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Monday, November 28, 2016

Add Css/Jquery fixed horizontal menu to blogger blog




This navigation bar made with CSS & jQuery gets semi-transparent when you scroll down the page and is slightly showing up by fading out gradually becoming almost transparent. When the user hovers over it, the menu becomes opaque again.Inside the navigation we have some links, a search input and top & bottom buttons making it easier for the user to navigate to the top or bottom of the page.

If you want to add this horizontal menu with CSS/jQuery to a Blogger blog, follow the steps below:


1. Log into your Blogger account and select your blog, then go to “Template” and press the “Edit HTML” button.



2. Click anywhere inside the code area and search using CTRL + F keys, this tag:



3. Just above/before the tag, add the following scripts and CSS code for the jQuery menu:




4. Next, search for this tag:


If you can’t find it, search for this one:


5. Just below/after this code, copy and paste the HTML structure of the menu:




 


Note: Replace URL address with the URL of your pages and Link 1, 2, 3, 4, 5, 6 with the link title that will show in the menu.


6. Finally, search for the following tag:


Just above the


7. Click the “Save Template” button and you’re done adding the menu. Enjoy!


Credit: Tympanus. This menu was inspired by David Walsh’s top navigation bar.




 





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ADS SPACE

What to Do Before Applying for Google AdSense

It seems that everyone wants to make money by joining up with Google AdSense and why not? Google AdSense is a relatively simple, straightforward way to actually start earning some extra money with your efforts.


However, things have changed from the early days of AdSense when joining was not much of an issue. Today, applying for AdSense takes more effort and some preparation so that you can take full advantage of their services.


First, you will need a good reason to apply for AdSense so you can reap the benefits that they offer. Here you will find out more about what Google AdSense is all about, what they offer and how you can properly prepare yourself before joining to really take advantage.


applying to google adsense


What is Google AdSense?


One of the most established internet networks to offer advertisement publishing, AdSense uses the Pay Per Click (PPC) system to help businesses reach out to others on the web. At one time, Google used to provide AdSense to everyone who used their Blogspot program, but now that has changed.


Today, AdSense is one of the most respected thanks to the many thousands of satisfied publishers and customers who use the service. It is straightforward, easy to use and always pays on time which makes it very attractive to anyone wanting to have this service. If you do your work the right way, it will pay better than any other similar service on the web.


However, it is their very success that now makes them harder to join. When you apply, everything has to be just right otherwise you will not be approved.


How to Avoid Getting Your Application Rejected


There are a number of things to avoid when applying for AdSense so that your entry will not be discarded. Here are just a few.


Read Google Policies: Just like studying for a test, Google posts their policies about what it takes for your site to get into AdSense. So, take the time to read them and be sure that your website follows the rules.


Have Good Content: If your website doesn’t have good or sufficient content, it will not be accepted. So, be sure that you provide them with enough to review. In addition, it has to be neat, professional and grammatically correct otherwise it will give them the excuse to toss out your application.


Aesthetically Pleasing: Garish yellows and lots of distracting glitz will also stop you in your tracks when you apply for AdSense. Your website should have a good, solid design that is comfortable to look at and pleasing for the visitor.


Post Your Contact Information: If Google cannot find a way to contact you through your website, you might as well not apply. Having an “About Us” page that is complete with contact info is the minimum to getting accepted.


Now that you’ve done the basics, it is time to hedge your bets when it comes to applying for AdSense by adding in items and procedures that will enhance your chances. While nothing is guaranteed, the following steps will help your website in getting approved.


10 Ways to Increase Your Chances when Applying for AdSense


1. Policy for Privacy


It may seem odd to have a privacy policy for your blog, but it is vital if you want to get AdSense approval. Without it, you might as well not apply at all. The policy itself should describe to those who visit your blog what they will see and what they can and cannot do.


2. Contact Information


This is where you put in your contact information. At the very least, it should consist of an email so that readers can contact you directly about any issue they have on your blog.


3. About Us


This is where you tell people a little about who you are, what your business does and how you are going to accomplish it. This is sort of like an introductory page to your efforts and it critical when you apply for Adsense.


4. Email & Name Verification


Be sure that you put your email as well as your name in your About Me or Contact Us page so that it will help Google verify you quickly.


5. Verify Age


Always use your correct name and date of birth when applying for AdSense. This is mostly for those who are under 18, but it is important to be truthful otherwise you’ll never get approved.


6. Appropriate Design


Your blog should look attractive, professional and easy to use. You don’t have to be fancy or pour in thousands of dollars, just make it clean and neat will be sufficient.


7. Have Plenty of Posts


Do you know that there is no minimum number of posts stated by Google in terms of what is required for joining AdSense? Even so, if you only have a handful, do not count on getting approved. You should shoot for about 500 or so before applying to demonstrate your seriousness about your efforts and make sure that they are at least 500 words in length.


8. Remember the Rules


No pornography, illegal items, advocating drug use or other items that will not get you any AdSense at all. Plus, if your posts are all less than 200 words, that will not work either.


9. Adds Value


Your blog or website must provide real value for your audience. This will not only help keep people visiting your site, but it will also impress Google as well.


10. Unique, Top Level Domain


Basically, this means that your domain should be a “.com” in order to succeed. Plus, the name itself needs to be short as possible, related to your area of interest and easy to remember.


When applying for AdSense, you will need to keep all of these things in mind so that you will be accepted. However, all of the attributes that Google AdSense requires are also ones that will boost your website as well. So, keep this in mind when you apply for AdSense because the result will be a blog that will start earning you another income stream that can build over time.

How to Replace Older Posts and Newer Posts Links with Blogger Post Titles






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Sunday, November 27, 2016

Saturday, November 26, 2016

Farewell Fidel

Twentieth century political icons don’t get much bigger than Fidel Castro. His death will reignite many important and still unresolved debates about his particular place in history, and about the revolutionary ideas he seemed to epitomize.


For many of my generation, he retained a special place in our collective imagination, however undeserved it may have been in reality. The hopelessly corrupt regime that he, and his even more glamorous co-conspirator Che Guevara, overthrew was the quintessential banana republic. Causes don’t get much more worthy either, it seemed.


The parasitic regime of Fulgencio Batista provided a convenient playground for dissolute Americans escaping the cloying morality of the United States in the 1950s. From the little we knew about Cuba then, Fidel looked to be unambiguously on the right side of history. This is not the way he will be remembered, of course.


Unlike Che, Fidel lived long enough to see his legacy tarnished, his model overturned, and even relations with his arch enemy normalized. In such circumstances, the very real achievements of the Castro regime are likely to be forgotten.


The reality is, though, that a dirt poor third world country managed to create a very credible medical and education system. True, there may have been some doubts about the curriculum, but key social indicators compared well with other states in the region. Indeed, as iconoclastic film director Michael Moore took delight in pointing out, Cuba’s medical system was in many ways better than that of the US itself.


Not bad for a country that has labored under American economic sanctions for more than half a century. Australia might have struggled under such circumstances, too, and we’re the other side of the planet with some formidable domestic advantages. How much more remarkable that the Cubans actually did as well as they have.


It’s not hard to see why the US loathed Castro and mounted a – at times, comical – series of efforts to assassinate or overthrow him. The abortive, CIA sponsored ‘Bay of Pigs’ invasion in 1961, which ended in humiliation for the US, only reinforced Castro’s position and aura amongst his own people and some of his more starry-eyed foreign admirers.


Even the Cuban Missile Crisis of 1962, in which the US and the Soviet Union came to the brink of nuclear war over the latter’s attempts to place ballistic missiles on Cuban soil, did not dislodge Fidel. It did cement his reputation as the most irritating and enduring affront to American hegemony in the region the US considered its own, however.


In what may prove to have been the last gasp of revolutionary idealism in Latin America, and possibly the world, the so-called Pink Tide that swept through the region in the 1990s and 2000s looked as if it might present yet another challenge to American dominance and the political and economic order it represented.


