Tuesday, January 28, 2020
Effect of Dispossession on Aboriginal Spirituality
Effect of Dispossession on Aboriginal Spirituality There remains a continuing effect of dispossession on Aboriginal spirituality in relation to the stolen generations. Aboriginal spirituality is based on the encompassment of the Dreaming, the inextricable link with the land, totems and sacred sites and involves ceremonies, story-telling, kinship roles and responsibilities and a strong sense of cultural identity. The stolen generations involved children being forcibly removed from their families and communities and put into institutionalised missions and camps run by both the state government and the Christian Church. It was the cause of dispossession that involved colonisation, missionisation, segregation, assimilation and self-determination policies which significantly impacted Aboriginal spirituality; past, present and future. These were deliberate, calculated policies of the state and are evident in the first YouTube video, Rabbit Proof Fence Stolen Generations (March 24, 2009), where the white official points to the authorisatio n paper, this is the law, and physically removes the three native Aboriginal girls from their mother showing signs of inhumane brutality. Through these policies, Aboriginal land, spirituality, culture and Dreaming were lost never mention Aboriginality. This, along with the crying scenes in video two, Rabbit Proof Fence Documentary forced removal scene, shows the emotional impact that it had on the actors as well as on all the victims of the Stolen Generation. This video depicts the traumatic psychological effects the stolen generation era had on the actors themselves, who emotionally broke down into tears having to act in these roles. This illustrates how the loss of family and spiritual ties caused such devastation. This disconnection from the families, communities and thus, from the elders resulted in the inability to pass down necessary knowledge to the next generation that is needed to keep Aboriginal spirituality holistic, living and dynamic as there is a strong need for oral teaching and learning. The prohibition of practicing Aboriginal spirituality led to the loss of religious traditions, culture, language, ceremonies and identity, was also evident in video three, History in the making: Pain of Stolen Generation lives on, at the age of three, Helen Moran was given a new identity and a new family. Since these children were physically separated from their elders who held their spiritual knowledge along with being physically separated from the land and their sacred sites, there was a loss of identity, from their Aboriginal gender and kinship roles and responsibilities, totemic connection to sacred sites and the inability to perform ceremonies. Helen Moran states, we lost everybody, we lost each other, we lost our grandparents, we lost our whole family, they changed our names, they changed our whole heritage, our identity. This had a continuing effect on Aboriginal spirituality as it broke up families, communities and led to many social and emotional problems. As a result of the continuing effect of dispossession, Aboriginal spirituality has been destroyed overtime, driving them to negative, on-going, long-term problems such as alcoholism, drug abuse, lack of educational achievement, economic opportunity, lowered living standards,; lowered life expectancy, and higher infant mortality rate. Helen Morans personal experience epitomises her emotional trauma the worst thing for me is the idea that this man (Helen Morans biological father) died with his children hating him and blaming him, you lose your children, you struggle through life, mental illness, addiction and you die a lonely sad death with nobody around you. Helen concluded, I wish I had the chance to learn the truth which exhibits how the loss of truth and Aboriginal spirituality had a continuous, effect as Aboriginal family members, victims of the Stolen Generation, still search for their true cultural identity and heritage in the quest to find their spirituality. In summation, such dispossession, violent and physical removal of native Aboriginal children from their parents demolished Aboriginal spirituality since the Dreaming, kinship roles and responsibilities, cultural identity, heritage, language and traditions were lost with disconnection from their elder generations. This drove modern Aboriginals to overwhelming social and emotional problems. The relationship between Aboriginal spirituality and religious traditions require the process of reconciliation. There is a strong need for reconciliation between Aboriginal spirituality and Christians due to the initial contact between the two; full of racism, classism, oppression, inequality, injustice, hate, fear and division. Aboriginal people initially beared the brunt of violence, where they were forced and threatened violently to forget their aboriginal culture, traditions and language. Instead they forcibly were made to integrate into nominal Christianity attending Church services, Sunday school and singing hymns. Western Christianity had a negative impact where falsehoods and heresies were taught to Aboriginal people, for example, The Hamitic Curse, condemning all dark-skinned humans to eternal inferiority. These falsehoods had such an immense impact that most Aboriginals voluntarily denied their Aboriginal heritage, identity, culture, traditions and language because they we re forced to believe in the falsehoods and were concerned with their personal sins rather than the institutionalised sin conducted against them. The