Almost two years since his election, as Obama's popularity continues to sink, many are left wondering what went wrong with his presidency. But before that question can be answered, a more careful consideration of the situation he inherited seems in order: two unwinnable wars, the Guantánamo legal limbo, a badly damaged international reputation and an economic crisis of a magnitude not seen since the Great Depression, during which close to ten million jobs were lost. That was the state of the country when he came to power in 2008. In two years Obama has not solved any of these problems completely, but has made headway in many of them. In the context of a slow and jobless economic recovery, and faced with a vociferous opposition which has turned down every chance at bipartisan cooperation, the question should perhaps then be how Obama's level of support among the population remains this high (43%).The President still has the backing of Democratic voters, but has lost the support of Independents. Even those who would never consider abandoning him are suffering from an "enthusiasm gap" that may affect their turnout in the November 2 mid-term elections. With unemployment still hovering around 9.5% and with little prospect of change in the near future, the disillusionment of the electorate is understandable (43% support Obama today, compared with 60% in early 2009). But it is worth pondering how much of this discontent against the party in power is derived from the failure of policy and how much from the divisive political game played by the opposition.In all fairness to Obama, shrill accusations of socialism and big government were raised against him as soon as he came to power and had to immediately address the banking, mortgage and automobile meltdowns. Acerbic Republican opposition to any measure adopted by the Executive since then, has dominated the political discourse and made it almost impossible for the Administration to present evidence that, without its actions, the economic recovery would have taken even longer. It is hard to prove a negative proposition. Republicans have had a receptive audience in the low, mostly white middle class, many of who have taken to the streets under the Tea Party banner, to fight in one voice both against government "take over" of health care and (incongruously) in defense of Medicare (the government-sponsored health program for senior citizens).There is rich irony in hearing the word "socialist" hurled as the ultimate insult to a President who has bailed out the big financial institutions and the two largest automobile industries without nationalizing them, and who has signed a health care reform bill that does not include the controversial public option, which had been the centerpiece of his planned reform but was deemed too liberal by members of his own party. But reason and logic have no role to play in the polarized political atmosphere that we are experiencing today. Emotion and fear are much more productive in the views of the opposition, to help them re-take the House and perhaps even the Senate in this fall election.Timid Democrats in the House and Senate, afraid to lose their newly acquired seats in states and districts that voted for McCain in the 2008 presidential election are also abandoning the president. A posse of four or five of Senate "Blue Dog" Democrats has helped dilute the health care legislation by removing the public option from the bill, and have taken off the table legislation to curb carbon emissions and promote green energy sources. There are different hypotheses of why Obama has been unable to maintain high support rates in spite of having had important legislative victories (TARP, Stimulus spending package, extension of unemployment benefits, health care and financial reform). Former (Clinton's) Labor Secretary Robert Reich and NY Times columnist and Nobel Prize winner Paul Krugman argue that Obama's stimulus was ridiculously small, given the state of the economy in January 2009. They blame the President for not using the majorities in the House and Senate to pass bolder legislation. By compromising, Obama disappointed the liberal wing of his party, but more importantly, lost the Independents at the center, who simultaneously believed the Republican rhetoric about "Big government Socialist take over" but resented Obama's bailout of Wall Street. Contrary to the fear-mongering claims of the deficit hawks about the debt, Krugman points out that "far from fleeing US debt, investors are eagerly buying it, driving interest rates to historic lows". Reich insists that Obama missed an opportunity to push the limits of politics, establish a new framework of redistributive policies and regulations, and become a transformative president. Although this view undoubtedly has some merit, it ignores the brutal backlash against government spending that affected every Democrat in the House and Senate and made them fear for their jobs. A larger stimulus would have faced even stronger opposition from among the party's own ranks and seen some defectors. Obama is a pragmatic leader who governs as best he can, given the huge constraints of the current political context.Jay Cost from Real Politics offers a different explanation: Obama's geographic coalition was never broad enough because he failed to win the hearts and minds of middle and rural America. It is from those sectors that Independents have abandoned support for the administration in droves. In other words, Obama's major constituencies were in the major cities on the two seaboards and from the suburbs, and included Blacks, youth and university educated white professionals. Even in those cases in which they voted for Obama, white rural America, and blue collar workers never were quite convinced that he would fight for them, and the Wall Street bailout confirmed their suspicion. Underlying it all, there is, of course, the prevalent racism that permeates most sectors of American society and emerges in the form of distrust toward the Commander in Chief: Obama has to prove his loyalty to the country in ways not demanded from others. He has to pay the price of being the first Black president.A third hypothesis that is circulating among pundits is that Obama's focus on health care was misplaced, that he should have concentrated all his attention on economic recovery and job creation instead. Indeed, it was during the 2009 summer of discontent that the electorate became irreconcilably divided and that Republican-launched corrosive ads dominated the airwaves, and rumors about death panels and "pulling the plug on grandma" pervaded City Hall meetings. A general distrust of the federal government and of all incumbents inside the DC belt, while nothing new among the American electorate, re-emerged with new virulence.It is in this context that the Tea Party movement cut its teeth and started dominating the headlines. Spurred by the GOP with the intention of mobilizing the population around anti-tax, anti-federal government sentiments, the Tea-partiers launched national campaigns against all incumbents, and in the process became a voice for the profound anger, fear and frustration that the poor state of the economy and the sustained unemployment rate has caused in the population. Pleased at the frenzy stirred up by the movement, Republicans have complacently let it lead the way, exercising no restraint on their wildest propositions (see below) and allowing it to do the work for them as the voice of the opposition. This is already having unwanted consequences, as extremist Tea-party –fielded candidates from outside party ranks are challenging party insiders in gubernatorial as well as Congressional primary races.Like the eponymous rebellion that took place in Boston in 1773, the Tea Party's main philosophical thrust is against taxes, centralization of power and government overreach. Unlike it, it is also anti-immigrant. Because of the prevalent uncertainty about the economy, their discourse resonates with the electorate. To fight the federal government initiatives, they are finding their best institutional allies in the State governments, courts and legislatures. Indeed, judging by the poisonous political environment, the polarization of the electorate, and the state-based challenges to the federal government, at times it seems that only a Lincolnian figure can save America from another civil war.The so- called "States Revolution" is visible in many fronts. Five states have passed legislation against parts of the federal health reform law, and around 20 states are challenging its constitutionality through the court system. Several states legislatures are getting ready to pass laws modeled after the anti-immigration law in Arizona, which was deemed unconstitutional by a district court but has broad support in the population. It will probably end up in the Supreme Court, as challenges and counter-challenges continue. Interestingly, Obama is in fact deporting more undocumented workers than any of his predecessors, but his reform proposal would give a pathway to citizenship to these workers if they have a job, register with the US government, and pay a fine and back taxes. Immigration has been a thorny issue, with allies and foes on both sides of the aisle. After all, it was Ronald Reagan who gave amnesty to all illegal immigrants in 1986, and George Bush's proposal in 2006 was very similar to Obama's. This is hardly a philosophical issue on which the two parties diverge; it is just a populist cause that is being used by Republicans to stoke the flames of right-wing populism and racism prevalent in main sectors of the population.The backlash against undocumented workers is of such magnitude that it has come to encompass all immigrants. It has now taken the unlikely form of a movement to abolish or amend the 14th Amendment, a foundational provision dating from 1868 which grants citizenship to all born in the United States. The changing of the birth right rule is "worth considering" according to House Minority leader John Boehner (R-Ohio) because "it gives an incentive for people to come to the United States illegally to give birth here." This is outrageous pandering by the Republican Party who has always fathomed itself to be the staunchest defender of the Constitution, which they consider a sacred text to be read literally, with minimal interpretation. Such is the spirit of the times. Republican Senators Lindsay Graham and John McCain, the two most important and moderate voices on Immigration Reform have changed their positions (Mc Cain because he is facing a tough primary in his state of Arizona, against, who other, but a Tea Party candidate!) and have both agreed that it is worth a debate. This is not only unprincipled on their part, but also terrible long-term politics, since by taking this stance on immigration they are removing the possibility of regaining the support of the largest growing group of voters, namely the Hispanic or Latino population for years to come.Given the strong anti-incumbent and anti-Washington sentiment prevalent in the population, the results of the mid-term election are hard to predict because some Republicans may lose seats, too. However, the current projections of the Center for Politics at the University of Virginia give the Republicans a net win of 32 seats in the House, 7 seats in the Senate (they would need 10 to become the majority) and 6-7 governor seats. The coming mid-term election is being compared to the 1994 "revolution" led by Newt Gingrich which gave Republicans a majority in both the House and Senate. Just like Obama, Clinton was an "outsider" who was handed the presidency partly thanks to his charisma, but mainly because people were disappointed at George Bush Senior, and did not re-elect him. Clinton made health care reform the centerpiece of his first term but failed to get it through Congress. He did manage to pass a controversial crime bill that included a ban on assault weapons, which the Right traditionally opposes. He also raised taxes. Republicans attacked him with an abrasive campaign in favor of lower taxes, second amendment rights and smaller government, and won. Two years later, however, with a brighter economic outlook and a pledge to balance the budget, Clinton was re-elected.But the parallel should not be exaggerated since there are many differences as well. First, Obama did pass health care reform, and that should count have some weight among his supporters, hopefully enough weight to bring them to the polls November 2. Second, the Republican Party's image was not as tarnished in 1994 as it is today, mainly because they hadn't had a majority in Congress for a long time. A New York Times/CBS News poll this past February found that 57% of those polled has negative views of the Republicans this time. The anger is aimed at Washington as a whole and this may help Democrats. The main concern of Democrats in the House and Senate today is the demographics of mid-term elections: older (over 60) white voters, who are the core group of the Tea Party movement and the most outspoken against Obama and this Congress, are also the most likely to vote in mid-term elections. And the "enthusiasm gap" on the Left may induce many Obama supporters to stay home. On the other hand, the Democratic Party learned the lesson of 1994 and is better prepared for the fight: they have been raising money from early on, setting up voters' registration campaigns and trying to mobilize the same base that brought Obama to power two years ago. They stress his activist legislative agenda and its accomplishments: financial reform, health care, extension of unemployment benefits, an energy bill that came short of cap and trade but will meet some green energy goals. More importantly, they are framing the election as a choice between going back to the policies that got the country into the Great Recession, or moving forward with the new policies of corporate responsibility, accountability and more federal supervision of financial institutions in order to avoid similar crises.However, what is clear is that the anemic state of the economy and the high and sustained unemployment rate make all other tactics irrelevant. Uncertainty rules supreme in the minds of the electorate and with it, a fear of what the future may bring and a lack of confidence in the federal government. The Republican opposition is united and vociferous and its message simple and clear: no more taxes, no more deficits, no more government intervention, close borders to immigrants and focus on private job creation through tax cuts; what the federal government won't do, states will. The President should probably counterattack in kind and engage in this ideological battle, but he is not temperamentally suited for it. He dislikes ideological arguments because he wants to be the President of all Americans, as he pledged during his campaign. The next big decision Obama needs to make is whether to let the Bush tax cuts expire after Labor Day or to extend them for two or three years. He has announced his intention to maintain them for the middle class but to end them for the wealthiest individuals, those in the highest 2% income bracket. It would bring their income tax up from 35% to 39%, not a dramatic raise but one that will be resisted strongly by the opposition. Although Obama has a good argument to make (that the $700 billion dollars thus raised would help him reduce the deficit dramatically), there is fear in Congress Democrats that a two- week debate about tax cuts will help Republicans. In a perversely cynical way, perhaps a Republican win in the congressional elections may not be a bad thing after all, and may yet help Obama: let the Republicans make his case for him, that he himself is reluctant to make. Let them stand the public scrutiny and let the public judge if they can provide better, more novel solutions to job creation, to Afghanistan, to immigration reform. A weak performance by a Republican-dominated 112th Congress, an economy that is bound to recover as it enters its next cycle, and a Palin-Huckabee ticket may still get Obama re-elected in 2012.Senior Lecturer, Department of Political Science and Geography Director, ODU Model United Nations Program Old Dominion University, Norfolk, Virginia
The incentives of politicians to provide broad public goods and reduce poverty vary across countries. Even in democracies, politicians often have incentives to divert resources to political rents and private transfers that benefit a few citizens at the expense of many. These distortions can be traced to imperfections in political markets that are greater in some countries than in others. This article reviews the theory and evidence on the impact on political incentives of incomplete information for voters, the lack of credibility of political promises, and social polarization. The analysis has implications for policy and for reforms to improve public goods provision and reduce poverty.