A succession of leftist leaders in Latin America have come, gone or – in the case of Hugo Chavez’s successor in Venezuela, Nicolas Maduro – look to be on their way out. Even in Brazil, former president Lula da Silva’s legacy has been fatally undermined by a major corruption scandal and the dismal performance of the Brazilian economy of late.


Paradoxically enough, however, Cuba’s future might actually be brighter than some of its counterparts in South America. No one can predict what the incoming Trump regime may do in this context (or any other), but if Fidel’s brother Raul, continues to liberalize the economy and improve relations with Cuba’s giant neighbor, they may benefit from much needed inflows of investment and tourists.


Given that we would be pretty much back where we started before Fidel launched the revolution this would be another historical irony. It also begs questions about the ability of ‘great men of history’ to make an enduring difference and about their long-term legacies.


We now know Mao Zedong was a megalomaniacal monster, despite the popularity of his little Red Book in the heady era of the 1960s. There aren’t too many communists in China these days either, and no one is planning a return to central planning.


Fidel Castro is consequently an anachronism and symbol of a particular time and place. Socialism remains a dazzlingly attractive idea in theory. Even its biggest admirers would have to concede that the practice hasn’t worked out quite as well.


What Robert Michels famously described as the ‘iron law of oligarchy’ looks more apposite and persuasive than ever, and not just in putative banana republics. The rise of nationalism north of the border provides a sobering illustration of the difficulty of even talking about progressive change in a way that actually resonates with ‘the masses’, as we used to know them.


As Fidel’s life and times reminds, actually doing anything transformative about repression and inequality looks as difficult and unlikely as it has ever been.

Carmichael mine jumps another legal hurdle, but litigants are making headway

The Carmichael coal mine planned for Queensland’s Galilee Basin has cleared another legal hurdle, with the state’s Supreme Court dismissing a legal challenge to the validity of the Queensland government’s decision to approve the project.


The court found in favour of the Queensland Department of Environment and Heritage Protection, ruling that its approval of Indian firm Adani’s proposal was within the rules.


The decision is another setback for environmentalists’ bid to stop the controversial project. But Adani does not yet have a green light to break ground on the project, and legal questions still remain, both about this project and about climate change litigation more generally.


The Supreme Court ruling


It is important to note that this was a judicial review proceeding – a narrow type of review in which the court is not permitted to consider whether or not the decision to approve the mine was “correct”. The court could only rule on whether correct procedures were followed, while accepting that the decision was at the government’s discretion.


Within this already narrow context, the argument on which the legal challenge hinged was even more constrained. It was brought by an environmental campaign group called Land Services of Coast and Country (LSCC), and was focused on a particular point of Queensland environmental law.


Queensland’s Environmental Protection Act 1994 requires that decisions are made in accordance with the Act’s objective, which is to deliver “ecologically sustainable developent”. LSCC argued that the government failed to do this in approving the coalmine.


The Supreme Court disagreed, finding that the government had considered all matters that it were obliged to consider. So in this respect, the Supreme Court’s decision is an endorsement of the process, but not necessarily the ultimate decision.


Is this the final hurdle overcome for Adani?


In short, no. The decision can be referred to Queensland’s Court of Appeal. There is also ongoing litigation against Adani in the Federal Court of Australia under federal environmental and native title laws. There are also some approvals yet to be obtained by Adani, including a groundwater licence.


Is this ruling a rejection of climate change arguments against the coal mine?


No. This case dealt specifically with the question of whether the Queensland government had complied with a particular aspect of the law. The Supreme Court did not (and was not able to) address the potential climate change impacts of the proposed mine.


These climate issues were addressed more fully by Queensland’s Land Court in the case of Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors (2015) QLC 48.


Importantly, the Land Court in this case accepted the scientific basis for climate change, and agreed that “scope 3 emissions” (that is, the emissions produced when the coal is burned overseas) are indeed a relevant consideration in whether or not to approve the mine.


However, Adani successfully used a “market substitution” defence, arguing that if the mine is refused, coal would simply be mined elsewhere and burned regardless.


What does this case say about climate change litigation more generally?


The latest judgement was handed down amid a series of fresh attacks on the rights of environmental groups to use Australia’s environmental laws to hold companies and governments to account. Federal Environment and Energy Minister Josh Frydenberg has raised concerns about “activists … seeking to frustrate” projects with “vexatious litigation”, while Prime Minister Malcolm Turnbull has revived plans to amend federal environmental legislation so as to restrict standing to apply for judicial review – the so-called “lawfare” amendments.


In the wake of the new ruling, the head of the Queensland Resources Council has criticised the delays caused by litigation against mining projects.


This begs the question: is climate change litigation “vexatious”? A close analysis of Queensland court decisions would suggest the opposite. Climate change issues have been considered in a series of three key Queensland Land Court cases: Wandoan Mine in 2012, Alpha Coal Project in 2014, and the Carmichael Mine (Adani) in 2015.


The Alpha Coal matter has proceeded to the Supreme Court, the Court of Appeal, and leave has been sought to appeal to the High Court of Australia. Importantly, none of these cases has been dismissed as vexatious; each resulted in a lengthy judgement analysing the complex legal issues raised by the objector.


Furthermore, although objectors have not yet succeeded in stopping a mining project on the basis of climate concerns, they have nevertheless made modest strides. Most recently, President McMurdo of Queensland’s Court of Appeal found that the Land Court must consider scope 3 emissions in deciding whether a mine should be granted environmental approval. This represents significant progress, given that climate science was questioned by Queensland Courts less than ten years ago.


The only significant barrier remaining to a successful climate change case is the market substitution defence, which will be considered by the High Court if special leave is granted in the Alpha Coal matter.


Climate change litigation has also clarified other environmental and economic impacts. In the Carmichael Mine case, it was discovered that the mine site was a critical habitat for the endangered black-throated finch – evidence that was not previously available. The Land Court ordered strict conditions aimed at protecting this species. The litigation also served to clarify the significantly overstated economic benefits of the mine – particularly Adani’s estimate that it would generate more than 10,000 jobs. It was revealed in court that this figure was more likely to be 1,206 jobs in Queensland, as part of a total of 1,464 jobs in Australia.


Where to for climate change litigation?


Although the latest judgement is another setback for environmental groups, it is part of a bigger body of case law that is making real and discernible progress in ensuring that climate change is considered by decision-makers and courts.


Given that several courts have agreed on the validity of climate litigants’ arguments, it seems perverse for the federal government to try and restrict environmental groups’ right to continue raising these concerns.

We must challenge the culture of silence about child sexual abuse in football

Professional footballers, including the former Crewe Alexandra player Andy Woodward, have been speaking out recently about their experiences of sexual abuse as children. They include alleged victims of football coach Barry Bennell, who was sentenced to nine years in prison in 1998, and are waiving their right to anonymity.


The NSPCC said a special hotline, set up after four professional footballers spoke out about their abuse, received more than 50 calls in its first two hours.


These developments follow the conviction in March 2016 of former Sunderland footballer Adam Johnson, found guilty of grooming and sexual activity with a 15-year-old girl.


Sports, such as football, can be an ideal environment for trusting relationships between coaches and athletes to be developed – and exploited. Research has highlighted the “grooming process” in sport, in which a coach could abuse their position of authority to gradually erode the personal boundaries between athletes to subject them to sexual abuse.


Some coaches abuse their power


A large amount of power is invested in a sports coach. They can impose their version of reality on athletes. In this context, perpetrators of abuse can isolate victims from potential sources of support within that reality by controlling the psychological environment. This can be through direct emotional manipulation, psychological abuse, and the creation of a highly volatile, psychologically abusive training environment.


A recent study I worked on with Andrew Sparkes at Leeds Beckett University, focused on the story of “Bella” – not her real name – a female athlete, who was groomed and then sexually abused by her male coach. We drew on previous research to explore three main types of harrassing coaches:



  1. The flirting-charming coach: someone always flirting, joking, or trying to touch the athlete.




  2. The seductive coach: someone who went further, trying to “hit on everyone”.




  3. The authoritarian coach: someone who used his power over the athlete. He was also characterised as having psychological problems and often had a degrading and negative view of women in general.



