS meta-analysis was supported by the National Institutes of Health (NIH), National Institute on Drug Abuse (NIDA) grant number R01 DA035825 (Prin- cipal Investigator [PI]: DBH). The study populations included COGEND (dbGaP phs000092.v1.p1 and phs000404.v1.p1), COPDGene (dbGaP phs000179.v3.p2), deCODE Genetics, EAGLE (dbGaP phs000093.vs.p2), and SAGE. dbGaP phs000092.v1.p1). See Hancock et al. Transl Psychiatry 2015 (PMCID: PMC4930126) for the full listing of funding sources and other acknowledgments. The Resource for the Study of Lung Cancer Epidemiology in North Trent (ReSoLuCENT)study was funded by the Shef fi eld Hospitals Charity, Shef fi eld Experimental Cancer Medicine Centre and Weston Park Hospital Cancer Charity. The ovarian cancer genome-wide association analysis: The Ovarian Cancer Association Consortium (OCAC) is supported by a grant from the Ovarian Cancer Research Fund thanks to donations by the family and friends of Kathryn Sladek Smith (PPD/RPCI.07). The scienti fi c development and funding for this project were in part supported by the US National Cancer Institute GAME-ON Post-GWAS Initiative (U19-CA148112). This study made use of data generated by the Wellcome Trust Case Control consortium that was funded by the Wellcome Trust under award 076113. The results published here are in part based upon data generated by The Cancer Genome Atlas Pilot Project established by the National Cancer Institute and National Human Genome Research Institute (dbGap accession number phs000178.v8.p7). The OCAC OncoArray genotyping project was funded through grants from the U.S. National Institutes of Health (CA1X01HG007491-01 (C.I.A.), U19-CA148112 (T.A.S.), R01-CA149429 (C.M.P.), and R01-CA058598 (M.T.G.); Canadian Institutes of Health Research (MOP-86727 (L.E.K.) and the Ovarian Cancer Research Fund (A.B.). The COGS project was funded through a European Commission ' s Seventh Framework Programme grant (agreement number 223175 - HEALTH-F2-2009-223175) and through a grant from the U.S. National Insti- tutes of Health (R01-CA122443 (E.L.G)). Funding for individual studies: AAS: National Institutes of Health (RO1-CA142081); AOV: The Canadian Institutes for Health Research (MOP-86727); AUS: The Australian Ovarian Cancer Study Group was supported by the U.S. Army Medical Research and Materiel Command (DAMD17-01-1-0729), National Health & Medical Research Council of Australia (199600, 400413 and 400281), Cancer Councils of New South Wales, Victoria, Queensland, South Australia and Tas- mania and Cancer Foundation of Western Australia (Multi-State Applications 191, 211, and 182). The Australian Ovarian Cancer Study gratefully acknowledges additional support from Ovarian Cancer Australia and the Peter MacCallum Foundation; BAV: ELAN Funds of the University of Erlangen-Nuremberg; BEL: National Kankerplan; BGS: Breast Cancer Now, Institute of Cancer Research; BVU: Vanderbilt CTSA grant from the National Institutes of Health (NIH)/National Center for Advancing Translational SciencesNCATS) (ULTR000445); CAM: National Institutes of Health Research Cambridge Biomedical Research Centre and Cancer Research UK Cambridge Cancer Centre; CHA: Innovative Research Team in University (PCSIRT) in China (IRT1076); CNI: Instituto de Salud Carlos III (PI12/01319); Ministerio de Economía y Competitividad (SAF2012); COE: Department of Defense (W81XWH-11-2-0131); CON: National Institutes of Health (R01-CA063678, R01-CA074850; and R01-CA080742); DKE: Ovarian Cancer Research Fund; DOV: National Institutes of Health R01-CA112523 and R01-CA87538; EMC: Dutch Cancer Society (EMC 2014-6699); EPC: The coordination of EPIC is fi nancially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The national cohorts are supported by Danish Cancer Society (Denmark); Ligue Contre le Cancer, Institut Gustave Roussy, Mutuelle Générale de l ' Education Nationale, Institut National de la Santé et de la Recherche Médicale (INSERM) (France); German Cancer Aid, German Cancer Research Center (DKFZ), Federal Ministry of Education and Research (BMBF) (Germany); the Hellenic Health Foundation (Greece); Associazione Italiana per la Ricerca sul Cancro-AIRC-Italy and National Research Council (Italy); Dutch Ministry of Public Health, Welfare and Sports (VWS), Netherlands Cancer Registry (NKR), LK Research Funds, Dutch Prevention Funds, Dutch ZON (Zorg Onderzoek Nederland), World Cancer Research Fund (WCRF), Statistics Netherlands (The Netherlands); ERC-2009-AdG 232997 and Nordforsk, Nordic Centre of Excellence programme on Food, Nutrition and Health (Norway); Health Research Fund (FIS), PI13/00061 to Granada, PI13/01162 to EPIC-Murcia, Regional Governments of Andalucía, Asturias, Basque Country, Murcia and Navarra, ISCIII RETIC (RD06/0020) (Spain); Swedish Cancer Society, Swedish Research Council and County Councils of Skåne and Västerbotten (Sweden); Cancer Research UK (14136 to EPIC- Norfolk; C570/A16491 and C8221/A19170 to EPIC-Oxford), Medical Research Council (1000143 to EPIC-Norfolk, MR/M012190/1 to EPIC-Oxford) (United Kingdom); GER: German Federal Ministry of Education and Research, Programme of Clinical Biomedical Research (01 GB 9401) and the German Cancer Research Center (DKFZ); GRC: This research has been co- fi nanced by the European Union (European Social Fund — ESF) and Greek national funds through the Operational Program " Education and Lifelong Learn- ing " of the National Strategic Reference Framework (NSRF) — Research Funding Program of the General Secretariat for Research & Technology: SYN11_10_19 NBCA. Investing in knowledge society through the European Social Fund; GRR: Roswell Park Cancer Institute Alliance Foundation, P30 CA016056; HAW: U.S. National Institutes of Health (R01- CA58598, N01-CN-55424, and N01-PC-67001); HJO: Intramural funding; Rudolf- Bartling Foundation; HMO: Intramural funding; Rudolf-Bartling Foundation; HOC: Helsinki University Research Fund; HOP: Department of Defense (DAMD17-02-1-0669) and NCI (K07-CA080668, R01-CA95023, P50-CA159981 MO1-RR000056 R01- CA126841); HUO: Intramural funding; Rudolf-Bartling Foundation; JGO: JSPS KAKENHI grant; JPN: Grant-in-Aid for the Third Term Comprehensive 10-Year Strategy for Cancer Control from the Ministry of Health, Labour and Welfare; KRA: This study (Ko-EVE) was supported by a grant from the Korea Health Technology R&D Project through the Korea Health Industry Development Institute (KHIDI), and the National R&D Program for Cancer Control, Ministry of Health & Welfare, Republic of Korea (HI16C1127; 0920010); LAX: American Cancer Society Early Detection Professorship (SIOP-06-258-01-COUN) and the National Center for Advancing Translational Sciences (NCATS), Grant UL1TR000124; LUN: ERC-2011-AdG 294576-risk factors cancer, Swedish Cancer Society, Swedish Research Council, Beta Kamprad Foundation; MAC: National Institutes of Health (R01-CA122443, P30-CA15083, P50-CA136393); Mayo Foundation; Minnesota Ovarian Cancer Alliance; Fred C. and Katherine B. Andersen Foundation; Fraternal Order of Eagles; MAL: Funding for this study was provided by research grant R01- CA61107 from the National Cancer Institute, Bethesda, MD, research grant 94 222 52 from the Danish Cancer Society, Copenhagen, Denmark; and the Mer- maid I project; MAS: Malaysian Ministry of Higher Education (UM.C/HlR/MOHE/06) and Cancer Research Initiatives Foundation; MAY: National Institutes of Health (R01- CA122443, P30-CA15083, and P50-CA136393); Mayo Foundation; Minnesota Ovarian Cancer Alliance; Fred C. and Katherine B. Andersen Foundation; MCC: Cancer Council Victoria, National Health and Medical Research Council of Australia (NHMRC) grants number 209057, 251533, 396414, and 504715; MDA: DOD Ovarian Cancer Research Program (W81XWH-07-0449); MEC: NIH (CA54281, CA164973, CA63464); MOF: Mof fi tt Cancer Center, Merck Pharmaceuticals, the state of Florida, Hillsborough County, and the city of Tampa; NCO: National Institutes of Health (R01-CA76016) and the Department of Defense (DAMD17-02-1-0666); NEC: National Institutes of Health R01- CA54419 and P50-CA105009 and Department of Defense W81XWH-10-1-02802; NHS: UM1 CA186107, P01 CA87969, R01 CA49449, R01-CA67262, UM1 CA176726; NJO: National Cancer Institute (NIH-K07 CA095666, R01-CA83918, NIH-K22-CA138563, and P30-CA072720) and the Cancer Institute of New Jersey; If Sara Olson and/or Irene Orlow is a co-author, please add NCI CCSG award (P30-CA008748) to the funding sources; NOR: Helse Vest, The Norwegian Cancer Society, The Research Council of Norway; NTH: Radboud University Medical Centre; OPL: National Health and Medical Research Council (NHMRC) of Australia (APP1025142) and Brisbane Women ' s Club; ORE: OHSU Foundation; OVA: This work was supported by Canadian Institutes of Health Research grant (MOP-86727) and by NIH/NCI 1 R01CA160669-01A1; PLC: Intramural Research Program of the National Cancer Institute; POC: Pomeranian Medical Uni- versity; POL: Intramural Research Program of the National Cancer Institute; PVD: Canadian Cancer Society and Cancer Research Society GRePEC Program; RBH: National Health and Medical Research Council of Australia; RMH: Cancer Research UK, Royal Marsden Hospital; RPC: National Institute of Health (P50-CA159981, R01-CA126841); SEA: Cancer Research UK (C490/A10119 C490/A10124); UK National Institute forHealth Research Biomedical Research Centres at the University of Cambridge; SIS: NIH, National Institute of Environmental Health Sciences, Z01-ES044005 and Z01-ES049033; SMC: The bbSwedish Research Council-SIMPLER infrastructure; the Swedish Cancer Foundation; SON: National Health Research and Development Program, Health Canada, grant 6613-1415-53; SRO: Cancer Research UK (C536/A13086, C536/A6689) and Imperial Experimental Cancer Research Centre (C1312/A15589); STA: NIH grants U01 CA71966 and U01 CA69417; SWE: Swedish Cancer foundation, WeCanCureCancer and VårKampMotCancer foundation; SWH: NIH (NCI) grant R37-CA070867; TBO: National Institutes of Health (R01-CA106414-A2), American Cancer Society (CRTG-00-196-01- CCE), Department of Defense (DAMD17-98-1-8659), Celma Mastery Ovarian Cancer Foundation; TOR: NIH grants R01-CA063678 and R01 CA063682; UCI: NIH R01- CA058860 and the Lon V Smith Foundation grant LVS39420; UHN: Princess Margaret Cancer Centre Foundation-Bridge for the Cure; UKO: The UKOPS study was funded by The Eve Appeal (The Oak Foundation) and supported by the National Institute for Health Research University College London Hospitals Biomedical Research Centre; UKR: Cancer Research UK (C490/A6187), UK National Institute for Health Research Biomedical Research Centres at the University of Cambridge; USC: P01CA17054, P30CA14089, R01CA61132, N01PC67010, R03CA113148, R03CA115195, N01CN025403, and Cali- fornia Cancer Research Program (00-01389V-20170, 2II0200); VAN: BC Cancer Foun- dation, VGH & UBC Hospital Foundation; VTL: NIH K05-CA154337; WMH: National Health and Medical Research Council of Australia, Enabling Grants ID 310670 & ID 628903. Cancer Institute NSW Grants 12/RIG/1-17 & 15/RIG/1-16; WOC: National Science Centren (N N301 5645 40). The Maria Sklodowska-Curie Memorial Cancer Center and Institute of Oncology, Warsaw, Poland. The University of Cambridge has received salary support for PDPP from the NHS in the East of England through the Clinical Academia Reserve. The prostate cancer genome-wide association analyses: we pay tribute to Brian Henderson, who was a driving force behind the OncoArray project, for his vision and leadership, and who sadly passed away before seeing its fruition. We also thank the individuals who participated in these studies enabling this work. The ELLIPSE/ PRACTICAL (http//:practical.icr.ac.uk) prostate cancer consortium and his collaborating partners were supported by multiple funding mechanisms enabling this current work. ELLIPSE/PRACTICAL Genotyping of the OncoArray was funded by the US National Institutes of Health (NIH) (U19 CA148537 for ELucidating Loci Involved in Prostate Cancer SuscEptibility (ELLIPSE) project and X01HG007492 to the Center for Inherited Disease Research (CIDR) under contract number HHSN268201200008I). Additional analytical support was provided by NIH NCI U01 CA188392 (F.R.S.). Funding for the iCOGS infrastructure came from the European Community ' s Seventh Framework Pro- gramme under grant agreement n° 223175 (HEALTH-F2-2009-223175) (COGS), Cancer Research UK (C1287/A10118, C1287/A 10710, C12292/A11174, C1281/A12014, C5047/ A8384, C5047/A15007, C5047/A10692, and C8197/A16565), the National Institutes of Health (CA128978) and Post-Cancer GWAS initiative (1U19 CA148537, 1U19 CA148065, and 1U19 CA148112; the GAME-ON initiative), the Department of Defense (W81XWH-10-1-0341), the Canadian Institutes of Health Research (CIHR) for the CIHR Team in Familial Risks of Breast Cancer, Komen Foundation for the Cure, the Breast Cancer Research Foundation, and the Ovarian Cancer Research Fund. This work was supported by the Canadian Institutes of Health Research, European Commission ' s Seventh Framework Programme grant agreement n° 223175 (HEALTH-F2-2009-223175), Cancer Research UK Grants C5047/A7357, C1287/A10118, C1287/A16563, C5047/ A3354, C5047/A10692, C16913/A6135, C5047/A21332 and The National Institute of Health (NIH) Cancer Post-Cancer GWAS initiative grant: No. 1 U19 CA148537-01 (the GAME-ON initiative). We also thank the following for funding support: The Institute of Cancer Research and The Everyman Campaign, The Prostate Cancer Research Founda- tion, Prostate Research Campaign UK (now Prostate Action), The Orchid Cancer Appeal, The National Cancer Research Network UK, and The National Cancer Research Institute (NCRI) UK. We are grateful for support of NIHR funding to the NIHR Biomedical Research Centre at The Institute of Cancer Research and The Royal Marsden NHS Foundation Trust. The Prostate Cancer Program of Cancer Council Victoria also acknowledge grant support from The National Health and Medical Research Council, Australia (126402, 209057, 251533, 396414, 450104, 504700, 504702, 504715, 623204, 940394, and 614296), VicHealth, Cancer Council Victoria, The Prostate Cancer Foun- dation of Australia, The Whitten Foundation, PricewaterhouseCoopers, and Tattersall ' s. E.A.O., D.M.K., and E.M.K. acknowledge the Intramural Program of the National Human Genome Research Institute for their support. The BPC3 was supported by the U.S. National Institutes of Health, National Cancer Institute (cooperative agreements U01- CA98233 to D.J.H., U01-CA98710 to S.M.G., U01-CA98216 to E.R., and U01-CA98758 to B.E.H., and Intramural Research Program of NIH/National Cancer Institute, Division of Cancer Epidemiology and Genetics). CAPS GWAS study was supported by the Swedish Cancer Foundation (grant no 09-0677, 11-484, 12-823), the Cancer Risk Prediction Center (CRisP; www.crispcenter.org ), a Linneus Centre (Contract ID 70867902) fi nanced by the Swedish Research Council, Swedish Research Council (grant no K2010-70 × - 20430-04-3, 2014-2269). The Hannover Prostate Cancer Study was supported by the Lower Saxonian Cancer Society. PEGASUS was supported by the Intramural Research Program, Division of Cancer Epidemiology and Genetics, National Cancer Institute, National Institutes of Health. RAPPER was supported by the NIHR Manchester Bio- medical Research Center, Cancer Research UK (C147/A25254, C1094/A18504) and the EUs7Framework Programme Grant/Agreement no 60186. Overall: this research has been conducted using the UK Biobank Resource (application number 16549). NHS is supported by UM1 CA186107 (NHS cohort infrastructure grant), P01 CA87969, and R01 CA49449. NHSII is supported by UM1 CA176726 (NHSII cohort infrastructure grant),and R01-CA67262. A.L.K. is supported by R01 MH107649. We would like to thank the participants and staff of the NHS and NHSII for their valuable contributions as well as the following state cancer registries for their help: AL, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KY, LA, ME, MD, MA, MI, NE, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, VA, WA, WY. The authors assume full responsibility for analyses and interpretation of these data. ; Sí
The subject of this study – The Youth in Croatia and the European Integration – is the relationship of youth toward the European integration process, including the Croatian accession to the European Union, as well as their sociopolitical readiness for integration into a united Europe. The analysis is based on a section of data gathered in early 2004, on the entire Croatian territory, and conducted within the scientific and research project Youth and the European Integration Process. The basic sample of youth, aged 15 to 29, consisted of 2000 examinees, and the control sample of persons older than 30 consisted of 1000 examinees. The obtained findings on youth have been systematically compared to results from the previous research project, The Value System of Youth and Social Changes in Croatia, conducted in early 1999, on an identically structured sample of 1700 young examinees. Data on Croatian youth has also been compared to the corresponding findings of several European researches. European integration is a dynamic and multidimensional process, and in this research, the accent was on the political and normative dimensions of integration. The genesis of the political development of European Union has indicated that, in spite of the oscillations in the process of integration, there is a recognizable progress toward the construction of a Europe of values, where all the included countries meet with equally high democratic demands. The existing research into the European integration process has undoubtedly shown that the relationship of citizens toward the EU varies as a function of time, and depends on the specific situation in certain countries or societies. Croatia is a transitional country that has stepped into the process of democratic consolidation, and after the year 2000, it had also stepped out of a certain kind of international isolation. Today, Croatia is a country trying to join the united Europe, which has managed to obtain the status of a candidate country for accession into the EU, albeit with an uncertain date for accession negotiations. Even though the main obstacle for the start of negotiations is supposedly the lack of satisfaction of the EU with the Croatian cooperation with the Hague Tribunal, the existing tendencies and events in the country indicate that Croatia is not adequately prepared to join the Union: not at the political, nor the social, and especially not at the economic plain. The indicated findings are also the starting points in the research of the relationship of Croatian youth toward the European integration process. A valid analysis of this relationship demands a previous insight into some aspects of the political readiness of youth for European integration of Croatia. With that in mind, special attention was dedicated to political values, attitudes and participation of youth, whose longitudinal monitoring enables a detection of changes that took place during the past five years. The data comparison showed that during the observed period of time, the young people' s otherwise relatively high acceptance of almost all the constitutional values, as well as the harmonious perception of politics and institutional trust have increased, while the lack of hard work, discipline and responsibility are now perceived as a social problem to a greater extent than before. The recent data also indicates that today' s youth perceive the existence of educational, gender and age inequalities in the Croatian society to a larger degree, as well as the worsening of political representation of all marginal groups. On the other hand, the understanding of conflicts and democratic rules (especially the role of the opposition) has weakened, the perception of crime in ownership conversion and privatization as a problem has decreased, there is also a weaker perception of the existence of social and religious inequalities, the social activism and political participation have decreased, and the attitude about inclusion into youth organizations of political parties and the establishment of independent youth parties as forms of activities that might contribute to a more active participation of youth in the society has decreased. From hence comes the conclusion that certain changes tend to lead to further social, most of all political, (self)passivization and marginalization of young people. The continuity of tendencies established in the previous research projects, confirm the finding that the young are not a monolithic group when it comes to acceptance of political values, expression of political attitudes and the level of political participation. The greatest differentiation is present regarding the not so present tolerance toward most observed social phenomena and groups, the perception of unemployment as the most important social problem and the cause of existing difficulties, the perception of existence of political inequalities and the stated interest in politics, as well as the perception of the role of the " diaspora" in the Croatian political life. When these results are observed integrally, it is obvious that the young are mostly differentiated by the level of obtained knowledge and their socio-professional status, then party identification, social origin and the phase of maturity. All the mentioned differentiations of youth can simply be summarized by outlining two large, relatively polarized groups: one consists of socially more competent youth, inclined to the ideological and political options of the left center, and the other consists of a socially inferior youth, inclined toward the right pole of the ideological-political spectrum. The socially more competent youth is more liberal, more critical toward the social reality and the political actors, they manifest a greater respect for democratic institutions and procedures, which is an indicator of the importance of favorable circumstances in the process of political socialization. The recent data enabled us to establish the existence of inter-generational differences, which are not enormous but are significant. The comparative analysis of the attitudes of both the young and the older examinees, demonstrated that the young state a higher degree of trust in the media than the older examinees, that they are more tolerant toward a number of social phenomena and groups, which cause dispute both in the Croatian and the European public opinion arena, as well as more sensitive regarding ethnic inequalities. The young perceive war as the main cause of current difficulties to a greater extent than the elders, they have considerably more trust in their own generation as a social force that could initiate positive trends, they express a greater readiness for inclusion in different civil society activities, and believe more that television and youth organizations could mobilize them into active participation in social affairs. At the same time, the young are slower than the older examinees to accept the value of a democratic order, however, they are also less prone to have a harmonious understanding of politics, they are less socially sensitive, they express less trust in the institutions of power, the socioeconomic goals and the preservation of tradition are less often among their political priorities, they less often think immorality and criminal activities in the privatization process are the cause of current problems, they perceive a smaller level of corruption in all areas of social life (aside from education), they believe less in the positive contribution of experts and entrepreneurs to overcoming the trends of crisis, they are less interested in politics and participate less in political parties, and they have a smaller level of faith in the mobilization role of education for democracy, volunteer work, political parties and non-governmental organizations, as well as the contribution of the family and education system in the stimulation of the young people' s social engagement. The established inter-generational differentiation can be explained through the life cycle theory, meaning the mentioned differences are mostly the effect of differing social statuses and the complete experiences of the young and the older examinees. That means that most young people have not assumed some of the permanent social roles, and that their immediate experiences are limited only to some social areas among which politics do not have a prominent place. The existing inter-generational differences are also the result of the fact that most older examinees draw on their experience gained in a different social and political regime, which to a certain measure forms their existing system of political values that is, in certain elements, especially those related to the social dimension, different than the youth' s system of political values. On the other hand, the congruence of the young and older examinees is contributed to by a common experience of an era, that is, life in a specific socio-historic period. The absence of deep inter-generational ambiguities also indicates that, in spite of the radical changes that have appeared through the decomposition of the old and the set-up of a new social and political order, the mechanism for transposing political values from the older generations to the young ones, functions to a considerable degree, along with the transfer of the shortcomings that exist in the structured political awareness of the older generation. Even though it was established that the youth in Croatia accept the traditional values to a smaller degree compared to the elders, the young are at the same time somewhat more conservative in certain areas than their European counterparts. Pointing to this finding is the greater orientation of the Croatian youth toward the family and a smaller extent of tolerance of certain phenomena and groups in the contemporary society. At that, the social participation of the Croatian young generation is at a lower level than the participation of their European peers. The attitude toward human rights is also one of the indicators of political preparedness of Croatian youth for integration into a democratic Europe, which promotes high standards in the protection of human rights and freedoms. The research results about the evaluation of individual human rights and freedoms, show that the youth accept the right to an education, the right to work and personal security, the right to privacy, the social protection of the elderly and those in other precarious situations, the equality before the law, the rights of women and the right to ownership the most. The analysis has shown that the preference of individual human rights and freedoms is not caused by the observed socio-demographic and socio-structural characteristics of the young, aside from education, which points to the significance of the education system as an agent of improvement of the state of human rights. Approximately a third of the young examinees were not satisfied with the respect for human rights in Croatia today nor were they satisfied five years ago, the percentage of the undecided has decreased in that period of time, and the number of those that think human rights in Croatia are mostly or completely respected has increased. The results of the analysis of social attributes of youth indicate that the ability of assessment and a higher degree of criticism toward the status of human rights in Croatia is related to life in economically more prosperous regions, a left ideological-political orientation as well as the female gender. The comparison of the evaluation of the contribution of institutions, organizations and significant individuals in the population of youth in 1999 and in 2004, established that the generation of youth today perceives a higher level of contribution of all observed participants (except for the opposition) to the protection of human rights and freedoms in Croatia. More precisely, most of the young assess that all the participants, completely or mostly, contribute to the realization of human rights in Croatia, which especially refers to the perception of the contribution of the highest institutions of power. The perception of the status of human rights in Croatia and the contribution of the observed actors to the realization of those rights, are considerably highly influenced by regional affiliation and party identification, followed by their social background, their gender and the religious self-identification of the young. The comparison of acceptance of the observed human rights and freedoms of the populations of young and older examinees in Croatia, indicates that the elders accept most individual human rights and freedoms more than the young, and that they also express less criticism toward today' s respect for those rights and freedoms in Croatia, while validating the contribution of all the observed actors to a higher degree. To summarize, the analysis has shown that the young accept human rights and freedoms very highly at the level of principle, but that there is a certain disagreement when it comes to concrete rights and practices in Croatia. Even though the degree of acceptance of the value of human rights and freedoms is high among the young, there are also deviations indicating an increased need for additional engagement of certain agents of socialization, especially the education system and the political actors. The national affiliation of youth is another indicator relevant to its relationship toward the European integration. The research has shown that the attitude most represented with the youth is one of moderate national