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Navigating challenging and complex civic spaces is nothing new for local organizations working to advance the rights and inclusion of LGBTI communities. Join NDI Senior Program Officer for Citizen Participation for a conversation with three partners from across the globe working to sustain their advocacy for equality and inclusion, while tackling some of the unprecedented challenges posed by the COVID-19 pandemic. Find us on: SoundCloud | Apple Podcasts | Spotify | RSS | Google Play Whitney Pfeifer: Navigating challenging and complex civic spaces is nothing new for local organizations working to advance the rights and inclusion of lesbian, gay, bisexual, transgender, and intersex communities. Regardless of the levels of tolerance and legal protection in a country, these groups know how to quickly adapt and utilize innovative approaches to maintaining their work and advocating for change. Although the COVID-19 pandemic has forced organizations to cancel Pride events, training, and in-person advocacy efforts, LGBTI organizations have been quick to respond and adjust, playing an integral role in meeting the basic needs of LGBTI individuals while utilizing online creativity to stay connected and sustain LGBTI community building. Today, we are joined by three partners from across the globe, each working to sustain their advocacy for equality and inclusion, while tackling some of the unprecedented challenges posed by the pandemic. We'll be speaking to each of these local partners to discover how they have successfully built digital communities that achieved real-life results. Welcome to DemWorks. In Panama, Fundación Iguales is working to shift social attitudes towards greater respect and acceptance of LGBTI communities. Part of this process includes collecting stories of how LGBTI communities are being impacted by COVID-19 and its response, demonstrating that as humans, we are all impacted by the pandemic, regardless of how we identify. We spoke with Ivan to learn more. Ivan, thank you for joining us. Ivan: Thank you. WP: Could you tell us a little bit more about the LGBTI community in Panama and the types of challenges LGBTI individuals face in building and maintaining a community? I: We are a country between Costa Rica, who just last month legalized civil marriage for same sex couples, and Colombia, a country with equal marriage since April 2016. We're a part of that less of the 30% of Latin Americans who live in a territory where marriage equality is prohibited. Moreover, are known for public policies that takes into consideration LGBTI persons. The challenges, there are many. As a gay person, for example, I'm not protected by any non-discrimination law, or the gender identity of the trans community is not part of what is respected by the government. There is unfortunately still a lot of stigma and discrimination for being queer. We're a small country where there's a strong control from conservatives and religious groups, but what are the good news, I guess? The civil society is finally organized, and organizations like Fundación Iguales are doing a marvelous work promoting the respect of our human rights, creating community, helping the LGBTIQ community to be more visible, and therefore more respected by the general public. We start a legal process to have marriage equality in Panama since 2016. We are very optimistic we will conquer in the courts and in the public opinion, by strategic innovative and emphatic messages of equality. WP: You alluded briefly to how Fundación is contributing to building and strengthening the community in Panama. Could you discuss the facts a little bit more about how Fundación is contributing to and strengthening during these uncertain times? I: First of all, with positive messages and with a clear presence in national conversations about the measures during the pandemic, highlighting the reality of LGBTI persons. We have had a very tough situation with restriction based on sex to restrain mobility of people here in Panama, and that had impacted dramatically the trans community and the nonbinary community of Panama, in some cases affecting their access to food and medicines. Yes, to be able to even go to the supermarket and buy bread and milk. We decided to join forces with other organizations, specifically with an organization called Hombres Trans Panamá. It's an organization conformed by trans men to create a solidarity network. The network was created for two main activities. The first one, it is to assist directly trans and non binary people who register for humanitarian assistance. We already covered 120 people who were in need of food and medicines. The second part of that program is an online survey to register discrimination cases for the trans community during the quarantine time. We have already had the report of 26 cases, mostly of trans person who were restricted to enter supermarkets to buy food because their gender identity or expression did not match what the police "expect" from them that day. That report was sent to the government, to regional organizations that monitor human rights, and we hope that impact possibly their lives. For other programs that Fundación Iguales is promoting during this times of pandemic, one that is very important is a series of podcasts called Panademia LGBTIQ+, a program of Fundación Iguales with [foreign language 00:06:20], which is an independent group of journalists to highlight stories of LGBTI persons during these times, telling their stories, especially the trans community. WP: That sounds like a lot of excellent work and strengthening the collaboration between groups has been really effective, I think, in this COVID pandemic situation. I: Indeed. WP: You alluded briefly to these podcasts. Are there other forms of technology that Fundación is using to continue the work that you're doing? I: Yes, and that's very interesting because we have to reinvent our work, basically. Just before COVID, we finished a super nice, unprecedented program going through the different provinces of Panama that we call the human rights tour, with the idea to be more democratic on the contents of human rights, specifically talking about Inter-American Court of Human Rights decision on equal marriage and gender identity, the Advisory Opinion 24. It was such a success and we planned to right away continue around the whole country. With this situation we have, being confined at home with mobility restrictions, we have to change all that, but we were lucky to have a strong presence in social media with a robust content that we were able to share and build from it. Also, our capacity of doing initiatives jointly with other NGOs like I mentioned before and you highlight, were also key to show the work that we were doing on respecting human rights. That coordination and collaborations, like the podcast example, the solidarity network, the level of infographic videos and social media interactions of Fundación Iguales are very solid. Since we dedicate an important part of our work to be present in national and international platforms for political participation, that allowed us to be more visible and not to be forget during these complicated times, WP: It sounds that you've been able to pivot pretty smoothly and quickly, despite I'm sure what have appeared to be challenges that we're all facing during the pandemic. Would you be willing to talk about kind of the role and benefits of partnering with international organizations such as NDI in your work? I: When I started Fundación Iguales, I was very privileged to know that working with international organizations like NDI was essential. I lived almost eight years in Washington, D.C., And before that I studied in New York City, and I worked for almost eight years in multilateral organizations. That experience gave me a different look to understand how, and how specifically a country like Panama, a country with so many challenges, with the lack of the government support and local support, I would say, organizations and enterprises and so on ... so for me, it was very important to know that a key part of my work was to knock some doors abroad because it's essential to boost the work that we do here. Definitely, without the help, assistance, donations and more important, the moral support of embassies and organizations like NDI, our work would have been way more difficult than what actually is. WP: As NDI, we like to partner and collaborate with our partners and recognize you as the experts and provide the technical assistance and guidance as needed. So it's good to hear that this has been beneficial for Fundación. My last question is about what's next for Fundación? I: We're very focused that we want a social change for our country in a social change for good. We want a Panama where all persons will be respected and where they can all be happy. We want Panama to join the club of countries where same sex couples can have the support and protection of the government, and more importantly, where society in general welcomes their families. We're trans persons can fully live and decide about their dreams and lives. And we're going to conquer that by strategic campaigns, with messages, with empathy. WP: Thank you, Ivan, for taking the time to speak with us. We look forward to seeing what Fundación is able to do in creating a safer and more equal space for LGBTI communities in Panama. I: Thank you, it's been a pleasure. WP: For more than 35 years, NDI has been honored to work with thousands of courageous and committed democratic activists around the world to help countries develop the institution's practices and skills necessary for democracy's success. For more information, please visit our website at www.ndi.org. You've heard about how an organization is engaging with communities and collecting stories to plan for future advocacy efforts from Fundación Iguales. But what happens when you are in the middle of a project, when things get disrupted? LGBTI communities in Romania successfully organized to prevent an amendment to the constitution that would ban same sex marriage that was put to a referendum in 2018. In the aftermath of these efforts, there was a need to establish priorities moving forward and create space for dialogue within the community about the next steps for the overall movement. Mosaic organized different segments of the LGBTI community, including transgender communities, LGBTI, Roma, women, and older people to build consensus around an advocacy agenda moving forward. In the midst of these community outreach efforts, COVID-19 happened. Vlad Viski, executive director of MosaiQ is with us. Vlad, thanks for joining us. Vlad Viski: Thank you for having me. WP: Can you tell us a little bit more about your project? VV: Between 2015 and 2018, in Romania, there was a national campaign to change the constitution and ban gay marriages, initiatives which were supported by conservative groups and a large share of the political party. For three years, in Romania, society has been talking, probably for the first time in a very serious manner, about LGBTI rights, about the place for the LGBT community in society. This conservative effort ended with a failure at the polls for the referendum to change the constitution, only 20% of Romanians actually casting the vote for this issue when the minimum threshold of votation, of turnout, was 30%. This was possible with quite a successful campaign coming not from not only from MosaiQ but from other LGBTI organizations in Romania throughout the country. We all kind of went on the boycott strategy, we're actually asking people to boycott the referendum because human rights cannot be subject to a popular vote. Once the referendum in 2018 failed in Romania, there was a question in the community. What should we do next? How should our agenda look like for the next couple of years? We at Mosaic, we really tried to focus and we really thought the issue of intersectionality as being extremely important. This is how the idea of this project started, Engage and Empower was the name of the project. It focused on six groups within the LGBT community: transgender people, LBTQ women, elderly, people living with HIV, Roma LGBT people, and sex workers. WP: Could you talk a little bit more about how the organization is trying to maintain momentum in this community building efforts, despite what's going on with the pandemic? VV: We at MosaiQ, we had to reimagine some of the projects that we were involved in, so that included canceling events or postponing them or rescheduling for the fall. But the problem is also that we don't really know the timeline for this story or when it will end. We've had issues related to personal issues of people in the community. People living with HIV were not getting their treatment due to the fact that hospitals were closed except for the coronavirus. Then we've had issues related to sex workers not being able to work anymore. The issue of poverty has been quite an important issue. A lot of people have been laid off, a lot of people were not able to pay rent, a lot of people were either in unemployment benefits, and so on. At the personal level for us and as an organization, all of a sudden we got a lot more messages from people asking for help. We've tried to help them on a case by case basis. We are not a social health kind of organization, but we've tried to fix as many problems as we were able to. Then throughout this, and actually talking about issue of intersectionality and the issue of the project and the way we work with the Roma LGBT community, what we've witnessed throughout this pandemic and the lockdowns, especially, was an increase in violence, against Roma people from the police. So together with colleagues from civil society, especially Roma groups, we had to monitor hate speech in the media, monitor cases of abuse and violence from the police, and also make statements and letters to official institution, to the president and the prime minister and so on. So for us, it was an issue of also solidarity with other groups affected by the pandemic. WP: I believe that you've had to move some of your activities online, correct? VV: That was another part, which we kind of tried to make the best out of the situation. We felt that there were a lot of young kids, for example, who, because schools were closed, they had to go back and live with their homophobic parents. A lot of organizations, LGBT organizations in Romania were not able to have the Zoom meetings with their volunteers because they were living with homophobic or transphobic parents so they could not reveal what they were doing or who they were talking to. So the issue of depression and psychological pressure that comes on people being locked down, people trying to survive throughout this pandemic, we decided to have a campaign online, which was called MosaiQ Quarantine, and that included parties online in order to support queer artists who were not able to earn any money because there were no gigs. We organized these online parties and we paid them and we supported their work. Then we had the zoom talks with, or like talks online, with all of the organizations and groups in Romania, LGBT groups, to kind of better see the situation on the ground in different cities in Romania. That was for us extremely important because we felt like there was a need to have this dialogue within the community. Then we had the all sorts of posts on social media and different kinds of events. We also talked with organizations from the region, from the US, from Moldova, from Russia, to kind of see what the feeling also over there. So for us, it was quite an exercise to take advantage of the fact that using social media and using online tools, we were able to reach out to people who otherwise would not have been able to participate in our events, being so far away. WP: It sounds like Mosaic has certainly stepped up to the challenges. Could you just briefly talk about what NDI support has meant to Mosaic? VV: I think the project funded by NDI was extremely important, both for the community ... right now, we have an active Roma LGBT group. We have all of these, the issue of intersectionality being put on the agenda. We have the [inaudible 00:19:36] sports, which is a sports club run by women who is also trying to grow based also on the support that Mosaic has offered through NDI. We've had, at the Pride last season, the first Roma LGBT contingent putting the issue on the agenda. So for us, in many regards, this project kind of focused us more on this intersectional approach to activism and the need to include all voices within the community. The trust that they had in us was very important. WP: I'm glad to hear that it's been a fruitful partnership, both for NDI and Mosaic. Vlad, thank you so much for taking the time to speak with us. VV: Oh, that's it. WP: We'll be back after this short message. To hear more from democracy heroes and why inclusion is critical to democracy, listen to our DemWorks podcast, available on iTunes and SoundCloud. Before the break we heard from two partners using digital platforms to create and support communities. But how are groups sustaining their online networks and communities once created? Rainbow Rights trained paralegals in the Philippines on legal issues related to sexual orientation and gender identity and how to support LGBTI communities. Through Google Classroom, these paralegals formed an online network to help communities facing discrimination and violence. Eljay, welcome to our podcast. Could you tell us a little bit more about the paralegal support project? Eljay: Yeah. One of the main components of our community paralegal program is to create a national online platform wherein all of the trained paralegals of our organization will be able to share their experiences, their cases, and they could also refer some of the difficult cases to us. So that's the main idea. It's just that it gained a deeper significance in this COVID-19 pandemic that we're experiencing because a lot of legal organizations hurried to do to do what we had been doing in the past year, which is to create an online platform. Right now, even though there's a lot of problems in the Philippines barring the central autocracy, we have been maintaining the platform. People are still referring cases to us and we are working on those cases. Part of the deeper significance that it has is in the Philippines, human rights violations have increased because of the lockdown. So it became a source of reporting documentation for these human rights violations during the lockdown. We did not expect that it will evolve that way but we're happy that it has, and despite some connectivity issues in the Philippines, it has been reaping as well. WP: So when you're talking about the program, there've been increased human rights reports, is that generally more broad human rights abuses? Or are we talking specifically to the LGBTI community? E: Yeah, we accept every report on numerous violations, but we take on the LGBTI human rights violations specifically. When we receive human rights violations that is not really in our lane, so to speak, we refer them to bigger organizations. We have seen increased numerous violation against the LGBTQI community here. WP: You had mentioned that Rainbow Rights fortunately had organized the training for the paralegals before the pandemic hit and already have a plan in place to use online platforms, which was Google Classroom, to create this network across the country. You've briefly referenced what the current situation is like now, but could you go a little deeper into that? What kind of challenges is Rainbow Rights facing in continuing to engage with the community? E: As I have mentioned, maybe a bigger challenge is the connectivity issues in the Philippines. We don't have good internet here, and that's a challenge. It's also challenged to keep the interest level of our paralegals and keep them engaged. That is also challenged because they have bigger problems now. Because of the pandemic, they're thinking of their health, they're thinking of their livelihoods, and that is a challenge during these times. However, before the pandemic, we also saw that we had to be creative at the level of interest, so that's a challenge. The situation, it's working. Overall situation's working. We have referrals, we continue to share modules in our platform, refreshing their memory on the training. We also try to be light. There are some light moments so that they be so that they keep themselves also, the interest level is high and that they see us and they trust us in maintaining this platform. WP: You alluded to the fact that it's often difficult to maintain interest of your paralegals when engaging online. E: Basically, we had a two-pronged approach on this. One is to find the people who has a genuine interest to serve the community. So in our selection process, we have chosen people who have track records of service in their communities. The other side of the approach is to build on the spirit of camaraderie, friendship, and community solidarity between us. So even before the pandemic, we have been setting up calls and checking on them, even adding them on Facebook and Twitter just to continually engage with them. I think that's a big part of our strategies. We're also looking to ... I think in my personal view, I think a lot of what they do is labor, so I think in the future, we will be able to compensate them for their efforts in their community and we're looking into that as well. WP: That's really interesting. Could you speak a little bit more to the role and benefits of partnering with international organizations such as NDI in your work and as well as helping to sustain this national network? E: Yeah. I think it's invaluable. Foreign support, foreign funding support such as the NDI had been really great for us. We have been envisioning this project for a long time and NDI gave us the opportunity to really implement it. They also gave us a level of freedom in how to execute the program because there's a recognition that we in the ground know how to solve our problems. But there's also a lot of technical support aside from the funding. Like in digital security, NDI has given us a lot of resources, even given us a training for this and how to secure our online platforms. They also provided a lot of coalition building resources. So there, and I think we are also sharing what our experience with NDI to our other funders, because I think with NDI, we had a lot of freedom and we had a lot of support because you guys always check on us, so that's great. WP: Well, I'm glad to hear that NDI is taking care of our partners. Thinking about how June is Pride Month for a lot of communities around the world, and Pride is often equated to the community of LGBTI people around the world how would you say Rainbow Rights efforts have contributed to strengthening the community in the light of the violence and the discrimination that LGBTI people face on a daily basis in the Philippines? E: Since 2005, Rainbow Rights has been doing this approach wherein we come ... a top down approach at the policy level, but we also complement it with from the grassroots, bottom up approach. We make sure that whatever we bring at the policy level, it is informed by our grassroots services. I think that's one of our biggest contribution, is to really complement policy with experience on the ground. Most of the policies that we've pushed for is really coming from what our experiences and what are the real needs of the people that we serve in the communities. I think that's one of our biggest contributions in our approach. We're not just the legal, we don't just bring cases to court. We don't just bring legal expertise, but we also inform it with community level approaches and grassroots approaches. WP: Well, thank you LJ again for taking the time to speak with us and telling us a little bit more about how Rainbow Rights is contributing to a holistic support system to the LGBTI community in the Philippines. E: Thank you so much for this opportunity. WP: Thank you to Ivan, Vlad, and Eljay for sharing their experiences and for the work you're doing to advance LGBTI equality and inclusion, and thank you to our listeners. To learn more about NDI or to listen to other DemWorks podcasts, please visit us at ndi.org
