Oil exploitation, human rights in Kenya

Chapter one:
The following dissertation focuses on oil exploitation and human rights in local communities of Kenya. It also adopts an approach that effectively explores the laws and regulations on oil exploitation. In Kenya, decentralization of power or the devolution has proposed a significant mechanism that addresses the consequences of oil exploitation and human rights protection. On the other hand, the presence of the Multinational companies producing oil has been termed as the major causes of human rights violations as a result of oil exploitation. Such companies violate different human rights while gaining an advantage from the oil extraction.
Oil extraction in developing countries can become a curse rather than a blessing. Therefore, this research focuses on different perspectives that have resulted to violation of human rights as result of oil exploitation. The overall research is divided into two components that include, the direct human rights violation by oil companies and indirect human rights violation as result of ineffectiveness of the laws and regulations encompassing oil exploitations and protection of human rights.
This study is developed to understand the mechanisms in which oil exploitation has enhanced to violation of human rights in different communities in Kenya. The research is not only concerned at examining the oil exploitation mechanisms but puts into accounts the aspects that enhance human rights violation resulting from oil extraction. Human rights have been violated in various ways for instance, oil spills that cause environmental degradation leading to poor living conditions, displacement of people, and poverty. Additionally, the government fails to include effective policies that address the notion of human rights protection by the oil production companies. In addition to this, human rights venerable to oil exploitation is discussed and further the legal framework that includes, policies or Acts developed locally and internationally in protecting the human rights will also be included.
There is a growing consensus in the literature field that the subject of oil as a resource has enhanced a significant paradox to the economy of developing countries to involve in its production. The increasing concerns are as result of oil exploitation and persistent nature of human rights violation experienced in many of the African countries. Violation of human rights as result of oil exploitation has enhanced to different aspects such as economic inequities and poverty as result of environmental impacts of oil exploitation. This means that oil exploration results to environmental scarcity hence violating human rights since such aspects such as water and land become scarce in supporting economic activities.
Exploitation of resources enhance to economic developments and growth for instance infrastructural developments and poverty reduction in a country. Despite of the positive effects enhanced by oil exploitation towards the economic growth in developing countries, there is reluctance on the negative impacts of oil exploitation on human rights. The government and oil producing companies have neglected the overall theme by failing to enact effective rules and regulation on the overall initiative. Although oil extraction leads to economic growth, it is significant to include different alternative consider the protection of human rights for instance implementation of policies governing human rights protection from oil exploitation.
Oil exploration enhances high revenues, provides job opportunities, enhances infrastructure hence boosting the economy of the country. Despite of all these significant aspects enhanced by resource exploitation, it is significant to understand the negative outputs of the resource exploitation for instance human rights violation and hence focus on the alternatives of reducing such insignificances.
The notion of oil exploitation and human rights violation develops three parties in the overall contests and include the host state or the government, multinational oil producing companies and the local communities. The Government and the Multinational oil companies are responsible on the revenue costs maximization of oil resources hence, leaving the local communities rights violated. In many cases, such as the LAKE Turkana and the Rift valley base region in Kenya that have been triggered with richness in oil production, human rights violation occur as result of exposing the communities to poverty, displacements and environmental degradation .
On the other hand, recent literature illustrate that oil resources in many of the African countries are faced with weak governance hence negatively impacts the sustainability, growth and stability of the countries hence human rights continuously increase being violated. Therefore, the overall research will focus on human rights violation as result of oil exploitation in Kenya

Problem statement and research
The discovery of oil resources in Kenya was considered as a blessing as a result of the huge revenues that would be generated and hence lead to high economic performance. However, in recent years, the overall exploitation of the resource is now considered as a curse especially in violating the human rights. While Kenyan government and oil companies gain advantage from the oil extraction, the people from the oil communities have not benefited from the greater revenues from oil extractions. This is termed as a human right violation since such people become displaces, the land is degraded and yet the revenues from the oil production increase remarkably and only the government and oil companies benefit. Although, many politicians have benefitted and gained a huge advantage of the oil extraction the minority group in the production centers have had their rights violated and still remain in an impoverished lifestyle.
Kenya, as one of the established oil rich countries, is expected to become one of the world suppliers of oil in the coming decades, but the notion of oil extraction is becoming a blessing just for few individuals and at the same time, a curse to the minority ethnic groups. In the oil areas, oil resources are serving as central to human rights violation in different dynamics. Therefore, this research work examines on oil exploitation leading to human rights violation as a result, of corruption, lack of consistency in oil exploitation policy and a weak institution that contribute to human rights violations by many of the multinational oil company.
This research will strive to answer the following research questions
To what extent have oil extractions contributed to human rights violation in oil communities in Kenya? Addressing this question the following sub questions will be examined
The adequacy of the legal framework in Kenya to the sustainable of oil exploitation regulation
How accessible and effective are the extant regulations and laws and how can improvement be done
Why is the environmental situation on oil exploitation deplorable?
How can the existing institutions strengthened
How can the Multinational Oil companies operating in different oil regions in Kenya meet their responsibilities in accordance to the international principles and standards?

Purpose of the study
The objectives of the study aim at contributing significant knowledge on oil resource exploitations and the consequences to human rights violation. Acknowledging the relationship existence between oil exploitation and human rights violation involves the application of different concepts; involvement of the multinational oil companies to human rights violation, inconsistency and weak legal framework and failures of addressing the human rights as result of oil exploitation.
The discovery of oil is considered as a significant opportunity for enhancing economic development to the country. However, the overall assumptions is failing and turning out to be a disadvantage in enhancing the human rights. Environmental degradation caused by oil spills or oil pollution have caused the high levels of poverty in certain areas of oil extraction. The overall research work highlights different concepts that enhance to oil exploitation and violation of human rights, in this way; multinational oil company producers, legal framework ineffectiveness and the government play a critical role in enhancing human rights violations. The study’s objective is to provide a clear understanding of oil exploitation and how it has resulted to human rights exploitation.
Research study justification
The research questions proposed in this study provide the overall justification of understanding the oil exploitation and human rights violation provided that, violations of human rights have become a common theme in different parts of the African countries. Providing a legal policy or framework to address notion of human rights that is becoming a global concern as a result of oil exploitation is significant. This signifies that Kenya needs to formulate a legal framework that protects the human rights as result of oil exploitation. The study will provide empirical evidence on human rights violations as result of oil exploitation among the Kenyan oil communities and how the aspects are enhanced as result of weak legal framework. This research will also provide evidence that is significant for Kenya as it continues to strategize in solving the problem of human rights, poverty, conflicts, criminality and illegal bunkering of oil
Structure of the study
The following dissertation examines human rights and oil exploitation in oil communities in Kenya. The first chapter defines the overall study and includes the introduction, background of the study research overview and provides a significant explanation of the variables included in the research. The chapter includes significant research question and a problem statement, research objectives, research scope, research justification and finally the research structure.
Chapter two discusses the existing literature together with the conceptual and theoretical frameworks of the study. The aim of the chapter involves, establishing human rights violation as result of oil exploitation in the existing literature. The main arguments of the chapter involve the paradoxes and structures presented by oil exploitations and human rights violation.
Chapter three describes the overall theoretical framework of the study. The framework is proposed on the ineffectiveness of regulations and laws that govern human rights protection. Additionally, poor enforcement by the government and other agencies have enhanced to violation of human rights by the oil sectors. Chapter three discusses the laws and regulation governing oil exploitation in Kenya. The chapter utilizes the right based approach in the overall conceptual framework In this section, different laws and rules enacted by the Kenyan government will be explored and discuss, and provide the dynamics by which the laws should be enforced by the Multinational Oil companies in order to reduce violation of human rights. Policy recommendations will also be included on oil exploitation and human rights.
General information
History of oil exploitation in Kenya
Over the last few decades, oil and gas discoveries have become a common theme in Africa countries such Tanzania, Uganda, Kenya, Nigeria, and Mozambique. Currently there are more than 19 countries in Africa asserted as significant in oil and gas production with six of these including Kenya, Tanzania, Angola, Sudan, Libya and Algeria. Howe ever for many of these countries, oil exploration is not a blessing rather than a curse. There are different cases on the African continent on the resource becoming a curse. Different oil companies involved in oil exploration areas of which different communities are ravaged by poverty and conflicts face different insignificances. These insignificances result from the responsibilities of companies under the Human Rights universal Declaration that indicates that the overall society and individuals, including business enterprises and the companies must initiate protective measures and enhance in promoting human rights
In the coming years, it is expected that oil resources will be the mainstay of Kenya economy and a source of human rights violations to many of the Kenyan communities. The research focuses on the oil exploitation resulting to human rights violation such as displacement of people, pollution to the environment leading to poverty.
Kenya has involved in different transformations based on institutional aspects that have enhanced to the effectiveness of the economic performance in the last few years. Oil industry in Kenya is a new notion in terms of exploration and mining but it was first established in 2012 by a firm known as Tallow oil under the British management. The oil industry is currently controlled by refining and importation. Oil marketing started in 1903 during the colonial times era. Kerosene was the main import and later gasoline was established and imported. In 1950, Shell Company effectively managed by the Royal Dutch established its first depot in Shimazi area along Mombasa Island. Different explorations were carried out by Bp and Shell in the early 1950s and over the last five decades other companies have tried in exploring oil offshore and onshore and include Chevron, Exxon, CNOOC and Woodside. After the discovery of oil in Uganda in 2006, motivated Kenyans to discover significant opportunity of oil search hence, different localities in Kenya have shown the significance effectively.
Approximately 30 wells drilled in the country although not considered as commercial have effectively indicated hydrocarbons and gas signs. If the country considers effective management in oil industry, it is with high expectation that it will become a producer of oil and hydrocarbon in the coming years. Oil will boost the country’s economic growth in the coming years if the government acknowledges different strategies of managing the resource effectively. On the other hand, mismanagement of the resource can lead to different insignificances and as result will not only impact the country alone rather than the whole of East African regions through the raise of conflicts. According to the Kenyan Government oil statics illustrated that oil sector will boost the economic growth of Kenya in the coming years, and it is one of the objectives and visions of 2030.
Kenya has four basins for oil exploration and includes the Rift Valley basins, Mandela, Anza and Lamu. The fact that these basins have shown high levels of gas and oil resources; they have also created high expectations on large investments interests over the last few years in Kenya. The Rift valley basin is the southern stretch of Lake Albertine near Uganda which is approximated to hold a total amount of oil barrel that approximates to three billion of oil reserves. The Anza basin is situated in the rift system of central Africa and stretches along the South and it is estimated to produce approximately six billion barrels of oil. In North eastern Kenya the Mandela basin extends into Luga basin situated in Somalia.