identification, then the ones signifying an openness toward the world, while ethno-centric statements are at the back of the obtained hierarchy. The attitude that had demonstrated the highest representation of national identification is for the first time at the top of the rank in all our research projects, just as it is evident that nationally tinted attitudes, both moderate and extreme, are more represented now than in 1986 or in 1999. Such an increase of the national affiliation of the young can be interpreted by the fact that there is more emphasis on existential problems and that there is a higher uncertainty regarding the future, then the increase of differences between the rich and the poor, as well as a smaller degree of trust in the political leadership. The immediate confrontation with this type of social instability, results in a search for safer modes of relationships with other people, the society as a whole and some of its parts, where the nation represents one of the safe havens, much like family and church. However, it is necessary to emphasize that the attitudes of openness toward the world are quite stabile, and that they are often complementary instead of being opposite to attitudes of national identification. At the same time, this points to the complexity of the problem of national affiliation and the fact that it does not have to be exclusive, but can actually coexist with attitudes that enhance the process of European association. Regarding their national affiliation the young are, of course, not homogenous. The results of the analysis have shown that the nationally oriented youth is significantly more religious than the others, they prefer the conservative parties, live in Dalmatia, Central and Eastern Croatia, they originate more often from rural areas and families, where the father has a lower degree of education, they personally have a lower level of education and, within the youth sample, they belong to the youngest age cohort (age 15 to 19), and the groups of pupils and the unemployed. On the other hand, a significantly lower national affiliation is expressed by youth coming from the Istrian, Zagreb and Northern Croatia provenience, those indecisive about religion or atheists, youth of urban background and a higher family and personal education status. However, regarding cosmopolitism, the young demonstrate significantly more homogenous results. It is especially indicative that the more ethno-centric examinees and, to a smaller degree, those with a pronounced national identification, more often have a negative perception of the European Union, while the nationally more exclusive examinees refuse to even support the accession of Croatia into the European Union. The examination of the social (ethnic) distance toward certain nations has demonstrated that the young have put members of the former Yugoslav federation and Russians at the back of the scale, while, with an under-average evaluation, the center of the scale is occupied by members of certain Central and Eastern European nations (the Czech and the Hungarian). Inhabitants of the European Western and Southwestern territories, especially the Italians, which occupy the first position after form the Croats, and the Germans, demonstrate satisfactory results just by being evaluated by average grades. However, the degree of social closeness that the young citizens of Croatia feel toward other Croatian men and women, indicates a certain dose of self-criticism, because approximately one third of the young do not feel an especially high level of affinity toward, for the most part, their own nationals. The older examinees differ from the young in that they more pronouncedly represent attitudes at the center of the national affiliation scale, as well as indicate a higher ethnical distance on average. However, the fact is that, in spite of the existence of inter-generational differences when it comes to national affiliation where the older examinees dominate, there are also inter-generational differences that indicate a better position of the youngest examinees in our sample (aged 15 to 19). This phenomenon has already been described in literature by the so-called U-curve, which vividly illustrates a higher national affiliation of individuals at their earlier and later periods of life. Thus, the greater national affiliation, on the one hand, seems to appear as an expression of an adolescent transitional crisis, and on the other, as a consequence of a long-term perseverance of the perception and production of (most probably) negative experiences with a specific out-group. The relationship of the examinees toward the European integration and the European Union has been investigated via numerous indicators, where the emphasis was on the perception of the possible consequences of Croatian accession to the EU. However, other aspects of the relationship toward Europe and the EU have been the object of research, presenting a wider context for understanding the perception of consequences of joining the Union. The obtained results demonstrated that most of the young and of the older examinees in Croatia actually had a neutral image of the EU, even though those with a positive image exceed those that perceive the EU negatively. Actually, nine tenths of the examinees have in the beginning of 2004, supported the Croatian integration into the Union, but among those examinees, there is a highest number of euro-skeptics, that is, those that believe that too much is expected from the accession. At the same time, there were considerably less euro-enthusiasts (those that expect all-around benefits from the integration) and euro-realists (who believe that integration is inevitable for the survival of small countries). As for the difficulties standing in the way of the Croatian road to a united Europe, the examinees had equally addressed them to both Croatia and the European Union, however, the number of young emphasizing the accountability of the EU has increased from 1999 to 2004, and the number of those accenting Croatia' s responsibility has, in the same period of time, decreased. The finding that the young expect significantly more positive than negative consequences after the Croatian accession into the European Union, is especially important. However, in this regard, there has been a mild decrease in the expectation of the positive, and an increase of the negative consequences among the young during the last five years. The highest positive expectations have been registered at the individual and the socio-cultural planes, while the optimism regarding the socio-economic progress has decreased. Indeed, the lack of socio-economic preparedness of Croatia for the entrance into the developed European surrounding is expected to yield the most negative consequences. The research of the expected development of the EU in the coming ten years, has shown that only the possibility of easier travel, work, study and life in Europe is expected by most of the examinees, especially the young ones. The young are quite fearful of the costs Croatia might have from the integration and of the worsening position of the agricultural population. The negative conesquences expecting their own country are, however, less perceived by the youth in Croatia, than by their counterparts in Europe. Related to the fears from the construction of a united Europe and European Union, we have established that the youth in Croatia is most afraid of the abolition of the Croatian currency and the increase of crime, and its smallest fear has to do with the potential loss of social privileges. The fears of examinees in the enlarged Europe are somewhat different – the most expressed fear is that of labor transfer into other countries, the increase of crime and drug trade, the difficulties expecting the farmers and the price their country has to pay due to the development of the EU. Both the young and the old examinees in Croatia are less worried about the loss of national identity, language and their social privileges than the European examinees. All our examinees emphasize the multiple benefits of the EU enlargement, followed by the positive effects of that enlargement for Croatia, while the efforts of the Croatian government, regarding the accession to the Union, are valued quite poorly. The potential accession of Croatia into the European Union shall also signify a change in the decision-making process, meaning that some of those decisions will be reached at the national level, and some jointly with the EU. Our examinees have, in this regard, demonstrated a high level of readiness for integration, because more than half of them believes that four fifths of the observed areas should be the object of joint decision-making by the EU and Croatia. The only areas in which, in the opinion of the young examinees, Croatia should decide autonomously are the acceptance of refugees, the judiciary, culture, agriculture, fisheries and the police. The Europeans differ in their opinions on these issues from the Croats, and believe two thirds of the observed affairs should be decided on jointly by their country and the EU, while their country should be autonomous in deciding about education, basic rules about the media, health and social care and unemployment. Different social groups have, based on the perception of youth, been grouped into potential losers of the integration (farmers, the retired, workers, the unemployed), potential winners of the integration process (such as the inhabitants of the capital and certain regions, the young, as well as the Croatian population as a whole), and certain winners of the process of integration, which are also the best prepared for Croatian accession into the EU (experts, foreign language speakers, the political elite, managers, large companies). Actually, it was shown that the young consider the social groups which are in a relatively better position in the Croatian society today to be the greatest winners of EU integration, and those whose current status is unenviable, who are in the greatest need of a better future, were perceived as those that will potentially gain the least. The only encouraging fact is that the young are seeing themselves as the potential winners, meaning they believe the existing abilities and potentials of the young generation only need optimal circumstances in order to reach their peak. However, the data about the knowledge of foreign languages in Croatia are not very exhilarating, especially compared to the knowledge of foreign languages of the youth in the European Union countries. Within this research, we have also found that approximately three quarters of our examinees are proud of being Croatian citizens, while around half of the young, and somewhat less of the elders are proud to be European. The young are the ones to be more critical toward their national identity, and at the same time they lead in the positive validation of their European identity. However, the most interesting finding concerns the fact that all the Croatian examinees feel less national pride than the inhabitants of the European Union, while it is understandable that the examinees in the EU emphasize their pride of being European more. The answers of the examinees regarding the question about the contents of the concept " being a citizen of the European Union" indicate that neither the young, nor the older examinees posses a coherent understanding of the EU citizenship. Still, the right to work, live and study in any EU member, represents the key element for the understanding of EU citizenship, both with the young people in Croatia and with the youth in the Union. The young and the older Croatian examinees believe that active suffrage is the least important, regardless of whether the elections in question include the European Parliament, the national or the local representative bodies. Only one out of four Croatian examinees believes the Croatian membership in the EU might benefit them personally, while almost half of all the young and a third of the older examinees do not posses a defined opinion on this issue. It is clear that this feeling is closely related to the question of the personal meaning the European Union holds for the examinees, where neither the young nor the elders have a homogenous perception of the meaning of the EU. A single response appeared in an above-average number of cases – the EU is a way of creating a better future for the young – while the claim that the EU signifies a sort of " European government" , superimposed to the national states which are members of the Union, received a small level of support. Unlike that, the young from the Union countries emphasize the freedom of movement most often, while in time, the very concept of " European government" became more pronounced in the attitudes of the European youth. The young people in Croatia, as well as in the EU, express an equally small level of fear of the euro-bureaucracy, the loss of cultural diversity and the utopian idea of Europe. Considering the readiness of the young to live outside of Croatian borders, we have found that almost two fifths of them would like to live (and work and study) abroad for a while, while a quarter of the Croatian youth would like to leave the country forever. The older examinees, on the other hand, demonstrate a higher level of conservativeness toward the possible departure of their children into one of the countries of the Union, but they are, however, ready to accept their possible studying and training in the EU, while only one out of seven examinees would like his/her children to permanently live or spend their entire working life in one of the countries, which are members of the European Union. The analysis of the differentiation of the young in their relationship toward the European integration and the EU, has indicated that the used social characteristics have a limited influence. In other words, the young are relatively homogenous in their perception of a united Europe and the expectations from the Croatian accession to the European Union. However, certain differences do exist, and they are mostly caused by party identification, socio-professional status, regional affiliation and religious self-identification. This means that the most influential attributes, when it comes to attitudes toward the European integration process, are the ones consisting of ideological-political attitudes and the current social status along with the specifics of the wider environment. Thus, we have found that the sympathizers of parties that belong to the left center, then pupils and students, the inhabitants of the more developed regions and the non-religious examinees are more inclined toward the EU and the integration process, and at that, they emphasize the positive consequences and the potential gains from the Croatian accession into the Union, more than they express their concerns with the negative consequences. Hence, the concise conclusion would be that the greater social competence of the young is reflected in the establishment of a stable and more consistent pro-European orientation. Otherwise, the young differ from their older counterparts in their higher expectance of positive effects from the Croatian integration into the EU and, at the same time, in the lower perception of expected problems and undesirable consequences. Considering information sources and the level of information of the young in Croatia, the results show that the young follow the news in all the media outlets relatively often, but that they do lag behind the older examinees, and the examinees coming from the former EU candidate countries. This finding does not apply only to the use of the Internet as a source of information, where the young people are far superior to the older examinees. With that in mind, it is interesting that the young differ the most among each other, in the use of Internet and the reading of daily newspapers, where the socially more qualified young examinees (the more educated, coming from an urban environment and richer regions and averagely older ones) are the ones that use both media for obtaining information more often. As for the contents the examinees look for in the media, it is visible that the young are much more interested in events from the social and cultural life, and much less in issues related to politics. A comparison with the examinees from 13 countries that were EU candidates, demonstrated that they are far more interested in all the contents (aside from sports) than the Croatian examinees. Regarding the assessment of their own level of information about the EU, somewhat more than half of the young have stated that they are well informed about the European Union and events in it, compared to two thirds of the older examinees believing they are well informed. On the other hand, the results of both the young and the older examinees are surprisingly high, compared to the data on the level of information of the inhabitants in the 25 countries of the European Union, where three quarters of the examinees thought they were poorly informed about the issue. Closely related to the question of the level of information about the European Union itself, is the question about the general level of information about the Croatian accession to that association. The results demonstrate a somewhat different trend than the previous finding. In this case, less than half of the young consider themselves to be well informed about the process. It is interesting that the identically gathered data on this issue, from the former EU candidate countries, yielded a much lower evaluation by the examinees on their own level of information. Regarding issues and problems related to the EU that the examinees would like more information on, we have established that both the youth in Croatia and the examinees from the former EU candidate countries, find issues related to the Union' s policy on youth and education to be the most interesting, followed by the economy and social policy. Along with that, the issues regarding the enlargement of the EU, the cultural policy, the international relations, the regional policy and the EU budget are the ones the young find to be the least interesting. The manner in which the examinees gather information on the European Union mostly include the mass media outlets (the press, the television and the radio), and only then other forms of information gathering, such as discussions with their families and friends, surfing the Internet, specialized books and other published material, and the activities of non-governmental organizations. There are no significant differences in the use of the stated sources of information between the young and the older examinees, except in the case of the Internet. Considering the examinees from the 25 EU member countries, they use all of the observed sources as a way of getting information about the European Union, its policies and institutions, in a smaller amount. The examination of the objective knowledge of the examinees on specific issues related to the European Union has yielded devastating results. Thus, when asked about the phase Croatia was in, regarding the accession process into the EU, at the moment the research was being conducted, the correct answer was given by only a third of both the young and the older examinees. The second question asked, dealt with the familiarity of certain institutions of the European Union. The young and the older examinees do not differ very much from each other regarding their knowledge of this issue: the most familiar institution to both of them is the European Parliament, followed by the European Commission, then the EU Council of Ministers, then the European Central Bank, while all the other institutions were familiar to less than two fifths of the Croatian examinees. The examined citizens of the European Union are, understandably, more familiar with each of the observed institutions. The social attributes of the young, causing the greatest differences regarding their level of information, are mostly the ones connected to their level of socio-cultural qualifications (the socio-professional status and the level of education), followed by gender, and then provenience, regional affiliation and the age of the examinees. The highest level of information and knowledge belongs to men from the oldest age cohort of youth, those born and living in large cities, the inhabitants of the most developed regions, students and the employed examinees, as well as those with a higher education degree, the non-religious and examinees preferring liberal and left-wing parties. Along with all that, it is important to stress that a better level of knowledge and information about the European Union, its policies, institutions and enlargement process, correlates to positive attitudes about the different aspects of the European Union (the image of the EU, the following of issues related to it, the support for the Croatian accession to the Union, and so on), which, most probably, means that they are mutually determined. The inter-generational comparison has, on the other hand, indicated that the older examinees are more interested in most issues appearing in the media, especially politics, and that they assess their level of information to be better than do the young examinees. To put it shortly, the results of the research on the information level and knowledge of the Croatian citizens – both young and old – about the European Union, have indicated that they are not that interested in the European Union issues, as much as their level of presence in the media and the political agenda might imply, and the examinee' s knowledge about the relationship of Croatia and the EU is at an even lower level. Henceforth, it is necessary to conduct a strong and comprehensive public campaign directed precisely at the increase of the level of information and knowledge of the citizens about the European Union and what it represents, so that when the issue comes to the agenda, the Croatian inhabitants might make an educated decision about their country' s accession to that community of European states. The research results presented above may be summarized into a number of tendencies and statements of a wider nature. The political culture of the young testifies, in a number of aspects, to an approximation to the desirable democratic standards – especially regarding the acceptance of basic liberal-democratic values and the readiness for social engagement, at lease in principle – however, their social power and social capital are at a low level. At that, the young are aware of their own social and political marginalization, and recognize an entire plethora of measures that might help them gain a certain measure of power and become active citizens, as is desirable in a democratic society, but they do not use sufficiently the channels of social and political promotion, which are at their disposal. Today' s generation of youth expresses a lower level of social sensitivity and is more oriented toward individual efforts and family resources in the realization of life goals. At that, it seems that the young are not aware of the fact that an unequal access to existing social resources of the young generation today will have generated an unequal social status when they come of age. Hence, we can expect a widening and deepening of the process of social decomposition, that should be corrected through mechanisms that are supposed to ensure the highest possible equality of chances in the access to social resources (most of all, education). What we mean to say is that human capital is what Croatia, as a small and an insufficiently developed country, should deal with very thoughtfully. This, at the same time, signifies a maximum of investment into the development of human potentials, where the young generation certainly comes first. The inter-generational differences regarding the readiness of Croatia for accession into the European Union, and the relationship toward the European integration, are not of such a type and scale that there could be any mention of a generational gap, however, they are indicative. The most visible fact is that the young have demonstrated a more liberal, tolerant and flexible disposition, that they have a higher belief in the potentials of their own generation, and that they are consistent in their pro-European orientation, where they see their own generation as one of the certain winners of the Croatian accession into a united Europe. These trends suggest that the potentials of the young are a resource to be seriously reckoned with on the Croatian road into the EU. The process of the Croatian accession into the European Union is linked to different difficulties that affect the attitudes of citizens about the importance of Croatian entrance into the EU. Through this research, we have clearly detected that, unlike the Croatian political elite, both the young and the older citizens do not consider the Croatian integration into EU, to be the most important political goal. The political priorities of the citizens seem to be quite different, and their support to the project of European integration is weakening. It is, then, realistic to expect this trend to continue if the problematic events in the European Union persist, just as the difficulties in the relationship of Croatia and the EU, as well as the unfavorable economic and social trends in Croatia itself. This is why there are two equally important political tasks facing the ruling political elite: the initiation of the development of Croatia and an well-argumented explanation to the Croatian citizens why the country' s integration in the united Europe is purposeful.