awareness that these negative experiences were immoral was the catalyst for the process of reconciliation. A step towards hope for Aboriginal victims to restore their spirituality can be seen in the source, taken from the Lutheran Church of Australia. Aboriginal artwork in the form of a circle is positioned in the centre of the cross to illustrate the continuous existence of Aboriginal spirituality in the heart of those who converted to Lutheranism. If reconciliation is achieved, the future encompasses more hope for these victims. The source is an expression of Aboriginal theology which is the reconciled relationship between Aboriginal spirituality and modern Christianity. The sun rays in the image symbolises the cross significance and how it permeates throughout Aboriginal spirituality and emphasises the need of reconciliation. The symbol of symmetry epitomises the reconciled coexistence of the two religions and the hope for continuous reconciliation. There are some Aboriginal theologians that are part of the liberal tradition. Rev. Dijimiyini Gordarra and Pastor Cecil Grant from Churches of Christ individually helped reconcile Aboriginal spirituality with the Uniting Church in 1970 by contextualising the gospel for Aboriginal people. In 1985, Rev. Arthur Malcolm, the first Aboriginal Anglican Assistant Bishop in Australia was deeply committed to reconciliation and thus, counselled and nurtured Aboriginal people throughout their painful experiences, hopes and visions. The Catholic Church attempted acts of rec onciliation when Pope John Paul II visited Alice Springs in 1986 and stated There is the need for just and proper settlement that lies unachieved in Australia. Aboriginal story-telling theology is another pathway to allow Aboriginal victims to remember their Aboriginal spirituality as well as embrace their Christianity. In this way, Aboriginal people reconcile their heritage with their Christianity as they are taught Biblical scriptures through Dreaming Stories which makes the gospels more meaningful and relevant to the Aboriginal way of life. The reconciliation and unity between Christianity and Aboriginal spirituality can be seen in the source where the cross is made using traditional Aboriginal witchetty grubs. There have been many other movements towards reconciliation. The Uniting Church and the Aboriginal and Torres Strait Islander Christian Congress organised an exchange program called About Face, where 150 non-Indigenous people aged from 18 to 30 lived in Aboriginal and Torres Strait Islander communities. As a sign of reconciliation, a friendship was built when Aboriginal Pastor Ricky Manton and his wife Kayleen were invited to St. Augustines Anglican Church to perform a service. Leaders from many religious traditions gathered in order to fight against Howard Governments attack on the Wik legislation. Other religious traditions, like Judaism and Islam, have assisted in the reconciliation process. A Jewish couple, Tom and Eva Rona, funded the Rona-Tranby project that recorded oral history with the help of Aboriginal Elder Eliza Kennedy. The Muslim community in Australia is most supportive of Aboriginal reconciliation on spiritual, moral, humanitarian and prudential pragmatic groundà [ 1]à is a claim of Islamic assistance in the process of reconciliation. Many faiths like Islam, Buddhism and Hinduism have also assisted in the process of reconciliation. This is evident in The Week Of Prayer For Reconciliation that began in 1993 where they shared the same goal of reconciliation exhibited through dedication to prayer, thought and reflection on acts of unity. In conclusion, there have been many efforts to encourage the process of reconciliation between Aboriginal spirituality and religious traditions and there needs to be continuous support in this subject. The symmetrical elements in the source, taken from the Lutheran Church of Australia, are powerful examples of how artwork has symbolised the co-existence of both traditions. Steps towards reconciliation in the form of proactive movements also provide hope for the victims who had suffered the horrendous effects of spiritual deprivation. Ecumenical developments and interfaith dialogue are of immense significance in Australia. Ecumenical developments are movements that promote cooperation, discussion and unity between different Christian denominations, focusing on what brings sects together, rather than what pulls them apart. Such movements are important to Australia as different Christian denominations unite to solve Australian youth, spiritual, environmental, social and justice issues, spreading peace and harmony. Interfaith dialogue is the cooperative communication between different religious traditions and their adherents. These promoted understanding, peace and a strong sense of belonging between many religious traditions. Non-denominational approach is a method of ecumenical development where it focuses on ignoring differences between different Christian denominations. Such movements can be of great importance to Australia. For example, the Australian college of Theology (ACT) strengthens Australias education system. ACT began in 1898 when Anglicans within Australia gathered resources to produce tertiary courses and exams at every Anglican college. It was linked to universities across Australia and was credited by the NSW Higher Education Board. It became non-denominational when there was more non-Anglican than Anglican students. It was a strong organisation due to the ecumenical movement which increased its efficiency and offered a common program amongst people. Other examples of