The billions of dollars expected to be generated from the extraction of oil from the four oil region in Kenya will enhance to the effectiveness and growth of the country.
The Turkana region is faced with pollution, poor quality water, degradation, disruption of farmland, biodiversity, destruction of wildlife and loss of fertile soil. However, the Kenyan government has not proposed a significant strategy of providing compensation on planned mitigation for the different localities affected. People response in these areas is through different campaigns and protects against the multinational activities oil companies that has enhanced to the violation of the citizens economic, cultural, social and political rights in the form of unlawful restrictions, arbitrary detentions and judicial executions. The violation of human rights, as result of oil exploitation has effectively been enhanced as result of imposition of restriction by the security agents and a significant support from the international multinational oil industries. Since the establishment of oil resources in Kenya the violation of human rights has continued and the conditions worsened even at the present. As the violations continue the inhabitants in the regions still receive inappropriate results as the processes of seeking effective remedies against the Multinational oil industries activities as the main cause of the human rights abuses fail.
Oil extraction in Kenya if not properly managed can face a great insignificance and rather than becoming a blessing the results would end up in being a curse.
The oil communities in Kenya have easy accessibility of the resource in accordance to provision of justice and political participation hence, as a result of these disparities linked to ethnicity, may pose a significant challenge to oil exploitation in Kenya and promoting human rights. Inequality has effectively increased due to uneven distribution of revenues as a result of the strong ethnic concepts in the approaches that the government and politics function. The connection between inequality and ethnicity is historically linked to land use and ownership. Corruption and ethnic favoritism are common themes in Kenya enhancing to inequality. Since corruption is linked to a system of patronage, some of the social cultural groups effectively benefit from one another more than others. Other characteristics that would lead to challenging provision in the oil and gas sector include the possession of illegal weapons by individuals in oil areas and disputes that have remained in neighboring countries unsolved.
High risks of conflicts at the sub regional and local levels as a result of the hydrocarbon resources in Kenya can be enhanced by two different aspects that include competition as a result of resource scarcity between the local population and the companies, and nonexistence or unclear oil revenue.
Decentralizing power in the Kenyan government is an effective strategy of obtaining a fair distribution of the resources revenues as a significant aspect of improving service delivery by linking the public policies together with the needs of the community. According to the policy, devolution is enhanced to ensure transparent and efficient resource allocation hence, enhancing equal distribution of gas and oil. The 2010 constitution effectively highlights the devolution as a principle of governance and a national value enhanced with democrat and patriotism.
Chapter two
Kenyan communities under international law and the problems of resource control
In Kenya the survival of many communities depends on the utilization of the natural resources as well as the traditional lands on specific circumstances. Globally, conflicts have risen as result of management, ownership, conservation and utilization of the resources and lands. Such conflicts are common and results from the decisions on utilization of resources and lands to industrial application. This situation provides significant challenge to the people living in these communities hence, causing threats to the societies on their culture and economics. Communities faced with natural resources for instance oil resources do not have a full recognition of their land ownership, a crucial aspects that enhances to the violation of human rights. This is a significant statement that applies in Kenyan communities; where by human rights are violated as result of failures of recognition of land ownership. The overall responsibility of such insignificances is enhanced by the failures of government in defining the laws and policies of protecting human rights from oil exploitation. On the other hand, the Multinational Oil companies neglect the human rights on oil exploitation hence, carryout their activities without further consideration. Human rights are violated in a number of ways in the case of oil exploitation and include, displacements of people, denied the right to land ownership, oil spills impacting the environment and leading poverty.
Oil exploitation situation analysis
Oil exploration has a high impact on the communities living in Kenya as a result of the negative consequences of the activities carried out in these areas. Oil exploration destructs the community’s economies. Despite of the communities initiating different reasons for the consequences resulting from oil exploitation, industries together with the involvement of the government argue that the rights of the communities clash with the projects for development. These arguments fail to propose a significant measure provided with the fact that oil exploitation enhances the economies of the country but does not put into account the aspect of human rights protection. People in the communities relate effectively with their natural resources and land, as result the land is not only a commodity that can be easily acquired but a resource element that is significant to their daily living activities. Oil exploitation has negative effects on such communities including water contamination, displacement of the people, oil pollution and leads to health related insignificances.
People living in communities with oil resources are deprived heavily from their rights resulting to land dispossession, and prevented from their development rights in accordance to their interests and needs. The most significance challenge proposed is the failures of the government to recognize the ownership of the residential rights on their land. The problems faced by people living in these communities include policies and law discriminatory on land ownership, failures of the government and the overall constitution to address the laws governing human rights protection, expropriation of lands for the interests of the country and includes oil exploitation and finally relocation and displacement.

Companies involved in oil exploitation in Kenya
Oil companies operating in Kenya operate under joint ventures between the Kenya government and the Multinational corporations. The manifestation of the joint ventures is enhanced as a result of a nationalized corporate state. The joint ventures in Kenya approximates to 95% of the crude oil production while independent companies operating in these areas include the 5%. According to the Kenya constitution indicates that natural resources for instance oil and gas belong to the government. Multinational companies operating include vivo Energy, national oil and Chevron. Kenya is initiating a Trade Exhibition next year based in oil and gas industry gate way that will attract the leading oil companies in the world. Kenya has highly attracted different oil and gas companies as a result of the availability of the strategic location of the ports and support from the Kenyan government on oil exploitation. The Trade exhibition initiated will fully offer an opportunity to the latest technology and achievements in the regions facing the oil resource.
Multinational oil companies in Kenya
National petroleum
The national oil petroleum is a company that was developed in 1980s, a joint venture that has operated with the Kenyan government with approximately 50% of the Kenya total oil production. The joint venture constituents of Vivo energy (30%), Agip (5%) and effectively operates on dry land or in Lamu mangrove swamp. The national petroleum contributes approximately 50% of the total crude oil in Kenya. The company owns other four companies concessions and includes Amoco with an interests of 50%., national Kenya gas, national Kenya production and exploration, national Kenya oil products and National Development of Petroleum Company.
Exxon- Mobil
Mobil producing Kenya Unlimited is a company that has formed a joint venture between Exxon Mobil (30%) and the Kenyan Government (70) and effectively operates along the shallow waters on the Lamu areas. Mobil holds approximately50% of the total interest in oil production. It is with high expectation according to the sources of oil industry that the company is significant in its operation and hence will be in a position to obtain a significant position in production as compared to National petroleum
Agip is an Italian company well known as the Kenyan Agip Oil Company. It is a joint venture that is owned by the Kenyan Oil Corporation (60%) and operated by the Agip Company. Conoco Phillips owns an interest of 20% and Agip 20% and initiates its operation from the onshore fields.
Total Petroleum Kenya Company is a joint Venture between the Kenya National Petroleum Company and Total Elf and produces oil both offshore and onshore. Total and Mobil have faced long term disputes as a result of operational control especially on offshore field.
Impacts of oil exploitation
There are different levels of oil business to prospecting or geographical, production, drilling, refining, distribution that can impact the environment and people negatively. As a result of equipment failure, operational accidents and many other aspects, oil leakage to the environment is probable during oil storage, exploitation, and distribution and processing. This enhances to environmental pollution that affects human activities. Between 1970 and 2012 Kenya has recorded 500 incidents of oil spillage which have led to a significant loss of oil. Despite of the loss to the country, people living in the communities have been affected by the consequences hence leading to violation of their rights. Oil spillage has negative physical insignificances to the people living in this areas arising from preparation of land for seismic activities, access to roads, oil platforms areas, and sample tests pits. The following aspects have enhanced to land deprivation, alienation, degradation and deforestation, and both withstanding the scanty compensation issued to the people living in this communities. Oil exploitation long term effects include crop reduction, coastal erosion soil cover removal and deprive the environment from fertility.
Kenya has four main basins of oil exploration, and has drilled 33 wells by 2012; the towering gas flares resulting from oil burning along the Lamu region have increased concerns to the community on oil exploitation on environmental and health risks. Burning gas has a high impact on the environment that pollutes the environment with acidic precipitation. Sulpher oxides and Hydrogen sulphide is also released to the environment and when they mix with air and water acidic rain is the end results hence, impacting crop production. Putting into consideration the aspects of environmental and health risks associated with gas flaring, the Ministry of Oil and Petroleum together with the Environmental Ministry have proposed a significant policy on Zero gas flaring in Kenya. Many of the Multinational companies in Kenya have attacked the policy as not significant and argue that enhancing the policy on flare initiatives is fundamentally a national policy and an aspect that impacts economic significance and hence, needs huge investments and technology acquisition. Despite of the negative support from the Multinational Oil companies, the government had promised to offer full support by initiating the policy by 2013 but it has further failed and pushed the promise to 2017. Such a challenging compromise by the Kenyan government has clearly indicated how the Multinational companies need to attain the gas flares within the coming years
Gas flares experienced along the Lamu region, Image retrieved from http://ices.or.ke/sectors/oil-gas/

Oil exploitation and impacts on human rights
Socio economic activities exploitation
Oil exploitation and development has high effects on both the cultural and social life of people living in oil resource communities. Oil exploitation violates the rights of the individuals socially and culturally. In this way, farmer’s rights are violated and hence forced to gain other occupation as a result of land degradation enhanced by oil exploitation. Fishermen and farmers unable to adjust to the change of living conditions migrate to other areas for instance, in Kilifi, Mandela, Nakuru towns. The consequence of such movements is as a result of violation of human rights by oil exploitation that leads to unemployment.
Socio- cultural life exploitation
Apart from the various ills and deleterious challenges of oil exploitation, there are different social cultural insignificances that the communities suffer. Certain villages along the Lamu region, Turkana region are displaced hence; their cultural and social life is highly impacted. For instance, the forced displacement along the Turkana region was as a result of massive spillage of oil in 2010. Violation of human rights based on systems that support the society for instance village divinities have been enhanced by oil exploitation activities. Unlike other labor intensive practices such agriculture, the oil industries offer no employment to many of the people in the communities displaced.
Aquatic animals and plants exploitation through displacements
One of the negative impacts of oil exploitation by the industries include the alteration of the ecosystem, oil spills along the Lamu regions into Indian Ocean and in Turkana rivers leading to Lake Turkana impact the aquatic animals. A recent Oil spill in Kenya occurred at Kengen Kipevu Diesel and massively spread into the sea. Impairment of the ecosystem involves reduction and destruction of the aquatic life and fish in the waters. Many of the people living in the communities with oil resources depend on fishing; their rights are violated as result of oil exploitation that enhances to oil spills in the sea hence, impacting the income level of the people in the communities leading to high poverty levels.