La presente tesi non è solo l'esito di una ricerca su un precetto giuridico controverso, ma è anche la narrazione di un processo personale di scoperta, che a partire dallo studio di una specifica norma ha fatto emergere la complessità delle interazioni nell'ambito delle politiche in materia penale, economica, e finanziaria. Partendo da un approccio microsociologico focalizzato sull'analisi di una determinata norma penale, il reato di riciclaggio,1 la ricerca ha dovuto confrontarsi con temi di interesse macrosociologico, al fine di inserire l'analisi della legge all'interno di un contesto più ampio di politiche nazionali, europee e internazionali, di attori e di governance transnazionale. Per mantenere la scientificità dell'elaborato ho omesso di esprimere opinioni personali sui temi, talvolta di carattere fortemente politico, e ho cercato, invece, di presentare aspetti critici e discussioni aperte fornendo una visione completa e imparziale delle contrastanti argomentazioni in modo da lasciare il lettore libero di trarre le proprie conclusioni. Il riciclaggio di denaro sporco è il processo tramite cui a proventi di reati viene data un'apparenza di essere stati guadagnati in modo illecito. È un reato tipico della cosiddetta 'zona grigia', poiché avviene al confine tra la sfera della legalità e quella dell'illegalità. Nel momento in cui profitti realizzati illecitamente si mescolano ai flussi di denaro lecito è molto difficile discernere ciò che ha un'origine legale da ciò che è stato guadagnato illegalmente. Il reato di riciclaggio di denaro sporco è stato introdotto proprio per affrontare questa difficoltà ed impedire che le strutture legittime dell'economia e della finanza globale venissero abusate da trasgressori al fine di ripulire i proventi di reato. Infatti i flussi di denaro sporco utilizzano spesso gli stessi canali usati per le transazioni lecite; la loro riuscita dipende dalla cooperazione di professionisti quali avvocati commerciali, agenti finanziari, commercialisti, la cui reputazione è raramente sospetta. Data questa promiscuità spesso la gravità del fenomeno è sottovalutata dal pubblico che non ha gli strumenti per riconoscerne la pericolosità, anche a causa dell'assenza di vittime dirette. Dall'altra parte le stime sulla quantità di proventi di reato riciclati a livello mondiale (che oscillano tra il 2,5 % e il 5,5 % del PIL globale) richiamano l'attenzione su quella che Dalla Chiesa definisce la mitologia del volume dell'economia criminale,2 e una parte della letteratura descrive il riciclaggio come il lato oscuro della globalizzazione,3 e come uno dei maggiori problemi dell'era moderna.4 Con questa ricerca ho voluto mettere in discussione l'efficacia del reato di riciclaggio nel far fronte al fenomeno dell'infiltrazione dei flussi di denaro sporco nell'economia lecita. Sebbene la pratica di nascondere i proventi di reato in modo da evitare la persecuzione giudiziaria risalga probabilmente a molto tempo addietro, il concetto giuridico di riciclaggio è relativamente recente ed è stato introdotto nei codici penali nella maggior parte del mondo a partire dalla fine degli anni 80.5 Nel frattempo un gran numero di autori si è scagliato contro la scarsa efficacia delle legislazione anti-riciclaggio6, nonostante le innumerevoli novità introdotte e i cospicui ammendamenti che hanno in larga parte espanso il campo di applicazione della normativa. La decisione di scegliere il contesto tedesco come caso di studio deriva dal fatto che il paese è considerato avere un rischio particolarmente alto di riciclaggio di denaro sporco. Secondo il rapporto emesso dal 2010 dal GAFI (Groupe d'Action Financière), dal FMI (Fondo Monetario Internazionale) e dall'OCSE (Organizzazione per la Cooperazione e lo Sviluppo economico)7 ci sono alcuni fattori che rendono la Germania propensa ad essere usata al fine di riciclaggio di denaro sporco: il volume del sistema economico-finanziario, la locazione strategica al centro dell'Unione Europea con forti legami internazionali, l'uso diffuso di denaro contante,8 l'apertura delle frontiere, la vastità del settore informale, l'importante ruolo a livello di economia globale, e il coinvolgimento nei flussi di denaro transfrontalieri. Anche i media, a partire soprattutto dalla pubblicazione del citato rapporto, hanno attirato l'attenzione del pubblico sul fenomeno, descrivendo la Germania come "paradiso" o "Eldorado" per i riciclatori. Alcuni recenti scandali hanno visto coinvolte prominenti banche tedesche, come la Deutsche Bank, la Commerybank e l'Hyopovereinsbank, contro cui procure straniere hanno sollevato l'accusa di riciclaggio di denaro sporco.9 La legislazione in atto, ed in particolare l'articolo 261 del codice penale tedesco, non sembra essere sufficientemente efficace per contrastare il fenomeno, nonostante gli abbondanti emendamenti e il continuo processo di aggiornamento e di espansione del campo di applicazione della norma. Al fine di spiegare questa per lo meno apparente incapacità della norma di fare fronte al fenomeno del riciclaggio, ho costruito l'ipotesi di ricerca sulla base delle teorie sociologico-giuridiche relative all'efficacia del diritto, alle funzioni manifeste e latenti delle norme e quindi alle intenzioni espresse e non dal legislatore, all'efficacia simbolica del diritto e di singole legislazioni e all'impatto, inteso come comprensivo degli effetti indesiderati o collaterali. L'ipotesi di ricerca è che la norma esplichi una funzione simbolica di allineamento dell'ordinamento nazionale a quello europeo e transnazionale, di compromesso tra gli interessi politici in gioco, e di creazione di consenso pubblico verso il legislatore per essersi occupato della questione. Si ipotizza che il legislatore abbia quindi consapevolmente accettato o addirittura scelto di formulare una norma strumentalmente poco efficace, ma simbolicamente capace di raggiungere i suoi obiettivi latenti. Si solleva inoltre l'ipotesi che la norma sia stata appositamente approvata con lo scopo di non modificare lo status quo delle relazioni e strutture economiche, e di permettere quindi l'ingresso di capitali sporchi nel paese, sulla base del motto pecunia non olet. La suddetta ipotesi viene parzialmente smentita dai risultati della ricerca empirica. La ricostruzione del processo di produzione legislativa mette in risalto l'esistenza di svariati e contrastanti interessi e della forte pressione esercitata dagli organismi internazionali per l'introduzione e lo sviluppo del reato di riciclaggio, e conferma, quindi, l'argomentazione che la norma sia stata approvata in un contesto di pressione politica esterna e di necessità di trovare un compromesso tra diverse parti politiche. Anche l'analisi degli aspetti problematici dell'articolo 261 del codice penale tedesco messi in risalto dalla dottrina supporta l'ipotesi della simbolicità della norma. Il fatto che il legislatore abbia formulato un reato così complesso crea evidenti problemi di integrazione dello stesso all'interno del sistema penale tedesco, e quindi di accettazione da parte degli studiosi e potenzialmente da parte degli operatori del diritto. Inoltre, la scelta di costruire un reato così complesso riflette la necessità di venire a compromesso con opposti interessi, ma potrebbe essere anche essere interpretata come un disinteresse al raggiungimento di un'efficacia materiale. La ricerca empirica sull'implementazione dell'articolo 261, invece, smentisce l'idea che la norma abbia un'efficacia puramente simbolica. Infatti il numero di condanne, di investigazioni, ed in generale l'uso ricorrente della legge riscontrato nelle statistiche criminali provano che essa conduca ad effetti strumentali, oltre che simbolici. Inoltre, nella prospettiva di alcuni degli operatori del diritto e degli esperti intervistati, l'articolo 261 è percepito come una norma particolarmente efficiente, sia in relazione alle quote di chiarimento, che come strumento di demarcazione tra comportamenti leciti e illeciti, in un contesto di deregolamentazione del settore finanziario. Da un'analisi piè ravvicinata delle statistiche e di altri rapporti emessi da enti internazionali e nazionali emerge però un quadro non così univoco: La norma sembra colpire più le vittime dei network criminali che operano a livello transnazionale che gli autori, perché spesso i colpevoli sono coinvolti in transazioni sospette in cambio di guadagni monetari. Le cospicue indagini finanziarie non riescono a raggiungere coloro che operano dietro gli esecutori dei reati minori, ed infatti la maggior parte di esse si concludono senza una condanna per riciclaggio. Questo a fronte di un volume di denaro sporco circolante nel paese che rimane allarmante, secondo alcuni degli studi analizzati. Se da una parte i risultati dell'applicazione della norma, sebbene strumentali, non possono considerarsi soddisfacenti, perché non sono riusciti ad evitare l'ingresso di capitali illeciti nell'economia nazionale, dall'altra parte sembra che l'esistenza di interessi profondamente contrastanti in gioco renda quasi impossibile la formulazione di un reato piè efficace. La tesi è composta da cinque capitoli, un'introduzione e una conclusione. Nel primo capitolo espongo le teorie sociologiche adottate per la valutazione di efficacia della norma e il metodo della ricerca. Inizialmente richiamo concetti di efficacia forniti da discipline affini alla sociologia del diritto - tra cui per esempio il concetto di efficienza e di efficienza indipendente rispetto allo scopo (zielunhabhängige Effizienz) riferito agli apparati amministrativi - che torneranno utili per l'interpretazione dei risultati delle interviste. Successivamente procedo con una panoramica sulle definizioni di efficacia del diritto fornite in sociologia del diritto, sulla ci base adotto una nozione "elastica" -riprendendola da Ferrari- di efficacia di una norma che guarda alle funzioni della norma e alle intenzioni del legislatore, in una prospettiva "intenzionalistica": "la corrispondenza fra un disegno politico di utilizzo di uno strumento normativo e i suoi effetti". Tale nozione, oltre a prestarsi ad un'analisi critica del diritto, fornisce indicazioni utili per l'analisi empirica dell'efficacia della legge in questione. In particolare ritengo utile considerare le seguenti variabili: le intenzioni latenti e manifeste del legislatore, gli scopi diretti e ed indiretti, l'eventuale efficacia simbolica del diritto, l'implementazione, la ricezione della norma nel senso di accettazione nel sistema giuridico e di interpretazione e percezione da parte degli operatori giuridici. Nella seconda parte si evidenzia il rilievo di tali variabili con riferimento specifico al diritto penale. In conclusione, sulla base delle riflessioni teoriche, formulo l'ipotesi sull'efficacia simbolica del reato di riciclaggio nell'ordinamento tedesco, che verrà poi verificata nei capitoli successivi. Nello specifico, presumendo che il reato di riciclaggio, introdotto come strumento fondamentale della lotta alla criminalità organizzata, così com'è formulato non adempie agli scopi dichiarati, nonostante gli innumerevoli emendamenti finalizzati proprio ad aumentarne l'efficacia, ipotizzo un'efficacia simbolica della norma, introdotta per offrire un'immagine di efficienza al pubblico (elettori). Inoltre sollevo l'ipotesi che la norma sia stata emanata appositamente inefficace per neutralizzarne le aspirazioni di punizione delle condotte illecite tipiche dei colletti bianchi, in una lettura moderna del conflitto sociale che avviene tramite l'emanazione di norme, con la volontà di decriminalizzare secondariamente comportamenti tipici delle classi forti. Nel secondo capitolo analizzo il processo legislativo a livello internazionale, europeo e nazionale. Il processo che ha portato alla creazione del reato di riciclaggio a livello internazionale viene ricostruito tramite dichiarazioni di intenti degli attori partecipanti, opinioni pubblicate, trascrizioni dei dibattiti parlamentari. Una particolare attenzione è posta sulle diverse intenzioni degli attori che hanno partecipato alla formulazione del reato. Il processo legislativo che ha portato alla formulazione dell'attuale legislazione anti-riciclaggio è un processo complesso, in cui diversi attori partecipanti hanno contribuito con differenti aspettative e dunque attribuendo diverse funzioni alla criminalizzazione del riciclaggio. Al fine di permettere svariate interpretazioni del dettato normativo in modo da soddisfare i differenti bisogni, e con lo scopo di trovare un compromesso tra gli interessi divergenti, il reato di riciclaggio è stato formulato in modo vago. Mentre alcuni Stati (ad esempio la Francia) inizialmente sostenevano l'introduzione del reato con lo scopo di combattere i paradisi fiscali e rafforzare la lotta all'evasione fiscale, altri Stati, come la Svizzera, hanno accettato di firmare l'accordo internazionale sulla criminalizzazione del riciclaggio solo a condizione che l'evasione fiscale non fosse inserito nella lista dei reati antecedenti. Con la nascita del GAFI la policy viene usata allo scopo di difendere l'integrità del sistema finanziario dall'infiltrazione di capitale illecito e dal 2001 si aggiunge la funzione di lotta al finanziamento del terrorismo. Tramite la soft law emanata dal GAFI per la prevenzione del riciclaggio, si trasferiscono compiti solitamente pubblici al settore privato: banche e istituti finanziari devono segnalare alla polizia ogni transazione sospetta, devono raccogliere e mantenere informazioni sui clienti e verificare le identità dei clienti. L'Unione Europea finora ha emanato quattro direttive nell'ambito del riciclaggio, l'ultima risale al 20 maggio 2015. Inizialmente la CE non aveva competenza in ambito penale, perciò la materia riciclaggio fu assorbita nella sfera economica (DG Economia e industria). La funzione dichiarata dal legislatore è la protezione del mercato interno, con particolare riguardo al fatto che i criminali possano sfruttare la libera circolazione dei capitali e l'eliminazione delle frontiere. Le direttive esprimono anche la volontà di impedire agli stati membri di emanare regolamentazioni che possano bloccare il libero mercato al fine di difendere le proprie economie dall'infiltrazione di capitale illecito. Emerge dunque un ulteriore conflitto di interessi. Nella seconda parte ricostruisco il processo legislativo e le evoluzioni interne alla Germania fino al momento della scrittura e fornisco il quadro del sistema repressivo e di prevenzione anti-riciclaggio. L'articolo 261 StGB è stato introdotto con legge Gesetz zur Bekämpfung des illegalen Rauschgifthandels und anderer Erscheinungsformen der Organisierten Kriminalität, quindi nell'ambito della lotta alla criminalità organizzata. Il dibattito parlamentare rileva che la norma è il frutto di un compromesso sotto diversi aspetti, non ultimo il fatto che è stata emanata del 1992, a pochi anni dalla riunificazione, e che quindi è parte del processo di negoziazione per la formazione di un diritto penale adattabile alle due culture giuridiche. Il legislatore tedesco evidenzia alcune funzioni della norma: la lotta al consumo di eroina e al traffico di stupefacenti, la diffusione e la pericolosità della mafia alla luce dei fatti recenti italiani, la volontà di proteggere l'amministrazione della giustizia e di isolare i criminali puntando alla criminalizzazione dei cosiddetti gate-keepers. Nel terzo capitolo individuo alcuni dei problemi sollevati dalla dottrina tedesca sul piano teorico con riferimento alla criminalizzazione del reato di riciclaggio nel contesto del sistema penale tedesco. Uno dei temi più discussi è relativo al bene giuridico protetto. La dottrina non ha ancora trovato un accordo su quale interesse sia protetto dall'articolo 261 StGB, le ipotesi sono: gli interessi dei reati antecedenti, l'amministrazione della giustizia, il sistema finanziario e la sicurezza. La vaghezza del dettato normativo non aiuta a trovare un interpretazione dottrinale univoca. La questione del bene giuridico protetto, lungi dall'essere una mera questione teorica, risente delle diverse funzioni attribuite alla norma dagli attori partecipanti al processo legislativo. Finora la giurisprudenza, che pur è intervenuta a chiarire altre questioni relative alla norma, non è intervenuta sul tema. Un altro tema su cui il dibattito è ancora aperto è il fatto di aver previsto al comma 5 l'ipotesi di colpa lieve, in controtendenza rispetto al legislatore europeo. Questo, secondo alcuni studiosi porta all'assurdo per cui anche il panettiere Tizio che vende del pane ad un evasore fiscale Caio potendo aver riconosciuto che Caio fosse un evasore, si rende colpevole di riciclaggio. La questione del livello di mens rea richiesto per una condanna per riciclaggio era sorta anche durante il dibattito parlamentare e l'introduzione del comma 5 è stato sostenuto da un emendamento della SPD che avrebbe voluto criminalizzare anche l'ipotesi di colpa lievissima. Questo, secondo la CDU avrebbe messo un freno al mercato e alle transazioni, poiché avrebbe costituito una minaccia per chiunque avesse intrapreso operazioni economiche. Essendo la funzione della norma incerta, la dottrina si divide tra chi sostiene che questa vasta criminalizzazione faccia perdere il senso del reato che sarebbe invece colpire i criminali che agiscono con intento, e chi invece sostiene che la norma abbia lo scopo di impedire qualsiasi infiltrazione di denaro illecito e quindi richieda una responsabilizzazione di tutti colori i quali prendano parte in operazioni finanziarie o economiche. Ancora una volta l'indeterminatezza del precetto legislativo è di ostacolo ad un'interpretazione univoca. Il quarto capitolo offre un'analisi qualitativa delle statistiche officiali sull'implementazione della legge dal 1992 ad oggi da parte delle istanze repressive e di prevenzione. Tra i dati analizzati i più rilevanti sono per esempio il numero di segnalazioni di transazioni sospette ricevuto dalle procure, il numero delle investigazioni condotte, il numero di condanne effettivamente inflitte ed eseguite e per quale delle ipotesi di riciclaggio, il volume di denaro confiscato. Essendo tali numeri indici del funzionamento del sistema penale e non del fenomeno del riciclaggio per sé, in conclusione si confrontano tali statistiche con le stime sul volume di flussi illeciti in Germania. Tale analisi, non potendo dare conto del numero dei reati evitati, sulla base dell'efficacia deterrente della norma, non intende esaurire il giudizio di efficacia della legislazione. Tra i risultati più rilevanti vi sono il fatto che il 60% delle persone condannate vengono condannate per l'ipotesi di colpa lieve, che solitamente consiste in casi in cui una persona poco abbiente ha accettato di far usare il proprio conto a terzi per operazioni sospette in cambio di un guadagno. Nel 5% dei casi le condanne sono inflitte per le ipotesi aggravate di commissione da membro di un'associazione criminale o in forma commerciale. Nel 90% dei casi le transazioni sospette segnalate alle procure portano a una chiusura dei procedimenti per mancanza di indizi che possano sostenere un rinvio a giudizio. La norma sembra colpire delinquenti minori e non grandi gruppi criminali, né altri delinquenti più potenti. Si ipotizza inoltre che l'incapacità di sostenere un rinvio a giudizio nonostante le informazioni acquisite e le indagini preliminari riduce la capacità deterrente della norma e permette, invece, ai criminali di conoscere le modalità di funzionamento del sistema repressivo e agire di conseguenza. Inoltre, le transazioni sospette sono segnalate nel circa 90% dei casi sa parte di istituti di credito, mentre gli altri enti obbligati dalla legislazione non sembrano partecipare attivamente al processo preventivo, in particolare il settore forense e immobiliare e del gioco d'azzardo. Sulla base di questi dati si ipotizza un effetto spill-over, ossia un trasferimento di illegalità dai settori più controllati a quelli meno controllati. I rapporti pubblicati dalla polizia, invece, considerano l'articolo 261 StGB come una norma con una delle più alte quote di chiarimento (ca 90%), quota calcolata sul numero di casi chiariti dal sistema penale, a prescindere dalle modalità di chiarimento. Per quanto riguardo il volume di denaro riciclato, il capitolo richiama alcune delle stime pubblicate da diversi enti, tra cui il Fondo Monetario Internazionale, il GAFI e la polizia criminale federale. Essendo il fenomeno del riciclaggio un campo in cui la cifra oscura è stimata essere molto alta, tali dati non possono essere presi come misura obiettiva del fenomeno. Infine il capitolo si conclude richiamando alcune analisi del tipo costi-benefici per misurare l'efficacia delle politiche anti-riciclaggio o alcune delle sue norme, condotte da enti terzi. Tali analisi sembrano concordare nel considerare i costi di implementazione della politica più alti rispetto ai benefici conseguenti. Nel quinto capitolo, infine, vengono discussi i risultati della ricerca empirica con gli operatori giuridici e con alcuni osservatori privilegiati, in modo da fornire una prospettiva interna sul funzionamento della norma. Tramite le interviste condotte si mettono in luce aspetti della prassi giuridica non fotografati dalle statistiche, allo scopo di offrire un'immagine dell'impatto della legge quanto più vicina possibile alla realtà. La ricerca empirica si avvale di interviste con operatori del diritto e con osservatori privilegiati che siedono in posizioni ministeriali rilevanti nella lotta al riciclaggio. La metodologia adottata è di tipo qualitativo, è stato fatto uso di interviste semi-strutturate a operatori del diritto e a osservatori privilegiati. Il capitolo presenta le percezioni degli intervistati su quattro temi principalmente: la dimensione del fenomeno del riciclaggio, l'adeguatezza tecnica della legislazione, i conflitti di interesse intrinseci alla legge e sorti dall'applicazione della norma e l'efficacia delle legge. A fronte di un rapporto emesso da quattro ONG nel novembre 2013, sulla base di statistiche prodotte dall'UNODC e dal Fondo Monetario Internazionale, e immediatamente riprese dai media, che descrive il paese come "Eldorado" per i riciclatori,10 le interviste sono dirette a cogliere l'opinione dei rispondenti sulle dimensioni del fenomeno del riciclaggio in Germania. Un intervistato ritiene inaccettabile desumere dal PIL tedesco il volume di affari del crimine organizzato nel paese, e obietta che non si possa, sulla base del giro d'affari del centro finanziario di Francoforte, definire lo stesso come centro di riciclaggio di denaro sporco. Un altro intervistato, dichiara, al contrario, che sicuramente il fatto che la Germania abbia un'economia stabile ed un settore bancario affidabile attiri coloro che vogliano investire proventi illeciti, neppure quest'ultimo possiede, però, dati affidabili sulla quantità di denaro riciclato. Il riciclaggio, come altri fenomeni legati alla criminalità organizzata, è una fattispecie che per definizione sfugge alle autorità e ai confini nazionali. Lo scopo dello stesso è nascondere proventi di reato e sottrarli in questo modo al sistema repressivo, questo è sicuramente un elemento che rende complessa, se non impossibile, la sua quantificazione. D'altra parte, osservano i soggetti intervistati autori del Rapporto del 2013, l'incapacità di fornire statistiche rilevanti dopo più di 20 anni di lotta al riciclaggio, sembra essere un sintomo di una carente volontà politica nel contrastare efficacemente il fenomeno. Secondo gli osservatori privilegiati se la Germania fosse davvero un paradiso per i riciclatori, ciò non sarebbe collegabile ad un deficit legislativo, dato l'impegno del governo nella lotta al riciclaggio, negando, quindi, l'accusa rivolta dai media per cui i criminali sceglierebbero il paese tedesco ai fini di riciclaggio di denaro sporco sulla base delle lacune normative. Agli intervistati è stato chiesto di evidenziare aspetti positivi e problematici della legislazione. Tra i più rilevanti vi sono: la necessità di bilanciare il bisogno di punire la condotta di riciclaggio e rispettare i principi fondamentali del sistema giuridico, il disinteresse da parte degli istituti finanziari nell'indagare l'origine del capitale investito dai clienti, anche in caso di sospetto di provenienza criminale, a causa della possibile conseguente perdita di reputazione nell'ipotesi di apertura di investigazioni da parte delle autorità sul cliente sospetto. Vi è poi una difficoltà materiale nel condurre indagini finanziarie, che spesso, conducono a condotte illecite commesse all'estero; sul punto si osserva che le condotte di riciclaggio, intese come operazioni atte ad ostacolare la provenienza delittuosa, non avvengono su territorio tedesco, bensì all'estero, il denaro che entra in Germania, è, quindi, già "pulito". Inoltre, l'articolo 261 è stato introdotto nel sistema tedesco come trasposizione di una direttiva Europea e non rifletteva una necessità interna dello Stato; la formulazione così vaga, infatti, si presta più per il sistema giuridico degli Stati Uniti, in cui non vige l'obbligo dell'azione penale, mentre in Germania, dove i pubblici ministeri hanno l'obbligo di azione penale, tale norma porta ad iniziare numerose indagini senza avere la capacità di proseguirle. In generale, gli intervistati rappresentanti dei Ministeri rilevano la forte pressione subita da parte del GAFI e dell'Unione Europea per l'emanazione della legge anti-riciclaggio e concordano nel dire che se la norma fosse stata creata sulla base di una necessità e di un dibattito nazionale sarebbe stata scritta diversamente. C'è chi individua nel sistema penale le cause di inefficacia dell'articolo 261, nello specifico, la limitata possibilità di effettuare intercettazioni telefoniche, le restrizioni in materia di inversione dell'onere probatorio, e lo scarso utilizzo della confisca dei proventi di reato a causa del disinteresse da parte delle procure (gestite a livello di Bundesländer) nell'investire risorse in tal senso dato che i beni confiscati non resterebbero in mano al Bundesland ma verrebbero raccolti in un fondo federale e poi spartiti. Si osserva una generale mancanza di risorse pubbliche che porta ad una carenza di personale coinvolto nelle investigazioni e, quindi, ad una incapacità di far fronte ai processi in corso in modo efficace. Per questo motivo, i pm non hanno la capacità di indagare più a fondo casi di riciclaggio all'apparenza semplici, ma che potrebbero portare alla luce organizzazioni criminali operanti nell'ombra. Alla totalità degli intervistati è stata chiesta un'opinione sull'efficacia della legge. L'articolo 261 del codice penale tedesco è stato definito da un soggetto "una legge scritta in modo indecente, che produce risultati banali sul piano delle statistiche criminali, soprattutto con riferimento alle condanne per riciclaggio in grossi casi di criminalità economica". Il reato è così difficile da provare in giudizio, che risulta facile, per la difesa, sfruttare le lacune legislative per evitare una condanna per riciclaggio. I rappresentanti dei Ministeri confermano che la lettera dell'articolo 261 crea confusioni e che quindi l'accusa, pur trovandosi di fronte ad un caso di riciclaggio spesso preferisca perseguire i delitti presupposto. Questo non è, però, un sintomo di inefficacia, dato che l'effettività a cui mira il Ministero dell'interno non è data dal numero di condanne per riciclaggio, ma dal numero di casi risolti, e quindi dal numero di condanne in generale, a prescindere dall'imputazione. D'opinione opposta un altro intervistato che ritiene che l'articolo 261 non abbia alcuna capacità deterrente nei confronti della criminalità organizzata, "la norma ricorre così raramente nella prassi giudiziaria che di fatto non rappresenta una "minaccia" per i potenziali criminali". I soggetti intervistati esprimono più soddisfazione a riguardo della legislazione di prevenzione (GWG); in particolare, con riferimento alle piccole e medie imprese, per le quali è difficile riconoscere tra i partner commerciali coloro i quali investono denaro di provenienza illecita, la possibilità di affidarsi alle autorità investigative, in caso di sospetto è fondamentale. Un avvocato specializzato in compliance per società, descrive la norma preventiva come molto efficace e severa, tanto che è impossibile per le aziende, specialmente per quelle di medie o piccole dimensioni, adempiere a tutti gli obblighi prescritti dalla norma, ma, egli osserva, l'efficacia del sistema sta proprio nel fatto che le autorità di controllo, consapevoli dell'elevata rigorosità della legge, chiudono un occhio di fronte a lievi inadempienze. Una legge meno severa e un controllo più fiscale non otterrebbero la stessa efficacia, perché la norma non avrebbe lo stesso potenziale deterrente. L'efficacia all'interno delle amministrazioni responsabili per la lotta al riciclaggio è interpretata come efficienza dell'apparato, per questo motivo, non ci sono verifiche sull'efficacia degli strumenti giuridici sulla base degli scopi dichiarati, quanto piuttosto sulla correttezza del funzionamento dell'amministrazione e sulle possibilità di migliorarlo; il punto è capire come migliorare, non se il sistema sia efficace o no. Agli intervistati è stata chiesta un'opinione sull'eventuale efficacia simbolica della legislazione. La maggioranza delle risposte è stata negativa, gli sforzi compiuti da parte dello Stato -e quindi delle procure, della autorità competenti e della polizia- nel contrastare il riciclaggio e la criminalità economica non possono essere considerati simbolici. Alcuni intervistati ritengono assolutamente necessaria e strumentale – e quindi non simbolica- l'esistenza del reato nel codice penale come demarcazione di illegalità di tali condotte e come strumento atto a contrastare la criminalità economica perché mette in chiaro entro quali limiti le società possano perseguire profitti in modo legittimo. Di opinione diversa, invece, gli avvocati penalisti i quali si sono detti favorevoli a tale definizione sulla base dello scarso numero di condanne e soprattutto sulla mancata previsione da parte del Governo di mezzi adeguati per l'implementazione della legislazione. Lo stesso è osservato dal terzo settore, il quale sostiene che, a fronte di una legge complessa, oggetto di svariati emendamenti nel corso degli anni, non c'è stato un sufficiente impegno sul versante dell'implementazione; il coinvolgimento del GAFI e dell'OECD nella lotta al riciclaggio è percepito come un modo per creare posti di lavoro e nuove figure professionali, più che un'arena dove discutere efficaci strumenti di lotta ai reati economici. Altri elementi interessanti riscontrabili nelle interviste sono i conflitti di interessi che emergono dall'applicazione delle leggi anti-riciclaggio. Tra essi, vi è il dibattito tra il Ministero dell'Interno e quello di Giustizia in riferimento all'adeguatezza dello strumento penalistico nel contrastare la criminalità economica, dibattito già affrontato dalla dottrina, a cui, però finora, non è stata data una risposta univoca. Da una parte il Ministero dell'Interno auspica un intervento giuridico più deciso, che, per esempio, ricomprenda il reato di riciclaggio nella responsabilità penale degli enti (non ancora esistente in Germania) e sollecita una svolta politica generale in tema di criminalità economica dalla deregolazione del mercato finanziario all'intervento dello Stato in ambito economico ai fini di chiarire i comportamenti leciti e quelli illeciti. Dall'altra parte, il Ministero della Giustizia considera erroneo il ricorso al diritto penale ai fini di risolvere problemi di tipo economico o finanziario e cerca di frenare la tendenza moderna alla proliferazione penale, a favore di un intervento di tipo preventivo-sociale. A tal proposito, si osserva che agli incontri del GAFI a cui partecipano i rappresentanti dei Ministeri di Giustizia, coloro che provino a richiamare l'attenzione sulla necessità di rispettare i principi fondamentali costituzionali e di limitare l'intervento penale a tutela dei cittadini, vengano tacciati di non voler combattere la criminalità organizzata in modo efficace. In conclusione riapro la prospettiva a livello globale ed inserisco il reato di riciclaggio in una riflessione più ampia sulla governace finanziaria. In una prospettiva storica di analisi delle politiche economiche recenti si osserva come vi sia stata una tendenza a deregolare il mercato per mano delle istanze tradizionali pubbliche, e al contempo un aumento di strumenti transnazionali di cosiddetta soft-law che si sono fatti portatori di interessi particolari. Finché questa conflittualità non verrà risolta sarà impossibile impedire il riciclaggio di denaro sporco. Con particolare riferimento al contesto europeo, si prende atto che è stato molto più facile chiudere le frontiere per le persone fisiche e non a quelle giuridiche o ai capitali. ; This paper aims to question the sociolegal1 effectiveness of the money laundering offence.2 The literature that assesses the effectiveness of the anti-money laundering system is abundant. While most of it does not question the regime's goals this paper takes a step back and critically looks at the law-making process. In addition, while most studies have assessed the effectiveness of anti-money laundering law by looking at statistical outcomes, this paper takes a step forward and tries to explain those statistics by looking at legal praxis and at indirect effects. The significance of the research derives from the insertion of the analysis on money laundering offence in a broader political, economic and