Bella’s coach was able to shift between the personae and tactics of the different coaches in order to groom her and have “power over” and own her for many years.


Jock culture hides abuse


While sexual abuse exists in many different sports, football embraces masculine characteristics which act like a cult – a subculture adhering to its own list of commandments situated in a type of “jock culture”. In the past, the commonly accepted ethos of “suffer in silence” and the traditional belief that children’s voices should not be heard, could too easily be used to disguise sexually abusive behaviours.


Often athletes believe that the “jock culture” of which they are a part takes precedence over any other authoritative structures outside their sporting world – a bubble which can cut them off from external support.


Men’s football, in particular, provides a platform to global celebrity, bloated salaries, corporate sponsorship and fan adulation that can catapult male footballers to fame and fortune. Football coaches, similar to other positions of power, are the gatekeepers to this dream and this status comes with power that has the potential to be abused.


Breaking the silence


This power is reinforced when they are found to have committed serious violent or sexual offences – but not punished. Evidence from the NFL in the US regarding violence against women suggests that sportspeople are less likely to be “punished by the leagues, teams, or criminal justice system as harshly or consistently as their general public counterparts”.



The overwhelmingly high value placed on men’s sport, specifically men’s football, might mean that abusers think they can get away with abusive behaviours which might include sexual or child abuse. Many victims are made to believe by the perpetrator that they were the only one who was abused – that they were “special” and would not be believed if they came forward. It can also be extremely difficult for men to admit to being a victim. Speaking out about abuse means breaking codes of masculinity and camaraderie that are closely tied to sporting identity.


While it is important for people to tell their stories, we need to be careful that the news does not create moral panic which leads to a culture of fear around coaches as “dangerous individuals”. While the footballers who have spoken out are very courageous, it’s important not to cast suspicion on all coaches.


Many of the effects of abuse on victims – such as drink and drug abuse, depression, suicidal feelings and sexual disturbance – are misunderstood. The culture of silence surrounding sexual abuse in sport can perpetuate feelings of isolation for victims of abuse. Speaking out about their abuse enables victims, bystanders and other sportspeople to become whistleblowers who challenge the culture of silence that seems to exist in football and other sports about this kind of abuse. After all, the shame lies completely with the abuser, not with the abused.

Changes to contract laws could give small farming businesses more control of data and innovation

New laws that are designed to protect small businesses from falling victim to unfair contract terms may help tip the balance of power back in favour of smaller farmers, especially when it comes to innovations involving data.


In November 2016, Australia’s current regime of protection against unfair contract terms for consumers will be extended to cover unfair terms in standard pre-printed form contracts for small business. I am studying the impact of these changes on the multitude of standard form contracts that farmers deal with on a daily basis, particularly contracts associated with digital agriculture.


It won’t be too long before we see swarms of autonomous, collision-avoiding agri-bots, driverless tractors and drones in use on farms. These digital technologies bring undeniable opportunities for productivity gains to farmers.


However for each digital farming technology adopted, a standard form “Terms of Use” agreement is entered into by the farmers. This regulates the collection and aggregation of the farm data by the technology.


Farm data is being seen as one of the most valuable things that farmers harvest now because it can be used to predictive business models for all aspects of farming. Many of these “Terms of Use” agreements can be one-sided, as they give agribusinesses the ability to develop these models, while farmers lack this information.


Extending the law to cover unfair contract terms for small business


The new unfair contracts term legislation affords protection to small business- defined as those that employ fewer than 20 persons. While there are some notable exceptions, many primary producers operate businesses that would fall under this definition of a small business, this includes the dairy and horticultural industries.


The unfair terms in milk processing contracts being enforced against dairy farmers in Victoria are just one example of the impact that unfair contract terms can have on an industry. This is also now the subject of an Australian Competition and Consumer Commission review.


Under the most recent changes, a contract term may be declared void and unenforceable if it satisfies these three criteria:


  1. the contract is a standard form contract for the supply of goods and services (including financial services) or the sale or grant of an interest in land
  2. where the upfront price payable under the contract does not exceed A$300,000 for contracts shorter than 1 year (or A$1,000,000 for contracts longer than 12 months)
  3. the term is unfair.

In terms of the third requirement terms are defined as “unfair” where:


  • they could cause a significant imbalance in the parties’ rights and obligations

  • it is not reasonably necessary to protect the legitimate interest of the party relying up the term

  • detriment is suffered, either financial or otherwise.

In considering whether individual terms are unfair – how transparent they are and how they relate to the contract as a whole are looked at. Put simply, transparency means the terms are legible, in plain language, presented clearly and readily available to any party affected by the term or contract.


The standard form contracts the new laws apply to, are prepared by one party and presented to the other party who has little or no opportunity to negotiate the terms prior to entry. There are certain contracts between IT companies and farmers that could be considered unfair under the new legislation.


For example, agribusinesses are working hand in hand with IT companies to develop the new digital farming technologies, like business giant Monsanto’s acquisition of Climate Corp (who specialise in digital systems) in the United States. Farmers agree to data contracts from these companies as part of using their technologies.


Often these contracts the use an agreement where the click of an “I agree” icon signifies consent to the terms of a software licence. This could be considered not a completely thorough or transparent process for understanding the information in the contract.


How the changes may affect the digital farmer


The “terms of use” embedded in digital farming technologies are complex, generally non-negotiable and presented on a “take it or leave it” basis when the technology is adopted. Many of the terms in these data contracts (that relate to the ownership, privacy, security, and the sharing of farm data with third parties) are not exactly considered to be transparent in relation to these latest unfair terms reforms.


The small print in some instances is locked under layers of policies that can only be found on some agribusinesses websites. This then creates a power imbalance between some multinational agribusinesses and small farming businesses. This is because often farmers are not made aware of the terms upon which they are giving access to their farm data.


Farmers have long held concerns about the security and privacy of their data and whether they have a right of access to their data once it has been collected and aggregated. A recent report revealed the majority of farmers saw value in sharing data with their peers but privacy was still one of the main concerns.


The latest extension of the law to cover small farming businesses contracts provides a golden opportunity for large agricultural data companies to review their contracts with farmers’ concerns in mind. Terms that appear excessive in terms of what is reasonable to protect their interests should be reviewed to ensure the privacy and security of farmers’ data is adequately protected.


Hopefully, these changes will go some way towards a more transparent, fair and equitable contracting environment where conversation and negotiation become part of the future of big agricultural data.

VIDEO: Michelle Grattan on One Nation's troubles


Tensions between Pauline Hanson and her beleaguered One Nation senator Rod Culleton have been on open display this week, raising the question of whether the party will be able to hold it all together.


Michelle Grattan tells University of Canberra vice-chancellor Deep Saini that it’s going to be quite hard for Hanson to keep her senators well disciplined.


“At the same time it’s obvious that both sides of politics are now really fearing Pauline Hanson’s electoral power. We heard George Brandis caught on an open mic telling the Victorian Liberal president that One Nation really was going to be quite significant at the next state election [in Queensland] and I think that both sides of politics feel that,” Grattan says.


“You have this paradox in a sense – rising importance of One Nation electorally but difficulties in keeping the show together in Canberra, in the Senate, where of course it’s also powerful.”

Workers fight back with deviant behaviour in a precarious workplace: study

When working conditions are harsh, workers are more likely to find satisfaction through small acts of deviant behaviour instead of banding together or joining a union, my research shows.


I interviewed 30 unskilled workers from five different sites in the greater Brisbane region. The workers came from large, centralised retail, automotive and food wholesaler workplaces and were under strict instruction and surveillance. I asked them about how they manage and organise their shifts.


The people working in these precarious conditions often concealed anxieties or insecurities about the role that work performs in their life. Their insecurities, however, emerged through deviant practices and cynical or apathetic behaviours to work.


Deviant actions involved cutting corners, avoiding paperwork and often avoiding health and safety procedures. Workers operated subtly in order to avoid detection from management.


These activities proved useful to workers because they allowed deadlines and quotas to be met more easily, while simultaneously allowing them avenues to socialise and enjoy aspects of their work day. While workers readily acknowledged deviating from management directives, they also recognised the importance of being perceived as a “valuable” worker.