a non-denominational approach towards ecumenical developments include youth associations such as Girls Brigade and Young Mens Christian Association. Such organisations builds trust between the different denominations involve d. This trust would result in a community that is based on trust, kindness and friendship, creating a stronger witness to the community. Ecumenical developments, in the form of interdenominational approaches, are increasingly evident and significant in Australian culture. Such approaches are those that are collaborative and the goal is to provide opportunities for negotiation between different Christian denominations. This is important to Australia as it creates a sense of unity, belonging, commonality and acceptance on many levels. It begins when Christians from different denominations interact with each other and, hence, leading to communal discussion. An example of this is the annual Week of Prayer for Christian Unity and Reconciliation. This is conducted with a united goal to reach a state of complete reconciliation, relieving many denominations from tension, violence and unnecessary conflict. Many denominations hope for denominational dialogue to act as a facilitator to develop new relationships by exchanging ministers to perform services. Such exchanges are known as pulpit exchanges. Christmas Bowl Appeal, Force TEN and the House Of Welcome are other instances of ecumenical movements where many denominations unite to build fundraising programs. These assist Australia by providing it with a positive reputation in charitable work, These projects show how the kindness of Australians can make a practical difference in the lives of people very far from our shoresà [2]à Some of these projects, like House of Welcome, are vital in Australia as they support refugees that have been newly released in Australia by providing them with accommodation and employment. Through these charitable organisations, different denominations bond together and form strong relationships. Ecumenism is important in Australia at a family level. It promotes family through interchurch marriages. This is seen when both the Catholic and Uniting Church composed an agreement on interchurch marriages as a gift to the church. Ecumenism is also helpful in reducing duplication of material, which in turn increases efficiency. This is seen in The Anglican-Roman Catholic International Commission (ARCIC), where the Catholic and Anglicans prepared doctrine works on common beliefs of the faith. In 2001, the Catholic and Protestant churches united in Australia for the National Church Life Survey where 500,000 adherents from 20 different denominations actively participated in. Such union encourages tolerance and reduces aggression and violence. It in the larger scheme of things reduces racial and spiritual discrimination and attack. Australia is a multicultural and multifaith country and, hence, would benefit from embracing unity of different denominations within Christianity. Deeper ecumenical developments are those that embrace differences. With these movements, comes appreciation and recognition of uniqueness in order to enrich the relationship and focus on commonalities, like the common belief in one supreme God. The deepest level of ecumenism involves overcoming differences and primarily aiming for unity between different denominations. These achievements ultimately bring social justice, peace, harmony and understanding in Australia. The common need and view of religion around the world has resulted to an increase in the search for cooperation and unity since 1945 in Australia. Interfaith dialogue is even more important than ecumenism since the people uniting are separated by greater differences. Since WWII, interfaith dialogue has allowed Australia as a whole to change its attitude towards other religious traditions other than Christianity. It has allowed Christianity and its adherents to recognise their faults and mistreatment against other religious traditions errors at best and works of devils at worst. Interfaith dialogue assists in opening interaction between different people and maintains a multicultural Australian society. It also builds harmony in Australian context as it aims to achieve common goals between religious groups. Interfaith dialogue also addresses division, concern and any ongoing religious conflict such as the Cronulla Riots. It supports and embraces differences. Interfaith dialogue depicts the desire of Australias religious traditions to engage with each other and with the world as it is extremely important to do so in the 21st century. There is strong evidence of interfaith dialogue in Australia and this has been depicted in acts of cooperation between religious traditions in Australia. In 2001, Anzac Day, Christian ministers and Buddhist monks both took part in the services at St. Marys Cathedral. This encouraged unity among Australians as they honoured soldiers in the heart of Sydneys CBD. The Victorian Jewish-Christian Dialogue Committee, The Muslim-Christian Council which together prayed for peace in Ambon, Indonesia and the Multifaith Religious Services Centre which ran at the Sydney Olympics are other examples of interfaith dialogue. Leaders of Christian, Buddhist, Hindu, Jewish, Muslim and other communities together assisted with the $2 million Grifith University Multi-faith Centre showing how unity expresses great strengths and benefits to the Australian community. It brought peace in Sydney 2001, after the terrorist attack, where Muslim, Hindu, Buddhists and many denominations of Christians united at a multifaith prayer vigil.