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This paper aims to discuss how institutional racism plays a part in the continued criminalisation of cannabis in the United Kingdom. I will start with a short history of usage and attitudes toward cannabis in the United Kingdom, mainly England. I will then assess the relationship that the criminal justice system has with cannabis and its users, and delve into how racial bias operates within law enforcement, using stop and search as a point of focus. This paper will explore how these biases lead to a disproportionate application of the law on certain groups of people. It will be argued while using Canada as point of comparison, that cannabis is being used in the United Kingdom as a political tool to favour voters of certain demographics, and that while more research is needed to fully assess the effects of cannabis, the reasoning behind maintaining cannabis' status as a dangerous substance is both absurdly hypocritical and entirely no longer necessary. Medicinal, recreational, and the law The United Kingdom first listed cannabis as a prohibited drug in 1928 by adding it to the Dangerous Drugs Act 1920 in accordance with the International Opium Convention 1912. For an immeasurable amount of time the cannabis plant has been used recreationally, medicinally, and industrially across the planet, including many former British colonies and overseas territories.[1] The Misuse of Drugs Act currently lists cannabis and cannabis derivatives as Class B controlled drugs.[2] This classification means that it is a criminal offence in the United Kingdom to possess, grow, or supply cannabis to others. Section 6 of the act outlines the cultivation of any species of cannabis plant as a specific offence. Cannabis related offences are punishable through schedule 4 of the act. On indictment production or supplying of cannabis could result in up to fourteen years in prison, whilst possession alone, up to five years in prison, (an unlimited fine, or both). In 2004 cannabis was moved from Class B to Class C, which holds less prison time for possession while retaining the same fourteen years penalty for production and supply.[3] This was done after the Advisory Council claimed that even though cannabis was harmful, it was not as harmful as other Class B drugs; amphetamines, methylamphetamine, barbiturates, and codeine.[4] Another driving point was to take the pressure off arrests for possession of small amounts of cannabis to shift the focus of law enforcement toward other more dangerous drugs and crime.[5] This reclassification only stood for five years as cannabis returned to Class B in 2009 against the advice of the Advisory Council.[6] Currently in the United Kingdom a person can get a warning or Penalty Notice for Disorder (PND) for possession of small amounts instead of being arrested.[7] The United Kingdom was once the world's largest exporter of cannabis for medical and scientific use, producing around 95,000 kilograms of cannabis in the year 2016.[8] In 2015, that production was at 41,706 kilograms.[9] For a country so determined to prohibit the use and supply of cannabis within its borders, it is quite ironic that businesses are being licensed for production for export, and that production doubled in that year. Law and Enforcement: stop and search and racial bias Canada, having legalised recreational cannabis in October 2018, will be used as a point of comparison to explore the UK's complex legal and political relationship with cannabis. While recreational cannabis is still considered illegal in most of the world, many countries seem to not strictly enforce their laws. In pre-legalised Canada, cannabis use became increasingly socially acceptable. The enforcement of possession laws became less and less important to society, which was reflected in the prioritisation used by the police.[10] While unregulated sales remained illegal post the legalisation of medical cannabis in 2001, there still existed brick and mortar dispensaries where the public was able to purchase cannabis illegally. For the most part, law enforcement would leave them to their business unless they suspected a connection to gang violence, sale to minors, or other crime. It was common to see them reopen after being raided and shutdown.[11] Law enforcement in the United Kingdom has a lot of say about the way that perpetrators of cannabis-related crimes are dealt with. The Association of Chief Police Officers (ACPO) in the UK released an official policing guideline for cannabis possession for personal use in 2009 following the substance's return to a Class B status in the UK.[12] This document outlines whether a warning or PND should be issued in place of an arrest and explains the 'escalation policy' used to determine which of the three the perpetrator will receive. To determine the severity of the possession they look at 'aggravating factors' such as whether they were caught in a public place, whether a young person is involved or could be exposed to drug use, and repeat offences.[13] This document states the purpose of these 'aggravating factors' as 'The circumstances of the offence form part of the consideration in determining whether an arrest can be made and justified'.[14] So in theory as per this document an adult over the age of 18 with no prior history caught in possession of cannabis for personal use and not falling under any of the aggravating factors should be let off with a warning (which would not show up on a standard criminal record check) even though it is a Class B illicit drug. There are two important points regarding these guidelines. The first is that even though cannabis at this point had returned to Class B status, it was not being treated the same as other Class B substances – it is now being treated more leniently by law enforcement in comparison to other Class B substances. These more forgiving rules send a message to the public that even though cannabis was moved back to Class B status, it is accepted to be not as 'sinister' as the others. It begs the question of whether moving the drug back to Class B even had any bearing or real practical purpose. Herein lies an interesting unsynchronized relationship between the statute regarding the legality of cannabis and the approaches taken by law enforcement. Law enforcement is seemingly doing a better job than legislature at keeping up with public opinion by relaxing their approaches. Secondly, while they cover England, Wales, and Northern Ireland in a uniform manner, they are just that: guidelines. Each local policing authority has the prerogative of deciding how they may deal with a case of cannabis possession.[15] What is evident is that this prerogative is used, to varying degrees. Some policing authorities, such as Durham, have made public statements in which they have announced they will not be targeting individuals for possession for personal use.[16] An article in the Canterbury Journal interviews a resident that describes the city as 'weed central', indicating the city even has its own cannabis club (the Canterbury Cannabis Collective) that lobbies politicians at Westminster.[17] It would suffice to say that being affiliated with this cannabis club would be enough to fulfil the 'reasonable belief' that law enforcement needs to target someone. They are lobbying openly for the legalisation of cannabis, which indicates that law enforcement is largely just allowing it to happen. So, if the people want recreational cannabis legalised (or are indifferent to it), and law enforcement has begun acknowledging that it is not a priority for them to police, why has Westminster not caught up? Interestingly, in the same article another interviewee who is opposed to legalisation said she thinks, 'it'll increase the number of people smoking it by making it socially acceptable, like areas of Canada where people started smoking it openly and regularly once it had been legalised.'[18] This is statistically not true. According to Statistics Canada, self-reported cannabis use amongst Canadians rose from 14.9% before legalisation to 16.8% after legalisation. However, most of that difference of 1.9% could simply be accounted for by less hesitation to admit usage once it was not a criminal offence since results are self-reported. Additionally, respondents were to only report on whether they used in the three months prior to being surveyed.[19] So this is evidence of some apparent misconceptions about legalisation, and while a lax attitude from law enforcement may make cannabis users in those areas very happy, it is arguable that this prerogative in law enforcement's hands is a detriment to equal treatment of perpetrators of the same crime from different backgrounds. There are many facets to consider when discussing the United Kingdom's relationship to cannabis. For one, it is not a plant native to the country and its use was introduced during the colonial period mostly through the Indian subcontinent.[20] In South Asia, cannabis was widely used medicinally and recreationally and is considered in Hindu Ayurveda to be one of five sacred plants that relieve anxiety.[21] While many may think of cannabis in the context of a relaxed Caribbean stereotype (or even particularly Jamaican), the plant was first introduced to the Caribbean through the movement of Indian indentured workers brought there by the British regime.[22] The origins of this plant are culturally and socially connected to (but not exclusively) two racial groups, people of South Asian and of African descent. Its history plays a part in the way that it is viewed socially. It is no secret that both of these racial groups have faced tribulations at the hands of British colonialism, the legacy of which still lingers. One of these tribulations that has spilt into our modern existence is the entrenched racism that plagues the criminal justice system in the United Kingdom, of which law enforcement plays a huge part. The demonisation of dark skin leads to a disproportionate treatment of people of colour by law enforcement, and a disproportionate number of arrests and convictions. Crimes involving cannabis are one of the ways in which this disproportionality is manifested, but it is in no way the only one. Stop and Search, and the Macpherson Report The Stephen Lawrence Inquiry, which in 1999 generated the Macpherson Report, followed the racially motivated murder of Stephen Lawrence in 1993.[23] It was an important conversation-starter on the processes used when investigating a racially charged crime, in this case the murder of a black British teenager by a group of white youths. Under 'stop and search' police officers can search you if they have 'reasonable grounds' to suspect you are carrying illegal drugs (or similar), or without reasonable grounds if it was approved by a senior officer.[24] According to the Home Office, as of the 2011 census, persons of black ethnicity comprise about 4% of the population of the UK, yet the Ministry of Justice reports that they are involved in about 20% of all drug stop and searches as well as prosecutions for cannabis.[25] With people of black ethnicity there is also a higher number of prosecutions than there are stop and searches in comparison with people of white ethnicity. The racial element of these statistics is clear. If only 4% of the population is represented by black ethnicity, why are they involved in 20% of the searches? There is no correlation to suggest people of black ethnicity consume more cannabis in the UK. According to statistics on drug misuse available through the UK Government's website, in the 2018/2019 findings of adults aged 16 to 59, 8% of the white respondents versus 6.7% of the 'Black or Black British' respondents reported use of cannabis in the previous year.[26] Stop and search gives individual police officers the power to use their own judgement to decide whether a person may be involved in a crime of some sort without seeing a crime being committed (in this case, in possession or planning to supply illicit drugs). Stop and search methods have been thoroughly scrutinised and continuously reformed as many do believe that they are not effective or an efficient use of law enforcement's time and resources.[27] The idea of law enforcement being able to search anyone they feel necessary could lead to a gross misuse of power. Figure 1[28] Figure 1 illustrates the bias that exists within this system of law enforcement. The dotted flat line represents the likelihood of a person of white ethnicity being stopped within the years 2014-2016. Every non-white group surveyed had a higher probability of being involved in a stop and search. The black community does not consume more cannabis, and therefore should not be any more likely than someone of white ethnicity to be in possession of cannabis. Yet black individuals are still 6.5 times more likely to be stopped. According to the same data bank, people of black ethnicity used all surveyed drugs (powder cocaine, ecstasy, hallucinogens, amphetamines, mephedrone, ketamine and cannabis) less commonly than those of white ethnicity.[29] The obvious link: racial bias. By this logic, police officers are, even unconsciously, under the impression that a black person is more likely to be involved in something illegal. The result of that is that the black population are being disproportionally affected by the law – a gross miscarriage of justice. We as citizens may want to believe that these statistics are an improvement, that the racial bias in the United Kingdom is a work in positive progress. However, 'figures for 1997/98 show that "black people were, on average, five times more likely to be stopped and searched by the police than white people." Black people are also "more likely to be arrested than white or other ethnic groups."'[30] Many of these statistics are also based on self-identified ethnicity, where as to clearly see a bias or prejudice, one must know what others assume that person's ethnicity to be. What they identify themselves as, may be a useful indicator of how others view them, but it does not necessarily facilitate an understanding of the exact impact of racial identity on law enforcement. The Macpherson Report is arguably one of the most important modern documents outlining the racial biases within the UK's criminal justice system. What it found was astonishing evidence exposing racial bias within the response and investigation of the death of Stephen Lawrence. No police officer on the scene performed any form of first aid after finding him, nor did they check his vitals to see if he was still alive.[31] The victim's parents reported being treated unprofessionally with insensitivity and were deprived of information regarding the case which they were entitled to. There was evidence suggesting that the perpetrators were not arrested for the crime, because they were white even though they were suspects with sufficient evidence to procure a warrant. In general, they found that there was a lack of enthusiasm to find the murderers of a black man by white suspects.[32] While murder is beyond the scope of this essay, the findings of this report solidify the notion that in multiple ways people of black ethnicity are victims to the institutional racism present in the criminal justice system. Cannabis and politics The current Prime Minister of Canada Justin Trudeau and his Liberal Party's political crusade to legalise recreational cannabis use in Canada sat on two very important points: to make it harder for minors to access cannabis, and to tackle gang violence associated with cannabis sales.[33] Legalisation of cannabis was just one of the ways in which Justin Trudeau managed to rally two unlikely voter demographics: people of colour, and young voters between the age of 18-25. This won him two consecutive federal elections, while remaining at the time relatively appealing to the older voters.[34] With the changing demographic in Canada, rallying these voters was, and remains, a key political tool to holding power. He, like his father, former Prime Minister the late Pierre Elliott Trudeau, prized multiculturalism in his political platform – a concept very important to the Canadian identity and society. The Canadian Multiculturalism Act is a law passed in 1985 by the late Trudeau outlining all the ways in which it is expected that multiculturalism is to be upheld by the federal government. This includes, but is not limited to, 'ensur[ing] that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity.'[35] This policy of upholding diversity is part of the Canadian constitution. The closest comparable statute existing in the United Kingdom is the Equality Act 2010. This piece of legislation covers a wider breadth of demographical information that may lead to discrimination, including, but not limited to, race, religion, gender, and age. Section 1 of the Act outlines the duty that public figures such as ministers, courts, police, and councils have toward socio-economic inequalities: An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.[36] What is compelling is that Section 3 states that any breach of section 1 'does not confer a cause of action at private law,'[37] which limits how these public bodies are held accountable for breaching the Act and is realistically mostly just applicable to employers' relations with employees. The purpose of this act reads like a guide on what your legal options are if you feel that you were wrongly discriminated in the workplace by any of the protected demographics. The purpose of the Canadian Multiculturalism Act is to focus much more on the acts and efforts that are expected of the Federal Government to uphold the integrity of diversity by recognising differences and adopting practices to accommodate them. This also includes promoting the use of languages other than English and French, the two official languages.[38] The entrenchment of this Act into the Canadian constitution, and the language used within it, shows just how important it is to Canadian society, run by a liberal government, as it holds everyone, including federal bodies, accountable for nurturing diversity in Canada. Whether or not it always plays out that way is beyond the scope of this paper. There is a political connection with the way in which cannabis is 'officially' viewed versus the way that it is socially viewed when comparing Canada and the United Kingdom. Dalhousie University in Halifax published a study suggesting that 68% of Canadians (another 6.9% were indifferent) supported the legalisation of recreational marijuana in September 2017.