My analysis suggests that deviant practices were often implemented in order to achieve more existential security at work. Deviant practices were important to workers who felt exhausted, stressed, or who had limited social interaction at work.


Other research shows that merely the threat of precarious employment has negative effects of workers’ health. This can manifest in physical and physiological forms: heightened risk of depression, stress, exhaustion, sleeping disorders, headaches, and high blood pressure.


Workers in precarious environments can also become “urban nomads” as they are stripped of traditional community benefits that come with regular salaried work; benefits such as a sense of community and a loss of work-based identity. It’s the loss of this community that leaves precarious workers not just financially, but socially unstable.


The study suggests that workers were far more likely to game the system rather than slack off. So rather than resist work entirely, workers were resisting the negative and precarious aspects of work.


This resistance allowed workers more social time and benefits they wouldn’t otherwise receive. While this distinction is subtle, it is important; it suggests that work is still a valuable social experience for these workers even though their relationship to it is precariously positioned.


Precarious work can involve any number of environmental uncertainties that arise in work; however, the most significant appear to be a loss of paid leave entitlements and work benefits that occur with temporary employment.


Statistics from the United Kingdom suggest that one in five workers is employed under precarious work conditions. The statistics are much the same in Australia; the Australian Bureau of Statistics (ABS) lists casual or temporary employment at 19% (equivalent to one in five workers).


However, unlike the UK, Australian rates of unionisation are much lower. OECD figures suggest that trade union density (as of 2014) in the UK was 25.1%, compared with Australia’s 15.5%.


This disparity suggests that while Australian workers are just as likely as UK workers to be without secure employment, Australian workers were less likely to have the social support that unions and other organisations can offer.


Although deviant behaviour appears to be a problem for management, it’s important to recognise its social and psychological effects on workers. In an economic space that offers temporary contracts and little to no social support, it seems logical for workers to seek social-security through other avenues in the workplace. Consequently, even small acts of resistance provide valuable mechanisms for employees.


The data from this research suggests that while workers create existential security, they often fail to address the precarious working conditions that give rise to insecure mindsets. So while workers today partake in the ageless ritual of working-class resistance, the absence of collective organisation (like in unions) appears to be particularly problematic.


The effects of precarious work and the construction of insecure workers is particularly important in our global age. Without collective action between workers, the re-integration of unions into the workforce or intervention from national governments, it seems that any localised resistance to precarious work will never be more than just what it is: localised.

Friday, November 25, 2016

Farewell Fidel

Twentieth century political icons don’t get much bigger than Fidel Castro. His death will reignite many important and still unresolved debates about his particular place in history, and about the revolutionary ideas he seemed to epitomize.


For many of my generation, he retained a special place in our collective imagination, however undeserved it may have been in reality. The hopelessly corrupt regime that he, and his even more glamorous co-conspirator Che Guevara, overthrew was the quintessential banana republic. Causes don’t get much more worthy either, it seemed.


The parasitic regime of Fulgencio Batista provided a convenient playground for dissolute Americans escaping the cloying morality of the United States in the 1950s. From the little we knew about Cuba then, Fidel looked to be unambiguously on the right side of history. This is not the way he will be remembered, of course.


Unlike Che, Fidel lived long enough to see his legacy tarnished, his model overturned, and even relations with his arch enemy normalized. In such circumstances, the very real achievements of the Castro regime are likely to be forgotten.


The reality is, though, that a dirt poor third world country managed to create a very credible medical and education system. True, there may have been some doubts about the curriculum, but key social indicators compared well with other states in the region. Indeed, as iconoclastic film director Michael Moore took delight in pointing out, Cuba’s medical system was in many ways better than that of the US itself.


Not bad for a country that has labored under American economic sanctions for more than half a century. Australia might have struggled under such circumstances, too, and we’re the other side of the planet with some formidable domestic advantages. How much more remarkable that the Cubans actually did as well as they have.


It’s not hard to see why the US loathed Castro and mounted a – at times, comical – series of efforts to assassinate or overthrow him. The abortive, CIA sponsored ‘Bay of Pigs’ invasion in 1961, which ended in humiliation for the US, only reinforced Castro’s position and aura amongst his own people and some of his more starry-eyed foreign admirers.


Even the Cuban Missile Crisis of 1962, in which the US and the Soviet Union came to the brink of nuclear war over the latter’s attempts to place ballistic missiles on Cuban soil, did not dislodge Fidel. It did cement his reputation as the most irritating and enduring affront to American hegemony in the region the US considered its own, however.


In what may prove to have been the last gasp of revolutionary idealism in Latin America, and possibly the world, the so-called Pink Tide that swept through the region in the 1990s and 2000s looked as if it might present yet another challenge to American dominance and the political and economic order it represented.


A succession of leftist leaders in Latin America have come, gone or – in the case of Hugo Chavez’s successor in Venezuela, Nicolas Maduro – look to be on their way out. Even in Brazil, former president Lula da Silva’s legacy has been fatally undermined by a major corruption scandal and the dismal performance of the Brazilian economy of late.


Paradoxically enough, however, Cuba’s future might actually be brighter than some of its counterparts in South America. No one can predict what the incoming Trump regime may do in this context (or any other), but if Fidel’s brother Raul, continues to liberalize the economy and improve relations with Cuba’s giant neighbor, they may benefit from much needed inflows of investment and tourists.


Given that we would be pretty much back where we started before Fidel launched the revolution this would be another historical irony. It also begs questions about the ability of ‘great men of history’ to make an enduring difference and about their long-term legacies.


We now know Mao Zedong was a megalomaniacal monster, despite the popularity of his little Red Book in the heady era of the 1960s. There aren’t too many communists in China these days either, and no one is planning a return to central planning.


Fidel Castro is consequently an anachronism and symbol of a particular time and place. Socialism remains a dazzlingly attractive idea in theory. Even its biggest admirers would have to concede that the practice hasn’t worked out quite as well.


What Robert Michels famously described as the ‘iron law of oligarchy’ looks more apposite and persuasive than ever, and not just in putative banana republics. The rise of nationalism north of the border provides a sobering illustration of the difficulty of even talking about progressive change in a way that actually resonates with ‘the masses’, as we used to know them.


As Fidel’s life and times reminds, actually doing anything transformative about repression and inequality looks as difficult and unlikely as it has ever been.

Carmichael mine jumps another legal hurdle, but litigants are making headway

The Carmichael coal mine planned for Queensland’s Galilee Basin has cleared another legal hurdle, with the state’s Supreme Court dismissing a legal challenge to the validity of the Queensland government’s decision to approve the project.


The court found in favour of the Queensland Department of Environment and Heritage Protection, ruling that its approval of Indian firm Adani’s proposal was within the rules.


The decision is another setback for environmentalists’ bid to stop the controversial project. But Adani does not yet have a green light to break ground on the project, and legal questions still remain, both about this project and about climate change litigation more generally.


The Supreme Court ruling


It is important to note that this was a judicial review proceeding – a narrow type of review in which the court is not permitted to consider whether or not the decision to approve the mine was “correct”. The court could only rule on whether correct procedures were followed, while accepting that the decision was at the government’s discretion.


Within this already narrow context, the argument on which the legal challenge hinged was even more constrained. It was brought by an environmental campaign group called Land Services of Coast and Country (LSCC), and was focused on a particular point of Queensland environmental law.


Queensland’s Environmental Protection Act 1994 requires that decisions are made in accordance with the Act’s objective, which is to deliver “ecologically sustainable developent”. LSCC argued that the government failed to do this in approving the coalmine.


The Supreme Court disagreed, finding that the government had considered all matters that it were obliged to consider. So in this respect, the Supreme Court’s decision is an endorsement of the process, but not necessarily the ultimate decision.


Is this the final hurdle overcome for Adani?


In short, no. The decision can be referred to Queensland’s Court of Appeal. There is also ongoing litigation against Adani in the Federal Court of Australia under federal environmental and native title laws. There are also some approvals yet to be obtained by Adani, including a groundwater licence.