Monday, January 20, 2020
Essay on The Pardoner of Chaucers Canterbury Tales :: Pardoners Tale
The Canterbury Tales - The Pardoner The Canterbury Tales is a poetic story of a group of people, who were going to pilgrimage. They were going to the tomb of St. Thomas a Bechet in Canterbury, which is about sixty miles from London in England. In that group, there were clergy and laity people. And in the poem Chaucer described all of them so well that we can easily see the picture of how they lived and how they behaved in manners of work and other ways of life. And while he was describing, he also criticized some members of the clergy position, because of their abusing of their position and doing things that they were not supposed to do, or not doing something they were supposed to do in their position. Among those people whom Chaucer criticized very much were the Friar and the Pardoner. à à à à à In the medieval society, where people were very religious, illiterate and superstitious, the Friar was respected as God himself. The Friarââ¬â¢s job in the church was to help people, who committed crime, by giving them a guide to pray for a certain time so that they can receive absolution. But the Friar in the Canterbury Tales was not honest and dedicated in doing his job. He abused his position by taking money from people who came to confess. He told them that they would get absolution if they pay him and thus broke the vow of obedience because it is against the Catholic Church. He broke the vow of chastity by having adulterous relationships with other women. By wearing expensive clothes, spending his time with wealthy people rather than helping beggars or sick lepers, he broke the vow of poverty. à à à à à The Pardoner is a person who says prayer for dead people so that the sins they had committed in life wouldà be forgiven. The Pardoner of The Canterbury Tales abused his position by selling some papers which he claimed if people bought, their time in purgatory would be shortened after death; he sold them for very high price. He also claimed that he had Virgin Maryââ¬â¢s veil, which would have been 1330 years after Mary died. He also claimed that he had St. Peterââ¬â¢s sail and said the pig bones, he always carried with him, were relics of St. Peter. Chucer also criticized him by implying him as a homosexual by referring him to a gelding or a mare.
Saturday, January 11, 2020
Jextra Case
Jextra Neighborhood Stores Case Analysis This report analyzes the ethical dilemma faced by Jextraââ¬â¢s country manager, Tom Chong, who was responsible for Neighbourhood Markets in Malaysia. Jextra Stores was a Hong Kong based company that operated retail stores in China, Hong Kong, Philippines, Malaysia, Thailand, Singapore, and Vietnam. In 2005, the company successfully entered Malaysia, operating supermarkets under the name of Neighborhood Markets (Inkpen, 2010). Jextra identified a promising site in Klang, near the capital of Kuala Lumpur, to open a new supermarket (Inkpen, 2010).Mr. Chong needs to evaluate a proposal made by the Mayor of Kang, which might be considered bribery. In this case, Mr. Chong faces social and ethical challenges that may affect the companyââ¬â¢s operations, performance, and competitiveness in the region as well as Mr. Chongââ¬â¢s career. The major social issues include those related to law, culture, and ethics. The report also analyzes anti-brib ery corruption enacted by the U. K Bribery Act and the U. S. Foreign Corrupt Practices Act (FCPA).The report concludes with recommendations to Jextra such as seeking proper legal advice, implementing an effective business code of conduct, providing inter-cultural and ethics training to managers, using a geocentrism approach and conducting an internal investigation for the Malaysian category manager. Analysis Social, Ethical, or Legal Challenges International firms operating abroad often face social challenges because they operate in markets with different legal and political systems (Daniels, Radebaugh, & Sullivan, 2010, p. 111).Each country has a legal system that provides ââ¬Å"the rules that regulate behavior, the processes by which laws are enforced, and the procedures used to resolve grievancesâ⬠(Daniels, Radebaugh, & Sullivan, 2010, p. 111). In the case of Malaysia, the country relies on a dual legal system based on common law and theocratic law. English Common law is b ased on tradition and judicial precedents (stare decisis). This type of legal system is used in, among others, U. S. , U. K. , India, Canada, Hong Kong, Australia, and New Zealand (Daniels, Radebaugh, & Sullivan, 