historical context. The methodology adopted is qualitative, with the intended purpose of underlining the complexity of the issue tackled, rather than reducing it through a quantitative approach. While most of the existing literature has quantitatively assessed the effectiveness of the anti-money laundering regimes on the basis of statistical data and other quantitative indexes and has tried to reduce the complexity of the issue by measuring it numerically, this research adopts a qualitative methodology, which instead highlights the entanglement and the different perspectives on the question. Money laundering is the process of giving profits originated illegally an appearance of having been made lawfully.3 Due to the tightening of economic criminal policies that limit the possibility of integrating ill-gotten gains in the legitimate economy, offenders have developed more and more complex methods and subterfuges to launder proceeds of crime, so the rise of a proper 'money laundering industry' (industria del riciclaggio) is mentioned.4 The total volume of money laundered is estimated to amount to between 2,5 and 5, 5 % of the world GDP.5 Due to the borderline nature of money laundering, which happens between the so-called 'legitimate economy' and the 'dirty economy', and thus involves different actors such as banks, the financial sector, certain professions and businesses, offenders, victims and law enforcement agencies, the legal response needs to compromise with all the various economic, political, social and financial interests at play. Furthermore, where legitimate business intermingles with illegal business and legitimate funds with illicit funds, it is very difficult to distinguish what is legal from what is not. The criminalisation of money laundering was specifically supposed to tackle this fine line. The goal of this research is to assess whether the choice of criminalising money laundering has been effective to tackle this fine line. In order to assess the impact of the domestic implementation of the existing legal framework, the research uses a case study that specifically questions the effectiveness of the money laundering offence in the German national criminal legal system. The interest in the German case derives from the fact that, according to the IMF, the OECD and the FATF, Germany might have 'a higher risk profile for large scale money laundering than many other countries'.6 There are some factors identified as enablers of money laundering activities, such as the large economy and financial centre, the strategical location in the middle of Europe, with strong international links, the substantial proceeds of the crime environment involving organised crime operating in most profit generating criminal spheres, the open borders, the large informal sector and a high use of cash, the large and sophisticated economy and financial sector, the important role in world trade, and finally the involvement in large volumes of cross-border trade and financial flows. The media have kept on reporting the fact that Germany is an ideal country, or even a paradise for money launderers.7 According to most recent media reports, corruption is increasing in Germany along with money laundering and organised crime,8 and illicit financial flows are estimated to amount to 50 Billion Euros annually.9 Renowned banks such as Commerzbank, Deutsche Bank, and Hypovereinsbank have been the focus of recent scandals due to their involvement in large tax evasion and money laundering schemes, investigated mostly by US law enforcement agencies.10 The legal framework has been considered as not being sufficient to tackle the estimated volume of money laundering. In 2007 and 2010 the European Commission initiated two proceedings against the German government for having contravened the European treaty by not having effectively transposed into national law the European framework to tackle money laundering and terrorist financing.11 In response to this wave of criticism, some important changes have been made.12 With specific regards to penal law, the legislature has amplified the scope of the money laundering offence and the sphere of criminal liability in order to improve the effectiveness of the existing legislation.13 Yet the continual expansion process has raised legal challenges that could constitute an obstacle for the effective enforcement of the measure. With regards to international legislation, scholars have often criticized the ineffectiveness of the anti-money laundering regime to not be able to achieve its goals and thus to be only appearance of public action. 14 While there is theoretical support for the perception that policies have contributed to a decrease in the incidence of money laundering, there is no evidence that this goal has actually been achieved.15 The official discourse describes the regime as a crucial tool to prevent and combat money laundering, and lawmakers have been focusing on expanding the reach of anti-money laundering laws. This work however takes a critical approach towards the existing legal framework and presents the view that questioning the effectiveness of the money laundering offence is essential before expanding the scope of the existing legal framework.16 On the background of the reflections based on the sociolegal framework that sets the definition of legal effectiveness with specific respect to criminal law, and on the critical literature on the inadequateness of the international anti-money laundering system to eliminate the targeted activity recalled in the introduction, the hypothesis underlying the case study is the following: Article 261 Gcc may be an example of a symbolic legislation, whose latent functions prevail on its declared functions. In particular, it is hypothesised that the law is an example of a 'compromise-law' that satisfy all parties taking part in the law-making process, thanks to the vagueness of the wording that allows a broad range of possible interpretations, and also thanks to the actual ineffectiveness, which pleases those who were contrary to the introduction of the provision. It is here necessary to recall the considerations on the 'legislator' being an heterogeneous group of parties not only constituted of members of the Parliament but often also by external actors, who can influence more or less transparently the law making-process. While the manifested function of tackling money laundering has in fact remained in the background, the thesis hypothesises that other latent goals have been pursued. It is further hypothesised that the 'law inaction' is part of a process of decriminalisation that intentionally grants impunity to a certain group of actors, in this case those laundering money, while giving the appearance that the practice is not accepted by law by labelling it as criminal. By using the concept of function, the study focuses on eventual conflicting interests emerging throughout the policy-making process and/or being displayed through the implementation of the provisions. In order to verify these hypotheses the research proceeds with a case study that aims at empirically assessing the sociolegal effectiveness of Article 261 Gcc. In particular, by applying the 'elastic' definition of effectiveness, the following chapters analyse the law-making process, the level of acceptance by legal scholars, the implementation, and the opinions of legal experts and professionals. The methodology adopted is qualitative. The research consists of a case study that includes a documental research, a qualitative analysis of statistical data and the conduction of interviews with privileged observers and legal actors. The study is a macro-sociological assessment of the effectiveness of a criminal legislation through the analysis of the motives that have triggered lawmakers to enact the current legal framework and the practical effects of the 'law in action'17 and of the 'law inaction'.18 Thanks to the use of sociological conceptual tools, as the ones of function, symbolic effectiveness, power, labelling, and legal culture, the research critically approaches the legal framework. In addition, the sociolegal perspective allows us to take into account the multidisciplinary nature of the phenomenon of money laundering and of its countermeasures and the diverse conflicting interests at play. The work has been conducted by a single person and not by a team of researchers; this has imposed a limit on the interviewing sample and the impossibility of undertaking, along with the qualitative analysis of the provision, a qualitative analysis of the jurisprudence and a quantitative analysis of the case law. In addition, criminal provisions have a deterrent purpose, yet in certain cases it is almost impossible to quantify the deterrence effect of those provisions, as in the case of the money laundering offence, and this represents a shortcoming of the current research. Official numbers are highly problematic, this element, despite impeding an objective quantification of the phenomenon, can represent a partial result for the qualitative analysis, because it highlights the complexity of the matter. The anti-money laundering regime is constantly evolving, and this would require continuously updating the assessment, instead the research provides a picture of the current situation. Yet the work offers the reader an instrument to critically interpret also possible changes in the wording of the money laundering offence that may be made following the publication of this work. The outcomes of the critical study on the reasons and effects of the current legislation can be used as a starting point for further research; the methodology set for the empirical analysis can be applied to assess the effectiveness of following developments. The structure of the thesis is the following: The first chapter presents the theoretical sociolegal framework and provides an operational definition of the concept of effectiveness that directs the empirical research. At the end the chapter describes the methodology of the qualitative research. Chapter two traces the genesis of the money laundering offence, as well on an internal, European and domestic level. The chapter analyses legislative intents, parliamentarian debates and other external contributions as declarations of intents and opinions through a desktop-study. The third chapter is dedicated to the doctrinal debate about the money laundering offence regulated in the German penal code. In particular the chapter highlights the controversial issues that have emerged through the abundant legal scholarship production, which might affect the effectiveness of the money laundering offence. Chapters four and chapter five present the empirical research. The fourth chapter analyses the quantitative data of the implementation of the money laundering offence from a qualitative perspective. The last chapter presents the results of the interviews. The main outcomes of the research are that the interests expressed more or less manifestly from the actors taking part in the initial phase of the creation of the anti-money laundering regime were strongly conflicting with each other. One representative example is the question whether to use the policy also to tackle large scale tax evasion or to leave proceeds deriving from fiscal crimes outside of the regime. Very different justifications were given for the criminalisation of money laundering at different stages. Often the declared motives did not correspond to the real goals of the actors taking part in the law-making process. The rhetoric connected to the seriousness of the drug issue was the manifest function of the new criminalisation of money laundering. However, other latent goals, for instance, the desire of financial institutions to clean their reputation and gain customs confidentiality or the interest of some governments to curb tax evasion were already present during this initial phase. Another controversial issue concerns the fact national states have adopted anti-money laundering measures under the pressure of the FATF, which is led by most industrialised countries.19 Despite lacking democratic legitimation, the FATF has imposed worldwide a brand new regime of criminalisation, prevention and enforcement. The legal framework has been used to address ever-new challenges, and this expansion process has been coupled by a rhetoric that scholars have defined the securitisation rhetoric.20 The most recent function manifestly attributed to the anti-money laundering legal framework, that is, in short, the protection of the soundness of the financial system. Especially in times of financial insecurity, the tendency of hardening laws against economic crimes increases. Having previously deregulated the financial system to enhance economic liberties, legislatures resort to criminal law to control illegality in the economy. As a response to the European financial crisis of 2007-2011, legislatures, instead of rethinking the approach towards the protection of the global finance, called for a tightening of economic crimes regulations. The European discourse on money laundering has mostly been related to the destabilisation of the market, the abuse of capitals' movement liberty, the disintegration of the internal economy. But, why was the EU so keen on imposing a common standard for the criminalisation of money laundering, without even enjoying competence in penal matters? The introduction of a common anti-money laundering control policy served to a latent function, namely to the purposes of the creation of the 'Single Market', by way of avoiding that Member States would have adopted measures inconsistent with the completion of the Internal Market, while taking action to protect their own national economies from money laundering.21 This was done by avoiding that domestic regulations implemented for protecting national economies from the infiltration of ill-gotten capital could have hampered the freedom of movement of capital within the European borders. The tension emerges, also in the wording of the most recent EU money laundering Directives, due to lack of Community action against money laundering could lead Member States, for the purpose of protecting their financial systems, to adopt measures which could be inconsistent with completion of the single market.22 There are thus conflicting interests between the claim for regulation to avoid the infiltration of illicit capital, and the demand for deregulation to foster the free market. The European legislature, however, did not declare completely this intention and justified, instead, the imposition of anti-money laundering rules given the threats posed by money laundering to the financial system and thus to society. According to this critical approach, the criminalisation of money laundering turns out to be more of a political tool aimed at achieving governance within the EU, while being presented to the public as an essential intervention to guarantee security and well-being. Once again, thus, the declared goals of the lawmakers did not correspond with the real intentions. It is especially in the interest of a research on the law's effectiveness to unveil functions that were undeclared, in order to evaluate the outcomes in a more critical way. Also from the analysis of the national law-making process emerged divergent opinions and expectations relating to the criminalisation of money laundering. The Parliamentarians debate that took place with regard to the introduction of the money laundering offence and other instruments to tackle drug-trafficking shows that the discussion was deeply embedded in the political-historical context. Given that Germany was just reunified after a period of two dictatorial regimes, the hearing gives the impression that lawmakers felt the responsibility of creating a new legal system against such historical background. In order to balance the very different legal cultures, the divergent approaches had to be compromised. The introduction of a new crime was particularly delicate due to the discriminatory and arbitrary use of criminal labels by the previous dictatorial regimes. Therefore, delegates would not easily give up on fundamental rights for the cause of persecuting criminals. The legislation can be seen as an attempt to balance the need to adopt more effective measures to tackle crime and the necessity of respecting the rule of law and creating a 'militant democracy'. Yet, given the external pressure of the FATF, the EU and of the media, the text was less of a compromise and rather a ratification of 'internationally' accepted standards. The rule of law was not the only issue emerged in the initial phase of the political debate. Controversial opinions were raised also with regard to the questions of the mens rea and the interest protected by the new criminal provision: Certain political parties supported the broadest criminal liability to ensure an effective prosecution of money laundering, other parties were worried that a widespread liability would have been cumbersome for the economic system. Moreover, along with the expansion of the international criminal legal framework to fight against money laundering, also the scope of Article 261 Gcc was extended to include ever-new predicate offences. From the analysis of the doctrinal debate, it emerged that legal scholars have revealed technical hindrances that hinder the provision's legitimacy and thus hamper a positive integration of the act in the criminal legal system. In addition, given that most controversial issues are caused by the wording of the offence, the chapter seems to uphold the idea of an intentional potential decriminalisation of money launderers. The wording of Article 261 Gcc has the potential of frustrating some of the intentions expressed by the legislature in occasion of the adoption of the provision. While the vague formulation of the money laundering offence was thought to tackle ever-new emergencies and has been justified by legislatures as necessary to ensure a more effective fight against money laundering, it has also raised issues that, far from being purely dogmatic, have undermined the acceptance of such law. If law makers have designed the offence in a broad way to allow the criminalisation of conducts that could not have been prosecuted by the existing offences before, the large discretion left to prosecutors, has resulted in a cumbersome element for the prosecution of money laundering. In addition, criminalising the reckless conduct without envisaging a specific criminal liability for security positions has widened the scope of the offence to the point that the law has missed its function of isolating criminals by criminalising gate-keepers' activities. In addition it emerged that there are some open questions with regard to the wording of the offence, for example the question of the interests protected by Article 261 Gcc. On one side a state intervention is considered necessary to contain the impact of economic misbehaviours to protect citizens, on the other side it is important to limit the resort to criminal law only for safeguarding individual or collective situations and not for defending an existing economic structure. The economic system may, in fact, not be considered as a collective interest that needs protection. Also, safeguards provided by penal law need to be substantial and not symbolic, because they urge to change a given situation of inequality, where criminals can profit from illegal practices while legitimate economic actors undergo unfair competition. From the doctrinal analysis it has instead emerged that the legislator seemed to be more interested in drafting a symbolic legislation that can be hardly integrated in the legal system and that raise strong challenges. Lawmakers have been focusing on expanding the reach of anti-money laundering in order to improve its effectiveness, yet without providing legitimacy for such expansion. One of the most meaningful fact observed in the qualitative analysis of statistical data is that organised crime and 'gross money laundering' are not persecuted through Article 261 Gcc. This fact can be inferred by the low number of convictions pursuant to Article 261 (4),23 by the low number of money laundering proceedings categorised as organised crime and by the low number of investigations in the field of money laundering, tax crimes and economic crimes recorded by public prosecutors offices in 2013, where more than one person was involved (18 %). Yet, this does not mean that the criminal justice system does not act against them, but rather that it uses other tools to achieve the goal. While the low conviction rate for serious money laundering cases could be also a symptom of a high degree of deterrence of the provision, it seems that law enforcement uses the money laundering charge as a fallback for authorities who are unable to acquire sufficient evidence in a preliminary phase for the predicate crime and necessitate further information otherwise not accessible. The charge of money laundering allows investigators to access the vast amount of information recorded pursuant to the GwG, which would not be otherwise accessible. Yet, after the investigative phase, prosecutors seem to prefer to modify the charge and opt for indictment for predicate offences instead. The law seems to be effective to the extent that it facilitates the initial investigations, while it does not serve directly the function of punishing money launderers. Besides having a substantial nature, the provisions seem to have a procedural function. It can be inferred that prosecutors find particularly difficult to bring evidence against organised money launderers also due to the fact that professional offenders do not leave traces. From the scarce use of Article 261 Gcc for tackling organised criminality, it can be inferred that the measure is not serving for one of the purposes declared by the legislature when introducing the offence. In addition, it can be hypothesised that other measures may be more suitable to tackle 'gross money laundering'. Given the high number of STRs filed and the low number of money laundering charges and of convictions deriving from the STRs since the introduction of the laws, it can be assumed that the system has been anyway maintained because it still provides some sort of benefits. It can be hypothesised that one benefit is the number of information provided to law enforcement agencies. This amount of recorded information is helpful not only to support further indictments, but also to increase the personnel awareness about the ever-changing money laundering techniques and schemes. Again the effect of the 'law in action' differs in respect to the declared legislative intentions, which justified the criminalisation of money laundering with the necessity of tackling organised crime's economic power. By spelling out this function, the assessment on the effectiveness of the law - as the possibility of collecting information - can be positive. Yet, this effect could be considered a social cost rather than a benefit. On a theoretical side, many scholars see the recording of personal information by private actors as an infringement of the right to privacy.24 On a more practical side such mechanism imposes significant costs on the designated businesses and professions that are in charge of collecting the data.25 When compared to the effective outcomes of the preventive regulations, in terms of law enforcement results, this aspect does not seem to win a cost-benefit analysis, as showed in the quoted researches. If one considers the advantages in terms of information collected, the policy may be considered worth the burden imposed, instead. However, the fact that the laws would have an effective impact on the long run on the fight against money laundering and organised crime may be seen as a diminished deterrence effect, because perpetrators would have the time to adapt to the new laws and find new ways of circumventing them. A collateral effect of the long-run effectiveness of the policy hypothesised on the basis of the outcomes of the research on the implementation is the fact that perpetrators could take advantage of the initiated but not completed cases, by acquiring knowledge about law enforcement strategies and thus develop subterfuges to elude them. On the contrary, it seems that the legislature is always running after to cope with the offenders' ever-new strategies. In fact, regulations about a new sector are updated when there is evidence that there is a risk of money laundering in that specific sector. Yet, offenders might have already moved their laundering activities to another sector. On the assumption that the inclusion of the reckless conduct would have potentially criminalised daily activities, a focus was posed on the number of convictions related to Article 261 (5) Gcc26 to verify the target of the criminal provision. Since 2005 a high number of convictions have been actually referring to reckless money laundering. This shows that the offence is used to punish primarily 'petty money laundering'. This fact can also be inferred from the relevant number of money laundering cases to the detriment of senior citizens, signalled by the FIU in the recent years. Also the fact that a significant number of STRs is filed in relation to the 'financial agents' phenomenon' is a symptom that the preventive mechanism targets more 'small fishes' rather than big perpetrators. Individuals convicted for the reckless conduct may be even victims of a fraud perpetrated by criminal networks. However, the criminal network acting behind the offender remains undetected. If on the one side it cannot be claimed that such offenders, given the lower degree of culpability should not be punished at all, on the other side this effect of the law involves a change of paradigm. The money laundering offence was initially introduced with the goal of tackling serious crimes. The observed effect, however, changes the function and the nature of the law, so that Article 261 Gcc could be considered rather a 'blue collar crime' more than a 'white collar crime'. From the analysis on the quality of STRs filed to the FIU, it can be inferred that certain designated professions and businesses are very reluctant in filing STRs, despite their notably exposure to money laundering risks. The list of designated professions and businesses has been amplified over the years exactly with the goal of facing this transfer of crime from one area to the other. Yet some professionals, such as legal advisors, do not report them, although they possess the capacity of recognising illicit transactions. The fact that some sectors do not actively participate in the effort of preventing money laundering, by allowing criminal proceedings to enter the legitimate economy, may lead to a general ineffectiveness of the system, because it can significantly hinder the capacity of the whole anti-money laundering system to respond to the ability of offenders to move their field of activity there where the law is lax. The provision does generate some instrumental effects by punishing offenders and by triggering a cooperation directed at signalling suspicious transactions between the obliged entities and law enforcement. However, some of the effects do not seem to completely fulfil the legislature's declared goals. For example the chapter seems to prove wrong the legislature's expectation of tackling the grey area by punishing gate-keepers or the attributed function of eliminating organised and serious crime. Given the high costs of implementation highlighted by the cost-benefits analyses, the rather low outcomes seem to be insufficient to fulfil the legislature's goals. Since it is sufficient that without latent functions it would be impossible to explain the adoption and maintenance of a legal act,27 it can be concluded that the intents declared by lawmakers do not satisfy the reasons why the provision was introduced. This opens up the hypothesis that Article 261 Gcc is an example of a symbolic legislation, which has been enacted with the purpose of compromising a complex parliamentarian debate. The analysis of the law-making process has revealed the existence of different expectations attributed to the introduction of Article 261 Gcc. Expectations that were conflicting with each other had to be negotiated and were compromised through the formulation of a vague offence that allowed different interpretations. Yet, the implementation of the law has led to the re-emersion of some of the conflicting situations. In addition, given that the policy regulates a complex and multifaceted issue new conflicts have emerged through its enforcement. The effects triggered by the norm can be indeed perceived positively or negatively by the different actors involved. In particular five principal conflicting situations have surfaced from the interviews. The first issue is the role played by external actors in the law-making process and the constant influence exercised by those actors in the process of updating the policy. The imposition of a US American approach to money laundering control through the role of the FATF has also been highlighted in the second chapter. Specifically, some scholars see the development of a global prohibition regime fostered by the US in the diffusion of anti-money laundering law. According to this literature, the powerful state creates an international regime focussed on achieving its own goals through global acceptance triggered by the securitisation rhetoric and compliance processes imposed through the menace of exclusion by international business relations. The second