Is this ruling a rejection of climate change arguments against the coal mine?


No. This case dealt specifically with the question of whether the Queensland government had complied with a particular aspect of the law. The Supreme Court did not (and was not able to) address the potential climate change impacts of the proposed mine.


These climate issues were addressed more fully by Queensland’s Land Court in the case of Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors (2015) QLC 48.


Importantly, the Land Court in this case accepted the scientific basis for climate change, and agreed that “scope 3 emissions” (that is, the emissions produced when the coal is burned overseas) are indeed a relevant consideration in whether or not to approve the mine.


However, Adani successfully used a “market substitution” defence, arguing that if the mine is refused, coal would simply be mined elsewhere and burned regardless.


What does this case say about climate change litigation more generally?


The latest judgement was handed down amid a series of fresh attacks on the rights of environmental groups to use Australia’s environmental laws to hold companies and governments to account. Federal Environment and Energy Minister Josh Frydenberg has raised concerns about “activists … seeking to frustrate” projects with “vexatious litigation”, while Prime Minister Malcolm Turnbull has revived plans to amend federal environmental legislation so as to restrict standing to apply for judicial review – the so-called “lawfare” amendments.


In the wake of the new ruling, the head of the Queensland Resources Council has criticised the delays caused by litigation against mining projects.


This begs the question: is climate change litigation “vexatious”? A close analysis of Queensland court decisions would suggest the opposite. Climate change issues have been considered in a series of three key Queensland Land Court cases: Wandoan Mine in 2012, Alpha Coal Project in 2014, and the Carmichael Mine (Adani) in 2015.


The Alpha Coal matter has proceeded to the Supreme Court, the Court of Appeal, and leave has been sought to appeal to the High Court of Australia. Importantly, none of these cases has been dismissed as vexatious; each resulted in a lengthy judgement analysing the complex legal issues raised by the objector.


Furthermore, although objectors have not yet succeeded in stopping a mining project on the basis of climate concerns, they have nevertheless made modest strides. Most recently, President McMurdo of Queensland’s Court of Appeal found that the Land Court must consider scope 3 emissions in deciding whether a mine should be granted environmental approval. This represents significant progress, given that climate science was questioned by Queensland Courts less than ten years ago.


The only significant barrier remaining to a successful climate change case is the market substitution defence, which will be considered by the High Court if special leave is granted in the Alpha Coal matter.


Climate change litigation has also clarified other environmental and economic impacts. In the Carmichael Mine case, it was discovered that the mine site was a critical habitat for the endangered black-throated finch – evidence that was not previously available. The Land Court ordered strict conditions aimed at protecting this species. The litigation also served to clarify the significantly overstated economic benefits of the mine – particularly Adani’s estimate that it would generate more than 10,000 jobs. It was revealed in court that this figure was more likely to be 1,206 jobs in Queensland, as part of a total of 1,464 jobs in Australia.


Where to for climate change litigation?


Although the latest judgement is another setback for environmental groups, it is part of a bigger body of case law that is making real and discernible progress in ensuring that climate change is considered by decision-makers and courts.


Given that several courts have agreed on the validity of climate litigants’ arguments, it seems perverse for the federal government to try and restrict environmental groups’ right to continue raising these concerns.

Changes to contract laws could give small farming businesses more control of data and innovation

New laws that are designed to protect small businesses from falling victim to unfair contract terms may help tip the balance of power back in favour of smaller farmers, especially when it comes to innovations involving data.


In November 2016, Australia’s current regime of protection against unfair contract terms for consumers will be extended to cover unfair terms in standard pre-printed form contracts for small business. I am studying the impact of these changes on the multitude of standard form contracts that farmers deal with on a daily basis, particularly contracts associated with digital agriculture.


It won’t be too long before we see swarms of autonomous, collision-avoiding agri-bots, driverless tractors and drones in use on farms. These digital technologies bring undeniable opportunities for productivity gains to farmers.


However for each digital farming technology adopted, a standard form “Terms of Use” agreement is entered into by the farmers. This regulates the collection and aggregation of the farm data by the technology.


Farm data is being seen as one of the most valuable things that farmers harvest now because it can be used to predictive business models for all aspects of farming. Many of these “Terms of Use” agreements can be one-sided, as they give agribusinesses the ability to develop these models, while farmers lack this information.


Extending the law to cover unfair contract terms for small business


The new unfair contracts term legislation affords protection to small business- defined as those that employ fewer than 20 persons. While there are some notable exceptions, many primary producers operate businesses that would fall under this definition of a small business, this includes the dairy and horticultural industries.


The unfair terms in milk processing contracts being enforced against dairy farmers in Victoria are just one example of the impact that unfair contract terms can have on an industry. This is also now the subject of an Australian Competition and Consumer Commission review.


Under the most recent changes, a contract term may be declared void and unenforceable if it satisfies these three criteria:


  1. the contract is a standard form contract for the supply of goods and services (including financial services) or the sale or grant of an interest in land
  2. where the upfront price payable under the contract does not exceed A$300,000 for contracts shorter than 1 year (or A$1,000,000 for contracts longer than 12 months)
  3. the term is unfair.

In terms of the third requirement terms are defined as “unfair” where:


  • they could cause a significant imbalance in the parties’ rights and obligations

  • it is not reasonably necessary to protect the legitimate interest of the party relying up the term

  • detriment is suffered, either financial or otherwise.

In considering whether individual terms are unfair – how transparent they are and how they relate to the contract as a whole are looked at. Put simply, transparency means the terms are legible, in plain language, presented clearly and readily available to any party affected by the term or contract.


The standard form contracts the new laws apply to, are prepared by one party and presented to the other party who has little or no opportunity to negotiate the terms prior to entry. There are certain contracts between IT companies and farmers that could be considered unfair under the new legislation.


For example, agribusinesses are working hand in hand with IT companies to develop the new digital farming technologies, like business giant Monsanto’s acquisition of Climate Corp (who specialise in digital systems) in the United States. Farmers agree to data contracts from these companies as part of using their technologies.


Often these contracts the use an agreement where the click of an “I agree” icon signifies consent to the terms of a software licence. This could be considered not a completely thorough or transparent process for understanding the information in the contract.


How the changes may affect the digital farmer


The “terms of use” embedded in digital farming technologies are complex, generally non-negotiable and presented on a “take it or leave it” basis when the technology is adopted. Many of the terms in these data contracts (that relate to the ownership, privacy, security, and the sharing of farm data with third parties) are not exactly considered to be transparent in relation to these latest unfair terms reforms.


The small print in some instances is locked under layers of policies that can only be found on some agribusinesses websites. This then creates a power imbalance between some multinational agribusinesses and small farming businesses. This is because often farmers are not made aware of the terms upon which they are giving access to their farm data.


Farmers have long held concerns about the security and privacy of their data and whether they have a right of access to their data once it has been collected and aggregated. A recent report revealed the majority of farmers saw value in sharing data with their peers but privacy was still one of the main concerns.


The latest extension of the law to cover small farming businesses contracts provides a golden opportunity for large agricultural data companies to review their contracts with farmers’ concerns in mind. Terms that appear excessive in terms of what is reasonable to protect their interests should be reviewed to ensure the privacy and security of farmers’ data is adequately protected.


Hopefully, these changes will go some way towards a more transparent, fair and equitable contracting environment where conversation and negotiation become part of the future of big agricultural data.

VIDEO: Michelle Grattan on One Nation's troubles


Tensions between Pauline Hanson and her beleaguered One Nation senator Rod Culleton have been on open display this week, raising the question of whether the party will be able to hold it all together.


Michelle Grattan tells University of Canberra vice-chancellor Deep Saini that it’s going to be quite hard for Hanson to keep her senators well disciplined.


“At the same time it’s obvious that both sides of politics are now really fearing Pauline Hanson’s electoral power. We heard George Brandis caught on an open mic telling the Victorian Liberal president that One Nation really was going to be quite significant at the next state election [in Queensland] and I think that both sides of politics feel that,” Grattan says.