2010).Malaysia also relies on Muslim law (or Sharia), which is based on religious precepts and beliefs. Muslim law prevails in Turkey, Kuwait, Indonesia, Saudi Arabia, Iran, etc. (Daniels, Radebaugh, & Sullivan, 2010). In developing countries, such as Malaysia, foreign companies and managers, such as Mr. Chong, may encounter legal risks due to the legal framework and the effectiveness of the legal system (Ling & Hoang, 2010). In recent years, Malaysia has opened its market towards liberalization of trade and services and globalization (Tahir & Ismail, 2007).Like other emerging markets, such as Mexico, China, India, and Brazil, Malaysia represents an attractive market. However, MNEs are bound to face legal challenges in emerging markets because they have an inadequate commer cial infrastructure, weak legal system, and high-risk environment (Pearson, 2011a; Pearson, 2011b). For instance, Malaysian civil and commercial laws regarding business payments for social purposes are not clear. It is a common practice in Klang and Kuala Lumpur to make social contributions for community projects, such as schools and roads (Inkpen, 2010). Additional legal issues that Mr.Chong may face in Malaysia are the ââ¬Å"insufficient legal infrastructure for enforcing legal judgmentâ⬠and ââ¬Å"uncertainty and unfairness of court justiceâ⬠(Ling & Hoang, 2010, p. 157). In Malaysia, the regulations regarding foreign investment lack transparency (Inkpen, 2010) and there had been many cases of bribery involving public officials. Malaysia has a high tendency toward corruption, which refers to ââ¬Å"the misuse of entrusted power for private gainâ⬠(Daniels, Radebaugh, & Sullivan, 2010, p. 191). According to the TI Corruption Perception Index (2010), Malaysia was r anked 4. on of a scale of 0 (more likely to pay bribe) to 10 (less like to pay bribe) (Daniels, Radebaugh, & Sullivan, 2010). Russia, Peopleââ¬â¢s Republic of China and Italy precede Malaysia in terms of frequency and size of bribes (Daniels, Radebaugh, & Sullivan, 2010). Mr. Chong knows about recent cases of corporate bribery in Malaysia and in the retail industry. There had been scandals regarding foreign investors who bribed public officials or financed government programs to obtain business privileges or competitive advantage (Inkpen, 2010).Moreover, there was a recent case of bribery involving a Jextraââ¬â¢s country manager in the Philippines. More likely, this manager also encountered similar ethical dilemmas like Mr. Chong. Some individual factors that may have driven him to act unethically in the Philippines could have been pressure from the company to expand and gain competitive advantage in the region. Alternatively, he might have simply wanted to advance his career as a country manager, lacked of ethics or did not know the local laws regarding bribery.Additionally, he might not have received or requested support from the top management regarding the social and ethical issues raised in the Philippines. Mr. Chong, as an experienced manager, should have anticipated that he would encounter legal and ethical risks in Malaysia. Mr. Chong face major challenges due to the weak legal framework and wide spread corruption in Malaysia. Additionally, Mr. Chong is not familiar with Malaysian domestic law and International law. For instance, Mr. Chong does not know whether accepting the Mayorââ¬â¢s offer would breach Malaysian law.It is against the International law to offer money, directly or indirectly, to officials of foreign governments (in this case the Mayor of Klang), to obtain a business advantage (help Jextra with the landing zone) (Inkpen, 2010). According to Daniels, Radebaugh, and Sullivan (2010), it is crucial for foreign firms and managers t hat operate overseas to be familiar with domestic law and international law. Moreover, Mr. Chong does not know the legal policies of his home country, and therefore, if contributing to obtain a business benefit would be considered illegal in Hong Kong, if it were not through the right channel (Jextra Social Fund).Jextra Social Fund provides financing for educational and social projects (Inkpen, 2010). However, Mr. Chong is not sure whether he should go through this channel to make the contribution in order to expedite the zoning process. Additionally, Jextraââ¬â¢s Business Code does not help Mr. Chong to make a decision regarding this matter. Mr. Chong is not sure whether financing the primary school in Klang would be against Jextraââ¬â¢s Business Conduct Code. Jextraââ¬â¢s Business Conduct Code states ââ¬Å"employees could not offer benefits to third parties