[39] In a poll by YouGov for the Conservative Drug Policy Reform Group in the UK, 48% supported legalisation while only 24% opposed.[40] If that was not enough, a government survey found in 2017/2018 that 30% of adults aged 16 to 64 have tried cannabis at least once.[41] If the majority of the country is supportive or indifferent to the legalisation of recreational cannabis, why are the two governments approaching the idea so differently? This puts into question the strength of democracy in the United Kingdom as well, since the existing legislation does not reflect public opinion. In 2019 three Members of Parliament from three parties visited Canada in order to evaluate the legal cannabis sector first-hand. Not surprisingly, the Liberal Democrat and Labour MPs later declared that they would support a change in 'cannabis legislation in the next five to ten years'. Only the Conservative MP did not show support for cannabis legalisation following the visit.[42] The Conservative Party of the UK has historically maintained that cannabis should remain an illegal substance.[43] There have also been allegations of racism linked to the Conservative Party and its leaders. One such point is the commentary on Enoch Powell's 'Rivers of Blood' speech in 1968 which, riddled with racist undertones, was aimed against the 1968 Race Relations Bill.[44] This bill made it illegal to refuse employment, public services, or housing to any person based on colour, race, or ethnic origin.[45] More recently, the current Prime Minister Boris Johnson has been quoted numerous times making racist comments. An article for the Guardian mentions that in articles written by Johnson before becoming Prime Minister he has referred to black people as 'piccaninnies with watermelon smiles' as well as claiming that the police were 'cowed' by the Macpherson Report.[46] While these claims were not made while he was in office, they are a glimpse into the rhetoric that has been accepted by the Conservative Party. An NHS study suggested that while around 10% of cannabis users may develop an addiction to cannabis, 32% of tobacco users and 15% of alcohol users will become addicted to tobacco and alcohol, respectively. There is also no recorded case of death caused by cannabis in the United Kingdom.[47] Alcoholchange.org has compiled statistics from the government showing that 24% of adults in England and Scotland regularly drink more than what is considered low-risk[48]; they found that in 2016 there were 9,214 alcohol-related deaths.[49] The Office for National Statistics found that 14.7% of adults over 18 years of age smoked cigarettes in the UK in 2018. In the same year there were 77,800 deaths attributed to smoking tobacco in the UK.[50] So, on the basis of death and addiction, cannabis seems to be relatively low risk compared to two substances that are legal and regulated. Yet, it is health concerns that are repeatedly cited when officials are asked about why there has been no significant movement toward legalisation of cannabis.[51] Conclusion: A long road to legalisation There is a worldwide shift happening in terms of social views of cannabis use. In Canada, while cannabis was still illegal it was clearly not a major concern of law enforcement, and there seems to be a similar attitude in the United Kingdom where other forms of crime take a greater importance. There is a complex web of connection between institutionalised racism, parliament, law enforcement, and politics regarding cannabis. There is a visible lag when it comes to legislation and law enforcement being up to date with social attitudes and there is clearly a disconnect between them. It seems even law enforcement does not stand on the same side of legalisation as current legislation. They seem to be shifting toward polled public attitudes that possession of cannabis and personal recreational use should not be criminalised. Talking about the impact of a law moves far past the wording of the provision or the sentencing for the crime. Law enforcement is a key piece of the system that perpetuates this racial oppression. Even with the public support for cannabis legalisation, changing social attitude, and the prevalence of usage it does not necessarily look like the English Parliament will be pushing any bills forward to make that a reality anytime soon, especially not under a Conservative government. By looking at two multicultural countries we are able to see how political differences impact the legality of cannabis. The uses of cannabis in many other countries are tied to cultural significance as well as social tolerance such as in India, mentioned previously. Cannabis is not the problem; it is the connection to organised crime and violence which can be tackled through government regulation. This has been shown in the data gathered by statistics Canada showing that in every province and territory, legalisation has brought at minimum a 26% decrease in police reported cannabis offences.[52] It is important that we continue to question the legitimacy of the claims the government makes about why they refuse to legalise and regulate cannabis as well as the institutionalised racism involved. There is evidence to suggest that the government has been using cannabis as a proverbial 'garden tool' to weed-out groups that they choose to target, or they believe are less important, and there is plenty of evidence showing that it is the black community that received the short end of that stick. All should be equal before the law, but this is virtually impossible to uphold when the law is represented through people, because people make judgements based on their inherent biases. There is no one statistic, statute, or study that will conclusively prove that politicians through the ages have used cannabis to paint a target on the backs of the black community, but there is evidence of it everywhere. With the information that we do have in consideration, cannabis is no more dangerous to human health than alcohol and tobacco. Continuing to demonise cannabis and insist that it should have no place in the UK's society is hypocritical. Based on the attitudes of the public, as well as law enforcement, its criminal status is also completely unnecessary. There are better things for the justice system to be focusing on, and worse things to be keeping out of society. [1] Mohamed Ben Amar, 'Cannabinoids in Medicine: A Review of Their Therapeutic Potential' (2006) 105 Journal of Ethnopharmacology 1. [2] Misuse of Drugs Act 1971, Schedule 2 Part II. [3] ibid Schedule 4. [4] Patrick McCrystal and Kerry Winning, 'Cannabis Reclassification: What is the Message to the Next Generation of Cannabis Users?' (2009) 15 Child Care in Practice 57. [5] 'Cannabis Reclassification' (Press Releases, 28 January 2005) accessed 20 April 2020. [6] McCrystal and Winning (n 4). [7] Simon Byrne, 'ACPO Guidance on Cannabis Possession for Personal Use: Revised Intervention Framework' (Association of Chief Police Officers, 28 January 2009). [8] '420: Seven Charts on How Cannabis Use Has Changed' (BBC News, 20 April 2019) accessed 12 March 2020. [9] 'Comments on the Reported Statistics on Narcotic Drugs' (International Narcotics Control Board, 18 October 2012) accessed 28 April 2020. [10] Marc I D'Eon, 'Police Enforcement of Cannabis Possession Laws in Canada: Changes in Implementation by Street-Level Bureaucrats' (Master's thesis, University of Saskatchewan 2017) accessed 28 April 2020. [11] Zach Dubinsky and Lisa Mayor, 'Who's Really behind Toronto's Chain of Illegal Pot Shops That Won't Quit?' (CBC News, 19 July 2019) accessed 28 April 2020; Robert Benzie, 'Trudeau urges police to "enforce the law" on marijuana' (The Star, 3 December 2016) accessed 4 May 2020. [12] Byrne (n 7). [13] ibid 4. [14] ibid 9. [15] Tom Harper, 'Police "Going Soft" on Cannabis Users' (The Times, 6 April 2019) accessed 2 May 2020. [16] Damian Gayle, 'Durham Police Stop Targeting Pot Smokers and Small-Scale Growers' (The Guardian, 22 July 2015) accessed 25 April 2020. [17] Pub Spy, 'Canterbury is "weed central" so why don't we just legalise it, say potheads' (The Canterbury Journal, 2 March 2018) accessed 28 April 2020. [18] ibid. [19] Michelle Rotermann, 'What has changed since cannabis was legalized?' (Statistics Canada, 19 February 2020) accessed 28 April 2020. [20] Leslie L Iversen, The Science of Marijuana (OUP 2008). [21] Chris Conrad, Hemp for Health: The Medicinal and Nutritional Uses of Cannabis Sativa (Healing Arts Press 1997). [22] Ivelaw Lloyd Griffith, Drugs and Security in the Caribbean: Sovereignty under Siege (Pennyslvania State UP 1997). [23] William MacPherson, The Stephen Lawrence Inquiry (The Stationery Office 1999). [24] Government Digital Service, 'Police Powers to Stop and Search: Your Rights' (GOV.UK, February 23, 2017) accessed 28 April 2020. [25] Benzie (n 11). [26] 'Drug Misuse: Findings from the 2018 to 2019 Crime Survey for England and Wales' (Home Office, 19 September 2019), 18. Available at . See Figure 3.1 'Proportion of 16 to 59 Year Olds Reporting Use of Illicit Drugs in the Last Year by Personal Characteristics'. [27] 'Stop and Search: How successful is the police tactic?' (BBC News, 4 April 2018) accessed 28 April 2020. [28] Jodie Hargreaves, Chris Linehan, and Chris McKee, 'Police powers and procedures, England and Wales, year ending 31 March 2016' (Home Office, 27 October 2016), 26. [29] 'Stop and Search…' (n 28). [30] MacPherson (n 23). [31] ibid. [32] ibid. [33] Benzie (n 11). [34] 'Youth Voter Turnout in Canada' (Publication No. 2016-104-E, Library of Parliament, Canada, 13 October 2016). Available at . [35] Canadian Multiculturalism Act 1985 s3(1)(e). [36] Equality Act 2010 s1(1). [37] ibid s3. [38] ibid s3(1)(i). [39] Sylvain Charlebois and Simon Somogyi, 'Marijuana-infused food and Canadian consumers' willingness to consider recreational marijuana as a food ingredient' (September 2017) accessed 28 April 2020. [40] Elena Mazneva, 'U.K. Legalizing Cannabis Supported by Near-Majority of Voters' (Bloomberg, 14 July 2019) accessed 28 April 2020. [41] 'Drug Misuse: Findings from the 2017/18 Crime Survey for England and Wales' (Home Office, July 2018). Available at . [42] Emily Ledger, 'Cannabis Policy of the Political Parties – the Conservatives' (The Cannabis Exchange, 30 November 2019) accessed 26 April 2020. [43] ibid. [44] Michael Savage, 'Fifty Years on, what is the legacy of Enoch Powell's "rivers of blood" speech?' (The Guardian, 15 April 2018) accessed 26 April 2020. [45] Race Relations Act 1968. [46] Frances Perraudin, 'New controversial comments uncovered in Historical Boris Johnson articles' (The Guardian, 9 December 2019) accessed 27 April 2020. [47] Maria Correa, 'How Close Is the UK to Legalising Cannabis?' (The Lawyer Portal, 8 January 2019) accessed 26 April 2020. [48] 'Alcohol Statistics' (Alcohol Change UK, 2 March 2020) accessed 27 April 2020. [49] Melissa Bennett, 'Dataset: Alcohol-related deaths in the UK' (ONS, 7 November 2017) accessed 26 April 2020. [50] Danielle Cornish and others, 'Adult smoking habits in the UK: 2018' (ONS, 2 July 2019) accessed 26 April 2020. [51] Advisory Council on the Misuse of Drugs, 'Cannabis: Classification and Public Health' (Home Office, April 2008) accessed 27 April 2020. [52] Gregory Moreau, 'Police-reported cannabis offences in Canada, 2018: Before and after legalization' (Statistics Canada, 24 July 2019) accessed 27 April 2020.
Striking, overtime bans and refusing to carry out certain tasks[1] are collective forms of actions that can arise from workplace disputes. These industrial actions are of fundamental importance: the temporary halt in work production leverages a demand to enforce workers' rights. Despite this, the UK does not recognise the legal right to withdraw labour. Instead, the UK's "right to strike" is said to depend on a complex statutory scheme[2]. This article will analyse a variety of sources, "statutes such as TULRCA 1992, the common law, Convention rights, and relevant case law[3]", to determine whether the UK's "right to strike" "is a classic instance of a 'legislated' right[4]" or if it is merely a "slogan/legal metaphor[5]". [1] Hugh Collins, Aileen McColgan and Keith D Ewing,Labour Law(2nd edn, Cambridge University press 2019) pg.706. [2] Alan Bogg and Ruth Dukes, 'Statutory Interpretation and The Limits of a Human Rights Approach: Royal Mail Group Ltd V Communication Workers Union' (2020) 49(3) Industrial Law Journal pg.478. [3] Ibid, pg.478. [4] Ibid, pg.478. [5] Metrobus v UNITE [2009] EWCA Civ 829 (Maurice Kay LJ). - 'In truth, the "right to strike" in the UK depends for its realisation on a complex statutory scheme. Even in jurisdictions where the right to strike is specified textually in a constitutional document, such a complex right must be operationalised through labour statutes. It is a classic instance of a "legislated" right. Since the enactment of the Human Rights Act, and the evolving jurisprudence of the ECtHR, UK law may now be described as protecting a right to strike albeit one that is pieced together from a variety of sources: statutes such as TULRCA, the common law, Convention rights, and relevant case law.'[1] Does this statement accurately encapsulate the UK law on the 'right to strike'? How do the different sources of law interact and what factors determine the correct balance to be reached between competing interests in regulating industrial action? Use case law, statute, legal commentary and social science material in your answer and provide illustrations to support your analysis. In line with socialism and Professor Beverly Silver's assertions, capitalism is established upon 'two contradictory tendencies': 'crises of profitability and crises of social legitimacy'.[2] This 'inherent labour-capital'[3] struggle is reflected within the UK's hostile regulation of industrial action. The courts' and legislature's ideological approaches towards the collective right to withdraw labour unanimously and substantially favours economic growth above social welfare.[4] Striking, overtime bans, and refusing to carry out certain tasks are collective forms of actions that can arise from workplace disputes.[5] These disputes typically occur because employers are unwilling to negotiate with employees and workers about their working terms or conditions. Undeniably, the duration – and the aftermath – of the collective action results in financial losses to the business and affect innocent third parties (i.e. the general public).[6] Therefore, in order to appease and 'bring the labour under control', the capital would 'have to make concessions [i.e. comply with the strikers' new terms], which provoke crises of profitability'.[7] However, the loss suffered by a business[8] during and after industrial action is justified on two persuasive grounds. The first ground identified by Gwyneth Pitt is the human right aspect.[9] To restrict the right to strike would be akin to the horrific period of slavery,[10] where man had no power to withdraw his labour. This justification is recognising the inequalities in bargaining power between employer and employee.[11] This inequality has been further escalated by the growth of the modern-day unstable gig economy; one in nine UK workers are in precarious work.[12] This form of work has limited protection and much lower salaries.[13] Hence, a subsequent ground for the justification of withdrawal of labour is the equilibrium argument. The power of the employer and their actions can only be matched and questioned by a 'concerted stoppage of work'.[14] Essentially, the right to strike is more than the withdrawal of labour: it is also the encompassing 'right to free expression, association, assembly and power'.[15] Yet there is 'no positive legal right to strike in the UK'.[16] Instead, 'the "right to strike" in the UK depends for its realisation on a complex statutory scheme'.[17] In contrast to its neighbouring European countries' (Spain and Italy) jurisdictions 'where the right to strike is specified textually in a constitutional document', the UK law 'protects a right to strike … from a variety of sources: statutes such as TULRCA, the common law, Convention rights, and relevant case law'.[18] The accuracy of Bogg and Dukes' encapsulation of the UK law on the 'right to strike' and how the different sources of law interact will be subsequently discussed. Common Law Judiciary While Spain[19] and Italy[20] protect the right to strike by suspending the contract of employment during industrial action, this contract is broken under English law.[21] This is because the English common law does not confer a right to strike,[22] hence 'the rigour of the common law applies in the form of a breach of contract on part of the strikers and economic torts … [for] the organisers and their union'.[23] It is tortious and indefensible[24] to induce an individual to breach their contract of employment.[25] This principle was established in Lumley v Gye,[26] and this liability extends to trade unions in the context of industrial action.[27] Additionally, there are two further economic torts trade unions can be held liable for: liability for conspiracy to injure (Quinn v Leathem)[28] and causing loss by unlawful means. UntilOBG Ltd v Allan, Douglas, and others v Hello! Ltd,[29] the 'tort of procuring a breach of contract had been ["blurred"[30] and] extended [to be a wider] tort of unlawful interference with contractual relations'.[31] These torts were later distinguished and separated in the House of Lord's (HoL) judgment of OBG v Allan. While it is not often, the courts are encouraged to distinguish and introduce new torts. The HoL in OBG v Allan subsequently outlined the distinguishing elements between unlawful means and the tort of procuring a breach of contract. The tort of procuring a breach of contract is an accessory liability. Whilst the tort of unlawful means is a 'primary liability that is not dependent on the third party having committed a wrong against the claimant'.[32] Yet, despite the tort differences, the HoL confirmed that the same act could give rise to liability under both unlawful interference and procuring a breach of contract.[33] This clarification and the development of unlawful interferences as a separate liability has notably accommodated employers in holding trade unions liable for more than one tort. The OBG v Allan judgment is significant for discussing industrial action for two notable reasons. The first is that it confirms the judiciary's 'uncontrolled power'[34] in developing and 'defining torts boundaries on a case-to-case basis.[35] This power is 'ensur[ing] that trade unions cannot provide a lawful excuse or justification for their actions'[36]; trade unions are ultimately 'stood naked and unprotected at the altar of the common law'.[37] The insufficiency of protection for trade unions under the common law exhibits the judiciary's biased and hostile ideology towards industrial action.[38] This subsequently aligns with the following observation: the courts favour economic profits. This is discerned by the extent to which the contemporary judiciary extends protection for commercial bodies.[39] The primary function of English tort law was to protect physical integrity and property rights; tort law was never concerned with the protection of economic interests.[40] Nor had the common law ever been historically exercised to 'legitimately control aspects of the economy'[41] and yet OBG v Allan demonstrates the extent to which this has now changed. The judiciary has extensively and needlessly stretched the common law and its torts[42] to protect 'already powerful organisations'.[43] Hence, from the perspective of trade unions and their members, the common law's (inadequate) protection for the 'right to strike' has been, undeniably, very disappointing. Statutes Legislature One of the major problems facing trade unions was the 'exposure of their funds to legal action by employers'[44]; in 1901, Taff Vale Railway Co successfully sued the Amalgamated Society of Railway Servants union for £42,000.[45] This sum is equivalent to £5,196,328.39 today. This verdict, in effect, eliminated 'the strike as a weapon of organized labour'.[46] Naturally, workers turned to political parties for redress. The concern and advocacy for trade union reform accounted for 59% of the winning Liberal party's election manifesto.[47] The Liberal government, led by Prime Minister Henry Campbell-Bannerman, provided unions with wide immunity against any tortious liability arising from trade disputes under The Trade Disputes Act (TDA) 1906. Although this Act did not introduce a 'legislated right' for industrial action,[48] this statute effectively recognised the vulnerability of unions under the common law by 'secur[ing] a [statutory] freedom' instead. [49] The TDA is one of the 'mostimportantpieces oflabour legislationever passed by a British Parliament'[50]; it effectively 'kept the courts at a minimum'[51] and neutralised the most obvious adverse effects of the Taff Vale judgment. The 'sympathetic politicians' were 'periodically reconstructing' the role of the 'class-conscious', profit-favouring judiciary.