In Mombasa a man looks at oil spills destruction, image Retrieved from http://www.africareview.com/Business—Finance/Kenya-battles-marine-oil-spill/-/979184/1317874/-/m72nrg/-/index.html
Human health exploitation
Flaring of gas to the atmosphere has a high impact on the health of individuals. Gas flaring emits different substances to the atmosphere for instance, methane and carbon dioxide that leads to global warming and raise of temperatures indicating that a specific microclimate has already been developed in the areas. Therefore, as result of these pollutants emitted to the environment affects the animals and human beings and causes side effects such as genetic mutation.
Political antics enhance exploitation
From the political perspective, it clearly illustrates that human rights of Kenyan communities living in oil resources have highly been violated as result of political negligence, oppression, injustice, victimization, degradation, intimidation and manipulation without the acknowledgement of the community’s contribution, support and loyalty to the Kenyan country. Gas flaring incidences occurs frequently in the activities of processing and producing oil that deprives the human rights to good health.
The Multinational Oil companies gain effective investments on oil production which is capital intensive and technological. Different laws have been enacted and include the Petroleum Act and the decree act of land Use. The legislation proposed regulatory measures to community access to open access or communal land and hence, deterred from land access and at the same time making it a possible aspect for multinational investors to carry out their activities without any unrestricted access to explore oil. Oil exploration by the Multinational companies is enhanced for the companies to gain huge investments as it violates the human rights.
Despite of the constitution and the new government, there is still deployment of navy, mobile Police and army within the oil facilities across all areas covered by oil resources. Large amounts of finances are dispersed from the government in these regions but still the local communities have not acknowledged the benefits of the fund. According to a report on No compensations, indicates violent incidents within the Turkana region and states that the Multinational oil companies together with the government have failed to enhance their responsibility. The government security forces employed in these areas continue to violate the human rights in these oil resource areas with impunity in protests response hence, indicating failures and lack of commitment in respecting the Human rights.
Land Use Act Exploitation
Oil exploitation in Kenya is enhanced through legislation. The significant legislation related to oil exploitation in Kenya includes the Oil act, Oil pipelines act and the land use act. According to the developed oil act indicates that all oil operational and exploitation activities are enhanced by the government. The Kenyan government has control and possesses the right over all resources in the country and more so, oil resource found in different parts of the country. The act defines mining rights to the Multinational oil companies and hence, gains royalties and rents from these companies.
A significant aspect of the Kenyan law is effectively enhanced in the property law, where by under the common laws of law the notion on land includes the presence of oil minerals in the land. This is not the case with Kenya; where by the overall act excludes the aspect of oil minerals signifying land. Poor laws enhanced by the Kenyan government violate the communities from land ownership by raising the concerns in injustice enhanced by the federal government.
Chapter 3:
Legal framework and policy of oil exploitation management in Kenya
Different policies and laws have been enacted in managements of oil exploitation at both the national and international levels. These policies and laws are provided in different sections that include the oil pollution Act of 2001, related regulations and laws on petroleum.
Kenya Oil pollution Act
The proposed Act on oil pollution is responsible in managing pollution related aspects caused by oil exploitation. The Oil Pollution Act defines an effective strategy on pollution management and prevention. Pollution from oil exploitation involves oil spills that lead to land degradation, water contamination. The main aspects involved in the Act involve reducing oil spills that renders to pollution over the land and waters. The act also designed a comprehensive approach to ensure that financial resources are effectively allocated on oil spills and hence compensate to all individuals affected by the oil spills. The act also ensures that response system from the government is effectively prepared in order to manage the effects resulting from oil pollution and expects the oil companies to effectively enhance measures in prevention of oil pollution that is hazardous to human beings.
Regulations and laws related to oil exploitation in Kenya
According to the Kenyan law, indicates that all natural gas, mineral oils are owned by the government. According to the Petroleum Act indicates that a license is supposed to be obtained from the petroleum resources ministry for any activities involving oil operations, exploitation, storage, production, drilling and transportation. The petroleum and oil exploitation in Kenya is responsible for all oil companies’ activities. Multinational oil companies operating in Kenta are obliged to adopt applicable precautions in order to prevent oil pollution. These companies require effective installations of machines that are in good repair in order to deter from oil wastage and spillage. The environmental impact Act requires the assessment of Environment impact as a result of oil exploitation. Both the private and the public sector link in order to provide effective consideration to the effects of oil exploitation to the environment.
Hydrocarbon pollution and oil spills and human rights violation
The official estimates proposed by the Kenya National Petroleum corporation indicates that approximately 2000 cubic meters of petroleum are spilled in approximately 300 incidents annually. Despite of the small fields in Lamu, Anza and Mandela, there are different pipeline networks that have led to massive leakage of oil. Many of these flow lines and pipelines are subjective to corrosion require replacements since they are old. According to oil pollution act requires all the companies responsible for oil spillage to clean and restore the original state of the environment. Despite of the long term consequences on environment, oil spills impacts directly individuals in these areas. Oil leaks spurt on large areas since they originate from the pipelines with high pressure destroying the crops and polluting the waters used for farming fish. Just a small leak of oil can finish all crops impacting the residential income. Such consequences can lead to high cases of poverty.
There are two cases of oil spills in Kenya that occurred in Mombasa and in Rift valley. In 2000 more than 100 people died as result of oil spill from oil transportation and in Mombasa, oil layers stretched along the Indian Ocean affecting fish farming. According to the anti-corruption team in Kenya, incidences of oil spills occur frequently as result of government negligence in defining effective laws and policy that need to be implemented by the Multinational companies in carrying out oil production activities. Kenya Ports Authority manager asserted that as a result of oil spills in Mombasa beach, resulted to long term impacts to both the marine and humans. In different communities living in the oil installations, oil spills incidences are not common but sheen of oils on the water can be seen where many villages depend on the water for many of the house hold activities. In 2012, samples were retrieved from the water used for house hold activities by the communities and analyzed and illustrated high contents of hydrocarbons in the water not suitable for human consumptions. Therefore, oil spills from the multinational oil companies have caused devastating challenges to human beings not simply because of lack of negligence but, as a result of weak laws and policies that do not consider on human rights protections.
Human rights addressing the oil exploitation
Self-determination rights
The self-determination rights is predicated on the affirmation of philosophy of the human drive to reality aspiration and coupled with human equality postulates.
Kenyan constitution, Article 44 indicates that all citizens have the right to exercise self-determination. This signifies that people have the freedom to pursue their cultural, social and economic development and political states.
According to the recent happenings on oil exploitation in Turkana region, the right of self-determination law can be asserted as insignificant as freedom of people on their economic, cultural and social aspects was violated.
Right to natural resources and land
The symbolic meaning of land according to mmm 6666 states that land is not just a possession or a production means but rather an indicator that nurses different implications, therefore it is not a material that can be acquired nut rather a material that an individual’s enjoys with a lot of freedom
According to the UN article 17 of Human Rights declaration states that every citizen has the right to own property hence nobody is subjected to being deprived of the right. This is a different case according to the Kenyan Law where by indigenous land titles are overruled in accordance to the interests of the public that include importance of oil exploitation and development and hence the government compensates with little sums. Article 64 of the Kenyan constitution states that people will be subjected to dispose their natural resources and wealth as the right is exercised in accordance to people interests
Right to environment
According to Stockholm Declaration in Principle 1 states that an individual has the right to freedom, adequate and equality conditions of life in a quality environment that allows dignity of wellbeing and life acknowledging on the responsibility if improving and protecting the environment for future and present generation. Rio Principle states that it is significant for the government to create effective laws regarding damage and liability for individuals faced with environmental change. According to Article 42 of the Kenya constriction states that all individuals shall possess the right to satisfactory and general conditions to development. In section 20of the constitution is non-justifiable at the national levels and indicates that the government shall enhance improvements and protection to the environment and safeguard the land, air water, wild life and forest of Kenya. With the several incidences of environmental pollution in Kenya, the provision of this law has been viewed as complementary with political and civil rights.
According to the Degree of 2001 on environmental impact requires assessment of the environmental impact of new projects which can formulate high impacts to the ecosystem. This includes projects on oil development and exploitation. The Act states only new projects what about projects that have been on the past?
Justice access rights
Kenya constitution Article 48 guarantees the right of justice and fair hearing. Section 42 provides the states and the Federal; High courts provide justice to violation of human rights. Unlike other countries such as Indians, over the years, the Kenyan system has been insignificant as result of lack of independence, bureaucratic delays, poor compensation rates for communities members and corruption. Currently, the judicial decisions have provided a glimmer of hope in the rights of justice to the Kenyan people. According the National human rights Commission effectively protects and promotes Kenyans human rights. However as result of financial autonomy and lack of independence which has highly undermined the effectiveness of the NHRC effectiveness. The NHRC fails to recognize the community as a venerable group rather than establishes venerable groups.
International standards of human rights
According to the international human rights law states that people or communities living in oil resource areas require protection from oil exploitation. In this approach, the communities are provided with legal protection against private encroachment and state on their resources and lands including protection against exploitation of their lands and resources by Multinational companies. In Kenya, especially communities situated in oil resources are denied the rights of land ownership and resources hence forced to seek human rights internationally for their rights protections. According to the international human rights law, offers four categories of human rights protection from oil exploitation and involves specific indigenous human rights protection, ordinary community human rights, specific community rights and indigenous people rights.
ILO No 169 convection on Tribal and Indigenous people
The International Organization Labor Convection proposes the recent convection on both the tribal and indigenous communities. It establishes a set of standards for the rights of communities and people leaving in resource areas for instance oil areas. It is significant in different areas concerning oil and gas exploitation in communities. According to the ILO 169 convection indicates the significance of respecting the cultures, values of the communities in accordance to resources and lands as significant to their core lives. According to the Experts Committee on Convection Recommendations and application asserted that these provisions are significance in activities associated with oil exploitation. The committee obliges that it is significant for the government to ensure that communities in areas faced with oil resources are fully protected for their rights.
In article 14 of the convection indicates that the government and the Multinational oil companies need to recognize possession and ownership of land to the people in the community. According to convection effectively states that the community requires legal rights that offer protection on land ownership and possession.
On the other hand, the convection article 16 prohibits forced displacement of people living in areas covered with natural resources. The Article states that displacement of people is only considered as necessary if an agreement is made between the government and the communities. In oil exploitation cases, the article protects the human rights as a result of force displacements. Finally, Article 7 proposes convections pillar on oil exploitation on community’s territories and lands. According to the article, people leaving in the communities have the right to own their lands, exercise control towards their cultural, social and economic developments. The article obliges the government to promote human rights by taking measures to present and protect the environment.
Analysis of gaps in the legislative framework and policy
Kenya has different environmental policies and laws but many of these laws are not enforced. Lack of understanding and knowledge on these laws among the companies has enhanced to negligence in different areas. In the sector of oil exploitation, the government has enacted the laws and policies but still the companies do not enforce them. Even with the acknowledgement of the laws there is still little on enforcements.
Kenya centralized oil industry governance structure still leaves communities without statutory or constitutional rights, consent or voice on oil exploitation by oil producing companies.
Government infrastructure or poorly designed facilities have contributed to the endangering of human rights across the communities. Petroleum industry are obliged to follow the international safety on environment in their activities but the federal regulatory agencies in Kenya that include the Petroleum Recourses Department, National Environmental regulation agency, and the national response agency on oil spill with the rule of law have indicated that such requirements based on environmental safety are still not enforced.
High levels of inequality, unemployment, poverty, underdevelopment of infrastructure in Kenyan communities compound to the negligence of the laws and regulations proposed by the International legislative framework in protecting the human rights. The policy and laws representing compensation are still not enforced. In this case, the law has been relegated and bastardized to background as a means of corruption. This signifies that an effective and relevant action needs to be enhanced in order to make the judicial framework significant.
The Kenyan National Petroleum Corporation is effectively controlled by the Ministry of energy and the overall department lacks autonomy especially in areas that focuses on decision making that are unnecessary and bureaucratic delayed. The operation of the Ministry is characterized by ineffectiveness in handling oil activities and violation of human rights.
Chapter 4:
The following research study has indicated that the Multinational oil companies in Kenya influence violation of human rights in communities faced with oil resource. Additionally, the study has explored that the legislative framework is still weak in Kenya and certain policies are not enforced by the oil companies in protecting the human rights.
There is need to strengthen the judicial systems especially in areas that focus on oil exploitation and human rights violation. The communities need to understand the terminologies of oil resources and the legal framework significance in protecting their rights. This serves as an approach of assisting in strengthening the application of human rights legislation in the judiciary. The legal framework on human rights management requires an improvement that could effectively enforce the existing rules and regulations both on pollution and oil spills. Changes made in Kenya enforcement of human rights regulations will need to build effective support in order to ensure effective enforcement of the regulation. The changes include long term aspects and hence, creating awareness is significant to different stakeholders such as Multinational oil companies and the judiciary. Additionally, human rights education is significance in creating awareness that strategize in promoting change of behavior and management of oil activities that can lead to violation of human rights. Different initiatives can be developed in order to target different audiences for instance, people in the community, government and Multinational companies. The programs can effectively accommodate the human rights protection from oil exploitation without the inclusion of other resources.
Another significant policy recommendation involves encouragement of the regulation amendment of the oil companies in order to address the human rights and social impacts of the Multinational oil industries. This includes the assessment of the significant effects on human health, access to clean livelihood and water, and effective transparency to information for the communities affected. Compensation laws require effective amendment and include the Petroleum and Pipeline act provision in order to distribute the finances effectively without any inclusion of corruption cases.

Chapter 5
The following study concludes that human rights violation and Multinational Oil companies poor regulations are enhanced by different combination factors that include, poor legal framework that denies rights to natural resources and land, negligence of environmental considerations, poor enforcements of laws regarding environmental protection and people, corruption in the Kenyan government and oil industry and the ineffectiveness of different judicial systems and human rights commissions. All these aspects are still enhanced up to date. The following study is significant as it analyses how regional and national institutions can be strengthened in order to provide human rights protection effectively.

Marcel Duchamp’s work

Readymade art goes back to the 1910s commonly used in Marcel Duchamp’s work. Readymade art is objects that an artist selects and modifies to become and art expression of a theme. Readymade art is considered art with the understanding of the artist and not the public view of the object that the artist has transformed into art. A combination of two words, readymade arts, employ the common objects or landscapes that at the standard sight make less or no sense. However, with the alteration of an artist, the object is transformed to an art that not only appeals at sight but also psychologically. A discussion on ready-made is provided in this paper with an example of an image depicting the natural objects transformed by the artist.

The above photo shows a combination of leaves, a flower, and a cone from different trees combined to represent a unique expression. The combination, however, does not present to the viewer of the art originality since the components are all from different trees.
Depicting the fall season, the artist combined the leaves with a cone to identify with the nature and the surrounding at the season of fall. Additionally, it depicts the environment condition that is associated with a fall. The combination of the different leaves to form a single object depicts the artistic definition of uniqueness and the combination of different aspects to come up with a single image.
In its early definition, readymade art acquired the description of existing art lacking the artistic touch of a professional. The stylistic approach readymade art uses to depict the artist’s expression defines a different and inquisitive understanding. The transformation of the standard objects in the environment into an art defines the imaginative mind of an artist.