in connection with business mattersâ⬠(Inkpen, 2010, p. 3). However, Mr.Chong does not know if the contributio n would really benefit the community or individuals, such as the Mayor of Klang or his sister; the sister of the Mayor is a member of the school board. Mr. Chong also faces challenges with regard to the differences of culture between Malaysia and his home country, China. Research shows that individuals from different cultures may face challenges in understanding the behavior and values of others in the host country. Thus, this can cause a cultural clash (Tahir & Ismael, 2010). However, China and Malaysia are culturally close, so it can be expected that Mr.Chong adjust more easily than if he were to do business in countries with more cultural distance, such as France, U. S. or Germany (Daniels, Radebaugh, & Sullivan, 2010). Both, Malaysia and China present many similarities regarding its culture. Based on Hofstedeââ¬â¢s cultural dimensions theory, both countries have a high degree of power distance (PDI), collectivism, masculinity (MAS), and high uncertainty avoidance (UAI). (Dani els, Radebaugh, & Sullivan, 2010). Additionally, Mr. Chong may have a different level of ethical sensitivity than its counterparts in Malaysia (Chan & Cheung, 2012).People from different cultures have different ethics, which are influenced by their beliefs and cultural values (Chan & Cheung, 2012). Other challenges that may rise are problems regarding communications. As noted by Daniels, Radebaugh, and Sullivan (2010), ââ¬Å"cross-border communications do not always translate as intendedâ⬠(p. 67) and can lead to misunderstandings. For instance, Mr Chong is not sure about what the Mayor meant when he asked to pay for the primary school; whether he asked to pay the entire cost of the school or just a part (Inkpen, 2010). Resolving the Mayorââ¬â¢s RequestsAccepting the Mayorââ¬â¢s offer and financing the project without using the right companyââ¬â¢s channel (Jextra Social Fund) would be illegal. It also might go against Jextraââ¬â¢s corporate culture and Business Con duct Code. Bribery is wrong and unethical, and as noted by Daniels, Radebaugh, and Sullivan (2010), ââ¬Å"it affects both company and country economiesâ⬠(p. 192). Research shows that high levels of corruption have a strong correlation with low levels of per capita income and low national growth rates (Daniels, Radebaugh, and Sullivan, 2010). Having another bribery scandal would erode Jextraââ¬â¢s reputation and image.It would compromise the legitimacy of the company worldwide and its operations (Daniels, Radebaugh, and Sullivan, 2010). It is challenging for foreign managers to avoid bribe payments when these are regarded as a usual business practice in the host country (Daniels, Radebaugh, and Sullivan, 2010). Even though, it would be easier for Mr. Chong to just pay the bribe to the Mayor of Klang and ââ¬Å"fall back on the standard of cultural relativismâ⬠(Daniels, Radebaugh, and Sullivan, 2010, p. 195). As a manager, Mr. Chong should act responsibly and ethically , nd in compliance with local law, corporate culture and International law. The best approach for Mr. Chong would be to report to the Regional Operating Officer responsible for Malaysia, Singapore and Thailand and to the CEO, and CFO of the Supermarket and Hypermarket Divisions of the company in Hong Kong (Inkpen, 2010). Definitely, Mr. Chong should consult this issue with top management. Jextra and Mr. Chong should also receive legal advice from a reputable law firm in Malaysia regarding the legality of the Mayorââ¬â¢s offer, and if accepting the offer would constitute an offense under the U.S. Foreign Corrupt Practices Act (FCPA) and the U. K. Bribery Act. If it does constitute bribery, then the best option for Mr. Chong would be to reject the mayorââ¬â¢s offer and proceed through formal channels to get the zoning approval (Inkpen, 2010). U. S. FCPA and the U. K. Bribery Act Even though Jextra is based in Hong Kong, the company is not exempt from the extraterritorial reach o f the U. K Bribery Act and the U. S. Foreign Corrupt Practices Act (FCPA) (Arnold & Porter Advisory, 2012). The FCPA refers to legislation enacted in 1977 that outlaws bribery (Arnold & Porter Advisory, 2012).It makes illegal bribery payments by U. S. companies to political parties and foreign officials. This legislation applies to operations in the U. S. and international operations as well, and to companyââ¬â¢s employees and their agents abroad (Daniels, Radebaugh, & Sullivan, 2010). Not only U. S citizens, U. S companies or ââ¬Å"issuers of securities