“You have this paradox in a sense – rising importance of One Nation electorally but difficulties in keeping the show together in Canberra, in the Senate, where of course it’s also powerful.”

Workers fight back with deviant behaviour in a precarious workplace: study

When working conditions are harsh, workers are more likely to find satisfaction through small acts of deviant behaviour instead of banding together or joining a union, my research shows.


I interviewed 30 unskilled workers from five different sites in the greater Brisbane region. The workers came from large, centralised retail, automotive and food wholesaler workplaces and were under strict instruction and surveillance. I asked them about how they manage and organise their shifts.


The people working in these precarious conditions often concealed anxieties or insecurities about the role that work performs in their life. Their insecurities, however, emerged through deviant practices and cynical or apathetic behaviours to work.


Deviant actions involved cutting corners, avoiding paperwork and often avoiding health and safety procedures. Workers operated subtly in order to avoid detection from management.


These activities proved useful to workers because they allowed deadlines and quotas to be met more easily, while simultaneously allowing them avenues to socialise and enjoy aspects of their work day. While workers readily acknowledged deviating from management directives, they also recognised the importance of being perceived as a “valuable” worker.


My analysis suggests that deviant practices were often implemented in order to achieve more existential security at work. Deviant practices were important to workers who felt exhausted, stressed, or who had limited social interaction at work.


Other research shows that merely the threat of precarious employment has negative effects of workers’ health. This can manifest in physical and physiological forms: heightened risk of depression, stress, exhaustion, sleeping disorders, headaches, and high blood pressure.


Workers in precarious environments can also become “urban nomads” as they are stripped of traditional community benefits that come with regular salaried work; benefits such as a sense of community and a loss of work-based identity. It’s the loss of this community that leaves precarious workers not just financially, but socially unstable.


The study suggests that workers were far more likely to game the system rather than slack off. So rather than resist work entirely, workers were resisting the negative and precarious aspects of work.


This resistance allowed workers more social time and benefits they wouldn’t otherwise receive. While this distinction is subtle, it is important; it suggests that work is still a valuable social experience for these workers even though their relationship to it is precariously positioned.


Precarious work can involve any number of environmental uncertainties that arise in work; however, the most significant appear to be a loss of paid leave entitlements and work benefits that occur with temporary employment.


Statistics from the United Kingdom suggest that one in five workers is employed under precarious work conditions. The statistics are much the same in Australia; the Australian Bureau of Statistics (ABS) lists casual or temporary employment at 19% (equivalent to one in five workers).


However, unlike the UK, Australian rates of unionisation are much lower. OECD figures suggest that trade union density (as of 2014) in the UK was 25.1%, compared with Australia’s 15.5%.


This disparity suggests that while Australian workers are just as likely as UK workers to be without secure employment, Australian workers were less likely to have the social support that unions and other organisations can offer.


Although deviant behaviour appears to be a problem for management, it’s important to recognise its social and psychological effects on workers. In an economic space that offers temporary contracts and little to no social support, it seems logical for workers to seek social-security through other avenues in the workplace. Consequently, even small acts of resistance provide valuable mechanisms for employees.


The data from this research suggests that while workers create existential security, they often fail to address the precarious working conditions that give rise to insecure mindsets. So while workers today partake in the ageless ritual of working-class resistance, the absence of collective organisation (like in unions) appears to be particularly problematic.


The effects of precarious work and the construction of insecure workers is particularly important in our global age. Without collective action between workers, the re-integration of unions into the workforce or intervention from national governments, it seems that any localised resistance to precarious work will never be more than just what it is: localised.

Understanding the four types of AI, from reactive robots to self-aware beings

The common, and recurring, view of the latest breakthroughs in artificial intelligence research is that sentient and intelligent machines are just on the horizon. Machines understand verbal commands, distinguish pictures, drive cars and play games better than we do. How much longer can it be before they walk among us?


The new White House report on artificial intelligence takes an appropriately skeptical view of that dream. It says the next 20 years likely won’t see machines “exhibit broadly-applicable intelligence comparable to or exceeding that of humans,” though it does go on to say that in the coming years, “machines will reach and exceed human performance on more and more tasks.” But its assumptions about how those capabilities will develop missed some important points.


As an AI researcher, I’ll admit it was nice to have my own field highlighted at the highest level of American government, but the report focused almost exclusively on what I call “the boring kind of AI.” It dismissed in half a sentence my branch of AI research, into how evolution can help develop ever-improving AI systems, and how computational models can help us understand how our human intelligence evolved.


The report focuses on what might be called mainstream AI tools: machine learning and deep learning. These are the sorts of technologies that have been able to play “Jeopardy!” well, and beat human Go masters at the most complicated game ever invented. These current intelligent systems are able to handle huge amounts of data and make complex calculations very quickly. But they lack an element that will be key to building the sentient machines we picture having in the future.


We need to do more than teach machines to learn. We need to overcome the boundaries that define the four different types of artificial intelligence, the barriers that separate machines from us – and us from them.


Type I AI: Reactive machines


The most basic types of AI systems are purely reactive, and have the ability neither to form memories nor to use past experiences to inform current decisions. Deep Blue, IBM’s chess-playing supercomputer, which beat international grandmaster Garry Kasparov in the late 1990s, is the perfect example of this type of machine.


Deep Blue can identify the pieces on a chess board and know how each moves. It can make predictions about what moves might be next for it and its opponent. And it can choose the most optimal moves from among the possibilities.


But it doesn’t have any concept of the past, nor any memory of what has happened before. Apart from a rarely used chess-specific rule against repeating the same move three times, Deep Blue ignores everything before the present moment. All it does is look at the pieces on the chess board as it stands right now, and choose from possible next moves.


This type of intelligence involves the computer perceiving the world directly and acting on what it sees. It doesn’t rely on an internal concept of the world. In a seminal paper, AI researcher Rodney Brooks argued that we should only build machines like this. His main reason was that people are not very good at programming accurate simulated worlds for computers to use, what is called in AI scholarship a “representation” of the world.


The current intelligent machines we marvel at either have no such concept of the world, or have a very limited and specialized one for its particular duties. The innovation in Deep Blue’s design was not to broaden the range of possible movies the computer considered. Rather, the developers found a way to narrow its view, to stop pursuing some potential future moves, based on how it rated their outcome. Without this ability, Deep Blue would have needed to be an even more powerful computer to actually beat Kasparov.


Similarly, Google’s AlphaGo, which has beaten top human Go experts, can’t evaluate all potential future moves either. Its analysis method is more sophisticated than Deep Blue’s, using a neural network to evaluate game developments.


These methods do improve the ability of AI systems to play specific games better, but they can’t be easily changed or applied to other situations. These computerized imaginations have no concept of the wider world – meaning they can’t function beyond the specific tasks they’re assigned and are easily fooled.


They can’t interactively participate in the world, the way we imagine AI systems one day might. Instead, these machines will behave exactly the same way every time they encounter the same situation. This can be very good for ensuring an AI system is trustworthy: You want your autonomous car to be a reliable driver. But it’s bad if we want machines to truly engage with, and respond to, the world. These simplest AI systems won’t ever be bored, or interested, or sad.


Type II AI: Limited memory


This Type II class contains machines can look into the past. Self-driving cars do some of this already. For example, they observe other cars’ speed and direction. That can’t be done in a just one moment, but rather requires identifying specific objects and monitoring them over time.


These observations are added to the self-driving cars’ preprogrammed representations of the world, which also include lane markings, traffic lights and other important elements, like curves in the road. They’re included when the car decides when to change lanes, to avoid cutting off another driver or being hit by a nearby car.


But these simple pieces of information about the past are only transient. They aren’t saved as part of the car’s library of experience it can learn from, the way human drivers compile experience over years behind the wheel.


So how can we build AI systems that build full representations, remember their experiences and learn how to handle new situations? Brooks was right in that it is very difficult to do this. My own research into methods inspired by Darwinian evolution can start to make up for human shortcomings by letting the machines build their own representations.


Type III AI: Theory of mind


We might stop here, and call this point the important divide between the machines we have and the machines we will build in the future. However, it is better to be more specific to discuss the types of representations machines need to form, and what they need to be about.