conflict that emanates from the words of the respondents is the one of the demand for criminal law to face financial misbehaviours and the necessity of limiting the tendency of expanding criminal law on the background of a situation of financial instability. Given the previous deregulation of the market, policy makers need to control and sanction economic abuse in order to protect fair competition and law-abiding individuals. On the other hand, the state needs to respect fundamental principles, such as the rule of law and the principle of ultima ratio that imposes a restriction of the use of criminal law in situations in which no other measures are suitable. This conflict has already been raised along the formulation of the money laundering offence with regards to the question of the interests protected by the law. Despite the legislator tying to limit the scope of the offence by attributing to Article 261 Gcc the protection of the administration of justice and of the interests protected by the predicate offences, this explanation was not considered suitable to the peculiarity of the offence. Indeed, shortly after the enactment, legal scholarship and the judiciary entered in a vivid debate in order to identify more suitable interests protected by the law, among them the financial and economic system under different perspectives. However, as chapter three shows, no solution could be found. In fact, the question concerning the suitability of criminal law to tackle illicit financial flows is perceived in the current research as still unsolved. The matter does not only concern money laundering control. On the contrary, it is a fairly widespread issue that has recently emerged due to the tendency of hardening economic crimes on the background of a situation of financial instability. The third conflict can be summarised as the following: on the one hand the policy being required to interfere with the personal sphere of suspected money launderers; on the other hand private institutions being interested in protecting their relations with loyal and trusted customers. Therefore, they are reluctant to give law enforcement the possibility to interfere too much in their business. The interest manifested by the private sector involved in the prevention of money laundering seems thus to collide with the legislative intent of preventing the infiltration of dirty money by way of preventing gate-keepers to help money launderers. The clash emerges at a micro-economic level and is triggered by the fact that the anti-money laundering policy demands an active participation by private sector in the detection of suspects. Private actors, are not appropriate to bear the burden of detecting offenders, moreover they need to protect the relationships with customers by avoiding unnecessary interferences. At the same time, the privatisation of crime control is questionable also from a governance point of view. It seems therefore that the public interest in persecuting crimes through having access to personal information from the private sector only marginally collides with the interest of protecting the right to privacy. Businesses and professions are predominantly interested in not interfering with their clients and in not bearing the burden of detecting offenders. The issue was also addressed during the national Parliamentarian debate, with regards to the degree of mens rea required for money laundering criminal liability. Making everybody taking part in economic or financial activities actively participating in the monitoring of the economic system under the threat of criminal liability for negligent money laundering was considered harmful for the business market. The same debate has been picked up by legal scholarship too. Yet, it seems that, despite the law being the result of negotiations, the question is still open. The fourth issue consists of discording opinions with regards to the opportunity of including tax evasion as predicate offence for money laundering. On one hand there is the interest of tackling tax evasion through the anti-money laundering regime, on the hand the concern of keeping the two phenomena distinct in order to avoid an overrating of money laundering. Since the genesis of the anti-money laundering policy, some actors taking part in the international law-making process, opposed the labelling of 'black money', naming money deriving from tax violations, as 'dirty money', indicating all proceeds of crime typically committed by organised crime. This distinction was based on the perception that tax-related offences were less serious and less harmful than capital flight and were advocated by financial centres in order to maintain a good reputation while still granting peculiar financial services, such as bank secrecy. This issue is a good example of the labelling theory, to the extent that it shows how a practice that was firstly not considered criminal enough to amount to a predicate offence for money laundering, has become part of the scope of the anti-money laundering regime on the basis of a political decision of labelling it as such. Respondents of the current research show to have different perceptions of the degree of the seriousness of tax laws violations and thus about the appropriateness and necessity of tackling them under the umbrella of the anti-money laundering policy. Again, the matter, which seemed to have been resolved through the negotiations on an international and European level, is still being debated at national level. The last two contrasting interests are the necessity of regulating the flows of money and the free movements of capitals in a neoliberal economy. The question is intrinsic in the nature of money laundering, which is a phenomenon that happens at the interface between legality and illegality. Regulations that facilitate the licit exchange of goods, capitals and services do also facilitate the flow of ill-gotten gains; there are thus conflicting interests between the public interest of persecuting crime and the claims for less regulation in a free market economy. From the interviews surfaced that not only opinions on the effectiveness of the law differ, but the very concept of effectiveness is perceived differently among the interview partners. Perceptions about how effective the anti- money laundering policy is appear to be similar among respondents belonging to the same experts' group. In particular, given the fact that the policy triggers many preliminary investigations, investigators work on a daily basis with the provision. This led to their opinion on the implementation of the legislation being rather positive. Positive opinions have common ground: they assert that the policy is not a simple one to implement, however, they believe that the legal practice has found its way through. On the contrary, defence attorneys specialised in economic crimes do not receive a significant amount of clients suspected for money laundering. For this reason they tend to have a rather negative opinion on the policy's effectiveness, also driven by the perception that the policy is not able to achieve the indirect goals. The diverse concepts of effectiveness provided by disciplines close to the sociology of law and the different definitions of effectiveness given by sociologists of law turn out to be useful here. Particularly the notions of 'efficiency' and of 'efficiency regardless of the goals' are proved very useful to interpret the respondents' opinions. Efficiency, is according to the administrative legal approach, the optimal relation between the goals achieved and the instruments used. A subcategory of this concept is the efficiency calculated through a cost-benefit analysis, of which some examples have been presented in the fourth chapter, which defines efficiency as the functioning of a legal order without assessing the goals achieved. This type of analysis focuses on the correctness of the operating system since the purpose of the system is its own existence. It refers to a whole legal order rather than to a specific single provision. Given that the anti-money laundering policy constitutes a legal order, due to the diverse regulations involved and the competent authorities created in order to achieve the goals of the policy, this notion can be applied. In the field of administrative legal theories, the first chapter has focussed on the approach that considers the (in)effectiveness of a law depending on its (failing) enforcement. A high degree of compliance of the anti-money laundering legislation might correspond to a high level of effectiveness of the policy with respect to its direct function, but at the same time to a rather low level of effectiveness with regards to its indirect purposes. The way to evaluate the degree of effectiveness is therefore also different. While compliance with legal provisions is calculated through a quantitative assessment of the processes in force and of the functioning of the system, the achievement of the indirect functions is measured on the impact of the policy. Interview partners have different perceptions about the indirect functions of the legislation too. This reflects, once again, the fact that the policy was a result of a compromise between different expectations and that the legislator was not able to limit the scope of its application to a particular goal. The different expectations and intents, which already emerged in the doctrinal debate about the legally protected interests, appears again in the different perceptions of the interviewees. The respondents were asked about the legislation's effectiveness with regards to one of the indirect functions, namely the capacity to deter organised crime. The legislator enacted the money laundering offence in the context of the fight against drug trafficking and other forms of organised crime, thus Article 261 Gcc's expressed rationale is the prevention and repression of organised crime. Finally, a relevant outcome regards the respondents' opinions on article 261 Gcc's latent symbolic function. Some of them agree with this. Others strongly oppose the hypothesis. They argue instead that the policy has instrumental effects on their daily practice, which cannot be defined as purely symbolic. According to most respondents, the law cannot be defined as symbolic, because it has led to instrumental effects. In the first place information gathered thanks to the GwG is used to start preliminary investigations under Article 261 Gcc. Secondly, the structure enacted to comply with the anti-money laundering policy is attainable and is visible and cannot be denied. Thirdly, the law is considered necessary because it labels a deviant behaviour. In particular, despite the fact that investigations do not lead to a conviction for money laundering they allow investigators to collect information in support of criminal cases for the predicate offences or to start a preliminary investigation for a predicate offence. In this sense, the function of the 'law in action', despite being questionable, is objectively instrumental. However, the fact that the law serves the purpose of tackling predicate offences through the support of investigations does not exclude the hypothesis that the law was enacted to pursue latent functions too. According to the sociologist Aubert, it is not necessary that the latent goal is the only one that plays a role, but it is necessary that the other purposes would not explain the analysed phenomenon completely. Indeed, in the opinions of those who exclude the symbolic function, yet the results achieved through compliance do not legitimate the burden imposed by the legislation. In other words, it seems that they recognise that the purpose of compliance cannot completely explain the policy makers' motivation, which re-opens the doors for the hypothesis of the existence of latent functions. In fact, such a demanding policy cannot be accepted for the sole purpose of re-enforcing the action of the criminal justice system in tackling predicate offences. On the other hand, compliance with the policy in terms of building of a structure and of expertise does not automatically mean fulfilling the policy's purpose. Particularly the creation of new professionalism, has been interpreted by scholars as a sign given to the public that the policy has produced certain effects. In conclusion, on the background of the research's outcome, the paper tries to reply to the question: (How) can the effectiveness of the money laundering offence be improved? While technical hindrances can (and perhaps) will be removed through legal reforms, 28 the inherent political economic and financial conflicting interests that impede a higher level of effectiveness are more difficult to solve. In contemporary industrialised economies there is a complicated and sometimes shifting boundary between legitimate and illegitimate transactions. This is particularly exacerbated in the context of financial capitalism, which 'subordinates the capitalist productive process to the circulation of money and monetary assets and hence to the accumulation of money profits'. Since the very beginning, determining the boundary between an area defined as 'criminal' and the space of 'legality' has been controversial. In fact, money has a neutral nature, pecunia non olet, making profit, irrespective of the monies' origin, is a very strong interest for both private and public entities, which collides with the one of eliminating illicit financial flows. In other words criminal policy goals diverge from purely economic interests. While one can assume the justice and correctness of the current financial system, and thus describes money laundering as harmful because it interferes with the existing economic order, one can also assume that the capitalist system leads per se to injustice and inequality, and that money laundering is actually embedded in this profit-oriented system and represents just the darker side of the capitalist economy. A compromised viewpoint is the one that describes money laundering as an accepted collateral effect of the capitalist system, that is to say 'a certain amount of illicit financial flows may be considered an acceptable price to pay for a market where free mobility of capital is guaranteed'. In other words, money laundering is intrinsic in or at least exacerbated by the capitalist system.
Publisher's version (útgefin grein). ; Quantifying the genetic correlation between cancers can provide important insights into the mechanisms driving cancer etiology. Using genome-wide association study summary statistics across six cancer types based on a total of 296,215 cases and 301,319 controls of European ancestry, here we estimate the pair-wise genetic correlations between breast, colorectal, head/neck, lung, ovary and prostate cancer, and between cancers and 38 other diseases. We observed statistically significant genetic correlations between lung and head/neck cancer (rg = 0.57, p = 4.6 × 10−8), breast and ovarian cancer (rg = 0.24, p = 7 × 10−5), breast and lung cancer (rg = 0.18, p =1.5 × 10−6) and breast and colorectal cancer (rg = 0.15, p = 1.1 × 10−4). We also found that multiple cancers are genetically correlated with non-cancer traits including smoking, psychiatric diseases and metabolic characteristics. Functional enrichment analysis revealed a significant excess contribution of conserved and regulatory regions to cancer heritability. Our comprehensive analysis of cross-cancer heritability suggests that solid tumors arising across tissues share in part a common germline genetic basis. ; The authors in this manuscript were working on behalf of BCAC, CCFR, CIMBA, CORECT, GECCO, OCAC, PRACTICAL, CRUK, BPC3, CAPS, PEGASUS, TRICL-ILCCO, ABCTB, APCB, BCFR, CONSIT TEAM, EMBRACE, GC-HBOC, GEMO, HEBON, kConFab/AOCS Mod SQuaD, and SWE-BRCA. The breast cancer genome-wide association analyses: BCAC is funded by Cancer Research UK [C1287/A16563, C1287/A10118], the European Union's Horizon 2020 Research and Innovation Programme (grant numbers 634935 and 633784 for BRIDGES and B-CAST, respectively), and by the European Community's Seventh Framework Programme under grant agreement number 223175 (grant number HEALTH-F2-2009-223175) (COGS). The EU Horizon 2020 Research and Innovation Programme funding source had no role in study design, data collection, data analysis, data interpretation, or writing of the report. Genotyping of the OncoArray was funded by the NIH Grant U19 CA148065, and Cancer UK Grant C1287/A16563 and the PERSPECTIVE project supported by the Government of Canada through Genome Canada and the Canadian Institutes of Health Research (grant GPH-129344) and, the Ministère de l'Économie, Science et Innovation du Québec through Genome Québec and the PSR-SIIRI-701 grant, and the Quebec Breast Cancer Foundation. Funding for the iCOGS infrastructure came from: the European Community's Seventh Framework Programme under grant agreement n° 223175 (HEALTH-F2-2009-223175) (COGS), Cancer Research UK (C1287/A10118, C1287/A10710, C12292/A11174, C1281/A12014, C5047/A8384, C5047/A15007, C5047/A10692, C8197/A16565), the National Institutes of Health (CA128978), and Post-Cancer GWAS initiative (1U19 CA148537, 1U19 CA148065, and 1U19 CA148112—the GAME-ON initiative), the Department of Defence (W81XWH-10-1-0341), the Canadian Institutes of Health Research (CIHR) for the CIHR Team in Familial Risks of Breast Cancer, and Komen Foundation for the Cure, the Breast Cancer Research Foundation, and the Ovarian Cancer Research Fund. The DRIVE Consortium was funded by U19 CA148065. The Australian Breast Cancer Family Study (ABCFS) was supported by grant UM1 CA164920 from the National Cancer Institute (USA). The content of this manuscript does not necessarily reflect the views or policies of the National Cancer Institute or any of the collaborating centers in the Breast Cancer Family Registry (BCFR), nor does mention of trade names, commercial products, or organizations imply endorsement by the USA Government or the BCFR. The ABCFS was also supported by the National Health and Medical Research Council of Australia, the New South Wales Cancer Council, the Victorian Health Promotion Foundation (Australia), and the Victorian Breast Cancer Research Consortium. J.L.H. is a National Health and Medical Research Council (NHMRC) Senior Principal Research Fellow. M.C.S. is a NHMRC Senior Research Fellow. The ABCS study was supported by the Dutch Cancer Society [grants NKI 2007-3839; 2009 4363]. The Australian Breast Cancer Tissue Bank (ABCTB) is generously supported by the National Health and Medical Research Council of Australia, The Cancer Institute NSW and the National Breast Cancer Foundation. The ACP study is funded by the Breast Cancer Research Trust, UK. The AHS study is supported by the intramural research program of the National Institutes of Health, the National Cancer Institute (grant number Z01-CP010119), and the National Institute of Environmental Health Sciences (grant number Z01-ES049030). The work of the BBCC was partly funded by ELAN-Fond of the University Hospital of Erlangen. The BBCS is funded by Cancer Research UK and Breast Cancer Now and acknowledges NHS funding to the NIHR Biomedical Research Centre, and the National Cancer Research Network (NCRN). The BCEES was funded by the National Health and Medical Research Council, Australia and the Cancer Council Western Australia and acknowledges funding from the National Breast Cancer Foundation (JS). For the BCFR-NY, BCFR-PA, and BCFR-UT this work was supported by grant UM1 CA164920 from the National Cancer Institute. The content of this manuscript does not necessarily reflect the views or policies of the National Cancer Institute or any of the collaborating centers in the Breast Cancer Family Registry (BCFR), nor does mention of trade names, commercial products, or organizations imply endorsement by the US Government or the BCFR. For BIGGS, ES is supported by NIHR Comprehensive Biomedical Research Centre, Guy's & St. Thomas' NHS Foundation Trust in partnership with King's College London, United Kingdom. IT is supported by the Oxford Biomedical Research Centre. BOCS is supported by funds from Cancer Research UK (C8620/A8372/A15106) and the Institute of Cancer Research (UK). BOCS acknowledges NHS funding to the Royal Marsden/Institute of Cancer Research NIHR Specialist Cancer Biomedical Research Centre. The BREast Oncology GAlician Network (BREOGAN) is funded by Acción Estratégica de Salud del Instituto de Salud Carlos III FIS PI12/02125/Cofinanciado FEDER; Acción Estratégica de Salud del Instituto de Salud Carlos III FIS Intrasalud (PI13/01136); Programa Grupos Emergentes, Cancer Genetics Unit, Instituto de Investigacion Biomedica Galicia Sur. Xerencia de Xestion Integrada de Vigo-SERGAS, Instituto de Salud Carlos III, Spain; Grant 10CSA012E, Consellería de Industria Programa Sectorial de Investigación Aplicada, PEME I + D e I + D Suma del Plan Gallego de Investigación, Desarrollo e Innovación Tecnológica de la Consellería de Industria de la Xunta de Galicia, Spain; Grant EC11-192. Fomento de la Investigación Clínica Independiente, Ministerio de Sanidad, Servicios Sociales e Igualdad, Spain; and Grant FEDER-Innterconecta. Ministerio de Economia y Competitividad, Xunta de Galicia, Spain. The BSUCH study was supported by the Dietmar-Hopp Foundation, the Helmholtz Society and the German Cancer Research Center (DKFZ). The CAMA study was funded by Consejo Nacional de Ciencia y Tecnología (CONACyT) (SALUD-2002-C01-7462). Sample collection and processing was funded in part by grants from the National Cancer Institute (NCI R01CA120120 and K24CA169004). CBCS is funded by the Canadian Cancer Society (grant # 313404) and the Canadian Institutes of Health Research. CCGP is supported by funding from the University of Crete. The CECILE study was supported by Fondation de France, Institut National du Cancer (INCa), Ligue Nationale contre le Cancer, Agence Nationale de Sécurité Sanitaire, de l'Alimentation, de l'Environnement et du Travail (ANSES), Agence Nationale de la Recherche (ANR). The CGPS was supported by the Chief Physician Johan Boserup and Lise Boserup Fund, the Danish Medical Research Council, and Herlev and Gentofte Hospital. The CNIO-BCS was supported by the Instituto de Salud Carlos III, the Red Temática de Investigación Cooperativa en Cáncer and grants from the Asociación Española Contra el Cáncer and the Fondo de Investigación Sanitario (PI11/00923 and PI12/00070). COLBCCC is supported by the German Cancer Research Center (DKFZ), Heidelberg, Germany. D.T. was in part supported by a postdoctoral fellowship from the Alexander von Humboldt Foundation. The American Cancer Society funds the creation, maintenance, and updating of the CPS-II cohort. The CTS was initially supported by the California Breast Cancer Act of 1993 and the California Breast Cancer Research Fund (contract 97-10500) and is currently funded through the National Institutes of Health (R01 CA77398, UM1 CA164917, and U01 CA199277). Collection of cancer incidence data was supported by the California Department of Public Health as part of the statewide cancer reporting program mandated by California Health and Safety Code Section 103885. H.A.C eceives support from the Lon V Smith Foundation (LVS39420). The University of Westminster curates the DietCompLyf database funded by Against Breast Cancer Registered Charity No. 1121258 and the NCRN. The coordination of EPIC is financially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The national cohorts are supported by: Ligue Contre le Cancer, Institut Gustave Roussy, Mutuelle Générale de l'Education Nationale, Institut National de la Santé et de la Recherche Médicale (INSERM) (France); German Cancer Aid, German Cancer Research Center (DKFZ), Federal Ministry of Education and Research (BMBF) (Germany); the Hellenic Health Foundation, the Stavros Niarchos Foundation (Greece); Associazione Italiana per la Ricerca sul Cancro-AIRC-Italy and National Research Council (Italy); Dutch Ministry of Public Health, Welfare and Sports (VWS), Netherlands Cancer Registry (NKR), LK Research Funds, Dutch Prevention Funds, Dutch ZON (Zorg Onderzoek Nederland), World Cancer Research Fund (WCRF), Statistics Netherlands (The Netherlands); Health Research Fund (FIS), PI13/00061 to Granada, PI13/01162 to EPIC-Murcia, Regional Governments of Andalucía, Asturias, Basque Country, Murcia and Navarra, ISCIII RETIC (RD06/0020) (Spain); Cancer Research UK (14136 to EPIC-Norfolk; C570/A16491 and C8221/A19170 to EPIC-Oxford), Medical Research Council (1000143 to EPIC-Norfolk, MR/M012190/1 to EPIC-Oxford) (United Kingdom). The ESTHER study was supported by a grant from the Baden Württemberg Ministry of Science, Research and Arts. Additional cases were recruited in the context of the VERDI study, which was supported by a grant from the German Cancer Aid (Deutsche Krebshilfe). FHRISK is funded from NIHR grant PGfAR 0707-10031. The GC-HBOC (German Consortium of Hereditary Breast and Ovarian Cancer) is supported by the German Cancer Aid (grant no 110837, coordinator: Rita K. Schmutzler, Cologne). This work was also funded by the European Regional Development Fund and Free State of Saxony, Germany (LIFE - Leipzig Research Centre for Civilization Diseases, project numbers 713-241202, 713-241202, 14505/2470, and 14575/2470). The GENICA was funded by the Federal Ministry of Education and Research (BMBF) Germany grants 01KW9975/5, 01KW9976/8, 01KW9977/0, and 01KW0114, the Robert Bosch Foundation, Stuttgart, Deutsches Krebsforschungszentrum (DKFZ), Heidelberg, the Institute for Prevention and Occupational Medicine of the German Social Accident Insurance, Institute of the Ruhr University Bochum (IPA), Bochum, as well as the Department of Internal Medicine, Evangelische Kliniken Bonn gGmbH, Johanniter Krankenhaus, Bonn, Germany. The GEPARSIXTO study was conducted by the German Breast Group GmbH. The GESBC was supported by the Deutsche Krebshilfe e. V. [70492] and the German Cancer Research Center (DKFZ). GLACIER was supported by Breast Cancer Now, CRUK and Biomedical Research Centre at Guy's and St Thomas' NHS Foundation Trust and King's College London. The HABCS study was supported by the Claudia von Schilling Foundation for Breast Cancer Research, by the Lower Saxonian Cancer Society, and by the Rudolf-Bartling Foundation. The HEBCS was financially supported by the Helsinki University Central Hospital Research Fund, Academy of Finland (266528), the Finnish Cancer Society, and the Sigrid Juselius Foundation. The HERPACC was supported by MEXT Kakenhi (No. 170150181 and 26253041) from the Ministry of Education, Science, Sports, Culture and Technology of Japan, by a Grant-in-Aid for the Third Term Comprehensive 10-Year Strategy for Cancer Control from Ministry Health, Labour and Welfare of Japan, by Health and Labour Sciences Research Grants for Research on Applying Health Technology from Ministry Health, Labour and Welfare of Japan, by National Cancer Center Research and Development Fund, and "Practical Research for Innovative Cancer Control (15ck0106177h0001)" from Japan Agency for Medical Research and development, AMED, and Cancer Bio Bank Aichi. The HMBCS was supported by a grant from the Friends of Hannover Medical School and by the Rudolf Bartling Foundation. The HUBCS was supported by a grant from the German Federal Ministry of Research and Education (RUS08/017), and by the Russian Foundation for Basic Research and the Federal Agency for Scientific Organizations for support the Bioresource collections and RFBR grants 14-04-97088, 17-29-06014, and 17-44-020498. ICICLE was supported by Breast Cancer Now, CRUK, and Biomedical Research Centre at Guy's and St Thomas' NHS Foundation Trust and King's College London. Financial support for KARBAC was provided through the regional agreement on medical training and clinical research (A.L.F.) between Stockholm County Council and Karolinska Institutet, the Swedish Cancer Society, The Gustav V Jubilee foundation and Bert von Kantzows foundation. The KARMA study was supported by Märit and Hans Rausings Initiative Against Breast Cancer. The KBCP was financially supported by the special Government Funding (E.V.O.) of Kuopio University Hospital grants, Cancer Fund of North Savo, the Finnish Cancer Organizations, and by the strategic funding of the University of Eastern Finland. kConFab is supported by a grant from the National Breast Cancer Foundation, and previously by the National Health and Medical Research Council (NHMRC), the Queensland Cancer Fund, the Cancer Councils of New South Wales, Victoria, Tasmania and South Australia, and the Cancer Foundation of Western Australia. Financial support for the AOCS was provided by the United States Army Medical Research and Materiel Command [DAMD17-01-1-0729], Cancer Council Victoria, Queensland Cancer Fund, Cancer Council New South Wales, Cancer Council South Australia, The Cancer Foundation of Western Australia, Cancer Council Tasmania and the National Health and Medical Research Council of Australia (NHMRC; 400413, 400281, 199600). G.C.