[52] The outcome of the 1906 general election 'served the unions' interests well'[53] and it continued to for 65 years. The 'long enjoyed'[54] immunity of trade unions for liability in tort was reduced to partial immunity under the Thatcher government (1979-90). There is a 'scale of government ideology' which ranges from 'fully participative' to 'fully authoritative',[55] and the Thatcher government was the undoubtable latter. The Conservative ideology and economists, such as FA Hayek, viewed trade unions as an obstacle to economic growth.[56] This perception was heightened by the Winter of Discontent (1978-79): a period characterised by widespread of strikes in response to the Labour government's wage cap (to maintain falling inflation).[57] Subsequently, Thatcher's government further justified the re-introduction of liability for trade unions upon the succeeding Green Papers: the 1981 Trade Union Immunities[58] and the 1989 Trade Unions and their Members.[59] Both papers outlined concerns regarding democracy, rights, and freedom of trade union members; 'too often in recent years it has seemed that employees have been called out on strike by their unions without proper consultation and sometimes against their express wishes'.[60] Accordingly, the Thatcher government introduced legislation that prior Conservative governments were afeard of passing: the Employment Act 1980, Trade Union Act 1984, and Trade Union Reform and Employment Rights Act 1993. These re-introduced vulnerability and high costs for unions. Under the Employment Rights Act 1980, 'trade-dispute' was re-defined, statutory liabilities were introduced and unions were exposed to injunctions and claims for damages. However, upon complying with the stringent balloting requirements (from secret ballot to the requirement for all ballots to be postal) in the 1984 and 1993 Acts, the dispute would be deemed lawful.[61] It is expensive for unions to comply and evidence the fulfilled balloting requirements, but if lawful union members are statutorily protected from unfair dismissals and injunctions.[62] While this is a brief summary of the Acts, these restrictive measures offer an insight into the Thatcher government's success in exercising its agenda of restricting the lawfulness of industrial action by limiting its previously protected scope and purposes. Subsequently, the process of placing further controls on trade unions continued into the 21st century.[63] The 2015 Conservative government introduced the 'draconian'[64] Trade Union Act 2016 (TUA) – the most significant union legislation since the Employment Act 1980. The TUA introduced a minimum threshold of eligible members to vote in the ballot (at least 50% turnout and 50% voting in favour).[65] Moreover, in the instance the members are engaged in 'important public services',[66] 40% of all members entitled to vote must have voted in support of the industrial action. These stringent procedural requirements have to be strictly followed for a strike to be lawful.[67] Oddly, there was no pressing need to introduce these restrictive measures.[68] There were no significant problems in industrial relations at the time (ie, Winter of Discontent) nor any significant 'pressure from business for further laws on strikes',[69] but the Conservative government justified these 2016 measures through the findings of Bruce Carr QC and Ed Holmes.[70] The Government submitted the Carr Review to indicate a consistent pattern of union bullying workers, and yet Carr himself 'did not contend his findings to be a sufficient basis' for influencing the TUA.[71] Instead, the true motivations behind the government's 2016 legislative programme are observed by the 'striking resemblance'[72] to Ed Holmes Modernising Industrial Relations (MIR) paper.[73] The policy paper daringly questioned the necessity of protecting industrial action by reflecting on the development of employment tribunals and discussing the economic consequences of strikes. The same 'free-market economic theory' that underpinned the MIR's recommendations 'drove' the pragmatically restrictive and economically influenced 2016 statute developments.[74] The substance of today's statute in protecting trade unions 'is far removed and much weaker than the position established in 1906'.[75] Since the Henry Campbell-Bannerman leadership, trade union membership has declined by more than half due to the 'three successive Conservative governments [who] have enacted labour legislation opposed by unions'.[76] It appears the deep-rooted ideology of the political party in power influences the legislative steps for protecting trade unions.[77] Therefore, the extent of the Conservative government's 'authoritarian, class-biased and oppressive'[78] industrial action policies will be exemplified and 'more evident than they are today when a Labour government is elected again'.[79] Judiciary While the likes of Maurice Kay LJ and Lord Neuberger MR 'characterised the statutory immunities as limited exceptions to the common law' to justify interpreting the statute provisions 'strictly against the trade union', the court's overall response to industrial action 'has been more mixed'.[80] The court in Merkur Island Shipping v Laughton[81] developed a three-part test to examine the legality of industrial action. This test encapsulates the substantive and procedural requirements for a lawful strike whilst observing the intertwined and 'uneasy' relationship between the common law and statute.[82] If the industrial action is unlawful at common law, the judiciary asks whether there is a 'prime facie statutory immunity' for the commission of torts.[83] This substantive question considers whether the action was 'in contemplation or furtherance of a trade dispute'[84] before questioning whether the immunity had been procedurally lost by one of the three specified statutory reasons in TULRCA 1992.[85] The union's partial immunity could be lost for minor 'inconsequential breaches of the statutory rules'[86]; there is a series of High Court instances of injunctions being granted to 'ever more powerful and well-resourced employers'[87] owing to invalid strike ballots.[88] The readily available labour injunctions continued to be the "key piece[89]" of suppressing collective action until the minor development in 2011. In RMTv Serco Ltd;ASLEFv London and Birmingham Railway Limited (RMT and ASLEF),[90] the Court of Appeal approved and applied Millett LJ's 1996 observation in London Underground Limited v National Union of Railwaymen, Maritime and Transport Staff:[91] 'the democratic requirement of a secret ballot is not to make life more difficult for trade unions … but for the protection of the Union's own members'.[92] Owing to this proposed democratic aim, the court in RMT and ASLEF confirmed it was 'to interpret the statutory provisions somewhat less stringently'.[93] This interpretation is a stark contrast to Maurice Kay LJ's understanding of parliament's intentions. The court furthered Millett LJ's aim by recommending a neutral, 'without presumptions one way or the other',[94] interpretation of TULRCA. Upon the fact TULRCA is premised on the existing common law framework, the court's 'judicial creativity' could have easily 'outflank[ed] the intentions of Parliament'.[95] Instead of a 'neutral' approach, the courts have the power to mitigate unions disproportionate vulnerability against injunctions, damages, and unfair dismissals by encouraging and favouring social legitimacy. Although, the RMT and ASLEF court 'only indicated a change in emphasis rather than substance'[96] (since unions are still burdened with the challenges of exercising a 'lawful' strike),[97] this judgment enhanced union's ability to resist injunction applications (as observed by Balfour BeattyEngineering Services Limitedv Unitethe Union).[98] The unbiased interpretation encouraged in RMT and ASLEF continues to be the leading approach to interpreting domestic statutes regarding industrial action. ECHR Judiciary Admittedly, the scope of Maurice Kay LJ's strict interpretation was narrowly limited by the European Court of Human Rights (ECtHR).[99] The ECtHR confirmed, in Enerji Yapi-Yol Sen v Turkey,[100] that Article 11 of the European Convention on Human Rights included protection of the right to strike. This Article, and Article 6 of the European Social Charter[101] bestow the right to strike for their member states members and due to the UK Human Rights Act 1998, 'British workers are understood to enjoy a right to strike'.[102] This, unlike the mere domestic statutory immunities, is the only instance of a 'legislated' right to strike in the UK.[103] Under section 3(1) of the Human Rights Act 1998, 'statutory provisions must be read and given effect in a way which is compatible with the Conventionrights'[104] – 'the opportunity to test this line of argument'[105] in the English courts arose in Metrobus Ltd v Unite the Union (Metrobus).[106] The Court of Appeal rejected the Enerji arguments; the Court denied the authority's relevance for the interpretation of UK statutory provisions. This judgment continues to be the leading precedent on the UK's provisions of Article 11,[107] despite the RMT and ASLEF judgment. In RMT and ASLEF, the UK courts acknowledged the 'clearly protected'[108] right to strike under ECHR Article 11. However, the court emphasised the importance of a 'fair balance to be struck between the competing interests of the individual and the community as a whole'.[109] The emphasised interests of the 'community' motivated the court's justification for the ban on secondary action owing to its 'potential to … cause broad disruption within the economy and to affect the delivery of services to the public'.[110] Subsequently, the court confirmed that this ban aligns with Article 11(2) 'on the basis of a wide margin of appreciation accorded to the State'.[111] While the court is correct to recognise their bestowed margin of appreciation, the court rationalised the granting of the injunction, 'which itself cost the union a substantial sum',[112] upon economic factors. This factor is not only 'wholly irrelevant to the specific facts of the application' but it disregarded and postponed 'the exercise of what was acknowledged to be a convention protected right'.[113] The court effectively and 'successfully prevented industrial action on the basis of legal' human rights provisions 'which are intended to benefit workers'.[114] In short, there 'is no point creating rights' or passing human rights legislation if the 'court is not prepared to defend them'.[115] There will continue to be an erosion of human rights protection until there is greater coordination between the domestic courts and the ECtHR. It is credible to conclude that the UK judiciary is more concerned with profitability, self-preservation of UK powers, and 'in appeasing political forces'[116] above the interests of the individuals it and the Convention Rights was established to serve. Legislature The RMT and ASLEF court's 'blessing of a wide margin of appreciation' in the 'encompassment' of Article 11 offered a 'green light for further restrictive legislation on industrial action' by the 'only too happy Government'.[117] Here, Boggs and Ewing detect 'the crude politics of power'.[118] Upon observing the Court of Appeal's reluctance to exercise EU conventions, and the UK courts' developments that continue to be 'very much in line with the political approach of the Conservative government',[119] it materialises that the court and government are not 'looking to open a third (ECtHR) front'.[120] The Government has recently launched an 'independent review' of the Human Rights Act.[121] The review aims to evaluate 'the duty to take into account' ECtHR case law and assess 'whether dialogue between our domestic courts and the ECtHR works effectively and if there is room for improvement'.[122] It is worth highlighting that this 'independent' review will be led by former Court of Appeal Judge, Sir Peter Gross – the same judge who remarked that 'the more that controversial areas are "outsourced" … the greater the challenge for … judicial leadership'.[123] The former judge is a notable advocate for greater domestic judicial leadership.[124] This advocacy hints the likelihood of the review condemning the relevance and precedence of the ECtHR (and Human Rights Act 1998) in 'controversial' matters such as industrial action. This review has the powerful ability to eliminate the only instance of a legislated right to strike in the UK.[125] Ultimately 'The notion of lawful industrial action is restrictive', the procedural requirements are 'onerous' and the consequences of unions liability for unlawful strikes are 'serious'.[126] Nearly two decades after the European Social Charter's review,[127] the UK still does not guarantee the right to strike. The precedent in Metrobus still stands. There continues to be a 'poorly reasoned and barely consistent' series of judgments 'by what looks like a weak, timid'[128] and politically influenced[129] judiciary. The enactment of the 'Human Rights Act and the evolving jurisprudence of the ECtHR'[130] will not prescribe a right to strike in the UK until the Supreme Court or ECtHR rule UK's current provisions as incompatible with Article 11. In truth, 'the right to strike [in the UK] has never been much more than a slogan or a legal metaphor'.[131] This 'slogan' is a regime of immunities that are purposely designed upon an overly complex and expensive statutory system.[132] These immunities are not adequately or proportionately protecting workers, unions, and one in nine vulnerable, precarious workers against the 'pitfalls'[133] of damages, injunctions, and unfair dismissals.[134] This system was successfully underlined with the political agenda of deterring trade disputes; the UK's worker strike total has fallen to its 'lowest level since 1893'.[135] The 'unanimous and hostile'[136] approach of the legislature and the judiciary towards industrial action exhibits the UK's covert 'culture of routinely disregarding'[137] social legitimacy in favour of profits. [1] Alan Bogg and Ruth Dukes, 'Statutory Interpretation and The Limits of a Human Rights Approach: Royal Mail Group Ltd v Communication Workers Union' (2020) 49 ILJ 477, 478. [2] Nicholas Pohl,'Political and Economic Factors Influencing Strike Activity During the Recent Economic Crisis: A Study of The Spanish Case Between 2002 And 2013' (2018) 9 Global Labour Journal 19, 21. [3] ibid, 21. [4] Harry Smith, 'How Far Does UK Labour Law Provide for The Effective Exercise of a Right to Strike?' (2014) 6 The Student Journal of Law accessed 15 December 2020. [5] Hugh Collins, Aileen McColgan and Keith D Ewing,Labour Law(2nd edn, CUP 2019) 706. [6] Gwyneth Pitt,Cases and Materials on Employment Law(1st edn, Pearson Education Limited 2008) 570. [7] Pohl (n 2), 21. [8] Beverly J Silver,Forces of Labor Workers' Movements and Globalization Since 1870(CUP 2003) 17. [9] Pitt (n 6), 570. [10] Manfred Davidmann, 'The Right to Strike' (Solhaam, 1996) accessed 15 December 2020. [11] Adam Smith,An Inquiry into The Nature and Causes of The Wealth of Nations(Cofide 1776). [12] Bethan Staton, 'The Upstart Unions Taking on The Gig Economy and Outsourcing' (Financial Times, 20 January 2020) accessed 16 December 2020 [13] Employment Rights Act 1996,s212. [14] Trade Union and Labour Relations (Consolidation) Act (TULRCA)1992, s246. [15] Brian Smart, 'The Right to Strike and The Right to Work' (1985) 2 Journal of Applied Philosophy 31. [16] 'Industrial Action' (UNISON National) accessed 7 December 2020 [17] Bogg and Dukes (n 1), 478. [18] ibid, 478. [19] Article 18 of the Spanish Constitution and regulated by Royal Decree-Law 17/1977 of 4 March on Labour Relations ('RDLLR') and Article 4.1.e) of the Spanish Workers' Statute. [20] Article 40 of theItalianRepublic Constitution of 1948. [21] Collins, McColgan, and Ewing (n 5), 714. [22] RMT v Serco; ASLEF v London and Birmingham Railway [2011] EWCA Civ 226, [2011] ICR 848 [2]. [23] Metrobus Ltd v Unite the Union [2009] EWCA Civ 829, [2010] ICR 173 [118]. [24] South Wales Miners' Federation v Glamorgan Coal Co [1905] AC 239. [25] Collins, McColgan, and Ewing (n 5), 714. [26] (1853) 118 ER 749. [27] Taff Vale Railway Co vAmalgamated Society ofRailwayServants [1901] AC 426. [28] [1901] AC 495. [29] [2007] UKHL 21, [2008] 1 AC 1. [30] 'House of Lords Overhaul Economic Torts' (Herbert Smith Freehills, 17 May 2007) accessed 9 December 2020 [31] ibid. [32] OBG v Allan (n 29). [33] ibid, [37]. [34] Hazel Carty, 'The Economic Torts and English Law: An Uncertain Future' (2007) 95 Kentucky LJ 849. [35] Lonrho v Fayed [1990] 2 QB 479, 492-93. [36] Collins, McColgan, and Ewing (n 5), 714. [37] ibid, 714. [38] ibid, 849. [39] ibid, 848. [40] ibid, 847. [41] ibid, 847. [42] Cartey (n 34), 847. [43] ibid, 849. [44] Richard Kidner, 'Lessons in Trade Union Law Reform: The Origins and Passage of The Trade Disputes Act 1906' (2018) 2 Legal Studies 37. [45] Taff Vale (n 27). [46] Merriam-Webster,Merriam-Webster's Collegiate Encyclopedia(Merriam-Webster 2000) 1157. [47] Kidner (n 44), 47. [48] Bogg and Dukes (n 1), 478. [49] RMT and ASLEF (n 22) [2]. [50] Keith Ewing, 'The Right to Strike: From the Trade Disputes Act 1906 To A Trade Union Freedom Bill 2006' (Institute of Employment Rights, March 2013) accessed 11 December 2020. [51] The Editors of Encyclopedia Britannica, 'Trade Disputes Act' (Encyclopedia Britannica, 20 July 1998) accessed 11 December 2020. [52] Ewing (n 50). [53] Encyclopedia Britannica (n 51). [54] FA Hayek, 'Trade Union Immunity Under the Law' The Times (London, 21 July 1977) 15 accessed 11 December 2020 [55] Davidmann (n 10). [56] Hayek (n 54). [57] Alex Kitson, '1978-1979: Winter of Discontent' (Libcom.org, 24 January 2007) accessed 11 December 2020. [58] Cmd, 8128, 1981. [59] Cmd 821, 1989. [60] Trade Union Immunities (n 58), para 247. [61] Trade Union Reform and Employment Rights Act 1993, s238A. [62] TULRCA 1992, ss237-38. [63] Michael Ford and Tonia Novitz, 'Legislating for Control: The Trade Union Act 2016' (2020) 45 ILJ 227. [64] Bart Cammaerts, 'The Efforts to Restrict the Freedom to Strike and To Deny A Right to Strike Should Be Resisted Fiercely' (LSE Blogs, 14 September 2015) accessed 11 December 2020. [65] TUA 2016, s226(2)(a) (ii). [66] ibid, s226(2)(e). [67] ibid, s238A. [68] Ford and Novitz (n 63), 291. [69] ibid, 291. [70] ibid, 291. [71] ibid, 291. [72] ibid, 279. [73] Modernising Industrial Relations n.7. [74] Ford and Novitz (n 63), 279. [75] Ewing (n 50). [76] Brian Towers, 'Running the Gauntlet: British Trade Unions Under Thatcher, 1979-1988' (1989) 42 ILR Rev 163. [77] Gareth Thomas and Ian K Smith,Smith & Thomas' Employment Law(9th edn, OUP 2007), 737. [78] Davidmann (n 10). [79] Bogg and Dukes (n 1), 492. [80] Ruth Dukes, 'The Right to Strike Under UK Law: Not Much More Than A Slogan? NURMT v SERCO, ASLEF v London & Birmingham Railway Ltd' (2011) 40 ILJ 302, 309. [81] [1983] ICR 490. [82] Collins, McColgan, and Ewing (n 5), 847. [83] TULRCA 1992, s219. [84] ibid. [85] ibid, ss222, 224, and 226. [86] Dukes (n 80), 309. [87] Kalina Arabadjieva, 'Royal Mail Group Ltd v Communication Workers Union (CWU): Injunctions Preventing Industrial Action and The Right to Strike' (UK Labour Law, 6 March 2020) accessed 12 December 2020. [88] TULRCA 1992, s226. [89] Arabadjieva (n 87). [90] n 22. [91] [1996] ICR 170. [92] ibid, [180]-[182]. [93] Dukes (n 82), 309. [94] RMT and ASLEF (n 22), [2]. [95] Smith (n 4). [96] Ford and Novitz (n 63), 281. [97] Arabadjieva (n 87). [98] [2012] EWHC 267 (QB). [99] Keith Ewing and Alan Bogg, 'The Implications of The RMT Case' (2014) 40 ILJ 221, 222. [100] [2009] ECHR 2251. [101] 'The right to bargain collectively.' [102] Keith Ewing and John Hendy, 'The Dramatic Implications of Demir and Baykara' (2010) 39 ILJ 2. [103] Bogg and Dukes (n 1), 478. [104] ibid. [105] Dukes (n 82), 303. [106] n 23. [107] Dukes (n 82), 310. [108] Ewing and Bogg (n 99), 221. [109] RMT and ASLEF (n 22), [77]. [110] ibid, [82]. [111] ECHR Art 11 (2). [112] Ewing and Bogg (n 99), 251. [113] ibid, 221. [114] Arabadjieva (n 87). [115] Ewing and Bogg (n 99), 223. [116] ibid, 251. [117] Ford and Novitz (n 63), 282. [118] Ewing and Bogg (n 99), 223. [119] Thomas and Smith (n 77), 737. [120] Ewing and Bogg (n 99), 223. [121] Ministry of Justice, 'Government Launches Independent Review of the Human Rights Act' (Gov.uk, 7 December 2020) accessed 15 December 2020. [122] ibid. [123] Jamie Susskind, 'Jamie Susskind Comments on Sir Peter Gross' Lecture on Judicial Leadership' (Littleton Chambers) accessed 15 December 2020. [124] ibid. [125] ECHR Art 11. [126] Ruth Dukes, The Right to Strike Under UK Law: Something More Than A Slogan? Metrobus v Unite The Union [2009] EWCA Civ 829' (2010) 39 ILJ 1, 7. [127] ESC, Report of the Committee of Experts 2002. [128] Ewing and Bogg (n 99), 251. [129] Thomas and Smith (n 77), 737. [130] Bogg and Dukes (n 1), 478. [131] Metrobus (n 23) (Maurice Kay LJ). [132] Bogg and Dukes (n 1), 478. [133] Dukes (n 125), 9. [134] ibid, 7. [135] Richard Partington, 'UK Worker Strike Total Falls to Lowest Level Since 1893' (The Guardian, 30 May 2018) accessed 15 December 2020 [136] Smith (n 4). [137] ibid.