on US exchangesâ⬠(Arnold & Porter Advisory, 2012, p. 3) are potentially liable under the FCPA, but also individuals of any nationality that make bribery payments to any foreign government official while staying in the U.S. (Arnold & Porter Advisory, 2012, p. 3). There is lack of consistency in the provisions of FCPA. For instance, it is not legal to pay to public officials to facilitate business transactions (referred to a s ââ¬Å"facilitating payments or grease moneyâ⬠) (Daniels, Radebaugh, & Sullivan, 2010, p. 194). However, payments must be made to officials who are directly responsible for the transactions. In 1988, the FCPA enacted a new amendment that excludes grease money from bribery (Daniels, Radebaugh, & Sullivan, 2010, p. 194).In that case, under the FCPA, if Jextra finances the primary school through the Social Fund and make the payments directly to the Mayorââ¬â¢s sister in order to expedite the landing zone, it may not be unlawful. The payments should be made to someone who is directly involved with the primary school, such as the Mayorââ¬â¢s sister or other member of the school board and cannot be made to the Mayor directly. The U. K. Bribery Act became effective on July 1, 2011 and as the FCPA, it has a vast jurisdictional reach (Arnold & Porter Advisory, 2012, p. 3).The Bribery Act provides legislation regarding acts of bribery, and makes it an offense for companies that d o not prevent bribery (Arnold & Porter Advisory, 2012). The jurisdictional reach of the Bribery Act is wider when companies or individuals with a close relationship to the U. K. Additionally, under the Bribery Act, foreign individuals who commit bribery overseas while residing in the U. K could also be prosecuted, commit offenses (Arnold & Porter Advisory, 2012). Foreign companies, such as Jextra, can be also subject to FCPA scrutiny; even though its business activity has little relation with the U.S. and the company mainly operates in Asia. Non-U. S. companies could be found liable for conduct outside the U. S. that constitutes an offense under U. S. Criminal law (Arnold & Porter Advisory, 2012). FCPA incorporates extraterritorial provisions in its legislation. Therefore, as noted by Arnold and PorterAdvisory (2012), it is important that MNEs, consider ââ¬Å"the potential liability under the FCPA to which their operations may be exposedâ⬠(p. 3), whether conducting business i n the U. S. or outside. Mr. Chong should act in compliance with the FCPA and Bribery Act.Managers are responsible when corruption is afoot and need to be vigilant with their actions. In addition, Jextra is responsible for ensuring that its ââ¬Å"anti-corruption measures satisfy both jurisdictionsâ⬠(Arnold & Porter Advisory, 2012, p. 6). In todayââ¬â¢s global economy, international companies, such as Jextra have may worldwide connections through its suppliers and subsidiaries. Under the Bribery Act, it could be established some type of association, for instance through a Jextraââ¬â¢s parent company or subsidiary, so that if the company was to commit bribery it could still be prosecuted in the U.K. Therefore, Jextra and Mr. Chong should be extremely cautios and take into consideration that both the Bribery Act and the FCPA may have direct impact on the companyââ¬â¢s operations; even if the company has little connection with U. K and U. S. (Arnold & Porter Advisory, 201 2, p. 6). Chongââ¬â¢s Recommendations to Jextra Malaysia lacks of a developed legal system and has a risky business environment, which make it challenging for foreign companies, such as Jextra, to conduct business in an ethical, fair, and responsible manner.Chongââ¬â¢s recommendations to Jextra include seeking proper legal counsel regarding Malaysian commercial and civil laws, and payments to government officials. An additional recommendation is to implement an effective internal business code of conduct. A clear code of conduct would mitigate some of the problems that Mr. Chong faces. The code should set global policies for Jextraââ¬â¢s employees and any individual working for the company (Daniels, Radebaugh, & Sullivan, 2010). The code of conduct should not only be communicated to all Jextraââ¬â¢ s employees, but also to its suppliers and contractors.Additionally, the code of conduct should ensure that its policies are carried out. For instance, Jextra should make empl oyees sign a written agreement conforming that they read and understood the code of conduct (Daniels, Radebaugh, & Sullivan, 2010). Additionally, Jextra should require managers to go through a formal program that teaches them the companyââ¬â¢s