Intelligence in Different Aspects

Intelligence in Different Aspects
The definition and use of the word differ with respect to the geographical region, the cultures, and the civilization. However, a standard definition of English words is provided for in the dictionaries. A noun of attention in the discussion of this paper is intelligence. The definition and understanding of the noun intelligence arouse arguments for the right use and application in the different circumstances. At a psychological aspect, intelligence refers to an intellectual functioning of an individual’s brain, to mean the cognition and mental processes of the brain (study, memorization, and categorization) are applied in the finding of facts, analysis of conditions and making of a conclusive meaning to the concept (Wesley 20). At a different perspective, intelligence is the ability to solve a problem, adapt and learn experiences with less difficulty, creativity, and the ability to judge, comprehend, and to reason. An argument definition of intelligence is provided for in this paper with respect to the view from different perspectives defining the term.
A number of terms are used to define intelligence with a different understanding of the use and the conditions that the word is used. The different definitions use different words but meaning the same making the definitions interrelated in a way. Clever, bright, and smart are some of the words commonly inter-used to define the word intelligently. According to Prunckun (16), intelligence is determined by comparing the performance of an individual with others. IQ (Intelligence Quotient) seeks to determine the performance of an individual with people of the same age. The results are then measured with the best performer and the average performance that the age group can achieve in doing the test. The IQ tests are aimed at measuring the mental age (MA) that is associated with a given chronological age (CA). Prunckun (15) asserts the intelligence of human beings is a feeling rather than the fact that he, or she believes. Furthermore, intelligence of every human being goes hand in hand with intellect, which refers to the cognitive part of humans. However, in determining intelligence of a human being, Cianciolo and Sternberg (33) suggests that a number of factors trigger intelligence these being the possible in terms of gender of a child, the immediate environments that children are brought up in, and the society they are raised.
Different cultures have their different regard to intelligence. In the western countries, intelligence refers to a bright student mostly referred to as smart. The students referred to as smart are those who are excellent in their performance, in class work and extra-curricular activities. In African countries, however, intelligent students are students who perform well in their class work. Asian countries, on the other hand, define the term intelligent by an excellent performance in class and practical activities that are outside the class environments. The child’s potential is dictated by the genes that are inherited from their parents, genotype-environment interaction, and the gender of a child. In measuring intelligence among boys and girls, they tend to show similarities in the different features (Cianciolo and Sternberg 44). On the other hand, in skills, boys and girls have different intelligence prowess.
While girls are fluent in verbal, writing, and perceptual skills as early as when they are still toddlers, boys are strong in visual-spatial processing, science, and mathematical problem-solving skills as they develop. From a tender age, girls take interest in verbal exercises, writing materials and perceptual exercises with a natural liking. Their interests in these exercises improve as they grow. However, in the different environments that they are raised in, there is a possibility of a reduced interest in such activities. Similarly, boys develop an interest in practical exercises and their interests develop as they grow. However, there are factors that Ceci (130) considers affecting the development of a child’s intelligence as he, or she grows. They either support the growth or thwart the development. The part such as the environments that children are raised in also has an effect on the intelligence levels of children. Cianciolo and Sternberg (39) define intelligence in terms of the education that an individual has attained from his or her attendance in school or academic courses. Ceci (130) states, a school environment provides the student with a stimulating intellectual trigger of the brain to increase their understanding, perception, and cognition of the skills and concepts taught. Ceci (130) relates the society and the intelligence of children with respect to the access that they have to quality education and other resources for learning. Children from a wealthy family are intelligent compared to children from a poor family background.
A different definition of intelligence factors on the features that an intelligent person does in the daily activities. However, Wesley (17) gives a classification of nine types of intelligence associated with human beings. Naturalist intelligent people with the ability to identify with the environment, discern features in the natural world, and identify with the normal life situations. Musical intelligence is the ability to understand music pitch, rhythm, timbre, and tones that are useful in the creation of music, composing, or conducting. The intelligence in music is evident in the great musicians, vocalists, and the listeners who take an interest in understanding the different genres and composition.
Logical-Mathematical intelligence is the ability to compute, enumerate, or present propositions for hypothesis in solving mathematical problems. Another category of intelligence has the name of existential intelligence, which refers to an adaptive intelligence in determining the history of man, life, and the societal traditions that human beings have passed through in the evolution. Interpersonal intelligence is a unique trait that allows an individual interacts with others with lots of ease. Bodily-kinesthetic intelligence is categorized as another classification of intelligence with individuals having the ability of perfecting time, and interrelationship of the body and the mind to accomplish a task. Linguistic intelligence is a unique trait that allows an individual to use language as an expression of complex meanings (Goertzel 28). Another intelligence category is intra-personal intelligence, which is the understanding of personal feelings and thoughts and turns these personal traits to the advantage and progression of oneself. Lastly, Wesley (22) describes spatial intelligence as the last category of intelligence, which refers to the ability of an individual to reflect in three dimensions. With the information at hand, a spatially intelligent person can determine additional information that can help him or her identify with the surroundings that he or she is. Sailors have the capability of approximating a distance that they are to cover, or identify new routes that will still enable him reach a port.
However, the different categories of intelligence mean differently among different cultures in the world. In western countries, the experience of a child is the most important factor considered in his or her development. Since their tender ages, they are nurtured to appreciate the gifts they have and efforts are made to ensure they develop their talents. However, other countries like in Asia, the talents of children make less importance to the poor families. Their interest is in the education of their child and securing a job. The child on his or her own has to identify with their talents and nurture it to perfection. Developing countries in other parts of the world also has less consideration on the talent development of a child at the tender age. Efforts are made in the ages after adolescent when the child can make a living out of the ability that he or she has found out on his or her own.
According to Cianciolo and Sternberg (20), intelligent people can be uniquely singled from a group by the different characters that they have. An intelligent person listens to their intuition and act according to their ideologies on the environments. The decisions that intelligent people make may be contrary to the standard methods for doing projects, but they base their argument on what they consider the best procedure. Intelligent people trust in themselves and not the authority. Their actions are considerations of what the authority stipulates and issues that are related with the actions taken. If they believe that the authority is not to their benefit, then they devise new methods to attain the set goals. In acting on their intuition, intelligent individuals are aware of their personal weaknesses, strengths, values, and principles and they have a conviction in the outcomes of their beliefs to solve the problems and make the best out of their lives. Intelligent people have the ability to learn from experiences and avoid doing the same mistake, but rather make efforts to make the best out of their failure in the future. The experiences that intelligent people experience is a learning process to them compared to an average child or person whom they will approach the situation without considering and not learn a lesson from the experience.
An intelligent person thinks outside the normal situation required of him or her. They can easily handle new ideas, and new methods of activities, and still come up with ideas to handle the situation. The situation that they find themselves in is a platform for them to identify radical ways of solving a problem. In the event of coming up with a new idea, intelligent people approach the situations with an open mind that they take sides with the different arguments. However, as per their conception of an idea, intelligent people can determine a good support of an argument even from the different rationales and paradoxes presented. Intelligent people are responsive to facts and have an internal drive towards attaining the best even before its stipulated time. They can realize that the problem is going to improve from a misdeed that an individual has done and find a solution to the problem before help is needed. Therefore, in case there is a problem, they can offer their support to resolve the problem.
Intelligent individuals have the experience of identifying with areas to access information. Despite the human defect to have knowledge of everything, intelligent people can be resourceful in identifying areas and taking part in solution finding. Intelligent people strike out with their ever-growing interest to learn new things or remind themselves of experiences (Cianciolo and Sternberg 43). The current events, issues, and techniques are subjects of interest to intelligent people as they are learning tools to make the best out of themselves. Intelligent people have set goals, mission, objectives, and purpose for their actions. They are productive in their work as they operate in a schedule they believe will be a success. In their involvement, in solving problems, however, intelligent people are concerned about teaching other on the new methods. The learning process is a continuous event in their lives and the people around them are to share the same information that they have (Cianciolo and Sternberg 31).
The definition of words and their application stirs issues concerning the best definition and the conditions that they describe. However, the different definitions portray a similarity in the definitions that make them related and implying the same concept. Intelligence, for instance, has been inter-used in different conditions each with a different approach but applying to same conditions. Intelligence has been measured in terms of performance of students with relation to their age and the standard average performance expected of their age. However, exact definition about how intelligent someone is or not is still to be defined. Unique traits, however, associated with intelligent people differentiate them with average people. However, different cultures have a different perspective on the meaning of intelligence and the importance of developing the abilities that children show at tender ages as they grow.

Works Cited
Ceci, S., J. “Evaluating the Bioecological Framework vis-a-vis classic Forms of Evidence: The Case of Heritability.” Ceci, S., J. On Intelligence . . . More or Less: A Biological Treatise on Intellectual Development. Massachusetts: Havard College Publishers, 2009. 129-134.
Cianciolo, A., T. and R., J. Sternberg. “Intelligence: A Brief History.” Cianciolo, A., T. and R., J. Sternberg. Intelligence: A Brief History. Victoria, Australia: Blackwell Publishing, 2004. 30-45.
Goertzel, B. “The Hidden Pattern.” Goertzel, B. The Hidden Pattern. Florida: Brown Walker Press, 2006. 25-30.
Prunckun, Hank. “Typology of Intelligence.” Prunckun, Hank. Handbook of Scientific Methods of Inquiry for Intelligence Analysis. United Kingdom: Scarecrow Press, Inc, 2010. 12-17.
Wesley, Lin, V. “Intelligence: New Research.” Wesley, Lin, V. Intelligence: New Research. New York: Nova Science Publishers Inc., 2006. 15-25.

Immigrant Interview

Immigrant Interview
This is the eleventh year since John crossed the borders and entered United State, now 19 years; life is full of struggles and lack in value. He has tried to get legal documents to become one of the citizens of US but in vain. John speaks fluent English despite the fact that he did not even know a single word when he first arrived in US.
“By the fact that I have reached this far, I give glory to God”, John stated as the interview progressed and after asking him about the experiences that contributed to his coming in US. It was a very awful experience as he was lucky to escape the political turmoil that saw his entire family massacred. He was lucky and he together with other colleagues resolved to seek asylum in US to escape from the war.
Their trip to US took them 30 days. In these days, they escaped death narrowly after the truck they board got involved in an accident. It was at the night and no person was around to help those that were critically injured. Surviving this accident was like a miracle as the truck was destroyed beyond repair. Four people succumbed to their injuries and were left behind as the location where the accident occurred was interior of a forest. They resolved to trek heading to the direction they did not know.
One month after their arrival in US, the authority was notified about their presence. The group of four, john involved were screened and interrogated on various issues pertaining to their country of origin and what they were doing in a foreign land. The story was very long and because I was a minor, I was taken to a refugee camp to join other immigrants. Life at the camp was not that good as people were many and therefore, they compete for resources. John began to learn English as most of the people had already learned to speak English. It did not take him long before he eventually came to understand to speak and as well to right fluent English.
He went to school and this opportunity allowed him to meet with other students that were not immigrants. Developed friendship with them and did many things together. They played together and went to class and to library together. This opportunity made John to learn their way of life and indeed, he was part and one of them as he had already embraced their culture.
John had become acquainted and socialized into American culture/life and at 18 years, he was now an adult and wanted to be registered as a US national. This has been one of the biggest problems that John agree to have faced, something he thought could be easy.. Immigration department has held many meetings with John aimed at interrogative him. It is now close to second year and John has no clues as to whether indeed, the government will listen to him and given him citizenship. He believed that America is his home and he has no plans of going back to his home country. He has no trace of his home and no one knows his whereabouts in his home country. John still has hopes that indeed, he will be considered and given the citizenship.
Regardless of these changes, John is still resilient and optimistic. He knows that through his perseverance and determination and his trust in God, his request will go through. He concludes, ‘It is not over until it is over”.