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As much as COVID-19 is a health and economic crisis, at its core, it is also a governance crisis.
NDI President Derek Mitchell and new Director of Democratic Governance Kristen Sample delve into ways governments and the international community have risen (or not) to meet the challenges of the COVID-19 pandemic.
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Derek Mitchell: As we all continue to shelter in place and respond to the colossal health and economic crisis that is COVID-19, we must not forget that at its core, pandemics are as much a result of governance failure as any failure of healthcare or health system. Since working to support democratic processes, institutions and governance around the world is what NDI does for a living, we thought it useful to delve into the role governance has played in the COVID-19 pandemic with NDI's experience in more than 50 countries around the world serving as a guide. Welcome to DemWorks. My name is Derek Mitchell, president of the National Democratic Institute. To discuss all this with me in this podcast, I'm joined by NDI's new director of democratic governance, Kristen Sample. Kristen Sample: Thank you so much Derek. DM: Kristen just joined us on March 1. She brings more than 20 years of democratic governance experience with her to NBI having advised and evaluated programs at UN Women, UN Democracy Fund, the Open Society Foundation, Global Partners, Governance and International IDEA. Kristen is an expert on countering corruption, legislative strengthening in the nexus of gender and politics and she has led projects focused on the impact of democratic reform on economic development and citizen security. At a moment when the global crisis in governance is at the center of international conversation, at least before the pandemic push pause, we are thrilled to have Kristen aboard to look at that issue with fresh creativity here at NBI. So welcome Kristen to your very first DemWorks podcast. KS: I'm really pleased to have the opportunity to speak with you today on such important issues. DM: So we'll speak about the crisis of governance but also the pandemic factor as well. But I do want to start with this global governance crisis that has sort of preceded this. This is a broader overhang. We've seen all over the world popular demonstrations over the past year and more and everywhere from Moscow to Managua, to Hong Kong, to Khartoum, to Algeria, to Istanbul, to Paris. You can go on and on. And what it represents is a frustration with the quality of governance. Democracy somehow is not delivering for people. And I want to hear your thoughts on that. It's a moment of turmoil certainly. People will look at this and say, "Well, democracy is failing," but it's more than democracy that this is happening. It's a general quality of governance question that I think actually provides an opportunity. So let me just ask your thoughts on that first off, Kristen. KS: Yeah. Thanks so much for that question, Derek. I think that NDI, since we have officers or programs spanning every region of the world basically in more than 50 countries, we're in a very good position to be able to take the pulse of what's happening in the different countries. In fact, we have been conducting surveys every two weeks of our country programs to get a sense of what's happening on the ground and we've received some very interesting signals that I'm really happy to be able to share with you today. On the one side, we are saying that in many countries governments are responding very seriously, in very concerted ways to the health crisis. I mean in more than two thirds of the countries. The governments in the countries where we work are closing nonessential businesses in over 60%, they are communicating in ways, having very intensive communication campaigns that really are reaching all citizens. But when it comes to the democracy side, when it comes to implementing that response and pursuing a response that's consistent with democratic principles and norms and values and institutions, we are seeing some troubling developments at the same time. For instance, the number of governments by our account, over 40% of the governments in the countries where we work are declaring emergency powers and it's clear that this is an extraordinary situation that requires extraordinary measures, but in many cases these emergency powers are inconsistent with democratic principles. They are not linked to the crisis. There is no provision for legislative oversight or in many cases, these have no sunset class, so there's no time limit and these are simply open-ended. And link to that and linked in many cases to these emergency powers, emergency decrees, we're seeing an uptick also in threats to fundamental freedoms. For instance, nearly half of our countries are reporting that there are measures in place where governments are repressing non-state media who are critical of the government's response to the pandemic and that in some cases, again, almost 50% of our countries, there are measures in place where governments are limiting space for civil society to engage in political actions. Another factor that I'd like to highlight too is while we're all distracted by the pandemic and while people are at home and perhaps with less access to information and less direct contact with government, there are also signals that many governments are using this as an opportunity to diminish anti-corruption controls. So that means that in some cases economic response packages or healthcare delivery is taking place with less transparency and less openness, which as you can imagine is a risk in terms of making sure that those resources are actually getting where they need to be. And all of this, all of the stresses, the frustration and these concerns of course also have impacts when it comes to citizen trust, interpersonal trust citizen trust of the government and also we're seeing greater potential for civic unrest and a deteriorating security environment. So all together, I hate to start with such a pessimistic view, but I think it is important again, through the networks that we have, the relationships that we have with political and civic actors on the ground, to convey the seriousness of the situation and to make sure that we're always communicating that well, this response requires really drastic measures. These measures need to be consonant of course, with the principles of democratic governance. DM: Right. It fits into this broader competition of narratives that occurred even before the pandemic began, where China or Russia saying, "Look, authoritarian governments are more efficient in providing services. We do this stuff better. Democracy is messy." And they're able, as you say, to take advantage of this moment when people are looking for strong central control to make that case and to both do that rhetorically but also through provision of services. And then it's not just those major countries. You'll have folks whether it's Hungary or Poland or you just go around the world, they're postponing elections. They are shutting down civil society, they're settling scores with adversaries. They're constraining public debate, saying that those things are luxuries during a time of crisis and that gives them an opportunity then as you said, for not just power grabs, but resource grabs and money grabs and they say, "Look, these are extraordinary times. They require extraordinary measures." And the concern is that these extraordinary measures will be permanent, that they'll say you need us to be surveilling people. So this is a challenge for certainly those who do democracy work and for folks inside these countries. But I think the broader question of security, we'll talk about that maybe a little bit later, but it's interesting what we're seeing on the ground as you say. You do a lot of work in the legislative sphere, you have a lot of background on that. How legislatures are particularly important. Civil society is too, but just focusing on legislature's role as a check and balance against executive overreach, can you talk about from the NDI experience or your other observation, how legislatures are being challenged, how they're dealing with this moment, how they're adapting to deal with the COVID-19 moment. KS: Yeah, absolutely. So I'm so glad you brought this point up. The first challenge that I'd highlight is this risk that the legislative branch is getting sidelined. In a crisis like this, the executive branch is generally front and center. Their role is clearly understood by citizens. Head of state might be the one out there doing daily press briefings or a health minister communicating medical reports. And there's this sense of emergency that as I sort of alluding to before, it seems to empower the executive branch. And unfortunately that seems to be, in many cases, at the expense of the legislative power. And additionally, another challenge and another reason that legislatures are perhaps getting crowded out or sidelined is simply that, the coronavirus, by it's dynamic, it's not socially compatible. And since parliaments are these multi-member bodies that have more diffuse operations, more diffuse leadership and that involve hundreds of different people, it's simply just a challenge to assemble a large group of people together, bring them together and keep them front and center in this crisis. So if that first challenge is making sure that people just keep in mind that legislatures matter and the legislatures are able to exert their rights and their authority, I'd say that the second challenge of course is just how do parliaments, legislatures operate in a virtual world. Politicians are by nature, they like to shake hands, they like to get out on the street, they need to be in touch with their constituents. And there are so many challenge involved in this current world that we have where we should all be social distancing. So looking across the world where we work, their parliaments are adopting different measures. Some of them are using social distancing restrictions like reducing the number of MPs in sessions. Others are moving to remote voting, remote deliberations. And then others are not meeting at all, which of course is quite terrible. And in those cases where legislatures have been dissolved or have been suspended for long periods of time. We are working too, as you were saying, as NDI closely with parliaments in a number of countries to try to do those adaptations to the rules of procedures so that they're able to continue meeting in session and continue deliberating and continuing exercising oversight. For instance, we have connected parliamentarians in Colombia with parliamentarians in Ecuador. We have virtual sessions to learn from Ecuador's experience in adopting a regulation for the implementation of virtual session and teleworking. So we are trying to connect parliamentarians across countries to understand how some parliaments have been moving forward in terms of remote procedures and how that's going for them. And two more challenges. One I'd highlight is that oversight role that we've been talking about. And from the same survey that we conducted with our country programs, we found that in 59% of the countries, checks and balances have been weakened, have deteriorated under the pandemic. And this is happening at such an unfortunate time when there's so many policy measures that need to be approved and put in place. If we just take the issue of debt policy for instance, I saw a statistic from the Westminster Foundation that more than 80 countries have already requested emergency aid from the IMF. I mean these countries are struggling of course to meet different types of fiscal obligations and they are desperate for cash in order to ramp up health services and put in place economic measures. And so these governments are taking on debt obligations, debt burns that are going to have far reaching impacts and long lasting impacts that should really be approved by the legislative branch and include monitoring and reporting. And that's not always the case in most of these instances. DM: So you just say it's a very dangerous time and folks are adapting procedurally, but there are really implications to this longterm, including for security. And I think we'll get to that after the break. For more than 35 years, NDI has been honored to work with courageous and committed pro-democracy activists and leaders around the world to help countries develop the institutions, practices and skills necessary for democracy's success. KS: Welcome back. Derek, I've heard you speak to the issue of authoritarian systems and how they're operating in this crisis and that the authoritarian nature in itself makes health crises more likely. And you've also said in some of your speeches and some of the conversations we've had that it's not a coincidence that the pandemic started in China and I'd really like to hear from your expertise, your deep background on China specifically. Can you explain to listeners why that is? Why there is that connection? DM: Well, as I said at the top, this is not just a health crisis, it's a governance crisis. It's a factor of governance both in the prevention of the pandemic and the response to it. We talked so far mostly about the response, how we're responding to the pandemic, but the core of the pandemic is a failure of governance. The difference between a local health crisis that is contained and a pandemic lies in the ability of a political system to respond to that early challenge quickly and effectively. And that requires both government and civic action. And if you're going to deal with this crisis early, it requires both. To do that, you have to act swiftly. You have to have widespread testing and contact tracing. You need critical support from citizens. In order to do all that and to ensure that that happens, you have to have basic civic trust. Closed societies routinely fail that test of having that civic trust and that rapid action for some very practical reasons. When a government suppresses a free flow of information, when it fails to empower independent civic institutions, when it's too insecure to convey bad news candidly, doesn't feel that it has a political legitimacy, therefore, it's insecure to convey bad news. When its data can't be trusted because it's opaque, when its officials are afraid to speak truth to power or communicate inconvenient truths to their superiors or act decisively, absent waiting for some strict orders from the very center and they can't move quickly, the result can be deadly. It turns what is a local health issue into a pandemic so it crosses borders. It becomes not just a problem for one country but for all others. So democratic governance is very, very practical and once again in this regard, transparent, accountable, inclusive, responsive, open governments is essential to crisis response but it's also essential to prevent the crisis from emerging to begin with. And it is a matter of national security. This highlights frankly what many of us have known all along, that this is not just nice but has very practical national security effects. And as we just talked earlier, the irony is that just as the world needs more open democratic societies to prevent future crises and deal with the current one, there are opportunistic politicians who are closing political and civic space. That I think is a very practical reason why that closed societies cause these pandemics. KS: I think that all of those points that you've been raising in terms of the threats and the vulnerabilities are so important for us to keep front and center. At the same time, here in NDI, as you know, is we're very keen to make sure that there are also opportunities to elevate the many examples around the world where governments are acting democratically and effectively in response to the crisis and they're framing and working with citizens in ways that are absolutely consistent with democratic values and principles. And so I do want to showcase some of those. I think it's received a lot of press around the world how New Zealand, for instance has reacted, and I read this week that New Zealand is perhaps one of the very first countries to have been able to successfully eliminate COVID. They have no new COVID cases. And it's a case that really stands out for the way that the prime minister has been able to deliver information in a very clear, compassionate, inclusive way, a way that's very grounded in science of course, and transparent. And at the same time where the legislature has had an important role developing a parliamentary select committee that's providing scrutiny of the government's response. The government has also been very affirmative there I think, in terms of issues of freedom of information and media freedom and has said that they would not slow down, for instance, their commitment to responding to requests for information during the crisis. So there's certainly the case of New Zealand, which is so interesting and it's shown such early success, but there are other places around the world too where specific measures taken by the government I think have been so positive and far reaching. Uruguay comes to mind for instance. We see so many cases where authoritarian leaders are using this crisis to be able to settle scores as you were saying, or to act in a very partisan fashion. But in Uruguay, the president convened all of the former presidential candidates to give a joint press conference to send a powerful message of unity and to show that across the party divide, they were working together to develop responses. Taiwan also really stands out for its cross party coordination, the transparent communications they've had, the very creative efforts that the government has put in place there, I think they've called it humor, not rumor. A campaign to share facts in real time to counter disinformation, to manage fear. So there aren't many cases out there as I was saying, of governments that are responding effectively and in ways that are building that citizen trust that you were mentioning. DM: Yes. And then a further one, another democracy that's a leading democracy, probably the first out of the gate is South Korea. They did exactly what was necessary. People are looking at that example, a democratic example. They didn't sacrifice rights at all. They obviously had very strong controls at times of the society, but it took very swift action. They did widespread testing, contact tracing and they worked with civil society and is shown over and over that civil society is probably one of the most important factors. It's not simply a government driven thing that makes a response success. Civil society serves as a very efficient force multiplier for government. We saw that in Katrina, hurricane Katrina. We see it's proved over and over that it really is effective in getting the word out and messaging. Ensuring is like in Taiwan through their civic tech community, they're sort of hackers. They're young citizens, who themselves in a voluntary fashion, formed a community. They were viewed as allies and partners not alienated from the government. And that partnership has been a success in Taiwan, has been a success in South Korea and is essential for a success. And that means that governments need to be open, need to be transparent, they need to see society as partners. So this is absolutely critical. KS: Yeah. And I just want to add on the South Korea example. I'm so glad you brought that up because South Korea held elections during the pandemic on April 15, they had national assembly lessons and they were actually able to organize those