-T. and P.W. are supported by the NHMRC. RB was a Cancer Institute NSW Clinical Research Fellow. The KOHBRA study was partially supported by a grant from the Korea Health Technology R&D Project through the Korea Health Industry Development Institute (KHIDI), and the National R&D Program for Cancer Control, Ministry of Health & Welfare, Republic of Korea (HI16C1127; 1020350; 1420190). LAABC is supported by grants (1RB-0287, 3PB-0102, 5PB-0018, 10PB-0098) from the California Breast Cancer Research Program. Incident breast cancer cases were collected by the USC Cancer Surveillance Program (CSP) which is supported under subcontract by the California Department of Health. The CSP is also part of the National Cancer Institute's Division of Cancer Prevention and Control Surveillance, Epidemiology, and End Results Program, under contract number N01CN25403. L.M.B.C. is supported by the 'Stichting tegen Kanker'. D.L. is supported by the FWO. The MABCS study is funded by the Research Centre for Genetic Engineering and Biotechnology "Georgi D. Efremov" and supported by the German Academic Exchange Program, DAAD. The MARIE study was supported by the Deutsche Krebshilfe e.V. [70-2892-BR I, 106332, 108253, 108419, 110826, 110828], the Hamburg Cancer Society, the German Cancer Research Center (DKFZ) and the Federal Ministry of Education and Research (BMBF) Germany [01KH0402]. MBCSG is supported by grants from the Italian Association for Cancer Research (AIRC) and by funds from the Italian citizens who allocated the 5/1000 share of their tax payment in support of the Fondazione IRCCS Istituto Nazionale Tumori, according to Italian laws (INT-Institutional strategic projects "5 × 1000"). The MCBCS was supported by the NIH grants CA192393, CA116167, CA176785 an NIH Specialized Program of Research Excellence (SPORE) in Breast Cancer [CA116201], and the Breast Cancer Research Foundation and a generous gift from the David F. and Margaret T. Grohne Family Foundation. MCCS cohort recruitment was funded by VicHealth and Cancer Council Victoria. The MCCS was further supported by Australian NHMRC grants 209057 and 396414, and by infrastructure provided by Cancer Council Victoria. Cases and their vital status were ascertained through the Victorian Cancer Registry (VCR) and the Australian Institute of Health and Welfare (AIHW), including the National Death Index and the Australian Cancer Database. The MEC was support by NIH grants CA63464, CA54281, CA098758, CA132839, and CA164973. The MISS study is supported by funding from ERC-2011-294576 Advanced grant, Swedish Cancer Society, Swedish Research Council, Local hospital funds, Berta Kamprad Foundation, Gunnar Nilsson. The MMHS study was supported by NIH grants CA97396, CA128931, CA116201, CA140286, and CA177150. MSKCC is supported by grants from the Breast Cancer Research Foundation and Robert and Kate Niehaus Clinical Cancer Genetics Initiative. The work of MTLGEBCS was supported by the Quebec Breast Cancer Foundation, the Canadian Institutes of Health Research for the "CIHR Team in Familial Risks of Breast Cancer" program – grant # CRN-87521 and the Ministry of Economic Development, Innovation and Export Trade – grant # PSR-SIIRI-701. MYBRCA is funded by research grants from the Malaysian Ministry of Higher Education (UM.C/HlR/MOHE/06) and Cancer Research Malaysia. MYMAMMO is supported by research grants from Yayasan Sime Darby LPGA Tournament and Malaysian Ministry of Higher Education (RP046B-15HTM). The NBCS has been supported by the Research Council of Norway grant 193387/V50 (to A.-L. Børresen-Dale and V.N. Kristensen) and grant 193387/H10 (to A.-L. Børresen-Dale and V.N. Kristensen), South Eastern Norway Health Authority (grant 39346 to A.-L. Børresen-Dale and 27208 to V.N. Kristensen) and the Norwegian Cancer Society (to A.-L. Børresen-Dale and 419616 - 71248 - PR-2006-0282 to V.N. Kristensen). It has received funding from the K.G. Jebsen Centre for Breast Cancer Research (2012-2015). The NBHS was supported by NIH grant R01CA100374. Biological sample preparation was conducted the Survey and Biospecimen Shared Resource, which is supported by P30 CA68485. The Northern California Breast Cancer Family Registry (NC-BCFR) and Ontario Familial Breast Cancer Registry (OFBCR) were supported by grant UM1 CA164920 from the National Cancer Institute (USA). The content of this manuscript does not necessarily reflect the views or policies of the National Cancer Institute or any of the collaborating centers in the Breast Cancer Family Registry (BCFR), nor does mention of trade names, commercial products, or organizations imply endorsement by the USA Government or the BCFR. The Carolina Breast Cancer Study was funded by Komen Foundation, the National Cancer Institute (P50 CA058223, U54 CA156733, and U01 CA179715), and the North Carolina University Cancer Research Fund. The NGOBCS was supported by Grants-in-Aid for the Third Term Comprehensive Ten-Year Strategy for Cancer Control from the Ministry of Health, Labor and Welfare of Japan, and for Scientific Research on Priority Areas, 17015049 and for Scientific Research on Innovative Areas, 221S0001, from the Ministry of Education, Culture, Sports, Science, and Technology of Japan. The NHS was supported by NIH grants P01 CA87969, UM1 CA186107, and U19 CA148065. The NHS2 was supported by NIH grants UM1 CA176726 and U19 CA148065. The OBCS was supported by research grants from the Finnish Cancer Foundation, the Academy of Finland (grant number 250083, 122715 and Center of Excellence grant number 251314), the Finnish Cancer Foundation, the Sigrid Juselius Foundation, the University of Oulu, the University of Oulu Support Foundation, and the special Governmental EVO funds for Oulu University Hospital-based research activities. The ORIGO study was supported by the Dutch Cancer Society (RUL 1997-1505) and the Biobanking and Biomolecular Resources Research Infrastructure (BBMRI-NL CP16). The PBCS was funded by Intramural Research Funds of the National Cancer Institute, Department of Health and Human Services, USA. Genotyping for PLCO was supported by the Intramural Research Program of the National Institutes of Health, NCI, Division of Cancer Epidemiology and Genetics. The PLCO is supported by the Intramural Research Program of the Division of Cancer Epidemiology and Genetics and supported by contracts from the Division of Cancer Prevention, National Cancer Institute, National Institutes of Health. The POSH study is funded by Cancer Research UK (grants C1275/A11699, C1275/C22524, C1275/A19187, C1275/A15956, and Breast Cancer Campaign 2010PR62, 2013PR044. PROCAS is funded from NIHR grant PGfAR 0707-10031. The RBCS was funded by the Dutch Cancer Society (DDHK 2004-3124, DDHK 2009-4318). The SASBAC study was supported by funding from the Agency for Science, Technology and Research of Singapore (A*STAR), the US National Institute of Health (NIH) and the Susan G. Komen Breast Cancer Foundation. The SBCGS was supported primarily by NIH grants R01CA64277, R01CA148667, UMCA182910, and R37CA70867. Biological sample preparation was conducted the Survey and Biospecimen Shared Resource, which is supported by P30 CA68485. The scientific development and funding of this project were, in part, supported by the Genetic Associations and Mechanisms in Oncology (GAME-ON) Network U19 CA148065. The SBCS was supported by Sheffield Experimental Cancer Medicine Centre and Breast Cancer Now Tissue Bank. The SCCS is supported by a grant from the National Institutes of Health (R01 CA092447). Data on SCCS cancer cases used in this publication were provided by the Alabama Statewide Cancer Registry; Kentucky Cancer Registry, Lexington, KY; Tennessee Department of Health, Office of Cancer Surveillance; Florida Cancer Data System; North Carolina Central Cancer Registry, North Carolina Division of Public Health; Georgia Comprehensive Cancer Registry; Louisiana Tumor Registry; Mississippi Cancer Registry; South Carolina Central Cancer Registry; Virginia Department of Health, Virginia Cancer Registry; Arkansas Department of Health, Cancer Registry, 4815 W. Markham, Little Rock, AR 72205. The Arkansas Central Cancer Registry is fully funded by a grant from National Program of Cancer Registries, Centers for Disease Control and Prevention (CDC). Data on SCCS cancer cases from Mississippi were collected by the Mississippi Cancer Registry which participates in the National Program of Cancer Registries (NPCR) of the Centers for Disease Control and Prevention (CDC). The contents of this publication are solely the responsibility of the authors and do not necessarily represent the official views of the CDC or the Mississippi Cancer Registry. SEARCH is funded by Cancer Research UK [C490/A10124, C490/A16561] and supported by the UK National Institute for Health Research Biomedical Research Centre at the University of Cambridge. The University of Cambridge has received salary support for PDPP from the NHS in the East of England through the Clinical Academic Reserve. SEBCS was supported by the BRL (Basic Research Laboratory) program through the National Research Foundation of Korea funded by the Ministry of Education, Science and Technology (2012-0000347). SGBCC is funded by the NUS start-up Grant, National University Cancer Institute Singapore (NCIS) Centre Grant and the NMRC Clinician Scientist Award. Additional controls were recruited by the Singapore Consortium of Cohort Studies-Multi-ethnic cohort (SCCS-MEC), which was funded by the Biomedical Research Council, grant number: 05/1/21/19/425. The Sister Study (SISTER) is supported by the Intramural Research Program of the NIH, National Institute of Environmental Health Sciences (Z01-ES044005 and Z01-ES049033). The Two Sister Study (2SISTER) was supported by the Intramural Research Program of the NIH, National Institute of Environmental Health Sciences (Z01-ES044005 and Z01-ES102245), and, also by a grant from Susan G. Komen for the Cure, grant FAS0703856. SKKDKFZS is supported by the DKFZ. The SMC is funded by the Swedish Cancer Foundation. The SZBCS was supported by Grant PBZ_KBN_122/P05/2004. The TBCS was funded by The National Cancer Institute, Thailand. The TNBCC was supported by a Specialized Program of Research Excellence (SPORE) in Breast Cancer (CA116201), a grant from the Breast Cancer Research Foundation, a generous gift from the David F. and Margaret T. Grohne Family Foundation. The TWBCS is supported by the Taiwan Biobank project of the Institute of Biomedical Sciences, Academia Sinica, Taiwan. The UCIBCS component of this research was supported by the NIH [CA58860, CA92044] and the Lon V Smith Foundation [LVS39420]. The UKBGS is funded by Breast Cancer Now and the Institute of Cancer Research (ICR), London. ICR acknowledges NHS funding to the NIHR Biomedical Research Centre. The UKOPS study was funded by The Eve Appeal (The Oak Foundation) and supported by the National Institute for Health Research University College London Hospitals Biomedical Research Centre. The US3SS study was supported by Massachusetts (K.M.E., R01CA47305), Wisconsin (P.A.N., R01 CA47147) and New Hampshire (L.T.-E., R01CA69664) centers, and Intramural Research Funds of the National Cancer Institute, Department of Health and Human Services, USA. The USRT Study was funded by Intramural Research Funds of the National Cancer Institute, Department of Health and Human Services, USA. The WAABCS study was supported by grants from the National Cancer Institute of the National Institutes of Health (R01 CA89085 and P50 CA125183 and the D43 TW009112 grant), Susan G. Komen (SAC110026), the Dr. Ralph and Marian Falk Medical Research Trust, and the Avon Foundation for Women. The WHI program is funded by the National Heart, Lung, and Blood Institute, the US National Institutes of Health and the US Department of Health and Human Services (HHSN268201100046C, HHSN268201100001C, HHSN268201100002C, HHSN268201100003C, HHSN268201100004C, and HHSN271201100004C). This work was also funded by NCI U19 CA148065-01. D.G.E. is supported by the all Manchester NIHR Biomedical research center Manchester (IS-BRC-1215-20007). HUNBOCS, Hungarian Breast and Ovarian Cancer Study was supported by Hungarian Research Grant KTIA-OTKA CK-80745, NKFI_OTKA K-112228. C.I. received support from the Nontherapeutic Subject Registry Shared Resource at Georgetown University (NIH/NCI P30-CA-51008) and the Jess and Mildred Fisher Center for Hereditary Cancer and Clinical Genomics Research. K.M. is supported by CRUK C18281/A19169. City of Hope Clinical Cancer Community Research Network and the Hereditary Cancer Research Registry, supported in part by Award Number RC4CA153828 (PI: J Weitzel) from the National Cancer Institute and the office of the Directory, National Institutes of Health. The content is solely the responsibility of the authors and does not necessarily represent the official views of the National Institutes of Health. The colorectal cancer genome-wide association analyses: Colorectal Transdisciplinary Study (CORECT): The content of this manuscript does not necessarily reflect the views or policies of the National Cancer Institute or any of the collaborating centers in the CORECT Consortium, nor does mention of trade names, commercial products or organizations imply endorsement by the US Government or the CORECT Consortium. We are incredibly grateful for the contributions of Dr. Brian Henderson and Dr. Roger Green over the course of this study and acknowledge them in memoriam. We are also grateful for support from Daniel and Maryann Fong. ColoCare: we thank the many investigators and staff who made this research possible in ColoCare Seattle and ColoCare Heidelberg. ColoCare was initiated and developed at the Fred Hutchinson Cancer Research Center by Drs. Ulrich and Grady. CCFR: the Colon CFR graciously thanks the generous contributions of their study participants, dedication of study staff, and financial support from the U.S. National Cancer Institute, without which this important registry would not exist. Galeon: GALEON wishes to thank the Department of Surgery of University Hospital of Santiago (CHUS), Sara Miranda Ponte, Carmen M Redondo, and the staff of the Department of Pathology and Biobank of CHUS, Instituto de Investigación Sanitaria de Santiago (IDIS), Instituto de Investigación Sanitaria Galicia Sur (IISGS), SERGAS, Vigo, Spain, and Programa Grupos Emergentes, Cancer Genetics Unit, CHUVI Vigo Hospital, Instituto de Salud Carlos III, Spain. MCCS: this study was made possible by the contribution of many people, including the original investigators and the diligent team who recruited participants and continue to work on follow-up. We would also like to express our gratitude to the many thousands of Melbourne residents who took part in the study and provided blood samples. SEARCH: We acknowledge the contributions of Mitul Shah, Val Rhenius, Sue Irvine, Craig Luccarini, Patricia Harrington, Don Conroy, Rebecca Mayes, and Caroline Baynes. The Swedish low-risk colorectal cancer study: we thank Berith Wejderot and the Swedish low-risk colorectal cancer study group. Genetics & Epidemiology of Colorectal Cancer Consortium (GECCO): we thank all those at the GECCO Coordinating Center for helping bring together the data and people that made this project possible. ASTERISK: we are very grateful to Dr. Bruno Buecher without whom this project would not have existed. We also thank all those who agreed to participate in this study, including the patients and the healthy control persons, as well as all the physicians, technicians and students. DACHS: we thank all participants and cooperating clinicians, and Ute Handte-Daub, Renate Hettler-Jensen, Utz Benscheid, Muhabbet Celik, and Ursula Eilber for excellent technical assistance. HPFS, NHS and PHS: we acknowledge Patrice Soule and Hardeep Ranu of the Dana-Farber Harvard Cancer Center High-Throughput Polymorphism Core who assisted in the genotyping for NHS, HPFS, and PHS under the supervision of Dr. Immaculata Devivo and Dr. David Hunter, Qin (Carolyn) Guo, and Lixue Zhu who assisted in programming for NHS and HPFS and Haiyan Zhang who assisted in programming for the PHS. We thank the participants and staff of the Nurses' Health Study and the Health Professionals Follow-Up Study, for their valuable contributions as well as the following state cancer registries for their help: A.L., A.Z., A.R., C.A., C.O., C.T., D.E., F.L., G.A., I.D., I.L., I.N., I.A., K.Y., L.A., M.E., M.D., M.A., M.I., N.E., N.H., N.J., N.Y., N.C., N.D., O.H., O.K., O.R., P.A., R.I., S.C., T.N., T.X., V.A., W.A., W.Y. In addition, this study was approved by the Connecticut Department of Public Health (DPH) Human Investigations Committee. Certain data used in this publication were obtained from the DPH. We assume full responsibility for analyses and interpretation of these data. PLCO: we thank Drs. Christine Berg and Philip Prorok, Division of Cancer Prevention, National Cancer Institute, the Screening Center investigators and staff or the Prostate, Lung, Colorectal and Ovarian (PLCO) Cancer Screening Trial, Mr. Tom Riley and staff, Information Management Services Inc., Ms. Barbara O'Brien and staff, Westat Inc. and Drs. Bill Kopp, Wen Shao and staff, SAIC-Frederick. Most importantly, we acknowledge the study participants for their contributions for making this study possible. The statements contained herein are solely those of the authors and do not represent or imply concurrence or endorsement by NCI. PMH: we thank the study participants and staff of the Hormones and Colon Cancer study. WHI: we thank the WHI investigators and staff for their dedication, and the study participants for making the program possible. A full listing of WHI investigators can be found at https://cleo.whi.org/researchers/Documents%20%20Write%20a%20Paper/WHI%20Investigator%20Short20List.pdf. CORECT: The CORECT Study was supported by the National Cancer Institute, National Institutes of Health (NCI/NIH), U.S. Department of Health and Human Services (grant numbers U19 CA148107, R01 CA81488, P30 CA014089, R01 CA197350; P01 CA196569; and R01 CA201407) and National Institutes of Environmental Health Sciences, National Institutes of Health (grant number T32 ES013678). The ATBC Study was supported by the US Public Health Service contracts (N01-CN-45165, N01-RC-45035, N01-RC-37004, and HHSN261201000006C) from the National Cancer Institute. The Cancer Prevention Study-II Nutrition Cohort is funded by the American Cancer Society. ColoCare: This work was supported by the National Institutes of Health (grant numbers R01 CA189184, U01 CA206110, 2P30CA015704-40 (Gilliland)), the Matthias Lackas-Foundation, the German Consortium for Translational Cancer Research, and the EU TRANSCAN initiative. Genetics and Epidemiology of Colorectal Cancer Consortium (GECCO): funding for GECCO was provided by the National Cancer Institute, National Institutes of Health, U.S. Department of Health and Human Services (grant numbers U01 CA137088, R01 CA059045, and U01 CA164930). This research was funded in part through the NIH/NCI Cancer Center Support Grant P30 CA015704. The Colon Cancer Family Registry (CFR) Illumina GWAS was supported by funding from the National Cancer Institute, National Institutes of Health (grant numbers U01 CA122839, R01 CA143247). The Colon CFR/CORECT Affymetrix Axiom GWAS and OncoArray GWAS were supported by funding from National Cancer Institute, National Institutes of Health (grant number U19 CA148107 to S.G.). The Colon CFR participant recruitment and collection of data and biospecimens used in this study were supported by the National Cancer Institute, National Institutes of Health (grant number UM1 CA167551) and through cooperative agreements with the following Colon CFR centers: Australasian Colorectal Cancer Family Registry (NCI/NIH grant numbers U01 CA074778 and U01/U24 CA097735), USC Consortium Colorectal Cancer Family Registry (NCI/NIH grant numbers U01/U24 CA074799), Mayo Clinic Cooperative Family Registry for Colon Cancer Studies (NCI/NIH grant number U01/U24 CA074800), Ontario Familial Colorectal Cancer Registry (NCI/NIH grant number U01/U24 CA074783), Seattle Colorectal Cancer Family Registry (NCI/NIH grant number U01/U24 CA074794), and University of Hawaii Colorectal Cancer Family Registry (NCI/NIH grant number U01/U24 CA074806), Additional support for case ascertainment was provided from the Surveillance, Epidemiology and End Results (SEER) Program of the National Cancer Institute to Fred Hutchinson Cancer Research Center (Control Nos. N01-CN-67009 and N01-PC-35142, and Contract No. HHSN2612013000121), the Hawai'i Department of Health (Control Nos. N01-PC-67001 and N01-PC-35137, and Contract No. HHSN26120100037C, and the California Department of Public Health (contracts HHSN261201000035C awarded to the University of Southern California, and the following state cancer registries: A.Z., C.O., M.N., N.C., N.H., and by the Victoria Cancer Registry and Ontario Cancer Registry. ESTHER/VERDI was supported by grants from the Baden–Württemberg Ministry of Science, Research and Arts and the German Cancer Aid. MCCS cohort recruitment was funded by VicHealth and Cancer Council Victoria. GALEON: FIS Intrasalud (PI13/01136). The MCCS was further supported by Australian NHMRC grants 509348, 209057, 251553, and 504711 and by infrastructure provided by Cancer Council Victoria. Cases and their vital status were ascertained through the Victorian Cancer Registry (VCR) and the Australian Institute of Health and Welfare (AIHW), including the National Death Index and the Australian Cancer Database. MSKCC: the work at Sloan Kettering in New York was supported by the Robert and Kate Niehaus Center for Inherited Cancer Genomics and the Romeo Milio Foundation. Moffitt: This work was supported by funding from the National Institutes of Health (grant numbers R01 CA189184, P30 CA076292), Florida Department of Health Bankhead-Coley Grant 09BN-13, and the University of South Florida Oehler Foundation. Moffitt contributions were supported in part by the Total Cancer Care Initiative, Collaborative Data Services Core, and Tissue Core at the H. Lee Moffitt Cancer Center & Research Institute, a National Cancer Institute-designated Comprehensive Cancer Center (grant number P30 CA076292). SEARCH: Cancer Research UK (C490/A16561). The Spanish study was supported by Instituto de Salud Carlos III, co-funded by FEDER funds –a way to build Europe– (grants PI14-613 and PI09-1286), Catalan Government DURSI (grant 2014SGR647), and Junta de Castilla y León (grant LE22A10-2). The Swedish Low-risk Colorectal Cancer Study: the study was supported by grants from the Swedish research council; K2015-55 × -22674-01-4, K2008-55 × -20157-03-3, K2006-72 × -20157-01-2 and the Stockholm County Council (ALF project). CIDR genotyping for the Oncoarray was conducted under contract 268201200008I (to K.D.), through grant 101HG007491-01 (to C.I.A.). The Norris Cotton Cancer Center - P30CA023108, The Quantitative Biology Research Institute - P20GM103534, and the Coordinating Center for Screen Detected Lesions - U01CA196386 also supported efforts of C.I.A. This work was also supported by the National Cancer Institute (grant numbers U01 CA1817700, R01 CA144040). ASTERISK: a Hospital Clinical Research Program (PHRC) and supported by the Regional Council of Pays de la Loire, the Groupement des Entreprises Françaises dans la Lutte contre le Cancer (GEFLUC), the Association Anne de Bretagne Génétique and the Ligue Régionale Contre le Cancer (LRCC). COLO2&3: National Institutes of Health (grant number R01 CA060987). DACHS: This work was supported by the German Research Council (BR 1704/6-1, BR 1704/6-3, BR 1704/6-4, CH 117/1-1, HO 5117/2-1, HE 5998/2-1, KL 2354/3-1, RO 2270/8-1, and BR 1704/17-1), the Interdisciplinary Research Program of the National Center for Tumor Diseases (NCT), Germany, and the German Federal Ministry of Education and Research (01KH0404, 01ER0814, 01ER0815, 01ER1505A, and 01ER1505B). DALS: National Institutes of Health (grant number R01 CA048998 to M.L.S). HPFS is supported by National Institutes of Health (grant numbers P01 CA055075, UM1 CA167552, R01 137178, and P50 CA127003), NHS by the National Institutes of Health (grant numbers UM1 CA186107, R01 CA137178, P01 CA087969, and P50 CA127003), NHSII by the National Institutes of Health (grant numbers R01 050385CA and UM1 CA176726), and PHS by the National Institutes of Health (grant number R01 CA042182). MEC: National Institutes of Health (grant numbers R37 CA054281, P01 CA033619, and R01 CA063464). OFCCR: National Institutes of Health, through funding allocated to the Ontario Registry for Studies of Familial Colorectal Cancer (grant number U01 CA074783); see Colon CFR section above. As subset of ARCTIC, OFCCR is supported by a GL2 grant from the Ontario Research Fund, the Canadian Institutes of Health Research, and the Cancer Risk Evaluation (CaRE) Program grant from the Canadian Cancer Society Research Institute. T.J.H. and B.W.Z. are recipients of Senior Investigator Awards from the Ontario Institute for Cancer Research, through generous support from the Ontario Ministry of Research and Innovation. PLCO: Intramural Research Program of the Division of Cancer Epidemiology and Genetics and supported by contracts from the Division of Cancer Prevention, National Cancer Institute, NIH, DHHS. Additionally, a subset of control samples was genotyped as part of the Cancer Genetic Markers of Susceptibility (CGEMS) Prostate Cancer GWAS, Colon CGEMS pancreatic cancer scan (PanScan), and the Lung Cancer and Smoking study. The prostate and PanScan study datasets were accessed with appropriate approval through the dbGaP online resource (http://cgems.cancer.gov/data/) accession numbers phs000207.v1.p1 and phs000206.v3.p2, respectively, and the lung datasets were accessed from the dbGaP website (http://www.ncbi.nlm.nih.gov/gap) through accession number phs000093.v2.p2. Funding for the Lung Cancer and Smoking study was provided by National Institutes of Health (NIH), Genes, Environment and Health Initiative (GEI) Z01 CP 010200, NIH U01 HG004446, and NIH GEI U01 HG 004438. For the lung study, the GENEVA Coordinating Center provided assistance with genotype cleaning and general study coordination, 23 and the Johns Hopkins University Center for Inherited Disease Research conducted genotyping. PMH: National Institutes of Health (grant number R01 CA076366). VITAL: National Institutes of Health (grant number K05-CA154337). WHI: The WHI program is funded by the National Heart, Lung, and Blood Institute, National Institutes of Health, U.S. Department of Health and Human Services through contracts HHSN268201600018C, HHSN268201600001C, HHSN268201600002C, HHSN268201600003C, and HHSN268201600004C. The head and neck cancer genome-wide association analyses: The study was supported by NIH/NCI: P50 CA097190, and P30 CA047904, Canadian Cancer Society Research Institute (no. 020214) and Cancer Care Ontario Research Chair to R.H. The Princess Margaret Hospital Head and Neck Cancer Translational Research Program is funded by the Wharton family, Joe's Team, Gordon Tozer, Bruce Galloway and the Elia family. Geoffrey Liu was supported by the Posluns Family Fund and the Lusi Wong Family Fund at the Princess Margaret Foundation, and the Alan B. Brown Chair in Molecular Genomics. This publication presents data from Head and Neck 5000 (H&N5000). H&N5000 was a component of independent research funded by the UK National Institute for Health Research (NIHR) under its Programme Grants for Applied Research scheme (RP-PG-0707-10034). The views expressed in this publication are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health. Human papillomavirus (HPV) in H&N5000 serology was supported by a Cancer Research UK Programme Grant, the Integrative Cancer Epidemiology Programme (grant number: C18281/A19169). National Cancer Institute (R01-CA90731); National Institute of Environmental Health Sciences (P30ES10126). The authors thank all the members of the GENCAPO team/The Head and Neck Genome Project (GENCAPO) was supported by the Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) (Grant numbers 04/12054-9 and 10/51168-0). CPS-II recruitment and maintenance is supported with intramural research funding from the American Cancer Society. Genotyping performed at the Center for Inherited Disease Research (CIDR) was funded through the U.S. National Institute of Dental and Craniofacial Research (NIDCR) grant 1 × 01HG007780-0. The University of Pittsburgh head and neck cancer case-control study is supported by National Institutes of Health grants P50 CA097190 and P30 CA047904. The Carolina Head and Neck Cancer Study (CHANCE) was supported by the National Cancer Institute (R01-CA90731). The Head and Neck Genome Project (GENCAPO) was supported by the Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP) (Grant numbers 04/12054-9 and 10/51168-0). The authors thank all the members of the GENCAPO team. The HN5000 study was funded by the National Institute for Health Research (NIHR) under its Programme Grants for Applied Research scheme (RP-PG-0707-10034), the views expressed in this publication are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health. The Toronto study was funded by the Canadian Cancer Society Research Institute (020214) and the National Cancer Institute (U19-CA148127) and the Cancer Care Ontario Research Chair. The alcohol-related cancers and genetic susceptibility study in Europe (ARCAGE) was funded by the European Commission's 5th Framework Program (QLK1-2001-00182), the Italian Association for Cancer Research, Compagnia di San Paolo/FIRMS, Region Piemonte, and Padova University (CPDA057222). The Rome Study was supported by the Associazione Italiana per la Ricerca sul Cancro (AIRC) IG 2011 10491 and IG2013 14220 to S.B., and Fondazione Veronesi to S.B. The IARC Latin American study was funded by the European Commission INCO-DC programme (IC18-CT97-0222), with additional funding from Fondo para la Investigacion Cientifica y Tecnologica (Argentina) and the Fundação de Amparo à Pesquisa do Estado de São Paulo (01/01768-2). We thank Leticia Fernandez, Instituto Nacional de Oncologia y Radiobiologia, La Habana, Cuba and Sergio and Rosalina Koifman, for their efforts with the IARC Latin America study São Paulo