Business and Employment Law

Business and Employment Law
Employee-employer associations serve as an important part of the management of an organization. The relationship of an employer and his or her employee determines the efficiency of the employees, the work output of the organization and the success of the company. Every working environment, however, presents a number of challenges to the employee and the employer. As the employer seeks to provide the suitable system of management, the employee might reject the system, as it might hinder them from the things that they have been used to do. The antagonism between employers and their employees act as the basis for the documentation and enactment of the employment laws. This research paper looks at a case study of a similar problem between the management system of an organization and the employees.
Employment relationship issues follow a given procedure in a bid to determine the facts that are responsible for the occurrence of the problem. Additionally, the process helps the stakeholders to identify the best solution to the problem and to find the best way of avoiding the same incident from happening. In the case of Raj, Sarah, who has been appointed as an office manager and relations over exercised her authority in ensuring that the mistakes in the working environment are avoided. As part of the management of the company, Sarah had all the rights to amend laws that govern the employees, but these laws are to give an allowance to the employees that she manages. The employee has the right to be involved in the policy making of the company. The policy, however, was non-considerate of the situations that the employees could be involved.
In creating a good working environment between the employers and the employees, there are occurrences of misconducts that the employee may have towards the tasks that he or she has been given. The organization management body has the responsibility of determining the best method through which the misconduct can be dealt with and avoided in the future. With the disciplinary committee and the human resource department, the employees who are responsible for the mistakes in the organization are punished as per the mistake they have committed. A warning is first given to communicate to the employee that as per the policy of the organization he or she is not to take part in the same offense. A second warning and third may be to ensure that the warning given in the first time was heeded. If the employee does not follow these rules then he or she is fired.
Employee-employer relations have taken many forms in definition and application of policies in the management of an organization. According to Altman (2002), harassment in the working group is unnecessary conduct related to a relevant protected characteristic, which has the aim of violating an individual’s self-respect or creating a degrading situation. In the many forms, that harassment exists in organizations, Chalofsky (2003) concludes that bullying is frequent in many companies. He further provides the definition of bullying as an offensive, or intimidating behavior, and misuse of power through ways that undermine the victim in a working environment. Bullying has had profound effects in the management of companies and has resulted in poor working conditions of the employees and demoralization.
According to Fuller (2004), employee relations and participation of the employees in the business environments and the management system determines their efficiency in the company. All policies made within the company are to consider the stakeholders in the company. The stakeholders in an organization consist of the employee and the employer. Under the employment regulations, very many unethical conducts that are ignored in the current workplaces are discouraged. Wrongful termination of employees for standing for what they, as employees are entitled to access or receive in the work environment is considered one of the unethical conducts. Fuller (2004) suggests that, wrongful termination can be defined as, an action that employers or the control system of an organization takes to control the occurrence of misconduct or disturbance within an organization by initiating fear in the employees.
According to Sweeney (2004), wrongful termination is a process applied by an organization in determining the loyalty of its employees. The termination of an employee is to regain the loyalty and commitment of employees to the company. However, the termination process instead of having a positive influence on the employees, it encourages fear and loss of trust in the management of the company. Under the employment regulations and laws Sweeney (2004), the employee has the right to explain the circumstances in which the action that led to his or her misconduct before the management decides on whether to fire him or not. If found guilty of the errors that are stipulated by the company’s by-laws, then he or she is given a warning against the offense committed.
Under the Equal Employment Opportunity Commission (EEOC), Sweeney (2004) describes the steps that an employee who considers his or her termination as wrongful act or harassment of his or her rights. An administrative charge as Altman (2002) describes is the preceding step that an employee can take before filing a lawsuit. Once the administrative charge has been filed, his employer or the management will be given notice of the charges that an employee has filed. Under the business, the necessary steps to determine the cause of the termination, the reasons that were considered before the termination of the employee, and the action that was taken towards the employee. Depending on the company’s rules, an employee can get two chances to prove that he or she will not repeat the same mistakes before the management terminates him or her. After the agency has determined that the termination was not valid then a legal solution is advised to be the best way of seeking justice for the victim. However, Raj has the best of exercising his employment and labor rights and suing the company for the wrongful termination with no chance of correcting the mistake that he or she has committed.
Raj has the right to follow up with the company’s management to know the basis for his termination. Despite the use of foul language as stated by the Managing director who decides on terminating him from the company, Raj has the right of knowing why the management reached the decision of terminating him. Additionally, termination in any company provides for an employee an opportunity to make appeals before the final decision is made. However, Raj was not given a chance he still has an opportunity of justifying that his conduct is only solved by his termination from the company. Therefore, Raj has the option of suing the company for wrongful discharge and violation of employee’s rights. With the help of a solicitor, he can determine the outcome of the lawsuit and weigh if he will go through with a lawsuit or not.
Dennis, on the other hand, is an employee who was fired from his job for caring about the issues of other employees. Diamond & Allcorn (2006) define employee relation as the interconnection that employees create with their employers and individuals within their working environments. It is the responsibility of the employees to take up issues to their employers of cases of harassment or unethical practices. The channel of reporting issues is definite, and their institution is to maintain a good working relationship that the employee creates with his or her employees. Therefore, in the report of such an incidence it becomes the accountability of the manager to take the necessary steps to realize what might be the cause of the problem and find a solution to rectifying the mistake. Chalofsky (2003) asserts that, management systems have the obligation of maintaining the welfare of their employees. It is their duty to make sure that there exist no incidences of harassment or insubordination among the employees.
Dennis had a concern about the way Sarah was treating employees and the poor method of management that she was using. However, Sarah as the office manager was not pleased with the concerns of Dennis. Harassment in the working environments and organizations takes various forms. Some negligible mistakes that employers commit towards dealing with their employees might lead to heavy losses if legal action is taken against them. Harsh working conditions imposed on the employees is considered as one of the demoralizing factors to output and efficiency. According to Diamond and Allcorn (2006), the efficiency of employees is determined by their perception and the relationship that they have with their management. As a motivation factor, the relationship of an employee and his or her employer reflects the quality of work that an employee gives. However, harsh working conditions demoralize the employees output.
In the case of harassment, in the place of work, the victim is to take the matter to a labor agency. With the help and support of the business, the action taken on the employee will be investigated to determine if it was just for the employee to be terminated from his or her work. Since Dennis was just acting according to his concern for fellow employees in the department, he should contact a solicitor who is to guide him on the necessary steps to take in following up with the case. If wrongfully discharged from his work, then under the employment rights the company and the management of his business can be sued. However, it is with the advice of the solicitor that Dennis will get to know if by suing the company if he will be the one, to compensate the organization or the organization will compensate him for wrongfully discharging him from his work.
Furthermore, the company’s Managing director has defamed Dennis among his colleagues by sending other workers that Dennis has a problem with the office manager, Sarah. Defamation, a criminal offense as stipulated by the law, provides Dennis an opportunity to file for a lawsuit against the managing director. Bureau of Labor Statistics (2005) describes defamation as, tarnishing of an individual’s name and respect among his or her peers. Additionally, defamation is thought incite a negative perspective of the person in the presence of others. Nonetheless, defamation cases are to accompany the evidence that the victim’s reputation was ruined by the accused and that the defamation is true as supported by witnesses. The lawsuit for defamation and wrongful discharge from work will both have a good impact in the employment history of Dennis. Therefore, he should sue the company for ignoring the employment policies and for wrongfully discharging him on grounds of raising a concern about a fellow employee. Additionally, he should sue the Managing director for defaming him among his fellow employees.
Employment relations require legal and social agreements to be made between the employer and the employees. Determined by the organizational policies, state labor regulations, and employee rights, the employers and the management of companies have the right of determining the best conditions that the employees are to work. The employers have the obligation of caring for their employees. If the trust and confidence between the employer and the employee are broken, the employee has the right of filing a complaint about the breach of his or her rights. However, the right of employees in the workplace does not condone misconduct from the employee towards the company or their managers. In the case of misconduct, labor laws give the management of companies the right to take necessary actions towards the employee. Before the final decision is made of termination of an employee, the management body and the human relations department have to agree on the decision as the best solution of administering punishment to the employees.

Altman, M. (2002). Economic theory and the challenge of innovative work practices. Economic and Industrial Democracy , 23 (2), 271-290.
Bureau of Labor Statistics. ( (2005)). Retrieved April 28, 2014, from US Dept of Labor.: http://stats.bls.gov/news.release/union2.nr0.htm
Chalofsky, N. (2003). An emerging construct for meaningful work. Human Resource Development International , 6 (1), 69-83.
Diamond, M., & Allcorn, S. (2006). Surfacing Perversions of Democracy in the Workplace: A contemporary Psychoanalytic Project. Psychoanalysis, Culture & Society , 54-73.
Fuller, R. W. (2004). Somebodies and Nobodies: Overcoming the Abuse of Rank. New Jersey: New Society Publishers.
Sweeney, J. (2004). Can we be a democracy if democracy ends at the workplace door? New Political Science , 26 (1), 99-104.

Mt. Pleasant Planning Commission

Mt. Pleasant Planning Commission 2/6/2014
Organizations use meetings to deliberate on various issues that affect their operations. For these meetings to be effective, it is prudent for the communications to be effective. It is through effective communication that issues raised are understood. This paper analyses the meeting of Mt. Pleasant Planning commission held on February 6, 2014.
The meeting is usually held for a reason or a certain purpose. In this meeting, members wanted to address various issues that pertains their operations. One of the reasons was the approval of the agenda, which they did. Agenda is the issues that the members want to address. These issues would be reviewed and approved before they can be allowed to be taken to the members for discussion (MC TV Network, 2014). Therefore, this was one of the important issues that the meeting was convened for. The other reason was to approve the previous minutes of the previous meeting they held. The members must verify the previous minutes in the subsequent meeting to ascertain whether they are correct before beginning discussion on any other issue. This ensures consistency in the progress of the agenda.
The meeting also allowed the new interim city manager named Nancy Ridley to join the Board for the first time. This was very important because she was a new manager and would get an opportunity to know the board members and other members that were going to work within the organization. The debate focused more on the public hearing property ownership and issues concerning zoning. Bean provided information about the property and previous negotiation and agreements between the owner and the Fire Department (Joint Meeting of the Mt. Pleasant City Commission and Mt. Pleasant Planning Commission, 2014). The members deliberated on the issues of the ownership and on whether land was used as required. Planning issues emerged during the discussion and Bean was questioned on various aspects. The owner of the property Rodney Deming informed the board that the property was purchased as duplex in 1999/2000 (MC TV Network, 2014). This discussion was essential in helping the members to find out what went wrong and how a solution could be arrived at. It manifested many such problems that are experienced in various states across the country. Land and property ownership is very complex issue and at many times, people end up losing their property through shoddy deals. Therefore, it is a very important discussing that will help the members reach an amicable solution that will help them address the issues in a better way that will satisfy both the parties involved.
Another issue discussed in the meeting was on whether Zoning Ordinance requirements for site plan reviews was fulfilled in the 1799 Gover Parkway site located in the north of Bromfield. Bean shared the aerial view of the site to enhance its understanding. The proposal for some changes on the sites such as proposal of 44,723 square feet and sidewalks were discussed and amicable solutions reached (Joint Meeting of the Mt. Pleasant City Commission and Mt. Pleasant Planning Commission, 2014). The planning commission has the mandate to ensure that the zoning and any planning initiatives are undertaken well.
Therefore, this indicates that the members discussed on various issues that concerned the zoning of various sites and whether, the owners of the sites had obtained licenses to own their property. The meetings therefore aimed to solicit information from the public, more so on the parties concerned about the sites they owned. The commission has the obligation and is answerable to the people if they fail to conduct or deliver appropriate services to the members. Therefore, they aimed to find a clear picture on the situation before taking any step that might have caused them further problems with the various parties involved. The politics behind this meeting therefore can be pointed out as to ensure that there is order and clarity in the ownership to avoid blame games. The planning commission is just but enquiring about the areas under the discussion as part of their responsibilities to ensure full compliance.
Communication is very effective in such meetings. It is the only way that the members get to understand each other and share their feelings. The style of communication that people use does vary with the circumstances and conditions at hand. In this case, the members were allowed to use verbal communication to elicit their views and ideas. The discussion was one on one. The information was recorded down in the form of minutes (MC TV Network, 2014). The views and the respond from various responded were written down and provide a viable source of reference in future. The advantages of using verbal communication are that the emotions of the speakers are manifest and this helps to enhance understanding of the conversation and the issues that are under discussion. To enhance the verbal communication, the speakers used illustrations, such as pictures and maps showing various sites to substantiate their arguments. This kind of communication was essential as it enhanced understanding and the decision making process.
The communication of the members was also structured in the sense that it followed a certain structure standardized for meetings. This also was effective in ensuring that all the agendas the members wanted to deliberate on were handled. It also saved time since the members had to follow a certain order making the entire process effective.
A number of challenges also emerged during the discussion and were addressed amicably. One of the challenges was on ascertaining the true ownership of the various sites. In one sites owned by Deming, the members had to cross-examine the owner through various questions (MC TV Network, 2014). The information provided by the owners and what was in their custody seemed to have mismatches triggering them to recommend for further enquiries. This therefore attested to the fact that it was going to be a complex undertaking for the commission of planning. Other challenges concerned the need to allow for sidewalks and other measures on the site. The members therefore had to deliberate on the issues at length trying to understand what was the best alternative for them. Challenges were also experienced when it came to the question of selecting office bearers. Office bearers are very important people and should be appointed by the members through voting (MC TV Network, 2014). The process must be free and fair to ensure that the majority members elect the best candidates. Because not all the board members were present, the election was postponed to ensure that they all contributed in the processes. This was a challenge that hampered the realization of the group goals.
When arriving at discussions and decisions, that require expenditure, considering financial state of an entity is very important. Decisions must be in tandem with the financial status to ensure that the proposals are implemented. It also allows an entity to look for other alternative sources of income to finance the various processes. The decision reached by the members has financial implications and therefore should be evaluated to ensure that the organization is able to finance them.
The management employed various strategies to gain support for their initiative. One of the strategies was to ensure that all the stakeholders including, the employees, and the board make decisions. These strategies ensure that there was no single person that would take the responsibility or the blame. They also scrutinized and evaluated information concerning various sites to- ensure that they make appropriate decisions that would not be objected by any party. The public hearing was a good strategy that the members used to ensure that the issues that were not sufficiently addressed and understood came into limelight. Getting this information from the parties involved or the owners was very important in ensuring that the planning commissions took appropriate decisions pertaining to zoning of the various sites under study. Therefore, these strategies among others played a critical role in ensuring that the members achieve their goals and champion their agenda.
In conclusion, the meeting was well organized and the agenda was met. The members adopted a structured style of communication, which helped in enhancing understanding and as well discussion of various agendas. Various strategies were also employed to ensure that the meeting succeeds. Communication plays a critical role in any communication, as is the means through which people get to understand one another. The minutes were well recorded and ensured that issues were clearly addressed ensuring that all aspects were discussed in a systematic way.