elections in a way that was seen as very transparent, that was very consistent with electoral integrity and they had higher levels of turnout than in previous elections, which is pretty amazing. And there's so many countries around the world that are facing elections in 2020. I think the way that South Korea was able to do it with a very intensive communication campaign as you were speaking again to their transparency of communication, they had expanded early voting measures in place. They had home voting, they had very comprehensive safeguards for people to be able to vote in person. So even organizing an election in a time that seems so difficult and so challenging, I think that as you were saying, democracies like South Korea are showing that there is a way forward. DM: Right. And I think we can learn some lessons from that as well. There are groups, including NDI has been at the center of this, of putting together documents that say here are the election integrity guidelines for this moment, that democracy should not be sacrificed at the alter of crisis response, that elections need to move forward if they can be done in the right way and if they need to be postponed, it's postponed within a certain timeframe and only during a period of high crisis. So there are principles here where democracy can continue to move forward. It makes the society stronger, it builds that civic trust that's important for crisis response. But we need to... You can walk and chew gum at the same time at this moment. So I'm glad we were able to talk about some of these democratic examples. KS: Absolutely. And I will be right back after this quick message. You can hear more from other democracy heroes by listening to our DemWorks podcast available on iTunes and SoundCloud. DM: Welcome back with Kristen Sample. Of course you're new to NDI, but you know NDI very well and it's a fundamental principle everywhere that nations will only succeed when societies are fully inclusive, where they don't leave anybody behind. They enable all to contribute equally. That means women, that means young people, that means traditionally marginalized groups, LGBT communities, et cetera. It's just plain logic that if you leave anybody behind, that you're not going to get the most out of your citizen when you're going to hold your country back, and yet we are witnessing negative impacts toward these populations during this COVID-19 moment. Kristen, can you speak to this, explain what's going on here and why it matters? KS: Sure, absolutely. I mean obviously this crisis isn't occurring in a vacuum. It's occurring in a context where across the world, across all countries, there are already this array of existing intersecting inequalities where some people were coming into this crisis already in a disadvantaged place. And then the pandemic itself has differentiated impacts that affect women and other marginalized groups disproportionately. I'll just give a few examples. I mean lockdown for women who are living in relationships of power imbalance and of abuse perhaps, lockdown for them means locked in, with an abusive partner. And for instance our survey of country offices that I was referring to previously, in 66% of our countries, there seems to be an increase in sexual and gender based violence since the pandemic. In 15% of those countries, it's a significant increase. Of course these women might be locked in in vulnerable situations and then at the same time have less access to government resources, government support. So that's one example. Others, people with disabilities for instance, who have always struggled to access health services, transportation in an equitable fashion, you can imagine that that lack of access and the differentiated impact of the pandemic on them is life threatening in some cases. There are digital divide concerns, people in rural areas or women, other marginalized groups who may have less access to information, to resources. There are real concerns also and cases around the world where this pandemic is being exploited by anti migrant hate groups for instance, who try to link movement and migration to the origin of the virus. Or in some cases, for instance in Africa and some of the countries where we work, media outlets are perpetuating stereotypes against people with albinism for instance, and placing the blame for the virus on them. So there are so many challenges around making sure that people have access to resources, people are safe and that we are able to convey and support a message of social cohesion and solidarity instead of the divisions that we're seeing pop up around the world. I think that in our case, for instance in Indiana, what we're trying to do is reinforce the need for inclusive decision-making, making sure for instance, that women are involved in decision making and other marginalized groups are involved in decision making and representation and in these deliberation bodies, making sure that the policymaking is taking into account these vulnerabilities and these different differentiated needs. And also the government messaging is inclusive, getting to everybody and it's supporting the social cohesion messaging and solidarity messages. DM: And again, this is critical for the crisis response, pandemic response. I mean COVID-19 doesn't discriminate. Whoever has it, whoever is vulnerable or subject will get it and it will spread to the society writ large. So if you're not inclusive, if you're excluding folks, if politicians then see that there is an opportunity here as some politicians will to divide and conquer, to play on fear. Or spoilers from the outside may see that there are opportunities if they're divided societies, to create tensions that then require or enable them to negotiate the deal that you want to make or promote corruption within the society. There are all kinds of ways this makes societies less stable, less secure, and affects the development and certainly the response to crises. So this is not just a nice thing, it's not just a human rights thing. This is fundamentally important to national security, international security and to everything that we're seeking to achieve through democracy. KS: Absolutely. And I think along the things I'd really like to hear from you too, Derek, in terms of how you see along the lines of this being an international crisis that includes the whole world, that joins us all although we are in very different places. How you see role NDI's role in supporting that cross border cooperation and solidarity and having the international community come together? DM: Given that authoritarians are claiming their model is unique for this moment, we have to be out there making our case. But in terms of our specific adaptations that we are doing, we are working in places like Ethiopia to ensure that the public opinion surveys are necessary invents of their postponed elections or continue forward, but can be done virtually. That we can adapt legislative rules of procedure in places that need it to allow for remote voting and continue the legislative process to ensure that election integrity is maintained. As I mentioned earlier, there are certain principles and established accepted international principles for when and how to postpone elections, how to hold them during moments of crisis. And we put together crisis response kits that can be used. It's called the practical toolkit for politicians during a pandemic that can help political parties figure out how to do crisis management or help the government put together crisis communication. So a lot of things that can be done internally and done across different countries that ensure the solidarity is still there, the momentum for democracy is still there. The expectation that democratic norms are sustained in this moment so that the headlines are not simply roll back authoritarian opportunism, that massive surveillance, all the things that people may succumb to because of fear during crisis, that there is an alternative voice and it says it doesn't have to be like that. Or if it does have to be like that now, it doesn't have to continue to be like that indefinitely and that there are some standards by which these things are being imposed. So that international norm setting at this moment, it's probably more important than ever to do and we are trying to do at national level. We're trying to do it across different countries to ensure that there is not a vacuum to which the authoritarian voice moves and has free open season for its own values. It goes across, I think, a lot of different countries. And Kristen, I'd be interested in your thoughts from your perspective of governance, how that's working. KS: I think that there's a real role for the international community to play. And I wanted to highlight that too in what you're saying because these challenges are so vast that clearly we have to work together on people to people exchanges and supporting lesson sharing. And so I do think that there's an absolute role for the international community playing in terms of getting out the messages of that democracy is not a luxury, it's not something that could be put into a coma or put on hold while we're all sheltering, that it's something that has to be reaffirmed on a daily basis. And so I do think that countries also have to, in addition to standing firm, standing on their own ground on democratic principles, they also have to be willing to promote and expand those democratic principles across borders, especially to counter those liberal influences that you were referring to earlier, that in some cases are, really transmitted and increased through disinformation campaigns or phony PR campaigns that need to be called out of course by all actors. DM: Thanks again, Kristen for joining me in conversation about how democracies can best meet the challenges of COVID and how NDI with its global partners are meeting the moment. KS: Thank you, Derek. DM: I'd also like to say thank you to our listeners. To learn more about NDI or to listen to other DemWorks podcasts, please visit our website at www.ndi.org. Thanks very much.
World map of Coronavirus (Covid-19)
19. Governance is Key During COVID-19? (w/ Kristen Sample) Posted 6 days ago
Democracy (General), COVID-19 Podcast NDI Listen democracy
The Marriott,Slaterville City Oral History Collection was created by the residents of the town to document their history. Each participant was provided with a list of questions asking for; stories about their childhood, schools they attended, stories about their parents and grand,parents, activities they enjoyed, fashions they remember, difficulties or traumas they may have dealt with, and memories of community and church leaders. This endeavor has left behind rich histories, stories and important information regarding the history of the Marriott,Slaterville area. ; 17p.; 29cm.; 2 bound transcripts; 4 file folders. 1 sound disc: digital; 4 3/4 in.; 1 videodisc: digital; 4 3/4 in. ; Abstract: This is an oral history of Orvil Holley. It was conducted March 1, 2007 and concerns his recollections of the history of the Marriott-Slaterville area. OH: Hello. My name is Orvil Holley. I was born in Slaterville, Utah on the 15th of November 1925. I was born in the old Echins home. That home still stands this day. In the spring of 1926 my family moved to the Rhoan Wheeler property, which is still there, and at that time it was across the road from the Slaterville Creamery, which was a cooperative association of dairy farmers in the area. It was active for some twenty years. My father was a dairyman and a farmer raising all kinds of crops such as peas, corn, alfalfa, wheat, barley, oats, beets, and some other crops. My father had married my mother who was a widow and he was a widower. He had a family, and when he married my mother she had three boys and a girl. I am the only child of my father and my mother. My mother was Amelia Echins Alan Holley and my father was Henry Ezra Holley. My father was in his forties when I was born and mother was a few years younger. I remember the early roads. When I was a youngster I particularly remember the grater pulled by what looked like a caterpillar tractor. It came along and grated the roads. Also there were a number of artesian sulfur wells that were drilled in Marriott and Slaterville. These wells were drilled for the purpose of filling up a tanker that was pulled by an old tractor or a team of horses that used to go along and water the roads to keep the dust down a little bit. I don't know if any of those old wells are still in existence or not. I also remember the kids walking to school. At that time the Slaterville School was located on the property where the Slaterville park is now, right where the backstop is in fact. It was really an interesting thing to me because it was the only building that I knew of that had inside plumbing. All of the farm boys enjoyed that particular part of the schoolhouse. There were many great things that happened in that school house. I'll have to tell you one. I think I was in about the fourth grade—maybe it was the third grade. The teacher was a man from North Ogden by the name of Charles Chandler. We only had Charles for one period. That was the last period of the day. Normally, our class was down in the basement, but for this class, the class that Mr. Chandler taught, we would go upstairs. It just so happened that on this particular day three of the boys decided that they would sluff. They were older boys. Their names were Clyde Hunter, Raymond Bowans and Delore Echins. For some reason, they decided that they would get in the closet upstairs and hide in that closet as the classes changed and then they would sneak out of the closets and open a window and go out onto the roof of the restrooms and slide down on the ground and away they would go. Well…it just so happened that Mr. Chandler saw them going into the closet. He called our class to go into that room where the closet was. In those days the children's seats were all on runners. They would put a row of seats and maybe six or seven, maybe eight seats to one runner. So when you move the seats you had to move the runners too. He had us move those seats right over next to the closet. The closet had two doors that opened to the outside towards us. Then Mr. Chandler got his chair and put the back of it up against the door and his feet on these seats that we were sitting in. There was no way that those boys could get out of that room. Well about two-thirds of the way through the class we could hear some rustling going on inside that room. It was a very small room, they were in cramped conditions. Then all of a sudden we could hear what sounded like water—a trickle of water running into a can. But what the person didn't know in the closet was that this was a flower can that had holes in the bottom and pretty soon a little yellow stream came out from underneath the door and into our classroom. You can imagine what the class was like in that particular incident. I thought you might be interested in that. It might be interesting to say a little bit about those old country schools. They weren't very large. The Slaterville School for example had four rooms, two downstairs and two upstairs. But only one of the rooms downstairs was used for teaching. The other room was never fixed up for teaching. It was still dirt, dirt floor—the only things that I can remember that connected that with any of the other rooms were the heating pipes that went through the room. That was a wonderful place for the kids to play in the wintertime. But it was a little dusty and I can remember seeing dust so thick that you couldn't see from one end of the room to the other. Now generally speaking, school went through the eighth grade, but when I started school, school went through the ninth grade. The way it worked is, we had three classes in each room. So in the basement we had the first, second, and third grade all in the same room. Then the two rooms upstairs had third, fourth, fifth, sixth, seventh, and on up into eighth or maybe ninth. I don't remember which. Anyway, it was kind of an interesting thing as one teacher handled all three grades. My first grade class—the most it ever had in it was about eight and sometimes it only had five, most of the time it was about six kids in the first grade. And some of those kids are still alive today and still live in Slaterville. In as much as my mother was born in a house that was almost on the borderline between Slaterville and Marriott. She attended the Marriott School for some years. We know that some of the Marriott kids attended the Slaterville School some years. In fact, I remember when I was in school that Marriott—when we were in the sixth grade, Marriott had no sixth graders and we did have Marriott fifth graders over in our school. So it is kind of an interesting setup in these schools. Well let's go back to the very earliest days, before there was a Slaterville, before there was a Marriott. About 1850, there was some movement of people out into this area of the county. At that time there was no Marriott, there was no Slaterville. In fact, one of the things that we are trying to find out at this time is "when did Marriott become Marriott and when did Slaterville become Slaterville?" So far, we can't nail that down. But the first settlers in Slaterville were the Steven Slater family—the Steven Perry family. They settled on the North side of what became known as Mill Creek. Right across from Mill Creek was Marriott. Just when Marriott was settled was, I understand, about the same time. We still have some of the descendants of Steven Perry living in Slaterville today. The man for whom Slaterville is named, Richard Slater, came into Slaterville in 1853. As you can tell he wasn't one of the original settlers so it wasn't named Slaterville because he was an original settler. Tradition has it that was named Slaterville after Richard Slater because he was a member of the Mormon Battalion. I think that was why Slaterville became as it was. The earliest documentation of the name Slaterville comes from the Deseret News and it is at about 1860. It mentions Slaterville as one of the little communities West of Ogden City. Naturally it had to be named Slaterville before that appeared in the Deseret News but just when, we don't know. Irrigation was very important to the people in all of Weber County. If you think of Slaterville, it was a very good place for those early settlers to make their homes because of the water sources. On the South end was the Ogden-Weber River. In the middle was Mill Creek. And on the north end was Four-Mile Creek. They had three water sources going through the community. Now they had to have a way for getting the water from those ditches—those creeks and streams—out to the farms. This is an amazing thing to me. Those old pioneers had some system of knowing where to put those canals and those ditches so they flowed easily with nothing but gravity to pull them along and yet they are still in existence and still being used today. It is magnificent. Now because the water was so important, it was important for those canals and ditches to be clean. That was quite a thing. The presidents of the companies would call to their members and say we are going to clean on such and such a day and we would like you to show up. There would be a huge turnout of men with horses and with cultivators and scrapers and men with shovels and hoes and rakes. They would start—sometimes they would start on each end of the canals and work towards each other. In those days, they cleaned those canals—they were really neat and clean. The ditches were the same way. They were very cooperative one with another