center. The IARC Central Europe study was supported by European Commission's INCO-COPERNICUS Program (IC15- CT98-0332), NIH/National Cancer Institute grant CA92039, and the World Cancer Research Foundation grant WCRF 99A28. The IARC Oral Cancer Multicenter study was funded by grant S06 96 202489 05F02 from Europe against Cancer; grants FIS 97/0024, FIS 97/0662, and BAE 01/5013 from Fondo de Investigaciones Sanitarias, Spain; the UICC Yamagiwa-Yoshida Memorial International Cancer Study; the National Cancer Institute of Canada; Associazione Italiana per la Ricerca sul Cancro; and the Pan-American Health Organization. Coordination of the EPIC study is financially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The lung cancer genome-wide association analyses: Transdisciplinary Research for Cancer in Lung (TRICL) of the International Lung Cancer Consortium (ILCCO) was supported by (U19-CA148127, CA148127S1, U19CA203654, and Cancer Prevention Research Institute of Texas RR170048). The ILCCO data harmonization is supported by Cancer Care Ontario Research Chair of Population Studies to R. H. and Lunenfeld-Tanenbaum Research Institute, Sinai Health System. The TRICL-ILCCO OncoArray was supported by in-kind genotyping by the Centre for Inherited Disease Research (26820120008i-0-26800068-1). The CAPUA study was supported by FIS-FEDER/Spain grant numbers FIS-01/310, FIS-PI03-0365, and FIS-07-BI060604, FICYT/Asturias grant numbers FICYT PB02-67 and FICYT IB09-133, and the University Institute of Oncology (IUOPA), of the University of Oviedo and the Ciber de Epidemiologia y Salud Pública. CIBERESP, SPAIN. The work performed in the CARET study was supported by the National Institute of Health/National Cancer Institute: UM1 CA167462 (PI: Goodman), National Institute of Health UO1-CA6367307 (PIs Omen, Goodman); National Institute of Health R01 CA111703 (PI Chen), National Institute of Health 5R01 CA151989-01A1(PI Doherty). The Liverpool Lung project is supported by the Roy Castle Lung Cancer Foundation. The Harvard Lung Cancer Study was supported by the NIH (National Cancer Institute) grants CA092824, CA090578, CA074386. The Multi-ethnic Cohort Study was partially supported by NIH Grants CA164973, CA033619, CA63464, and CA148127. The work performed in MSH-PMH study was supported by The Canadian Cancer Society Research Institute (020214), Ontario Institute of Cancer and Cancer Care Ontario Chair Award to R.J.H. and G.L. and the Alan Brown Chair and Lusi Wong Programs at the Princess Margaret Hospital Foundation. NJLCS was funded by the State Key Program of National Natural Science of China (81230067), the National Key Basic Research Program Grant (2011CB503805), the Major Program of the National Natural Science Foundation of China (81390543). The Norway study was supported by Norwegian Cancer Society, Norwegian Research Council. The Shanghai Cohort Study (SCS) was supported by National Institutes of Health R01 CA144034 (PI: Yuan) and UM1 CA182876 (PI: Yuan). The Singapore Chinese Health Study (SCHS) was supported by National Institutes of Health R01 CA144034 (PI: Yuan) and UM1 CA182876 (PI: Yuan). The work in TLC study has been supported in part the James & Esther King Biomedical Research Program (09KN-15), National Institutes of Health Specialized Programs of Research Excellence (SPORE) Grant (P50 CA119997), and by a Cancer Center Support Grant (CCSG) at the H. Lee Moffitt Cancer Center and Research Institute, an NCI designated Comprehensive Cancer Center (grant number P30-CA76292). The Vanderbilt Lung Cancer Study—BioVU dataset used for the analyses described was obtained from Vanderbilt University Medical Center's BioVU, which is supported by institutional funding, the 1S10RR025141-01 instrumentation award, and by the Vanderbilt CTSA grant UL1TR000445 from NCATS/NIH. Dr. Aldrich was supported by NIH/National Cancer Institute K07CA172294 (PI: Aldrich) and Dr. Bush was supported by NHGRI/NIH U01HG004798 (PI: Crawford). The Copenhagen General Population Study (CGPS) was supported by the Chief Physician Johan Boserup and Lise Boserup Fund, the Danish Medical Research Council and Herlev Hospital. The NELCS study: Grant Number P20RR018787 from the National Center for Research Resources (NCRR), a component of the National Institutes of Health (NIH). The Kentucky Lung Cancer Research Initiative was supported by the Department of Defense [Congressionally Directed Medical Research Program, U.S. Army Medical Research and Materiel Command Program] under award number: 10153006 (W81XWH-11-1-0781). Views and opinions of, and endorsements by the author(s) do not reflect those of the US Army or the Department of Defense. This research was also supported by unrestricted infrastructure funds from the UK Center for Clinical and Translational Science, NIH grant UL1TR000117 and Markey Cancer Center NCI Cancer Center Support Grant (P30 CA177558) Shared Resource Facilities: Cancer Research Informatics, Biospecimen and Tissue Procurement, and Biostatistics and Bioinformatics. The M.D. Anderson Cancer Center study was supported in part by grants from the NIH (P50 CA070907, R01 CA176568) (to X.W.), Cancer Prevention & Research Institute of Texas (RP130502) (to X.W.), and The University of Texas MD Anderson Cancer Center institutional support for the Center for Translational and Public Health Genomics. The deCODE study of smoking and nicotine dependence was funded in part by a grant from NIDA (R01- DA017932). The study in Lodz center was partially funded by Nofer Institute of Occupational Medicine, under task NIOM 10.13: Predictors of mortality from non-small cell lung cancer—field study. Genetic sharing analysis was funded by NIH grant CA194393. The research undertaken by M.D.T., L.V.W., and M.S.A. was partly funded by the National Institute for Health Research (NIHR). The views expressed are those of the author(s) and not necessarily those of the NHS, the NIHR or the Department of Health. M.D.T. holds a Medical Research Council Senior Clinical Fellowship (G0902313). The work to assemble the FTND GWAS meta-analysis was supported by the National Institutes of Health (NIH), National Institute on Drug Abuse (NIDA) grant number R01 DA035825 (Principal Investigator [PI]: DBH). The study populations included COGEND (dbGaP phs000092.v1.p1 and phs000404.v1.p1), COPDGene (dbGaP phs000179.v3.p2), deCODE Genetics, EAGLE (dbGaP phs000093.vs.p2), and SAGE. dbGaP phs000092.v1.p1). See Hancock et al. Transl Psychiatry 2015 (PMCID: PMC4930126) for the full listing of funding sources and other acknowledgments. The Resource for the Study of Lung Cancer Epidemiology in North Trent (ReSoLuCENT)study was funded by the Sheffield Hospitals Charity, Sheffield Experimental Cancer Medicine Centre and Weston Park Hospital Cancer Charity. The ovarian cancer genome-wide association analysis: The Ovarian Cancer Association Consortium (OCAC) is supported by a grant from the Ovarian Cancer Research Fund thanks to donations by the family and friends of Kathryn Sladek Smith (PPD/RPCI.07). The scientific development and funding for this project were in part supported by the US National Cancer Institute GAME-ON Post-GWAS Initiative (U19-CA148112). This study made use of data generated by the Wellcome Trust Case Control consortium that was funded by the Wellcome Trust under award 076113. The results published here are in part based upon data generated by The Cancer Genome Atlas Pilot Project established by the National Cancer Institute and National Human Genome Research Institute (dbGap accession number phs000178.v8.p7). The OCAC OncoArray genotyping project was funded through grants from the U.S. National Institutes of Health (CA1X01HG007491-01 (C.I.A.), U19-CA148112 (T.A.S.), R01-CA149429 (C.M.P.), and R01-CA058598 (M.T.G.); Canadian Institutes of Health Research (MOP-86727 (L.E.K.) and the Ovarian Cancer Research Fund (A.B.). The COGS project was funded through a European Commission's Seventh Framework Programme grant (agreement number 223175 - HEALTH-F2-2009-223175) and through a grant from the U.S. National Institutes of Health (R01-CA122443 (E.L.G)). Funding for individual studies: AAS: National Institutes of Health (RO1-CA142081); AOV: The Canadian Institutes for Health Research (MOP-86727); AUS: The Australian Ovarian Cancer Study Group was supported by the U.S. Army Medical Research and Materiel Command (DAMD17-01-1-0729), National Health & Medical Research Council of Australia (199600, 400413 and 400281), Cancer Councils of New South Wales, Victoria, Queensland, South Australia and Tasmania and Cancer Foundation of Western Australia (Multi-State Applications 191, 211, and 182). The Australian Ovarian Cancer Study gratefully acknowledges additional support from Ovarian Cancer Australia and the Peter MacCallum Foundation; BAV: ELAN Funds of the University of Erlangen-Nuremberg; BEL: National Kankerplan; BGS: Breast Cancer Now, Institute of Cancer Research; BVU: Vanderbilt CTSA grant from the National Institutes of Health (NIH)/National Center for Advancing Translational Sciences (NCATS) (ULTR000445); CAM: National Institutes of Health Research Cambridge Biomedical Research Centre and Cancer Research UK Cambridge Cancer Centre; CHA: Innovative Research Team in University (PCSIRT) in China (IRT1076); CNI: Instituto de Salud Carlos III (PI12/01319); Ministerio de Economía y Competitividad (SAF2012); COE: Department of Defense (W81XWH-11-2-0131); CON: National Institutes of Health (R01-CA063678, R01-CA074850; and R01-CA080742); DKE: Ovarian Cancer Research Fund; DOV: National Institutes of Health R01-CA112523 and R01-CA87538; EMC: Dutch Cancer Society (EMC 2014-6699); EPC: The coordination of EPIC is financially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The national cohorts are supported by Danish Cancer Society (Denmark); Ligue Contre le Cancer, Institut Gustave Roussy, Mutuelle Générale de l'Education Nationale, Institut National de la Santé et de la Recherche Médicale (INSERM) (France); German Cancer Aid, German Cancer Research Center (DKFZ), Federal Ministry of Education and Research (BMBF) (Germany); the Hellenic Health Foundation (Greece); Associazione Italiana per la Ricerca sul Cancro-AIRC-Italy and National Research Council (Italy); Dutch Ministry of Public Health, Welfare and Sports (VWS), Netherlands Cancer Registry (NKR), LK Research Funds, Dutch Prevention Funds, Dutch ZON (Zorg Onderzoek Nederland), World Cancer Research Fund (WCRF), Statistics Netherlands (The Netherlands); ERC-2009-AdG 232997 and Nordforsk, Nordic Centre of Excellence programme on Food, Nutrition and Health (Norway); Health Research Fund (FIS), PI13/00061 to Granada, PI13/01162 to EPIC-Murcia, Regional Governments of Andalucía, Asturias, Basque Country, Murcia and Navarra, ISCIII RETIC (RD06/0020) (Spain); Swedish Cancer Society, Swedish Research Council and County Councils of Skåne and Västerbotten (Sweden); Cancer Research UK (14136 to EPIC-Norfolk; C570/A16491 and C8221/A19170 to EPIC-Oxford), Medical Research Council (1000143 to EPIC-Norfolk, MR/M012190/1 to EPIC-Oxford) (United Kingdom); GER: German Federal Ministry of Education and Research, Programme of Clinical Biomedical Research (01 GB 9401) and the German Cancer Research Center (DKFZ); GRC: This research has been co-financed by the European Union (European Social Fund—ESF) and Greek national funds through the Operational Program "Education and Lifelong Learning" of the National Strategic Reference Framework (NSRF)—Research Funding Program of the General Secretariat for Research & Technology: SYN11_10_19 NBCA. Investing in knowledge society through the European Social Fund; GRR: Roswell Park Cancer Institute Alliance Foundation, P30 CA016056; HAW: U.S. National Institutes of Health (R01-CA58598, N01-CN-55424, and N01-PC-67001); HJO: Intramural funding; Rudolf-Bartling Foundation; HMO: Intramural funding; Rudolf-Bartling Foundation; HOC: Helsinki University Research Fund; HOP: Department of Defense (DAMD17-02-1-0669) and NCI (K07-CA080668, R01-CA95023, P50-CA159981 MO1-RR000056 R01-CA126841); HUO: Intramural funding; Rudolf-Bartling Foundation; JGO: JSPS KAKENHI grant; JPN: Grant-in-Aid for the Third Term Comprehensive 10-Year Strategy for Cancer Control from the Ministry of Health, Labour and Welfare; KRA: This study (Ko-EVE) was supported by a grant from the Korea Health Technology R&D Project through the Korea Health Industry Development Institute (KHIDI), and the National R&D Program for Cancer Control, Ministry of Health & Welfare, Republic of Korea (HI16C1127; 0920010); LAX: American Cancer Society Early Detection Professorship (SIOP-06-258-01-COUN) and the National Center for Advancing Translational Sciences (NCATS), Grant UL1TR000124; LUN: ERC-2011-AdG 294576-risk factors cancer, Swedish Cancer Society, Swedish Research Council, Beta Kamprad Foundation; MAC: National Institutes of Health (R01-CA122443, P30-CA15083, P50-CA136393); Mayo Foundation; Minnesota Ovarian Cancer Alliance; Fred C. and Katherine B. Andersen Foundation; Fraternal Order of Eagles; MAL: Funding for this study was provided by research grant R01- CA61107 from the National Cancer Institute, Bethesda, MD, research grant 94 222 52 from the Danish Cancer Society, Copenhagen, Denmark; and the Mermaid I project; MAS: Malaysian Ministry of Higher Education (UM.C/HlR/MOHE/06) and Cancer Research Initiatives Foundation; MAY: National Institutes of Health (R01-CA122443, P30-CA15083, and P50-CA136393); Mayo Foundation; Minnesota Ovarian Cancer Alliance; Fred C. and Katherine B. Andersen Foundation; MCC: Cancer Council Victoria, National Health and Medical Research Council of Australia (NHMRC) grants number 209057, 251533, 396414, and 504715; MDA: DOD Ovarian Cancer Research Program (W81XWH-07-0449); MEC: NIH (CA54281, CA164973, CA63464); MOF: Moffitt Cancer Center, Merck Pharmaceuticals, the state of Florida, Hillsborough County, and the city of Tampa; NCO: National Institutes of Health (R01-CA76016) and the Department of Defense (DAMD17-02-1-0666); NEC: National Institutes of Health R01-CA54419 and P50-CA105009 and Department of Defense W81XWH-10-1-02802; NHS: UM1 CA186107, P01 CA87969, R01 CA49449, R01-CA67262, UM1 CA176726; NJO: National Cancer Institute (NIH-K07 CA095666, R01-CA83918, NIH-K22-CA138563, and P30-CA072720) and the Cancer Institute of New Jersey; If Sara Olson and/or Irene Orlow is a co-author, please add NCI CCSG award (P30-CA008748) to the funding sources; NOR: Helse Vest, The Norwegian Cancer Society, The Research Council of Norway; NTH: Radboud University Medical Centre; OPL: National Health and Medical Research Council (NHMRC) of Australia (APP1025142) and Brisbane Women's Club; ORE: OHSU Foundation; OVA: This work was supported by Canadian Institutes of Health Research grant (MOP-86727) and by NIH/NCI 1 R01CA160669-01A1; PLC: Intramural Research Program of the National Cancer Institute; POC: Pomeranian Medical University; POL: Intramural Research Program of the National Cancer Institute; PVD: Canadian Cancer Society and Cancer Research Society GRePEC Program; RBH: National Health and Medical Research Council of Australia; RMH: Cancer Research UK, Royal Marsden Hospital; RPC: National Institute of Health (P50-CA159981, R01-CA126841); SEA: Cancer Research UK (C490/A10119 C490/A10124); UK National Institute for Health Research Biomedical Research Centres at the University of Cambridge; SIS: NIH, National Institute of Environmental Health Sciences, Z01-ES044005 and Z01-ES049033; SMC: The bbSwedish Research Council-SIMPLER infrastructure; the Swedish Cancer Foundation; SON: National Health Research and Development Program, Health Canada, grant 6613-1415-53; SRO: Cancer Research UK (C536/A13086, C536/A6689) and Imperial Experimental Cancer Research Centre (C1312/A15589); STA: NIH grants U01 CA71966 and U01 CA69417; SWE: Swedish Cancer foundation, WeCanCureCancer and VårKampMotCancer foundation; SWH: NIH (NCI) grant R37-CA070867; TBO: National Institutes of Health (R01-CA106414-A2), American Cancer Society (CRTG-00-196-01-CCE), Department of Defense (DAMD17-98-1-8659), Celma Mastery Ovarian Cancer Foundation; TOR: NIH grants R01-CA063678 and R01 CA063682; UCI: NIH R01-CA058860 and the Lon V Smith Foundation grant LVS39420; UHN: Princess Margaret Cancer Centre Foundation-Bridge for the Cure; UKO: The UKOPS study was funded by The Eve Appeal (The Oak Foundation) and supported by the National Institute for Health Research University College London Hospitals Biomedical Research Centre; UKR: Cancer Research UK (C490/A6187), UK National Institute for Health Research Biomedical Research Centres at the University of Cambridge; USC: P01CA17054, P30CA14089, R01CA61132, N01PC67010, R03CA113148, R03CA115195, N01CN025403, and California Cancer Research Program (00-01389V-20170, 2II0200); VAN: BC Cancer Foundation, VGH & UBC Hospital Foundation; VTL: NIH K05-CA154337; WMH: National Health and Medical Research Council of Australia, Enabling Grants ID 310670 & ID 628903. Cancer Institute NSW Grants 12/RIG/1-17 & 15/RIG/1-16; WOC: National Science Centren (N N301 5645 40). The Maria Sklodowska-Curie Memorial Cancer Center and Institute of Oncology, Warsaw, Poland. The University of Cambridge has received salary support for PDPP from the NHS in the East of England through the Clinical Academia Reserve. The prostate cancer genome-wide association analyses: we pay tribute to Brian Henderson, who was a driving force behind the OncoArray project, for his vision and leadership, and who sadly passed away before seeing its fruition. We also thank the individuals who participated in these studies enabling this work. The ELLIPSE/PRACTICAL (http//:practical.icr.ac.uk) prostate cancer consortium and his collaborating partners were supported by multiple funding mechanisms enabling this current work. ELLIPSE/PRACTICAL Genotyping of the OncoArray was funded by the US National Institutes of Health (NIH) (U19 CA148537 for ELucidating Loci Involved in Prostate Cancer SuscEptibility (ELLIPSE) project and X01HG007492 to the Center for Inherited Disease Research (CIDR) under contract number HHSN268201200008I). Additional analytical support was provided by NIH NCI U01 CA188392 (F.R.S.). Funding for the iCOGS infrastructure came from the European Community's Seventh Framework Programme under grant agreement n° 223175 (HEALTH-F2-2009-223175) (COGS), Cancer Research UK (C1287/A10118, C1287/A 10710, C12292/A11174, C1281/A12014, C5047/A8384, C5047/A15007, C5047/A10692, and C8197/A16565), the National Institutes of Health (CA128978) and Post-Cancer GWAS initiative (1U19 CA148537, 1U19 CA148065, and 1U19 CA148112; the GAME-ON initiative), the Department of Defense (W81XWH-10-1-0341), the Canadian Institutes of Health Research (CIHR) for the CIHR Team in Familial Risks of Breast Cancer, Komen Foundation for the Cure, the Breast Cancer Research Foundation, and the Ovarian Cancer Research Fund. This work was supported by the Canadian Institutes of Health Research, European Commission's Seventh Framework Programme grant agreement n° 223175 (HEALTH-F2-2009-223175), Cancer Research UK Grants C5047/A7357, C1287/A10118, C1287/A16563, C5047/A3354, C5047/A10692, C16913/A6135, C5047/A21332 and The National Institute of Health (NIH) Cancer Post-Cancer GWAS initiative grant: No. 1 U19 CA148537-01 (the GAME-ON initiative). We also thank the following for funding support: The Institute of Cancer Research and The Everyman Campaign, The Prostate Cancer Research Foundation, Prostate Research Campaign UK (now Prostate Action), The Orchid Cancer Appeal, The National Cancer Research Network UK, and The National Cancer Research Institute (NCRI) UK. We are grateful for support of NIHR funding to the NIHR Biomedical Research Centre at The Institute of Cancer Research and The Royal Marsden NHS Foundation Trust. The Prostate Cancer Program of Cancer Council Victoria also acknowledge grant support from The National Health and Medical Research Council, Australia (126402, 209057, 251533, 396414, 450104, 504700, 504702, 504715, 623204, 940394, and 614296), VicHealth, Cancer Council Victoria, The Prostate Cancer Foundation of Australia, The Whitten Foundation, PricewaterhouseCoopers, and Tattersall's. E.A.O., D.M.K., and E.M.K. acknowledge the Intramural Program of the National Human Genome Research Institute for their support. The BPC3 was supported by the U.S. National Institutes of Health, National Cancer Institute (cooperative agreements U01-CA98233 to D.J.H., U01-CA98710 to S.M.G., U01-CA98216 to E.R., and U01-CA98758 to B.E.H., and Intramural Research Program of NIH/National Cancer Institute, Division of Cancer Epidemiology and Genetics). CAPS GWAS study was supported by the Swedish Cancer Foundation (grant no 09-0677, 11-484, 12-823), the Cancer Risk Prediction Center (CRisP; www.crispcenter.org), a Linneus Centre (Contract ID 70867902) financed by the Swedish Research Council, Swedish Research Council (grant no K2010-70 × -20430-04-3, 2014-2269). The Hannover Prostate Cancer Study was supported by the Lower Saxonian Cancer Society. PEGASUS was supported by the Intramural Research Program, Division of Cancer Epidemiology and Genetics, National Cancer Institute, National Institutes of Health. RAPPER was supported by the NIHR Manchester Biomedical Research Center, Cancer Research UK (C147/A25254, C1094/A18504) and the EU's 7th Framework Programme Grant/Agreement no 60186. Overall: this research has been conducted using the UK Biobank Resource (application number 16549). NHS is supported by UM1 CA186107 (NHS cohort infrastructure grant), P01 CA87969, and R01 CA49449. NHSII is supported by UM1 CA176726 (NHSII cohort infrastructure grant), and R01-CA67262. A.L.K. is supported by R01 MH107649. We would like to thank the participants and staff of the NHS and NHSII for their valuable contributions as well as the following state cancer registries for their help: AL, AZ, AR, CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KY, LA, ME, MD, MA, MI, NE, NH, NJ, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, VA, WA, WY. The authors assume full responsibility for analyses and interpretation of these data. ; Peer Reviewed
A 2018 report from the Center for Strategic and International Studies, in partnership with computer security company McAfee, estimated that cybercrime costs the world almost $600 billion or .8% of the global Gross Domestic Product (CSIS, 2018, p. 4). In response to this booming element of transnational crime, states, private sector entities, non-governmental organizations, and individual citizens have sought to implement systems for the investigation, prosecution, and restitution of these crimes. One such solution is the development and enactment of international law. On December 27, 2019, the General Assembly of the United Nations passed Russia-led resolution A/74/401, entitled "Countering the use of information and communications technologies for criminal purposes (United Nations, 2019, Countering the use)." Vehemently opposed by Western states such as the United States, the resolution approved the establishment of a committee of experts to evaluate the potential for an international cybercrime treaty (United Nations). While international cooperation of this kind is commendable, Western states and human rights groups have professed concerns that the vague language of the resolution has the potential to erode the human rights protections afforded to citizens under international law (Hakmeh & Peters, 2020). The purpose of this paper is to identify the human rights concerns of Russia's proposed United Nations resolution and analyze the obligations the international community has to uphold relevant human rights protections while balancing international cooperation necessitated by international law and legal norms. The first section of this paper provides historical background on the relationship between cyber issues like cybercrime and international law. ; Winner of the 2020 Friends of the Kreitzberg Library Award for Outstanding Research in the College of Graduate and Continuing Studies Graduate category. ; Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 1 International Law & the Cyber Domain: Assessing the Human Rights Concerns of Cyber Legislation GD520 International Law and the International System Dr. John Becker Norwich University College of Graduate and Continuing Studies Kathryn R. Lamphere 23 May 2020 Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 2 Introduction A 2018 report from the Center for Strategic and International Studies, in partnership with computer security company McAfee, estimated that cybercrime costs the world almost $600 billion or .8% of the global Gross Domestic Product (CSIS, 2018, p. 4). In response to this booming element of transnational crime, states, private sector entities, non-governmental organizations, and individual citizens have sought to implement systems for the investigation, prosecution, and restitution of these crimes. One such solution is the development and enactment of international law. On December 27, 2019, the General Assembly of the United Nations passed Russia-led resolution A/74/401, entitled "Countering the use of information and communications technologies for criminal purposes (United Nations, 2019, Countering the use)." Vehemently opposed by Western states such as the United States, the resolution approved the establishment of a committee of experts to evaluate the potential for an international cybercrime treaty (United Nations). While international cooperation of this kind is commendable, Western states and human rights groups have professed concerns that the vague language of the resolution has the potential to erode the human rights protections afforded to citizens under international law (Hakmeh & Peters, 2020). The purpose of this paper is to identify the human rights concerns of Russia's proposed United Nations resolution and analyze the obligations the international community has to uphold relevant human rights protections while balancing international cooperation necessitated by international law and legal norms. The first section of this paper provides historical background on the relationship between cyber issues like cybercrime and international law. International Cyber Law Background The cyber domain is often presented as another realm, a world that exists outside of the mostly tidy borders the international community has used to separate themselves. Aligning with Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 3 this view is the notion that cyberspace cannot be regulated because it expands beyond the traditional idea of territorial sovereignty (Kanuck, 2010, p. 1573). These ideas raise two concerns over the identification and prosecution of cybercrime. The first concern is the conflict between "cybercrime, which is global in scale, and police activities that are confined to national borders (Cangemi, 2004, p. 166)." The conflict arises in the very structure of the Internet, which "can be characterized as a multitude of individual, but interconnected, electronic communications networks (Zekos, 2008, p. 30)." This interconnectedness has created a grey area within the legal system, where no one entity has regulatory control over what happens in that area. The second concern is far more technical and highlights the transient nature of information and data (Cangemi, 2004, p. 166). The source of information can be easily masked to hide its actual location, and data "may be amended, moved, or altered in a few seconds (p. 166)." The speed in which data travels presents a significant hurdle to the legal and law enforcement mechanisms typically used to investigate crimes. As Cangemi notes, this creates "an appreciable risk that the evidence of cyber-offences will disappear" long before implementing the required resources (p. 166). Nevertheless, despite these concerns, "nation-states do strive to exercise their sovereignty over cyberspace (Kanuck, 2010, p. 1573)." The physical elements of cybercrime, such as the location of the people perpetrating the crimes or the location of the hardware used to execute the crimes, are used as a connecting link to allow governments "to address cyber conflicts involving both state and nonstate actors as matters to be resolved by sovereign powers under their respective legal systems (p. 1573)." When evidence moves beyond territorial borders, states seek to invoke bilateral or international action to further pursue the crime. This model follows the same formula that society developed over time, whether it be in stopping crimes such as international drug trafficking or heinous acts of terrorism. The international community is well-Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 4 versed in this cycle, and the "nature of the international legal system affords this sovereign-centric approach primacy under the United Nations (U.N.) Charter regime (p. 1573)." If the international community is content in continuing to use this cycle, then "international legislation and action are essential to combat the phenomenon" of cybercrime (Pocar, 2004, 27). The essential requirement of international involvement and negotiation has rung true in the late 20th and early 21st centuries, as the international community takes steps to evolve international law to include cyber issues, specifically cybercrime. The 1980s introduced international consultation on cybercrime by multiple organizations. In 1983, the Organization for Economic Cooperation and Development (OECD) commissioned a two-year study focusing "on the possibility of harmonizing and internationalizing national cybercrime laws (Brenner, 2012, p. 133)." OECD later published a report in 1986 summarizing the results of the