Joint Meeting of the Mt. Pleasant City Commission and Mt. Pleasant Planning Commission. (2014). Retrieved form: http://www.mt-pleasant.org/docs/board/agenda/city/2014/E- Packet03.24.14.pdf
MC TV Network. (2014). Retrieved from: http://mac3-mi.pegcentral.com/
MC TV Network.(2014). Planning Commission 2/6/2014. Retrieved from: http://mac3- mi.pegcentral.com/player.php?video=dac699d354bb1064381fe9a123dac14cMt. Pleasant

Life Perspectives from a Literature View

Life Perspectives from a Literature View
Literature writers have a stylistic approach to the social concerns and themes that they address in their works. Literary themes and methods have a different style of addressing the issues that are common to the modern world in ways that make sense compared to the standard methods to the issues. An analysis of the traditional and modern literature books presents a number of issues that are addressed with some similarities in the writings. Different methods also are present to differentiate the times of writing and the features of concern at that time. However, literature has been used to describe many traditional and cultural practices in different unique ways. This paper presents a review of two books ‘Pow! s’ by Mo Yan and ‘Border Town’ by Shen Cogwen with an emphasis on the literal concerns that affect communities.
The first book ‘Pow!’ by Mo Yan is set in the traditional culture but addressing the contemporary social events that the society faces. In his, book ‘Pow! Mo Yan uses the simple modern features that make more sense to the reader as they are issues that people encounter in their daily lives (Lingenfelter, 2012). Mo Yan is renowned for applying food ideas in writing his books. In writing the book, Mo Yan uses a narrator Luo Xiaotong, a young Chinese man who loves to eat food (Kemp, 2013). As the main character, the story revolves around the life of Xiaotong. Just as any literature material, Yan uses his character as the centre of developing the different themes that he addresses in his book (Mo, 2012, p. 14). The childhood story of Xiaotong is filled with the family relations that he and his mother have to undergo when his father leaves his mother for a wine merchant. The book is a narration of Luo Xiaotong to a monk. The story is a narration on the town in the Northeast Gaomi Township, in the Shadong province. The culture of the Chinese where the writer bases his arguments and subject of the story revolves around the revolution of the new inventions into the modern world. Xiaotong’s town was formerly a peasant village with farmers tending to their farms as their daily source of food (Mo, 2012, p. 35). However, the large returns of the food industry and products are considered a revolutionizing effect to the lives of the people.
They take an interest in dealing with food products and leave their lands. In the event of adapting to the new lifestyle of being butchers and animal keepers, capitalism creeps into their culture (Goldblatt, 2013). The rate of corruption and economic immoral are worsened among the new butchers as compared to the former butchers in the town. Some of them apply crude ways to ensure that they make profit (Mo, 2012, p. 45). This is evident with the practice that Xiaotong when he worked in the food industry used to ensure that more sales are made compared to the other butchers. Yan describes the way Xiaotong injected water into butchered meat to add its weight and then formaldehyde is used as a preservative; as a result, the business makes more profit compared to other businesses (Mo, 2012, p. 65). Yan is famous for his social morals and three general ideas in the literal world, sex, food, and money. In each context, Xiaotong the main character in the book ‘Pow!’ interacts with in a different way to shape his life events. To an extent, Yan addresses the social immoral in the society but attempts to pass the message in the books by applying a humor that make it easy to the reader to understand the thematic ideas that are being described.
In the book ‘Border Town,’ Shen Cogwen focuses on the life of Cuicui a young teenage girl and her life experiences as she grows. Cuicui is left under the protection of her grandfather after the suicide of her father and the passing away of her mother soon after her birth (Shen, 2009, p. 63). Living in a small town, Cuicui’s grandfather operates a ferry that transports people to the nearest town across the river. The setting of the rural establishment where Cuicui lives with his grandfather is a separation for the social immoral that the big developing town across the river has influenced on the dwellers. The story is focusing on a different life circumstances that youths face as they grow into adulthood (Shen, 2009, p. 56). Written and focused on the modern literature, the story brings to reality the changes that modern civilization practices have deprived cultures. In comparison to the life in China before the communist revolution, that brings a different perspective to the cultures and practices of the societies. In another concept, Shen tries the hypocrisy that the elite class among the societies applies in making their way to the top of the classes at the peril of the less fortunate. The development stages of Cuicui are filled with events that she feels hard to understand and comprehend. The grandfather asks her many times when she would be sitting on a rocky bluff are what she was thinking. However, her reply, which is a whisper, is a mixed reaction of forces within her that she fails to understand. As she answers her grandfather that she is not thinking of anything, her heart tends to oppose her answer, as she does not understand herself what she really wants in her life (Shen, 2009, p. 63).
The teenage age of Cuicui as any other teenager is characterized by finding the best man to spend the rest of her life. Raised by her grandfather, the two grow to care for each other. As the grandfather is worried about the life that her granddaughter is going to live, considering the tragic death that Cuicui parents underwent, he becomes determined to find her granddaughter a man who will take care of her after his passing. On the other hand, Cuicui is torn inside thinking of what kind of life she will live if she loses her grandfather. Two brothers attracted to Cuicui emerge in the story, and Shen brings up the rural life cultures of the Chinese (Shen, 2009, p. 65). Despite the antagonism that is between the two brothers with each seeking to be chosen over the other by Cuicui, no physical reaction that they show towards one another. Shen describes the events in the context before the communist revolution and the peaceful community coexistence.
The two books are written with the main events revolving around teenage developments stages and the changes that are characterized with the stages. Using the China culture as the basis of the books, the practices before the revolution and eradication of old practices serve to give a glimpse of the period of writing. The writers also have applied the different social themes that are considered the current events with their implications to the societies. Yan addresses the changes in the society with respect to the shift that takes place in the life of his character Xiaotong. As he grows, up the changes that he is raised in defines his adulthood and the characters that he develops. Since he is raised in a capitalism society, he adopts uses unethical methods to achieve sales in his business.
On the other hand, Cuicui’s story with a setting of a rural context, discusses the life of the rural Chinese cultures before the revolution. Cuicui, who is raised by her grandfather, develops differently as compared to Xiaotong, who is raised in an urban setting. The village where she is raised in gives her the opportunity to realize herself and develop into an adult with an appreciation of the life situations. Nonetheless, the different settings of development present challenge to the characters in these books but the outcome of the results proves otherwise. Xiaotong grows up to be consumed by the pleasures and comforts that the society offers with little regard to the effects that his or other people’s behavior will have on the lives of others. Cuicui, on the other hand, grows to be a social person with a concern of the people close to her. She is considerate on what will happen to her with the absence of her grandfather. Her search for love and a better life would have been a dissimilar scenario if she grew in a different setting.
The application of the literature styles and addressing the modern issues affecting the societies have been a great influence in the writing and success of these two books. Basing their arguments and using the modern life situations as compared to the old traditional life, the writers employ the modernity in literature writing. A narration mixed with a writers own perspective of the social events makes for the attention that these two books receive. Written in the Chinese culture and appreciated into the international literature materials, depicts the ability that these authors have applied in ensuring that the circumstances affecting the different age groups (Ziolkowsk, 2005, p 93). Addressing the rural and settings of the Chinese culture and providing a link to the modern society, the writers provide a history of the Chinese culture in a unique way that attracts the attention and interest of the reader to appreciate the different perspectives as per the writers own stand (Braginsky, 2013, p 15).
Traditional literature presented a look at the general scenarios that were apparent to the reader. Themes that were addressed focused on what the general events that could have an impact on a group of people and not a specific target of people. Additionally, they seek to materialize the oral stories that existed in the past generations. However, modern literature is based on the modern societies. Themes addressed are at an advanced perspective as per the view of the writers. They address a particular age group and the manner of representation of the themes has a great impact to the reader. In the area of representing a theme that would result to bitter criticism, recent literature applies a different technique that does not attack the reader directly.

Braginsky, V. (2013). The Comparative Study of Traditional Asian Literatures: From Reflective. In V. Braginsky, The Comparative Study of Traditional Asian Literatures: From Reflective (pp. 14-18). London: Curzon Press.
Goldblatt, H. (2013, May 26). Translating Mo Yan. (S. Sparks, Interviewer)
Kemp, P. (2013, January 20). Pow! by Mo Yan, trans Howard Goldblatt. Retrieved April 27, 2014, from The Sunday Times: http://www.thesundaytimes.co.uk/sto/culture/books/fiction/article1194945.ece
Lingenfelter, A. (2012, December 3). The Quarterly Conversation. Retrieved April 27, 2014, from Pow! by Mo Yan: http://quarterlyconversation.com/pow-by-mo-yan
Mo, Y. (2012). Pow! In Y. Mo, Pow! (pp. 10-67). Calcutta: Seagull Books.
Shen, C. (2009). Border Town: A Novel. In C. Shen, Border Town: A Novel (pp. 45-68). New York: Harper Perennial.
Ziolkowsk, E. ,. (2005). Literature, Religion, and East/West Comparison: Essays in Honor of Anthony C. Yu. In E. ,. Ziolkowsk, Literature, Religion, and East/West Comparison: Essays in Honor of Anthony C. Yu (pp. 91-95). New Jersey: Rosemont Publishing & Printing Corp.