even though they may have had some difficulties religiously; they still were together in those community projects. Now I mentioned something about even though citizens in the city or in the town of Slaterville particularly, may not have been together religiously but worked cooperatively on community programs such as cleaning ditches and so forth. I might say, in about 1860 there was a man that came into Slaterville by the name of Joseph Morris. He was very successful in teaching his religious views to particularly the western half of the Slaterville community. So successful was he, that he was invited to leave by the ecclesiastical authorities here in the community. So he left and he took with him almost all the western half of the community, over fifty people were involved. They went to South Weber. I might tell you one little story that comes out of that settlement. When Joseph Morris left Slaterville he went to South Weber. It has always been our belief—in fact, it was so written in a Master's thesis that I did, that this happened to William Jones of Slaterville. But within the last six months we learned that it is not William Jones of Slaterville but William Jones of Marriott that this happened to. We are just learning that the people of Marriott were also involved, more than one, in having people who have succumbed to Mr. Morris's work. They all moved over to South Weber. At the height of the community there is believed to be about seven hundred people in the South Weber area who were connected with the Morrisites. The story goes that Mr. Jones was disappointed with some of the things that Morris was teaching. For example, he was teaching that the advent of the Savior was imminent. He even set the day. When the savior didn't come, Mr. Morris found that he had made a mistake in his calculations and so set another day. He still didn't show up so some of the Morrisites started to get a little bit nervous. Brother Jones from Marriott decided that he would leave and take his wife and away they went. One of the problems that they have is they had to give everything that they owned into the Morrisite Prophet Morris. If anybody wanted to leave they were allowed to leave but they couldn't take anything with them that they had brought such as grain and flour or food stuffs of any sort. That had to stay and that kind of bothered Mr. Jones. One day after he and his wife left he saw a wagon load of wheat coming out of Kingston Fort which was the name of the area where Mr. Morris and his people lived. This wagon load of grain was headed for the grist mill. Mr. Jones knew that he had contributed much more than one load of grain to the Morrisite cause and he didn't have anything to live on so he decided to commandeer this load of grain, which he did. But when the news got back to Mr. Morris, he sent some of his people to regain the grain. He also took into custody Mr. and Mrs. Jones. This caused a lot of trouble. The Jones' relatives went to the legal authorities to try and get them to go and see if they could get the release of Mr. and Mrs. Jones, which they tried to do but were unsuccessful. Finally, it got so bad that they asked the Governor of the state to send the militia to South Weber. The Governor was not in Utah at the time but the person who took his place was in charge and he did call out the militia. They came into South Weber and we can't go into detail on that but just to say that the militia at a certain time open fired and I have held in my hands the cannonball that came down the side of the mountain, bounced along, went through the fence where Mr. and Mrs. Jones had been kept in custody, landed in the lap of Mrs. Jones. That cannonball is still in existence and the descendents of the Jones family still have it. Just a little story to let you know how things went sometimes in those days. Going back a little bit to my early days—needless to say, my mother and father never owned a home of their own until they were both at sixty years. They always rented. They worked hard. Their families that were with them worked hard. We always had good living conditions. I was born in a brick home. When we went to the Wheeler place it was a brick home. When we moved back to the Echins place it was still a brick home. We had a good home. We also came up through the '30's, which was the depression. You could go to town—when I was a boy, about seven or eight years old, once a week we would go to town on a Saturday. I always went with my cousin. Either we rode with his folks or he rode with ours. One of the great things that we lived for all week was to go to Ross & Jacks and eat. You could get burger, spuds for fifteen cents, which was enough to feed a man. Then for ten cents more you could get a pie. So for twenty-five cents you could get a meal. Then we would go to the movies, it was a double-feature for a dime. We were well taken care of as far as that type of thing was concerned. A lot of the boys rode horses in those days. A lot of the boys had some really fine horses. They liked to swim in the river. It was dangerous. My older brother almost drowned in the river but Alvin Cobabe who now owns Powder Mountain and Arthur Slater saved his life. They remember it and he remembers it even better than they do. We used to have what was called ward reunions once every year. Everybody was invited back to that particular ward on a particular date and they had the most fun and the greatest time that you can imagine. Slaterville's reunion was always on the last Thursday of January. Marriott's reunion was in February, I don't remember the date but they still hold their reunion. Marriott still holds their ward reunion. All the other towns around—Farr West, Harrisville, Plain City, Hooper, Taylor, Riverdale—they all have their reunions. It wasn't unusual for our people from the Slaterville area to go to Marriott and Marriott would come to Slaterville, then they would go to Plain City. It was something they looked forward to that they could have a really wonderful time once each month and sometimes more than that because some of the other communities held their reunion the same month. You can't imagine, unless you see it, what the dancing was like. The dances were learned dances—quadrilles—and everybody did the same steps, the same moves on the floor. They had Virginia reels, which sometimes people still have today but those kind of dances, where everyone knows what the dance is and they all dance it. It was just beautiful to see. They would dance their shoes off and just have the greatest time. It was just wonderful folks. Not being familiar with how all the wards handled their reunions, I will just tell you how Slaterville did theirs. Normally it was on the last Thursday of January. The first program started at about eleven o'clock in the morning. It continued for about an hour and a half and then it was time for the dinner. Even though the areas they had to prepare those dinners, you wouldn't expect that they could do the jobs that they did. They had everything. You can't believe it. And what a spread they would put on. And all the wards were the same. They all just went all out. When people were so full that they could hardly walk back up the stairs, they would go back up and there may be another program for thirty minutes while the dinner settled and then they would go to dancing. This is in the afternoon. They would dance until time to go back down for the evening meal. They would go back down and have the evening meal, then they would come back up and they would have another program. These programs folks were great. Those people were talented. They could do anything. They were great actors. They would do—it was just amazing. When that program was over, usually about eight-thirty at night, we pushed the benches back and pile them up on top of each other to make room on the dance floor and then the dance began. It never finished until one or two o'clock in the morning. It was just great. I have been asked to say a little bit about my college years. I have to confess that it took me three years to get through two years of work at Weber College. I only would go two quarters a year and then in the Spring I would have to go home and start to plant and get ready for the next year—the harvest for that year. Then in the Fall I could go back to College and I would go for two quarters, Fall and Winter. While I was at Weber College I became involved with a group of young men who were musicians. I was not a musicians, I had never had a music lesson in my life. The three other fellows were studying music and were fine musicians. Somehow they invited me to join them in a quartet. This quartet lasted for quite a number of years. We sang professionally all over the state of Utah, Idaho, we sang at Sun Valley for the Union Pacific Railroad who owned Sun Valley. In fact, we were invited to go back to Sun Valley and sing for a big convention which hosted President Truman. I wanted to go so bad my teeth hurt but the other fellows said, "No, we have got finals coming up and we are not going to do it." So we didn't get to do that. Following that year, my final year at Weber College, these three wanted to go to the University of Utah to school so we went down there and had a great time. We lived together in an old army barracks. The war was now over, World War II was now over. We practiced our singing every day. We were on the first television station that broadcasts out of Utah, old KDYL. We had a program every week which gave us a little money to spend and we also were hired to sing at big conventions all over the city in Salt Lake that year. The next year our quartet kind of broke up a little bit because I was called on a mission and was gone for two years. When I came back we got together again and even had an agent. I often laugh at the agent's name, his name was Bill Risky. We always used to laugh that it was "Risky business" that we were in. They had graduated college by the time I got home. I went back to the University of Utah but an unusual thing happened. The President of Weber College had been Henry Aldous Dixon. He had been called and given the chance to become President of Utah State. I got a call from President Dixon one afternoon and he said, "I'd like you to come up and take care of the program bureau here at Utah State." I explained to President Dixon that I only needed thirteen hours to graduate from the "U" and I knew that it was required that you have fifteen hours from the institution from which you were to graduate. He said, "I think we can work that out." So I went up to Utah State and headed the program bureau up there and formed a quartet up at Utah State. We traveled all over the country for Utah State, advertising Utah State to the high schools in Idaho and Wyoming, Utah, we even went to California on one big trip. We had a great time, a wonderful experience. So I graduated from Utah State with a Bachelor of Science degree in speech and dramatics. I taught two years in public school and then was hired by the LDS church to teach seminary. It was required that we go down to BYU for a symposium which lasted six, seven, eight weeks every other summer. We decided instead of just going down there let's work on a degree. So many of us worked on a degree down there and I graduated with a Master's degree from BYU in 1966. It has been suggested that I give a little ecclesiastical history of the area. I think that has been well written up as far as the early days of Ogden City and Weber County is concerned. I know that Lorin Farr had a great deal to do with both the ecclesiastical and political history here in the Ogden area. There were some others who were very influential. Before there was any ecclesiastical authority in Slaterville, we were no doubt part of the Northern Stake of Zion at that time—two stakes of Zion, one in the Northern part of Weber County and the other in the Southern part. The first ecclesiastical person to hold an office in Slaterville was a man by the name of Thomas Richardson. He was something like a Branch President. He served faithfully for quite a number of years. One of his counselors was Edwin Smoot. After several years had gone by, Thomas Richardson began not feeling too well and also he was going to receive the call of Patriarch, so it was decided that Slaterville would probably become a ward. During the time that Thomas Richardson was not active as the Branch President, Brother Smoot being next in line did most of the ecclesiastical work in the Slaterville area. We are very grateful to Mr. Smoot for keeping a journal. In it he records the things that he did ecclesiastically—setting people apart, baptizing them, helping people do this and do that. He was very active. But a sad thing occurred when they held a meeting to announce the new Bishop. Brother Smoot thought that it would be him and it turned out to be John A. Allred. Brother Smoot withdrew from the church and took a good number with him. In reading his journal, you read up right to the day when they chose Allred as the Bishop. He recounts his great work in the church. Following the Bishops choosing and ordaining, Brother Smoot never says one more thing about the church except, "I asked them to take my name off the rolls." Kind of a sad day. We have been quite fortunate in this Slaterville area. Towns all around us have seen a great deal of growth. The old farmers have tried to hang on to most of the property that they have had and have tried to farm it. But we have finally seen a change in the last several years. Now within about the last year we have two fairly large developments in the Slaterville-Marriott area. It is sometimes a little difficult for us old timers to realize that other people need homes to live in too. We think we have a beautiful area here. The people have been united in the things that have been going on as far as organizing the present city of Marriott-Slaterville, which is now approximately sixteen years old. It has been amazing how the people have worked together. Before, Marriott and Slaterville didn't always get along the best. I could tell you stories about that. Maybe I will. Today, Marriott and Slaterville have a church where we meet together. We have three wards in that building and we are getting along fine. I am sure it is different than what some of the older folks thought we would be able to do. When Slaterville first decided that they needed a new building—they had no Bishop's office, they had to meet in the coal room, the furnace room of the building, to hold their Bishop meetings. Things were just not good for that particular time. Things were changing in the church. More meetings were being held. Finally, the bishopric of the Slaterville ward decided that they would see what they could do to make the old building suitable for the situation of the day. They got an architect to draw up some plans. When he finished the plans they looked good to the ward leaders and so the ward leaders asked the architect how much this would cost. He said nineteen thousand dollars should do it. So the bishopric scratched their heads and tried to figure out who on earth they could borrow nineteen thousand dollars from to build the building and pay the man back so much a month—if we could find somebody. Finally, one man came up as the one who could loan us nineteen thousand dollars. He was a bachelor, he had never married. He wasn't a member of the church. In fact, he was descendents of people who had joined the Morrisites. His name was Joe Stevens. We made an appointment and met with Joe and visited with him a few minutes. Then the bishop told him why we were there, that we had come to ask him if he would loan us nineteen thousand dollars to remodel the old church. Joe came up out of his chair and he said, "My goodness, I haven't got that kind of money." So we chatted a little bit and the amazing thing was before we left the house he wanted to know if he could be baptized. Shortly after, he was baptized. He died within just very few weeks after we had visited with Joe in his home. But he died a member of the church. Now how did Marriott and Slaterville get together? Well nobody thought they could. Half of Slaterville didn't think they could get along with Marriott and half of Marriott didn't think they could get along with Slaterville. But the two bishoprics got together and they had determined that they would look for a place to build. They picked a place on the old Marriott farm over in Marriott where California Pack had purchased one acre of property from the Marriott family to build a pea viner. The two wards purchased that piece of property from California Pack. Then the two wards were trying to decide how they were going to go about raising money and whatnot to try and move the project along. In the meantime, the committee in Marriott had written a letter to the first presidency, President David O. McKay, explaining that they would prefer to build their own building. Well not long after that letter was received by President McKay, the two bishoprics received word from our Stake President, President Wimmer, that two of the General Authorities, Bishop Vandenburg, the presiding Bishop of the church, and Elder Thomas Monson, a new member of the Quorum of the Twelve, were assigned to come up and meet with us. So the day was set and we met with Brother Vandenburg and Elder Monson in the basement of the old Slaterville church. After the pleasantries were over, Elder Monson looked at Bishop Buck, Bishop of the Marriott Ward, Clarence Buck, and he said, "President McKay has received your letter and read your letter and he has told us that we are not to come here and try to push a building down your throat. If you want to build a building, you are welcome to do so. However, be cautioned, you won't be able to afford the kind of building that you need, and it is our desire that you two wards get together if you possibly can." Then there was some discussion between Bishop Buck and the General Authorities concerning the problem, and with how many people were opposed to it in Marriott. There was sufficient number that it would cause some concern. Bishop Vandenburg, all of a sudden, he lighted up like a light and said, "Well I am from Ogden and I know Marriott. There are some Dutch people in Marriott aren't there? And Bishop Buck said, "Yes, there are." "Well they'll support you won't they?" "Well they are the worst ones in the whole ward." Bishop Vandenburg dropped his head and Elder Monson looked over at me and smiled and then he said, "How do you change a Dutchman's mind, Bishop?" Bishop Vandenburg sat there for a second, looked up and said, "You can't." Anyway, we got together and rode with the General Authorities around to look at different places where we might build and they picked out the spot where the church now stands. We dedicated that building in 1968. So it is almost forty years old. I think we have gotten along as good or better than most of the wards have who just had the wards divided among themselves. It has been really quite a wonderful thing. Now since those two wards went together some sixteen years ago, Marriott and Slaterville, the residents of those two communities, by a huge majority of vote, voted to go together to form a city. The city's name is Marriott-Slaterville. There was some opposition to that. Some people said, "That was too long a name, make it simpler." They pointed out other communities that had done that. But we knew the makeup of Marriott and Slaterville. Slaterville didn't want to lose its identity and Marriott didn't want to lose theirs. So why not Marriott-Slaterville? The wards today are Marriot-Slaterville 1, Marriott-Slaterville 2, and Marriott-Slaterville 3.