Machines in the next, more advanced, class not only form representations about the world, but also about other agents or entities in the world. In psychology, this is called “theory of mind” – the understanding that people, creatures and objects in the world can have thoughts and emotions that affect their own behavior.


This is crucial to how we humans formed societies, because they allowed us to have social interactions. Without understanding each other’s motives and intentions, and without taking into account what somebody else knows either about me or the environment, working together is at best difficult, at worst impossible.


If AI systems are indeed ever to walk among us, they’ll have to be able to understand that each of us has thoughts and feelings and expectations for how we’ll be treated. And they’ll have to adjust their behavior accordingly.


Type IV AI: Self-awareness


The final step of AI development is to build systems that can form representations about themselves. Ultimately, we AI researchers will have to not only understand consciousness, but build machines that have it.


This is, in a sense, an extension of the “theory of mind” possessed by Type III artificial intelligences. Consciousness is also called “self-awareness” for a reason. (“I want that item” is a very different statement from “I know I want that item.”) Conscious beings are aware of themselves, know about their internal states, and are able to predict feelings of others. We assume someone honking behind us in traffic is angry or impatient, because that’s how we feel when we honk at others. Without a theory of mind, we could not make those sorts of inferences.


While we are probably far from creating machines that are self-aware, we should focus our efforts toward understanding memory, learning and the ability to base decisions on past experiences. This is an important step to understand human intelligence on its own. And it is crucial if we want to design or evolve machines that are more than exceptional at classifying what they see in front of them.

A burning question: why are Kenyan students setting fire to their schools?

Over the past few years, students have set fire to hundreds of secondary schools across Kenya. The tally includes more than 120 cases in 2016 alone. Why students are setting fire to their schools has been the topic of repeated investigations by police, education officials, government inquiries and journalists. Indeed, explanation –- or rather blame –- for this trend has been levelled in every conceivable direction.


Kenya’s Education Minister and other members of the government have suggested that the fires have been masterminded and supported by “cartels” in retaliation against the government’s crackdown on lucrative exam-cheating schemes. This is a claim repeated by the President. The government has also fingered ethnic and clan hostilities as motivating attacks on schools headed by principals who are identified with different communities.


In these ways, the government’s explanations treat students as unwitting pawns in political disputes that are actually not really about them or their schooling.


Meanwhile, many public policy analysts and members of the public have blamed students’ “indiscipline”. This lack of discipline has been attributed to lackadaisical parenting as well as the ban on teachers’ use of corporal punishment.


Again, students are understood to be relatively passive receptacles of adults’ management.


My research with students and in schools across Kenya indicates that most of these explanations miss the mark because they depreciate, rather than appreciate, students’ capacities to engage in purposeful political action.


Rational political tactics


In the media, students’ actions are cast as “mindless hooliganism”. But students can rationally explain why they use arson in their schools. Students have learned that setting fire to their schools is an effective tactic for winning acknowledgement of their dissatisfaction.


Their use of arson represents an astute reading of the limited options available to citizens to practice meaningful dialogue and peaceful dissent related to the conditions of public services, such as education. As many analysts have noted, limited options for meaningful citizen engagement in Kenya’s policy arena has given rise to the popularity of a “strike culture”.


In fact, students easily identify other examples from Kenyan political struggles that demonstrate how violence and destruction have proven effective means for citizens to win public and political recognition of their grievances.


As one student explained,



What I see is that in Kenyan society, the bigger the impact, the quicker the reaction. The government sees these people are serious and they can think “if we don’t meet their grievances now, we might see worse”.



Schooling complaints


Students target their schools because their grievances tend to be school-based. The most commonly cited complaints among students include principals’ overly authoritarian, “highhanded” and unaccountable styles of management, poor quality school diets and inadequate learning resources, including teaching. Many of these criticisms reflect suspicions about how school budgets are being allocated.


The overwhelming majority of school arson cases have occurred in boarding schools across the country, including boys’ schools, girls’ schools, and mixed schools. Schools that perform well and those that tend to perform more poorly on national examinations have all been affected.


Why are boarding schools such common targets? Some of this is explained by prevalence: nearly 80% of Kenya’s secondary schools are boarding schools. However, students explain that boarding schools are targeted because life for them in these schools can be “like prison”.


The boarding school, like prison, can be considered a “total institution”. This idea, theorised by sociologist Erving Goffman, refers to a situation where all aspects of life occur in the same place, with the same cohort and according to a stringent schedule. This regime is enforced by a single authority according to an overarching “rational” plan. In practice, boarding school life is often experienced by students as excessively rigid and authoritarian.


The majority of school fires are set in students’ dormitories, thereby also destroying students’ own personal belongings. The rationale given by students is that the destruction of their dorms means that they will be sent home and given some respite from their intensive boarding school lifestyles.


Understanding adolescents and risk-taking


Interviews with students as well as reviews of court case proceedings indicate that it can be difficult for students to imagine the long-lasting detrimental consequences that might arise from setting fires in their schools.


In part, this is due to students holding cynical views of the ineptitude of the Kenyan enforcement and judicial systems. Students note, for example, that many prosecutions fail due to deficient criminal investigations, including unlawful interrogation practices.


Additionally, some students who played active roles in setting fires later claimed that they had been unable to anticipate the scale and scope of the damage the fires would cause to their schools as well as to their own futures.


These kinds of experiences jibe with emergent understandings from neuroscience concerning the unique developmental stage of adolescents’ brains. We now know that the brain is still developing during adolescence. The prefrontal cortex of the brain – which is implicated in impulse control – may not be fully developed and functional until the early 20s or later. Consequently, neurodevelopmental researchers theorise that



adolescents may have less inhibition, be more prone to take risks, more impulsive, and less likely to consider the distal consequences of their actions than adults.



Recognising these potential differences does not cancel out the immediate deliberateness of students’ acts to affect change in ways that they understand to be effective. But it does complicate the question of how to respond to students’ palpable frustrations.


Alternative possible futures


All of this indicates that the government’s intention to respond to the trend of school-based arson with more discipline and punishment of students is misguided in two crucial and connected ways.


First, this approach only addresses symptoms exhibited in rebellious acts. At the root of students’ dissatisfaction and desperation is a gruelling education coupled with often unaccountable authority, both of which are acutely experienced through the “total institution” of the boarding school.


Second, threats of more punishment misjudge the unique conditions of adolescence in terms of neuromaturation, and specifically how this can affect risk-taking and consideration of long-term consequences. More threats and interventions of punishment are unlikely to affect these predispositions.


Kenyan students have learned that arson works as a tactic to express dissatisfaction and opposition. To change this lesson, the government needs to open peaceful and effective channels for young people’s perspectives to be taken into account, both in education and government. Otherwise, we can likely expect more fires next year.

How the UN"s special rapporteur can make the right to development a reality

The UN Human Rights Council recently adopted a resolution creating the position of a Special Rapporteur on the Right to Development. The decision was in commemoration of the 30th anniversary of the Declaration on the Right to Development which, over the past three decades, has played a significant part in the advancement of a rights-based approach to development across the world.


The creation of a UN special rapporteur is a significant move in developing the norm on the right to development and addressing controversies such as the practical aspects of implementation by states.


While the decision of the Human Rights Council is good news, there are key issues that must still be addressed. This includes how specific groups should be protected, how co-operation between various global and regional organisations will be managed and how best practice around the world can be identified.


How the right to development came about


Prior to the adoption of the UN Declaration in 1986, ideas around the human right to development emanated from prominent Senegalese jurist Justice Kéba M’Baye.


In 1972, M’Baye argued for a distinction between development as a field of study and development as a human right. His argument was that the effective realisation of freedom for all people requires that development must be viewed as a right, and not solely through the lens of economics and politics.


Around this time, developing countries had called for the recognition of development as a right of states. Seeking to assert economic self-determination, these countries argued for a New International Economic Order. The aim was to advance development equitably with the rest of the world. They were concerned that the prevailing international economic order did not adequately respond to the needs of newly independent colonies.