Summary of “Les Miserables 2012” in a law point of view

Summary of “Les Miserables 2012” in a law point of view
Different movies address different themes aimed at informing, educating and entertaining the audiences. Furthermore, movies exemplify different aspects that are manifest in society such as love, law and justice among many other plots. This paper summarizes the movie “Les Miserables 2012” from the perspective of law.
Various instances in the movie exemplify different aspects pertaining to law. The protagonist in the movie, Jan Valjean, and other characters such as Marius, Thenardiers and Fantine are used to demonstrate the instances of law, ranging from breaking the law, evading the law and efforts to ensure that law is provided. Valjean is jailed and serves a prison sentence for nineteen years after he stole a loaf of bread, and as well from subsequent attempts to escape from the prison. Stealing is an offense and this leads to his arrest. The attempt to escape from the prison is a breach of the law and this increases his stay in the prison.
On his release, Valjean seems not to have transformed as he steals silverware belonging to Myriel and bishop serving Digne (Hyslop 24). For this offense, the authority arrests Valjean but the bishop comes to his rescue by claiming that he gave him the silverware as a gift. This is the second instance that Valjean faces the law. He further masks his identity by calling himself Madeleiene after shifting to the town of Motreuil-sur-mer. At the new town, he sets up a manufacturing process company. The act of concealing identity is in itself a criminal act that is punishable under the law. The motives for hiding his identity are to conceal his past records and to project himself in positive limelight. However, Javert, an investigator, arrests him after his identity is known and sends him to prison.
Employment laws also restrict employment of people with illegitimate children. Fantine takes her children to Thenardiers for her to get a job. She finally gets a job but after she is recognized that she has an illegitimate child, her job is terminated. Prostitution is also illegitimate. Fantine decided to venture into prostitution after the job loss, an act that gets her into prison. Valjean again escapes from the prison and escapes to Montfermeil and he buys/adopts Cosette –Fantine child from the Thenardiers (Les Miserables 2012 para. 2). This is also an instance of law, as there are measures required to be abided when adopting a child. Valjean and Cosette are again forced to go into hiding after Javert discovers Valjean. They end up in a convert.
The association of Marius Pontmercy a young man living with his grandfather with the radical student friends of ABC is also a criminal act. Marius joins the radical group that targeted political uprising and he is involved in criminal activities as he has a pistol (Behr 152). He survives after the army attacks the students to destabilize the student’s uprising. The army intervention is aimed to restore order and to ensure that law is respected. The arrest of the Thenardiers by Javert after their plans to steal from Valjean on their second meeting in Paris is also an illustration of the law breaking. Stealing is an offence and is punishable by the law.
Therefore, the movie has extensively deliberated on the aspect of law. Various instances and events depict contravention of laws. The culprits such as Valjean and Thenardiers are taken to prison as the punishment of their acts of breaching the laws. Others such as Marius escape death narrowly after an army attack for involvement in criminal activities. Therefore, it is an interesting movie demonstrating different instances of breach of law and the consequences.
Works Cited
Behr, Edward. ‘The Complete Book of Les Misérables.’ NY: Arcade. (1989): 152–3. Print
Hyslop, Lois Bee . “Baudelaire on Les Misérables”. The French Review 41.1 (1976): 23–9. Print.
Les Miserables 2012. Web April 25, 2014. http://www.novamov.com/video/1b45a4a8c7c9a

Quality Improvement Story

Quality Improvement Story

Quality Improvement story allows teams and organizations to handle their problems well. The QI is a seven-step process that teams go through to execute or to address their problems. The seven steps are problem identification, identification of the causes of the problem, verifying the root causes, planning and implementing preventive action, checking effectiveness of the action, standardization of process and determining of future actions. The paper further adopts a quality case scenario experienced at the work place and how the seven steps were incorporated in addressing the problem.

Quality Improvement Story
Quality Improvement Story (QI) story
A quality improvement story is a systematic guide used to solve problems or to improve processes. The quality improvement story organizes the work that a team executes in a way that its story is told (Omachonu & Ross, 2004). The team identifies reasons for its formation, when it was formed, where and what it worked on and how the team was able to solve a problem. Teams therefore can apply same story telling technique as communication is standardized. Since communication is standardized, it enhances easier transfer of ideas between the teams, departments, as well as companies.
Why adopt QI story
There are various reasons why quality improvement story is used in an organization. One of the reasons is that it helps a team to organize, gather, and as well analyze information or data in a logical fashion (Omachonu & Ross, 2004). This allows the members to work together as they can speak in the same language and as well work on similar problem. This makes it easier for the group or a team to approach and solve problems better. The second reason is that it allows monitoring of the team progress. By allowing the storyboard to be visible, members and non-members are able to view how the team is progressing and where the process of problem solving has reached. The third reason is that QI story allows easy understanding by the non-members (Omachonu & Ross, 2004). This is important because the non-members can help to provide some insights on the issues under discussion hence helping the group to review some of the things that may have been omitted by the team members. Feedback is desirable in an entity as every member may be interested in the problem improvement.
The last reason why QI are important is that it allows standardization presentations to the management. Since management is required to be acquainted on how to use these QI stories, it allows them to concentrate on the problem and this saves them valuable time that would otherwise have been wasted (Omachonu & Ross, 2004). The teams are also able to speak with facts and this influences the management to take certain decisions pertaining to problem solution.
QI story basic steps
Q1 story has various basic steps that teams are required to follow. These steps include identifying the problem areas, observing and identifying the causes of the problem, analyzing, identifying and verifying root causes of the problem, plan and implement preventive action, check effectiveness of action taken, standardize process improvement and then determination of future actions. These steps are clear and important in ensuring that the problem is managed properly (Kaynak, 2003).
Appropriate ways to illustrate advantages of managing problem
Among many ways to illustrate the importance of managing problem, one of the ways is through demonstration of evidence. Enough evidence should be provided to support that there are problems that require address. The other way is through interrogation of the problem by analyzing the various perspectives concerning the problem. For instance, the benefits and the drawbacks of an issue are weighed to help in reaching a decision.
Types of actions and examples
The kinds of actions that can be taken including standardization in the case the cause is eliminated. For example of the cause of low productivity is lack of morale, the moment measures are instituted to increase their moral are in place they, the appropriate standards should be sent to ensure that the employees does not again lag behind or become demoralized (Omachonu & Ross, 2004). The second action is reanalyzing the cause of the problem if not eliminated. Deeper analyzing is required to better understand the problem and the best mechanism to solve the problem. Example is where employees continue to strike even after addressing their concerns.
QI basic requirements
To use QI story effectively, it requires many things. One of the requirements is that the team should have knowledge of the various quality control tools. The tools vary and could be advanced statistical tools, and seven basic tools among many others. Members should acquire better training on the use of the tools to ensure proper use. The second requirement is effective communication (Vorley & Tickle, 2001). The team must communicate their ideas, opinions, and views effectively. The communication should be verbally and as well in writing which at times may require training. The third requirement is to have knowledge about the actual construction of the quality improvement story as a requirement. This requires training but through experiences by working on more stories the teams becomes proficient (Farahmand, 2013). The last requirement is for the team to work as teamwork. Teamwork sometimes is complex and requires learning. Members must know how to interact with each other, how to delegate duties and how to ensure that there is trust and respect among the team members. If team members are unable to work together, the probability of the team failing to accomplish its duties are very high (Omachonu & Ross, 2004).
Former quality problem
The quality problem in the organization I worked was the high number or employee absenteeism. This problem is addressed using the seven step of Quality improvement. In solving, the problem it is important to factor in the PDCA cycle which relates to QI process. This is to ensure that the team does not miss any process, as this would cause challenges for the team in addressing the problem.

Source: Omachonu & Ross, (2004), Relationship between QI process and the PDCA cycle
A stated, the first thing for the team was to identify the problem why the employees were not turning out on their duties. The problem was identified by the supervisor and as well by the customers who complained of delays in receiving their services. After identifying the problem, the team observed and indentified the causes of the problem by evaluating the present status of the problem. The causes of absenteeism among the employees include lack of morale, poor working relationship, poor supervisory services and low salaries. The root causes of the problem were then analyzed, identified and verified. This was important to ensure that the exact problem was solved to avoid recurrences. The team was able to list the major problem of absenteeism as failure of the management to execute its duties diligently.
After this identification, the team came up with a plan to implement a preventive action to address the situation (Omachonu & Ross, 2004). To ensure that this trend is solved, the team members came out with various solutions including putting in place stringent measures such as signing in and out, fines for the absent day and threats of retrenchment. They also proposed to ensure that appropriate measures were in place to ensure that employees were supervised to check on absenteeism.
The team then checked the effectiveness of the action taken by comparing information on the various options /actions to eliminate the problem. This process was to ensure that appropriate measures were taken in case the actions taken failed. Fortunately, the solution or course of action eliminated the problem, making the team to standardize the steps. The problem action was documented and replicated to enable employees and other stakeholders abide by the new set of standards. Employees were required to change their behavior and attitude and abide by the new set rules to remain in the organization and execute their duties. The last stage was to determine the future actions. The problem-solving process was reviewed in the quest to find out what was done better, what could be done better or even done different to ensure that the problem was resolved forever. The team accomplished its objective on this problem and therefore went on with their usual responsibilities.
Quality improvement story help managers and teams to solve their problems well. This seven-step process requires strict adherence to guarantee positive results.

Farahmand, N. (2013). Quality Improvement by Qualified Managers. Business Management Dynamics, 2(7):28-43.
Kaynak, H. (2003), ‘The Relationship between Total Quality Management Practices and their Effect on firm Performance’, Journal of Operation Management, 21(4): 405-435
Omachonu, V., & Ross, J. (2004). Principles of Total Quality, Third Edition, United States; CRC Press LLC.
Vorley, G., & Tickle, F., (2001). Quality Management, Principles and Techniques, 4 ed. Guildford, Quality Management, and Training Publication Ltd

Trade Show and Event Marketing

Trade Show and Event Marketing
Global-Tech is a software and hardware production company that specializes in computer programming and networking solutions. The company encourages innovativeness and dedication that students and other self-sponsored individuals bring to the business. The support of the new age technology advancements creates a wide market for development and establishment of a significant business for the business. The company is also a supplier of technology accessories to schools and other companies that are embracing the technological changes in the business. The company is located in New York where its headquarters is based. The company also has invested in recreational facilities, hotels, schools, and donates a large sum of its annual returns to charities that are to help children and homeless people. Global-Tech hosts a competition for ICT students in various universities who are prospective employees in the business after their graduation. Global-Tech plans to host its annual ‘Prospective Challenge’ that aims to identify with university students and promote talents among teenagers. The success of the event translates to the expansion of the business in terms of employees and builds responsiveness of its goods and services to future customers.
Section A: RFP (Request for Proposal)
I. Contact Information
Event Name: Prospective Challenge
Event Host: Global-Tech
Event Organizer: Global Tech
Contact Person: Andrew Mills
Contact Details: 234 345 786
City: New York
State/ Province: New York
Email Address: millsa@yahoo.uk
Preferred Method of Communication: Telephone
II. Event Profile
Event Name: Prospective Challenge
Event Host Organization: Global-Tech
Event Organizer: Global-Tech
Event Start Date: Fifth (5th) May 2014
Event End Date: Fifteenth (15th) May 2014
Event Organizer:
• Global-Tech enjoys 45% of the total market share with major competitors being Tech-Solutions, Betsy Technologies, and Fog Tech Industries. Tech Solutions have a 25% market share, Betsy Technologies enjoying 15%, and Fog Tech Industries is having 10% of the total market share.
• Prospective Challenge event aims to identify young, talented, and visionary university ICT students, offer them an opportunity of developing their skills, and make a living out of their hard work.
• The ‘Prospective Challenge’ is an annual event held in the convention hall of Global-Tech businesses.
Event Host Overview:
Global-Tech mission is to spearhead the development and adoption of technological advancements in the digital world.
Global-Tech vision is to reach out to the global market with its technological solutions to making the world a digital place.
The business is built on the philosophy of identifying with talents and nurturing them to perfection. The efforts in making the best out of the ordinary are the driving force behind the existence of Global-Tech. Innovation and technological advancements are the primary concepts, which the company stabilizes its market shares.
Attendee Profile: The event is expected to host 3000 visitors and students. The event attendance does not discriminate on gender, race, or any other basis. Therefore, every willing participant has the opportunity of attending the event at his or her own will. Among the people in attendance, the company invites members from other countries. With the support of several countries governments, the event looks forward to hosting members from other continents like Africa, and Asia.

Event History:
The Prospective Challenge for 2014 will be the third since the first one held in 2011.
Facility Name City/State Start Date End Date Total Attendance Total Room Nights Post-Event Report (PER) attached
Global-Tech New York 20th October 2013 30th October 2013 2000 10 N/A
Global-Tech New York 5th July 2012 15th July 2012 1500 10 N/A
Global-Tech New York 3rd April 2011 13th April 2011 900 10 N/A

Exhibition Information: The Prospective Challenge includes an exhibition of the technological advancements that the company has contributed to the technology industry. The events that the company has organized over time and the charities that the company sponsors are also part of the show. The company aims to display the successes in their products and the future it aims to reach with its products. The display will be held in the main hall of the organizations’ building.
Future Open Dates: Global-Tech intends to hold ‘Prospective Challenge’ in the future with the specified dates below.