ethical code of conduct. It is vital for Jextra to implement the right measures and procedures, as well as strictly enforce these measures, to prevent bribery and other unethical behaviors among its employees.This would help the company to avoid potential prosecution and civil litigation under the FCPA and The Bribery Act. A third recommendation would include an internal investigation regarding Mr. Alam conduct. As a category manager, Mr. Alam may be using his position in the company for personal gain (Inkpen, 2010). Mr. Chong as a supervisor of Mr. Alam need to ensure that Mr. Alam is not taking bribes or gifts from suppliers, or benefitting his father-in-law. An additional recommendation include inter-cultural training for Jextraââ¬â¢s managers assigned abroad.When conducting business overseas, it is imperative that managers receive adequate training regarding the legal and political environment, international law, and national culture of the host country. Managers should also receive training in ethics to avoid unethical conduct. Additionally, when conducting international business, geocentrism is a good approach. According to Daniels, Radebaugh, & Sullivan (2010) geocentrism requires firms ââ¬Å"to balance informed knowledge of their own organizational cultures with home- and host-country needs, capabilities and constraintsâ⬠(p. 4). Jextra should integrate its own company practices, Malaysian practices, and new practices as well (Daniels, Radebaugh, & Sullivan, 2010). Conclusions and Lessons Learned Legal policies, which include domestic law and international law, play a major role in determining how global companies can conduct businesses abroad (Daniels, Radebaugh, & Sullivan, 2010). International firm s should act responsibly and ensure that its employees act in accordance with the domestic law where they operate and do not commit any offense under the FCPA and Bribery Act.By acting ethically, companies can create competitive advantage, shared value, and avoid being perceived as unethical and irresponsible by the local and global communities (Daniels, Radebaugh, & Sullivan, 2010; Porter, 2010). As a potential global manager I learned that it is crucial for global firms to set clear codes of conduct, ensure compliance with the codes (training, auditing programs), and enforce the policies in the code (Daniels, Radebaugh, & Sullivan, 2010).However, foreign managers will still face ethical dilemmas when working in a different legal and political environment. Managers need to be knowledgeable about cultural, legal, political, and ethical factors in order to succeed in their assignment overseas (Daniels, Radebaugh, & Sullivan, 2010). Therefore, managers should receive adequate inter-cu ltural training and counseling about the host countryââ¬â¢s values, norms, legal and political system. Managers should be a role model for other employees by showing cultural awareness and ethical behavior.
Friday, January 3, 2020
Communitys Reaction to the Fire in Yackandandah Forest in...
Embers Campion Descentsââ¬â¢ play ââ¬Å"Embersâ⬠examines the connection between individuals and the community as they react to significant events. The communitiesââ¬â¢ residentsââ¬â¢ reaction to the fire in yackandandah forest, The story of the Blue Duck hotel â⬠¦ and the kangaroo and the story of danny and don â⬠¦ and the horses. Campion uses a wide range of techniques such as repetition, Irony, alliteration and Imagery/onomatopoeia.This is also shown by quotes from Campionââ¬â¢s interview by the abc on the 2003 Victorian bushfires. The connection of the community and individuals is shown by Campion in The Communitiesââ¬â¢ residentsââ¬â¢ reaction to the fire in yackandandah forest.ââ¬ËSkinny, Slippery Pathââ¬â¢ (pg 41) is the use of alliteration by campion to show how dangerous the experience of a bushfire real is and the things they would have to overcome to be able to save themselves and others they cared about. Campion also uses Repetition ââ¬ËBurn me hands because it doesnt work, it doesnt work like it does in the movies.ââ¬â¢ (pg 41) this conveys that they done what they need/had to do to save the animals that the cared dearly as her plan did not work according to her plan. An additional example of this would be ââ¬Ë Then as that roar got closer you couldnt hear a thingââ¬â¢ (pg 42) this is alliteration, of the word ââ¬Ëroarââ¬â¢ which show that the fire was very loud and dangerous as it came closer to them in the mineshaft.This shows that no matter how dangerous the situation got the community would do there best to keep
Subscribe to:
Comments (Atom)