Viewing development as a right was an affirmation of the need for the newly independent colonies to determine their economic trajectories and for the developed states to foster this goal through reforms in the international economic order.


An alternative view on development


M’Baye’s proposition advanced a new angle for the conceptualisation of the subject of development. His thesis on development as a right of all men to live better refocused the lens of development from state rights to human rights.


Over the next decade, discussions on development as a human right gained significant momentum. In 1977 the Commission on Human Rights (now the Human Rights Council) adopted a resolution calling for a study on development as a human right.


In 1979, when the Assembly of the Organisation of African Unity (now African Union) decided to create a regional human rights treaty, there was a strong emphasis on incorporating a right to development. At the UN, deliberations on the right eventually culminated in the adoption of the Declaration on the Right to Development.


In 1998, the Commission created an Intergovernmental Working Group to monitor and review the implementation of the declaration. But the effectiveness of this Working Group has been fraught.


This highlights the need for independent perspectives on the promotion of the right to development.


Making the special rapporteur work


I believe that the special rapporteur’s mandate should address three key outstanding issues.


First, the special rapporteur needs to expound on how development can be realised for specific groups – such as vulnerable ones – within societies. The declaration emphasises the need for all individuals to engage in economic, social and cultural development.


But it is not clear how specific groups should be protected. For instance, how should development for persons with disabilities, women and children be achieved? What will constitute development for these categories? Against what standards must development be measured, and how?


Second, the special rapporteur should develop a road map for cooperation between the UN and regional institutions, such as the African Union, the European Union and the Organisation of American States for the realisation of this right within the context of the 2030 sustainable development goals.


A crucial benefit of engaging regional institutions in protecting human rights lies in their proximity to the people within their regions. Synergy is important to prevent unnecessary duplication. It is also important to ensure that there is a common understanding of how the development goals should be met and, at the same time, how a rights-based approach should be advanced.


Third, the special rapporteur should compile a study on best practices. It should draw on legal, administrative, social and financial measures taken by states and institutions in realising the right to development. These best practices can guide other states wanting to initiate similar efforts. They can demonstrate what works and how to improve on existing efforts. Also, they can help in developing key indicators for evaluating effectiveness.


The establishment of a special rapporteur is a laudable initiative in the realisation of the right to development. But the buck stops with states. The Human Rights Council must therefore ensure that the recommendations of the special rapporteur are implemented by states. That way the right to development won’t remain an elusive aspiration.

Africa has an air pollution problem but lacks the data to tackle it

The World Health Organisation (WHO) recently launched BreatheLife, a campaign to make people more aware about the fact that air pollution – which it calls the invisible killer – is a major health and climate risk.


“Invisible” may refer to the lack of awareness that air pollution is a major health risk. In fact, air pollution levels exceeding the WHO air quality guidelines are often very visible, particularly in developing countries. This is especially true for billions of people living in close contact with air pollution sources. Those who, for example, cook on inefficient stoves with fuels such as coal. Or live in an industrial area.


The WHO has air quality programmes for most of the world’s regions. These review the effects of air pollution on health and help countries develop sustainable air quality policies. But none exists for sub-Saharan Africa. It is not clear why. A possible explanation may be that environmental health risk factors are overshadowed by other risks like malnutrition, HIV, tuberculosis and malaria.


Despite this, we do know something about the continent’s air pollution levels. In the first major attempt to estimate the health and economic costs of air pollution in Africa, an Organisation for Economic Co-operation and Development report found that air pollution in Africa already causes more premature deaths than unsafe water or childhood malnutrition. It warned that this could develop into a health and climate crisis.


But how bad are air pollution levels in Africa? Which countries have the worst air pollution levels? What are the main sources and drivers of air pollution? Are the main sources and drivers of air pollution different from those on other continents?


The answers to these questions are severely hampered by a lack of data as well as poor regulation and laws in African countries. The only country on the continent that has ambient air quality standards enforced by air quality laws and regulations is South Africa. Other countries have either ambient air quality standards or air quality laws and regulations, or none at all.


What’s known


Air pollution is a complex mixture of many components.


The WHO’s air quality guidelines, as well as country-specific laws, have identified a few air pollutant components: particulate matter smaller than 2.5 micrometer (PM2.5) and 10 micrometer (PM10) in aerodynamic diameter, sulphur dioxide (SO2), ground-level ozone (O3), carbon monoxide (CO), benzene, lead and nitrogen dioxide (NO2).


The most dangerous are PM2.5 and ultrafine particles (UFP); the latter are smaller than 100 nanometer in aerodynamic diameter. PM2.5 and UFP penetrate deeper into the lung alveoli and may pass into the bloodstream. PM10 and PM2.5 are important indicators of long-term air quality and of health risks.


Based on data of ground measurements conducted in 2008-2015, Africa’s PM10 levels are not the highest in the world.


The database is the largest of its kind and covers over 3,000 human settlements – mostly cities – in 103 countries. The number one spot belongs to the Eastern Mediterranean region, followed by the South-East Asia region and then Africa. But the WHO acknowledges numerous limitations to the data sources. Fewer sites globally measure PM2.5, hence the focus is on PM10.


The PM2.5 data based on the WHO air quality model show that the number one spot again belongs to the Eastern Mediterranean region, followed by the South-East Asia region and then Africa. Given the lack of PM2.5 ground measurements in Africa, the PM2.5 data derived from the WHO air quality model for Africa should be viewed with caution.


Where is the air worse in Africa?


It is hard to say what the real picture is. The modelled PM2.5 data supplements the data from ground monitoring networks, especially in regions with no or very little monitoring, as is the case in Africa.


The PM10 data, based on ground measurements conducted between 2008 and 2015, show that all African countries with PM10 data exceeded the WHO annual guideline of 20 microgram/cubic meter (µg/m³).


Onitsha in Nigeria had the highest yearly PM10 level of 594 µg/m³ globally, nearly 30 times higher than the WHO annual guideline. But the quality of the data is questionable. The level for Onitsha is based on PM10 data collected only in 2009 and only at one site. The database also does not mention on how many days the 2009 yearly level is based as missing data can lead to a distorted yearly level. The lowest yearly PM10 level was recorded at Midlands in Mauritius (20 µg/m³). But this is based only on 2011 data collected again at only one site without mention of how many days in 2011 were measured.


It is also difficult to know exactly what the contribution of different sources of air pollution are in Africa.


The amount of air pollution in any given location is affected by a combination of local, regional and distant sources. It is also affected by the dispersion of pollutants, which in turn depends on numerous weather conditions such as wind direction, temperature and precipitation.


A recent review indicated that very few studies in Africa conducted source apportionment of PM2.5 and PM10. The review concluded that (based on the few studies) 17%, 10%, 34%, 17% and 22% of PM2.5 levels in Africa are due to traffic, industry, domestic fuel burning, unspecified source of human origin and natural sources – such as dust and sea salt. For PM10 the corresponding source distribution is 34%, 6%, 21%, 14% and 25%, but should be viewed with caution due to the few studies.


Based on the limited number of PM10 and PM2.5 source apportionment studies in Africa, these tentative conclusions can be drawn. Traffic is a major source of PM10 levels in Africa as in many other global regions. The other two major sources of PM10 in Africa are domestic fuel burning and natural sources. In other regions of the world, industry and the ambiguous “unspecified source of human origin” contribute more.


Domestic fuel burning is the major source of PM2.5 in Africa, followed by traffic and natural sources such as dust. In other regions of the world, traffic, industry and the ambiguous “unspecified source of human origin” contribute more to PM2.5 levels.


Air quality interventions


Regardless of the exact global source contributions, the main sources of air pollution should be tackled globally in management plans and interventions.


Obvious interventions include clean energy technology such as solar power, to minimise domestic fuel burning and emissions from coal-fired power plants. Other initiatives include clean public transport, bicycle lanes to cut traffic emissions, recycling and controls on industrial emissions.


Air pollution does not stop at country or continental borders. It is a major risk factor for climate change. A disregard for air pollution levels in Africa may have a major impact on global climate change in the years to come.

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