Published Start Date Published End Date
10th February 2015 20th February 2015
19th March 2016 29th March 2016
17th September 2017 27th September 2017

III. Requirements
The request for proposals (RFP) is soliciting for the services of event hosting, which Global-Tech envisions for the future. Every year the number of attendants in the ‘Prospective Challenge’ is to increase; consequently, the space and hall of meeting might not be enough for future participants in the events. Additional services like the lodging and accommodation facilities are also of consideration.
Location Requirements: Global-Tech looks to host the event in different states in order to reach out to other areas where their products have not reached. The development and target group of the company considers states that have significant universities and high student populations. Global-Tech looks to hold events in Alabama, California, Florida, New Jersey, Tennessee, Wisconsin, and Washington.
Facility Requirements: In the states listed above, Global-Tech prefers to hold the ‘Prospective Challenge’ event in a conference center. Conference center provide enough exhibition space and is usually situated near restaurants and lodgings; therefore, they will serve to lessen the efforts to locate a room service for the participants in the event and the visitors that will be invited from different nations.
Guest Room Requirements: In every Prospective Challenge event, Global-Tech provides for its guests and members accommodation and meal. The table outlines the requirements in detail for the ten days of the event.
Times Number of Guests Number of Single-Bedded Rooms Required Number of Double-Bedded Rooms Required Number of suites Required Number of Accessible Rooms Required Total number of Rooms and Suites Required
Monday 950 300 325 100 N/A 725
Tuesday 1000 200 350 100 N/A 650
Wednesday 1900 400 700 100 N/A 1200
Thursday 2500 700 800 200 N/A 1700
Friday 3000 1000 900 200 N/A 2100
Monday 3000 1000 900 200 N/A 2100
Tuesday 3000 1000 900 200 N/A 2100
Wednesday 3000 1000 900 200 N/A 2100
Thursday 2500 900 725 150 N/A 1775
Friday 1500 700 350 100 N/A 1150

Section B: Preliminary Program
Event Theme: Making a Difference in ICT and the Tech-World
Description of Organization: Global-Tech is a private company specializing in technological advancements, software, and hardware supplies. The company creates a great publicity from its support of students in its event; the Prospective Challenge held annually. The involvement of university students in the challenge is a stratagem that the business uses in promoting the young and talented individuals in the society and helping them find a plan to develop their skills. In turn, Global-Tech, gives back to the society by taking part in a number of social work events in the societies to boost its involvement in social events such as charities to help the needy.
Attendants: Technology is a revolution in business development and processes. The new technology advancements help create a better, faster, and more efficient customer satisfaction for companies and individuals compared to the eras where there were no technological equipments. The Prospective Challenge provides the attendants with information about the new arrivals and the future developments yet to come. Therefore, apart from the students in the different colleges and universities, in the United States, business representatives are allowed to attend, individuals, and high school students under the guardianship of their teachers will be allowed to enter.
Date and Place: The event is scheduled to take place on Fifth (5th) May at the Global-Tech building conference center. The show, however, will take place in the main hall of the building.
Sessions: each day of attendance will incorporate three sessions with a two-hour break in between the sessions. On the first day, the visitors will be welcomed and ushered to the conference hall. The events of the day will be:

Event Facilitator Duration
Welcoming of visitors Global-Tech CEO 8.00 am – 10.00 am
Lunch – 10.00 am – 12.00 pm
Induction and summary of the program for the ten days Event Organizer – Andrew Mills 12.30 pm – 2.30 pm
Break – 2.30 pm – 3.30 pm
Registration of the universities and colleges in attendance Students Representative 3.30 pm – 4.30 pm
Departure 4.45pm

On the second day until the ninth day, the programs of the day will be the same. Each day will have three sessions with two-hour breaks for refreshments and lunch before the departure at the end of the day. On the first assembling day, Tech review will be a showcase for Global-Tech and give direction for the Universities that will be given the responsibility of facilitating in the following days. The university students will be given the opportunity to present their personal inventions and explain the impact they might have if released to the public. At the close of the event, the best show and invention presented will be awarded and funding for the project provided for with Global-Tech. The competition that the universities will be competing in is a challenge to identify students the company will award the honors of best performers. The competition will involve the course subjects, the practical sessions, and a session of creativity to prove the abilities of the students.
Event Speaker/ Facilitator Duration Objective
Tech Review Global Tech – CEO 8.00 am – 10.00 am The lecture will focus on the new inventions that the company has produced. Additionally, the lecture will seek to create awareness of its products to the audience in attendance.
Break – 10.00 am – 12.00pm
Competition of the Universities in attendance Andrew Mills and the University representatives 12.00 pm – 2.00 pm The event will focus on identifying the best students from different universities by organizing competitions that they will participate. The universities will be grouped in categories according to state or nationalities.
Break – 2.00 pm – 4.00 pm
Exhibitions Global-Tech Universities in attendance 4.00pm – 5.30 pm The show will not only focus on the products offered by Global-Tech, but also it will be a session where the different universities will present their inventions. Individual students and groups will be allowed to bring their developments and present to the people in attendance.
Departure 5.30 pm – Participants and the visitors will leave at their own pleasure.

On the last day of the event, the award ceremony and the completion of the event will be marked by celebrations to congratulate the winners. It will also be a day to identify with the future hopeful employees to the business. The winners will be awarded, and their reward will be made clear in the presence of everybody. The program of the day will have three sessions with two-hour breaks and afterwards a celebration for the winners and vote of thanks to all who made the event a success.
Event Speaker/ Facilitator Duration Objective
Finals of the competition for the Universities and colleges Andrew Mills and the University representatives 8.00 am – 11.00 am In the finals of the competitions for the universities and colleges, the students will be given a chance to prove they are worthy to receive the awards given by Global-Tech.
Break – 11.00 am – 1.00 pm
Announcement and awarding of the winners Global-Tech CEO, Andrew Mills, and the University representatives 1.00 pm – 3.00 pm After consideration of the performance of the groups of students, the results of the best performer will be announced.
Break – 3.00 pm – 5.00 pm
Departure Participants and the visitors will leave at their own pleasure.

Registration Forms: Universities and colleges that are to participate in the event will be required to acquire the registration forms from the company’s website. Alternatively, in the various outlets of Global-Tech, the registration forms will be provided. The universities that will participate, however, have to hand in their forms two months before the date of the event. Those that will submit their forms late will not be eligible to participate in the event. The registration forms will be used in the provision of accommodation and lodging services and in determining the total expenditure that will accrue at the end of the event.
Sponsors: The event will be a collaborative business with Google and Dell Computers who are the greatest supporters of Global-Tech. These companies, which are high contributors in social responsibility activities and young teens support in developing their talents to professional levels.
Section C: Meeting and Exhibition Guide (MESG)
I. Overview
Day/ Date: Fifth (5th) May 2014
Function Name: Prospective Challenge
Event Organizer/ Host Organization: Global-Tech
Event Organizer Location: New York
Starting Time: 8.00 am
Ending Time: 3.00 pm
Program Planner: Andrew Mills
Contact Details: 234 345 786
Purpose of Meeting: The event is to fish for young talented students and provide opportunity’s to enable them become the professionals in their fields of expertise.
Event Type: The Prospective Challenge is a countrywide event aiming to search, build, and develop talents among the teens,
Event Frequency: The event is held annually.
Preferred Site: The event is to take place in the Global-Tech building.
II. Key Date, Times, and Locations
Primary Event Facility Name: Global-Tech building.
Event Location City: New York
State/ Province: New York
Country: United States
Published Start Date: Fifth (5th) May 2014
Published End Date: 15th May 2014
Pre-Event Meeting: Held on twenty-ninth (29th) April 2014 at 10.00 am in Global-Tech conference hall, New York. The meeting was convened to determine the events and programs that are to be held in ensuring the success of the Prospective Challenge. The people in attendance were the CEO Global-Tech, human resource manager Global-Tech, the finance manager Global-Tech, Andrew Mills the event organizer, and Richard Rivers the representative of Universities.
Post-Event Meeting: To be held on 17th May 2014 as from 10.00 am in Global-Tech conference hall, New York. The meeting is to identify the expenditure during the event, the expenses that were incurred in the days of the event, the damages that might have been done and the people responsible, and the success of the event in creating awareness and identifying students with talents. The people in attendance were the CEO Global-Tech, human resource manager Global-Tech, the finance manager Global-Tech, Andrew Mills the event organizer, and Richard Rivers the representative of Universities.
Key Event Contacts: In the success of the event, Global-Tech will employ the help from event organizers, security personnel, the lodging department, catering department, and subordinate staff of Global-Tech. their contact details are provided for in the table below

Company Address Location During the Event Emergency Contact
Andrew Mills Event Organizer, Global-Tech 2537, New York On site at all times 234 345 786
Richard Rivers University Students Representative 875, New Jersey He will be present in the event and is to be near the students in their areas of lodging. 678 567 098
Lindsey Ashley Head of the Catering department, Raised Caterers 956, New York The catering services will be offered at the site of events; therefore, she will be present at all times. 555 562 004
Maxwell Gordon Head of the Security Department, Global-Tech 125, New York Will always be present in the event proceedings and the building 004 457 834
Clara Simmons Human Resource Manager, Country Bells Resort 235, New York Will be situated in the resort facilities where students and visitors will spend their nights 557 342 004

Description of Duties:
Andrew Mills. He will be responsible for overseeing the progress of the event. Additionally, Mr. Mills is responsible for the attendants of the event in terms of their lodging and accommodation facilities.
Richard Rivers. Working in conjunction with Mr. Mills, Mr. Rivers, will be in-charge of the conducts of the students in and out of the event facilities. He will be assisted with selected members of various institutions to oversee and respond to issue affecting the students.
Lindsey Ashley. As the head of the catering department, she will be responsible for the supply of drinks, food, and snacks during the breaks and lunch period before the beginning of the sessions.
Maxwell Gordon. As the head of security, Mr. Maxwell will require the assistance of other security personnel of the company to monitor the events and the safety of the areas of the convention. Within the building, he will assign employees in strategic areas to monitor the people coming in and people who are going out. In the lodgings where the students and visitors will spend the night, he will be responsible for their security.
Clara Simmons. Tasked with the responsibility of providing lodging facilities for the students and visitors, she is to provide a good environment to support the students and visitors in their preparation for the events of the next day and recreational facilities to keep them occupied.
Attendee Profile: This section provides detailed information for the people who are to attend the Prospective Challenge.
Expected Total Event Attendance: The event looks forward to hosting three thousand (3000) visitors, students, and foreign guests of Global-Tech.
Number of Pre-Registered Attendees: 300 visitors who are guests invited by Global-Tech
Number of International Attendees: 200 visitors are expected from different countries in the world. Their lodging and accommodation facilities will be booked early before their arrivals to lessen the task of finding them a suitable place of residence.
Accessibility/ Special Needs: During the registration, the attendees will indicate the special needs that they might have and would like to be provided. Global-Tech will cater for all the special needs that individuals may have.
Arrival/ Departure Information:
Arrivals: The university students and their representatives are required to report on fourth (4th) of May. On arrival, they will register with the registrar of the event and check-in with the lodgings where they are to spend the days of the event.
Major Departures: The attendees will leave the lodgings booked for the days of the event on the following day after the final events of the Prospective Challenge. At their own pleasure, they can leave on the same day of the finals and award ceremony.
Group Arrivals/ Departures: The different universities and colleges that will decide to travel in groups will let the registrar know of their day of arrival and their day of departure make necessary arrangements with the accommodation employees.
Luggage Delivery Requirements: Individuals or organizations that expect to receive a luggage during the days of the event are to notify the security personnel who, in turn, will give them the address of the organization as the destination area. When the luggage is received, with the help of the registrar, the owner will be identified, and their luggage delivered to them.
Luggage Storage Requirements: In the days of the event, the luggage will be under the care of the owners. Every person will be responsible for his or her own property, but in case of misplacement, person is to make a report with the security personnel.
Safety, Security, and First Aid: The security personnel will provide each student with emergency instructions and the right procedure to follow in accessing medical emergency. A session of 30 minutes prior to the start of the sessions each day will be dedicated to educating the attendees of the security measure to take in the event of emergencies.
Food and Beverage: Students with special requirements will be identified, and their foods and beverages provided for them at the same time as other students and visitors. Breakfast will be served at their lodgings before they report to the conference center at Global-Tech building. Mid-morning breaks will be served with beverages and snacks in the building. Lunch will also be provided in the building. Dinner will be served back at the lodgings. In the afternoon, all attendees will be provided with water or energy drinks.
Audio/ Visual Requirements: The event will require a projector and public address systems to help in the lectures and discussions.
Transportation: Global-Tech will provide transportation facilities for its visitors and the students attending the event. During the week, a bus will pick up the students and visitors from their lodging areas to Global-Tech building. In the evening, they will be transported back to the lodging areas. Extra transportation costs for the students will be a personal expense; however, international students and visitors will be toured around the state courtesy of Global-Tech. During the weekend, the students will be transported to the historic sites near the city courtesy of Global-Tech.