study and recommending countries criminalize certain cybercrimes. In 1985, the Council of Europe convened its own study, which involved a four-year focus on "the legal issues raised by cybercrime (p. 133)." In 1997, the Council of Europe convened another study tasked with "the drafting of a cybercrime treaty that would harmonize national laws dealing with cybercrime offenses and investigations (p. 133). In 2001, the study's efforts came to fruition in the creation of the Convention of Cybercrime. Also referred to as the Budapest Convention, the international treaty entered into law in July 2004 with the principle objective of "pursuing a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering international co-operation (Council of Europe, 2001, Preamble)." As of 2018, 29 states have ratified the treaty, but the rapid development of technology has resulted in the convention becoming outdated, leaving governments and organizations calling for a new treaty (Murphy, 2018, p. 549) (Shackelford, 2014, p. 312). Russia's 2019 United Nations resolution is the latest attempt to modernize international cyber Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 5 law and has received much adulation despite its vague, concerning language and human rights implications. The next section of this paper addresses human rights and provides an overview of states' obligations to this arena as members of the international community. Human Rights & the International Community Modern international human rights law begins with the first article of the Charter of the United Nations (UN), which dictates that one of the purposes of the UN is to "achieve international cooperation…in promoting and encouraging "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion (Buergenthal, 2006, p. 785)." While the Charter provided minimal specificity as to what "respect for human rights" entailed, this provision and others within the Charter catalyzed a new international perspective on human rights. In joining the United Nations, members inherently accepted "the proposition that the Charter had internationalized the concept of human rights (p. 787)." Furthermore, the Charter insinuated that "states were deemed to have assumed some international obligations relating to human rights (p. 787)." Articles 55 and 56 of the Charter cemented the beginnings of these obligations, requiring member states to "take joint and separate action in co-operation with the Organization for the achievement of purposes" such as promoting "universal respect for, and observance of, human rights and fundamental freedoms for all (United Nations, 1945, Article 55, 56)." The specificity of human rights became more overt when the United Nations devoted the UN Commission on Human Rights to the task of drafting non-legally-binding human rights instrument. In December 1948, the UN General Assembly unanimously adopted the Universal Declaration on Human Rights (Murphy, 2018, p. 402). Composed of thirty articles, the declaration instituted vital human rights and eventually "served as a template for numerous subsequent treaties on human rights (p. 404)." As a result, the Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 6 Universal Declaration on Human Rights "has come to be accepted as a normative instrument in its own right (Buergenthal, 2006, p. 787)." Both documents uphold two pedestals of traditional international law as it pertains to human rights. The first pedestal retains responsibility for "the treatment by one state of another's nationals, an area known as state responsibility for injury to aliens (p. 389)." Although addressed at the state level, this notion asserts that individuals are afforded certain protections when in another state. The second pedestal, advanced by scholars such as Hugo Grotius, focuses on "the protection of persons against the acts of their own governments (p. 389)." It is this pedestal that introduces what is now known as humanitarian intervention, or the "idea of state intervening to protect the other state's nationals (p. 389)." Together, both the Charter of the United Nations and the Universal Declaration are "considered to spell out the general human rights obligations of all UN member states," of which there are now 193 (Buergenthal, 2006, p. 787) (Murphy, 2018, p. 59). Each international legal instrument has lent itself to the creation of international institutions dedicated to monitoring "compliance by the states parties with the obligations imposed by these instruments (Buergenthal, 2006, p. 788)." Such institutions include entities like the UN Human Rights Council and the Office of the United Nations High Commissioner for Human Rights (p. 788). Together, the instruments and institutions "laid the normative foundation of the contemporary international human rights revolution" and "influenced, in part at least, the contents of the legal norms under which international criminal tribunals operate today (p. 791)." The criticality of these elements to the international system, particularly as it pertains to international law, is justification for using each as measuring tools with which to judge the new UN cyber-focused resolution objectively. The third section of this paper will assess the purpose of the resolution and explain the supporting argument for its contents. Supporting Arguments & Analysis of A/74/401 Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 7 In order to truly understand the intent of international laws, it is crucial to develop an understanding of the stances actors take concerning the specific issues at hand. This understanding is of particular importance when discussing Resolution A/74/401 and the underlying views of cyberspace. Two opposing perspectives lie at the heart of debates surrounding the cyber domain and Internet governance and center around the notion of sovereignty. The first perspective is that "many governments are attempting to exert sovereignty in cyberspace in the same way as they do in physical domains (Nocetti, 2015, p. 111)." For these governments, the dominance of private sector institutions within cyberspace and "the unfettered internet access of their fellow citizens" are causes of concerns (p. 111). This sentiment is particularly true within the Russian government. Under its traditional views of governance, Russia "conceives of cyberspace as a territory with virtual borders corresponding to physical state borders, and wishes to see the remit of international laws extended to the internet space (p. 112)." Furthermore, Russia's domestic fears of an open Internet fuel its international concerns. Russia sees the Internet as "politically disruptive because it enables citizens to circumvent government-controlled 'traditional media (p. 113).'" It aligns this perspective "with the inherently authoritarian nature of the Russian regime (p. 114)." Russia's negative perception of the Internet as it is today ultimately lends itself to Russia's ideal mechanism of perpetuating its belief that "global internet governance is envisioned as an issue of high politics in which states - and the interstate balance of power-play – play an essential role (p. 116, 117)." Under this mechanism, it is little wonder that Russia has led international legal initiatives to refine control over the Internet since the Council of Europe's enactment of its Convention on Cybercrime. In a Ministry of Foreign Affairs press release following the General Assembly's adoption of Resolution A/74/401, Russia proclaimed that the "resolution shows that the world community urgently needs to develop a universal, comprehensive, and open-ended convention Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 8 on countering cybercrime (Ministry of Foreign Affairs, 2019)." The adopted resolution's language appears to align with this projected intent from Russia. The resolution stresses "the need to enhance coordination and cooperation among States in combating the use of information and communications technologies for criminal purposes" and notes "the importance of the international and regional instruments in the fight against cybercrime (United Nations, 2019, Countering the Use)." In order to fulfill these objectives, the resolution establishes an "intergovernmental committee of experts, representative of all regions" that will "elaborate a comprehensive international convention on countering the use of information and communications technologies for criminal purposes (United Nations, 2019)." Remarks of supporting nations support this appearance of cohesion. The representative from Nicaragua indicated the resolution would address cybercrime "in a more representative, democratic and transparent manner, taking into account the individual circumstances of developing and developed countries (Third Committee, 2019, Meetings Coverage)." China echoed this support, stating the resolution "is conducive to filling legal gaps in international cooperation (Third Committee)." At the same time, Belarus declared that "international cooperation is vital in investigating and combating cybercrime (Third Committee)." At face value, the resolution is a gesture of goodwill, a written contract to pursue options to disrupt cybercrime that will benefit all states. However, Russia's press release takes these notions a step further, realigning its message to its traditional view of international politics. It notes, "the resolution proposed by Russia essentially enhances states' digital sovereignty over their information space and ushers in a new page in the history of global efforts to counter cybercrime (Ministry of Foreign Affairs, 2019)." Furthermore, the press release dictates that the "convention must be based on the principles of respecting state sovereignty and non-interference in internal affairs (2019)." There are two Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 9 essential points within this statement that require further analysis. The first is the reassertion of the authoritarian construct with which Russia chooses to view cyberspace. In a press release initially dedicated to lauding the necessity of international cooperation, Russia simultaneously defaults to its traditional views of the international community and advocates for a "digital Westphalia (Nocetti, 2015, p. 117)." In recognizing sovereignty, Russia insinuates that the international community will successfully legislate mechanisms that will reduce cybercrime. A quick review of the supporting states in favor of the resolution upholds Russia's authoritarian views (United Nations, 2019, Countering the Use). In addition to China, Nicaragua, and Belarus, countries like Iran, Syria, Venezuela, Cuba, and the Democratic People's Republic of Korea are only some of the 88 Member States of the General Assembly who voted to adopt the resolution. Unsurprisingly, these states also abide by similar authoritarian perspectives on international law and sovereignty. China, for example, maintains a "comprehensive, multidimensional system that governs Internet infrastructure, commercial and social use as well as legal domains (Liang & Lu, 2010, p. 105)." This system supports "Internet censorship" and "China's single-party political system and its heavy intervention in Internet development (p. 105)." Given the nature and history of these states' political systems and methods of governance, the sudden focus on international cooperation generates questions of the underlying goals that may hide behind the official demands of the resolution. The second point requiring acknowledgment is the additional re-emphasis of sovereignty while also emphasizing non-interventionist beliefs in discussing non-interference in internal affairs. The resolution itself makes no mention of sovereignty or internal affairs beyond assisting countries with improving "national legislation and frameworks and build the capacity of national authorities" to deal with cybercrime (United Nations, 2019, Countering the Use). Despite the lack of language on this topic, the leading state on this initiative, Russia, felt the need Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 10 to emphasize its sovereignty in a press release about the resolution (Ministry of Foreign Affairs, 2019). Once again, Russia gives the impression that there may be a hidden desire layered within the words of the resolution. Additionally, the concept of non-interference within the international system is not without exceptions. The most critical exception being suspicion of human rights violations. As previously stated, humanitarian intervention and protecting citizens from their own government is a staple of international human rights law (Murphy, 2018, p. 389). Therefore, while non-interference in domestic matters is undoubtedly an essential tenet of international law, the resolution cannot call for international cooperation to combat cybercrime and simultaneously ignore the international cooperation required to maintain peace and security (United Nations, 1945, Charter of the United Nations). The next section of this paper will address these obligations to cooperation as it pertains to human rights while also highlighting the opposing arguments against Resolution A/74/401. Opposing Arguments for A/74/401 & Analysis of Human Rights Concerns The first perspective at the heart of the cyber domain debates, as described previously, is modeled after authoritarian beliefs and government control. The second perspective, modeled after a more Western approach to governance, is the belief of a free and open Internet that should remain decentralized and that "the best regulatory system is one that develops organically (Shackelford, 2013, p. 53)." A free Internet is more firmly the belief of the United States. This idea introduces the initial context necessary to understand the United States' opposition to the Russian-led cybercrime resolution. Even before the rapid development of the Internet, American foreign policy internalized the notion of "free flow of information internationally as an important element of national security (McCarthy, 2011, p. 92)." Former Secretary of State George Schultz argued that the free flow of information "undermined the Soviet Union and authoritarianism (p. 92, 93)." At its earliest beginnings, the Internet was a product of American ingenuity and, as a Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 11 result, built with a bias for "American libertarianism (p. 93)." In the present, the West has developed this concept in the "context of freedom expression, protection of intellectual property rights, and national security (Powers & Jablonski, 2015, p. 3)." As former Secretary of State Clinton asserted, the United States and other Western nations support the "freedom to connect" in opposition to efforts by states such as China, Iran, and Russia to create state-level information infrastructures designed for censorship (p. 3). The historical rivalry and disagreement between the two states on information, particularly as it pertains to cyberspace, only further roots the United States' opposition to the new United Nations cybercrime resolution. In its statement to the United Nations during the 49th & 50th meetings of the Third Committee, the United States expressed disappointment "with the decisions of the sponsors of this resolution to bring it to the Third Committee (United States Mission to the United Nations, 2019)." Contrary to the resolution's focus on cooperation, the United States' proclaimed the resolution would "drive a wedge between Member States and undermine international cooperation to combat cybercrime at a time when enhanced coordination is essential (United States Mission to the United Nations)." Furthermore, the United States asserted Russia's actions in introducing the resolution essentially bypass the "expert-driven, consensus-based process and therefore is not in line with their precedent (United States Mission to the United Nations)." Other Western states appear to agree with the United States assertions, as states such as the United Kingdom, Australia, France, Republic of Korea, and Germany composed part of the 58 Member States who opposed the adoption of the resolution (United Nations, 2019, Countering the Use). In a manner similar to the states in favor of the adoption, some opposed states made remarks in agreement with those of the United States during the Third Committee. Finland, on behalf of the European Union, remarked that "there is no consensus on the need for a new international instrument to fight cybercrime" and that the draft "represents a duplication of resources (Third Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 12 Committee, 2019, Meetings Coverage). Canada and Australia presented similar sentiments, remarking that "the Budapest Convention on Cybercrime is an important baseline for international cooperation" and that the new resolution "seeks to undercut consensus and will diminish existing global efforts that are already delivering results (Third Committee, 2019)." There is one remaining argument against the new cybercrime resolution: the potential that the document's vague language will create an environment where human rights will be more easily violated if left unchecked (Hakmeh & Peters, 2020). In a letter to the United Nations General Assembly, 37 organizations and six individuals expressed their concern for human rights protections as they pertain to the cybercrime resolution (Association for Progressive Communications (APC), 2019, Open Letter, p. 4). The first concern is a lack of clarity surrounding the scope of the "use of information and communications technologies for criminal purposes (APC, p. 1)." If left undefined, the language in the resolution arguably "opens the door to criminalising ordinary online behaviour that is protected under international human rights law (APC, p. 1)." If steps to do so were taken as a result of the new resolution, they would be in direct violation of the United Nations High Commission for Human Rights; who stated in 2011 that "human rights are equally valid online as offline (Shackelford, 2019, p. 168)." The second concern offered by non-government entities is the increasing trend in "criminalising ordinary online activities of individuals and organisations through the application of cybercrime laws (APC, 2019, Open Letter, p. 1, 2)." The letter even goes so far as to quote the UN Special Rapporteur over these concerns, that the "surge in legislation and policies aimed at combating cybercrime has also opened the door to punishing and surveilling activists and protestors in many countries around the world (APC, p. 2)." If used in such a manner, these initiatives, in addition to the UN cybercrime resolution, are in direct violation of the Charter of United Nations and the Universal Declaration on Human Rights. Within the Charter of the United Nations, efforts to Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 13 restrict or punish opposition elements such as activists or protestors violates Articles 55 and 56, which requires states to cooperate with the UN in achieving the organizations' purposes such as promoting human rights (United Nations, 1945, Article 55, 56). The Universal Declaration on Human Rights provides more specific language with which to attribute potential violations. The open letter notes that legislation of this kind is used to "criminalise legitimate forms of online expression, association and assembly through vague and ill-defined terms that allow for arbitrary or discretionary application (APC, 2019, Open Letter, p. 2)." Immediately, legislation that allows for criminalization of these elements is in direct violation of Articles 18, 19, and 20, which declare "all persons have a right to freedom of thought, conscience, religion, and assembly (Murphy, 2018, p. 402)." Furthermore, violations such as these also violate article two, which guarantees people "the right to life, liberty, and security" and dictates that "these rights are to be held without discrimination of any kind (Murphy, p. 402, 403)." Upholding these rights within cyberspace continues to fall in line with the Western perspective on the Internet. As McCarthy quotes, "the Internet is arguably the greatest facilitator for freedom of expression and innovation in the world today (McCarthy, 2011, p. 94)." The status of the Universal Declaration on Human Rights as "legitimate norms within the international system" permits this interpretation and application of international law to future resolutions (p. 94). If states are signatories to the declaration, any future adoption of any resolution must adhere to the principles and freedoms guaranteed by it. Resolution A/74/401 does refer to human rights protections, "reaffirming the importance of respect for human rights and fundamental freedoms in the use of information and communication technologies (United Nations, 2019, Countering the Use)." However, the resolution's open language is in direct contradiction to this promise, if not clarified. As the open letter indicates, "simply reaffirming the importance of respect for human rights" is "insufficient to safeguard human rights while Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 14 countering cybercrime (APC, 2019, Open Letter, p. 2)." The final section of this paper recommends additional actions that may further unify opposing entities on this resolution while simultaneously addressing all human rights concerns. Recommendations The Russian-led supporters of the resolution and the United States-led opposition are unified in one common element, at least in writing. The element is that consensus and international cooperation are vital in addressing cybercrime (Ministry of Foreign Affairs, 2019) (United States Mission to the United Nations, 2019). This notion is in concert with the Council of Europe, who remains the only entity to successfully orchestrate an international cybercrime treaty (Council of Europe, 2004, Convention on Cybercrime). In 2001, the Council of Europe postulated that "solutions to the problems posed must be addressed by international law, necessitating the adoption of adequate international legal instruments" that can "ensure the necessary efficiency" required to combat cybercrime (Pocar, 2004, p. 28). If the international community determines that another cybercrime treaty is required within the intergovernmental committee of experts authorized by Resolution A/74/401, then the new treaty should consider the aims of the Council of Europe Convention on Cybercrime (United Nations, 2019, Countering the Use). In doing so, the United Nations should strive to create a "basic framework for the establishment by contracting states of domestic substantive and procedural laws" in a manner that allows states to "cooperate expeditiously with one another (Pocar, 2004, p. 30)." If successful, the United Nations will be able to "establish procedures for relevant international relations" and provide "forms of cooperation between national judicial authorities as many interact with each other both swiftly and efficiently (p. 31)." Furthermore, the necessity of these requirements is supported by the very nature of the "the world-wide dimension of the Internet," Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 15 which "implies that its illegal use and related offenses must prompt responses and concerted efforts from all relevant domestic and international authorities (p. 34)." The non-governmental organizations' open letter to the United Nations supports the need for cooperation but takes it one step further than the states themselves. In its current structure, the Internet is a public-private endeavor, with private entities dominating cyberspace (Nocetti, 2015, p. 111). The present language of the United Nations cybercrime resolution allows for an intergovernmental committee of experts. However, it does not expand on the actual composition of the committee (United Nations, 2019, Countering the Use). Noting that Russia and other authoritarian regimes prefer non-government entities to use the government as a proxy for communication, it can be inferred that a Russia-led resolution intends the committee to be comprised of only government entities (p. 117). The open letter rightly points out that collaboration on cyber issues must expand beyond state cooperation. Addressing cybercrime is "necessarily a multi-stakeholder endeavour" that "requires government officials and experts, members of the technical community, civil society, the private sector, and scientific and research institutions (APC, 2019, Open Letter, p. 4)." An assessment of this viewpoint reveals that a committee dedicated to combatting cybercrime cannot rely on government expertise alone. In order to accurately reflect the composition and requirements of a private-public Internet, all discussions surrounding this resolution should involve both private and public entities. Therefore, the committee should be reformed to more accurately reflect the Internet's users. In doing so, the United Nations breaches the divide between authoritarian and more democratic governments, further increasing cooperation on this resolution. However, increased cooperation through a broader, inclusive committee and implementation of lessons learned from the Council of Europe Convention on Cybercrime will not ensure that the future convention successfully resolves the resolution's weaknesses. In Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 16 modern-day, the international system emphasizes international human rights more than ever before, as "this branch of international law has experienced phenomenal growth over the past one hundred years (Buergenthal, 2006, p. 807)." This growth has contributed to the "growing political impact of human rights on the conduct of international relations and the behavior of governments (p. 807)." If real success is desired within international governance, then the committee established under the "Countering the use of information and communications technologies for criminal purposes" resolution must account for human rights protections when determining the requirements of the "comprehensive international convention (United Nations, 2019, Countering the Use)." As the representative from Costa Rica during the 49th and 50th meetings of the Third Committee, "the international community must protect and observe fundamental freedoms, including the right to privacy (Third Committee, 2019, Meeting Coverage)." Until there is consensus on "sensitive topics such as…State responsibility to prioritize and protect human rights," the future proposed convention will fall short of its goal of achieving complete international ratification (Third Committee). Conclusion As cyberspace expands in conjunction with the rapid advancement of technology, the fear of the unknown drives further division between already opposing states in the international system. Resolution A/74/401 is the latest testament to the evolution of politicization within Internet governance. In addressing a topic that impacts every Internet-accessible region of the world, the resolution simultaneously magnifies the opposing perspectives of states as it pertains to sovereignty within the cyber domain. Furthermore, it reignites the protracted debate over whether or not human rights obligations addressed in such documents as the Charter of the United Nations or Universal Declaration on Human Rights are legally binding. Preventing further polarization requires both an acknowledgment of a fracturing international system of Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 17 governance and a proposed solution to address the issue. While state-centric governance provides legitimacy and the potential for a higher allocation of resources dedicated to protecting the Internet, increased sovereignty also "risks sacrificing innovation, complicates the regulatory environment of cyberspace, and may threaten a positive vision of cyber peace (Shackelford, 2013, p. 50)." These risks are why an alternative method to an intergovernmental committee must develop in response to the resolution. This method should integrate a multi-stakeholder construct to more fully recognize the competing impacts of cybercrime and fairly address the allegations of human rights infringement. One such method is polycentric governance, a system composed of "diverse organizations and governments working at multiple levels" in order to "increase levels of voluntary cooperation or increase compliance with rules established by governmental authorities (p. 330)." Individually, each organization or type of government faces its own unique hurdles. Together, they "contribute to a governance regime that is multi-level, multi-purpose, multi-type, and multi-sectoral in scope that could complement the top-down governance model increasingly favored" by states such as Russia or China (p. 331). Implementing polycentric governance to more equitably debate the appropriate response to international cybercrime will create an international community willing to consider the developing convention. In doing so, the environment will be better suited to determining whether or not the international system can leverage international law to investigate and prosecute cybercrime. Running head: INTERNATIONAL LAW & THE CYBER DOMAIN 18 References Association for Progressive Communications (APC). (2019). Open Letter to UN General Assembly: Proposed international convention on cybercrime poses a threat to human rights online. Retrieved from https://www.apc.org/sites/default/files/Open_letter_re_UNGA_cybercrime_resolution_0.pdf Brenner, S. (2012). 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