Tuesday, December 31, 2019

The Role of the Chorus in Henry V by William Shakespeare...

The Role of the Chorus in Henry V by William Shakespeare The role of the Chorus in the Shakespeares play, Henry V, is significant. Due to the subject matter that the play deals with, it is hard to present in the way that it deserves. The Chorus helps the audience follow the play by helping them to picture things as they were through the use of imagery. It uses descriptive language in describing events that take place in the play. The Chorus also helps in making the plot of the play flow together better by filling the time lapses that occur between acts due to the fact that the event being depicted in only a few hours actually occurred over several years, leaving some gaps between events. It also explains what happens in an act†¦show more content†¦The chorus asks the audience to picture the armed forces and their horses and the battle scenes that took place when watching the play. And, that the events that happened took place over several years, and for the sake of brevity, many parts will have to be left out leaving many ga ps throughout the story, jumping from place to place, turning the accomplishment of many years into an hourglass; for the which to supply, admit me Chorus to this history (li 30-32). The Chorus will help to fill in the gaps and to explain what is going on so the audience will not get lost as the play jumps around. The Chorus ends by asking the audience to be patient as they view the play. In this instance, the Chorus function is setting the stage for the rest of the play. It doesnt reveal the plot or make any character developments. Instead, it serves as a mediator. Its function is to prepare the audience for the play that they are about to watch. In Act II, the function of the Chorus is to fill in the lapse of time that has occurred since the time when Henry made the decision to go to war against France. The audience is informed that the English have been preparing to go off to battle. All the young men of England are joining King Henrys forces. The Chorus tells of these b rave men, Now thrive the armorers, and honors thought reigns solelyShow MoreRelatedEssay on The Flawed King in Shakespeares Henry V1572 Words   |  7 PagesThe Flawed King in Shakespeares Henry V To turn Henry V into a play glorifying war or a play condemning war would be to presume Shakespeares intentions too much. He does both of these and more in his recount of the historical battle of Agincourt. Although Shakespeare devotes the play to the events leading to war, he simultaneously gives us insight into the political and private life of a king. It is this unity of two distinct areas that has turned the play into a critical no mans landRead MoreCharacteristics of William Shakespeare ´s Play Essay626 Words   |  3 PagesHenry V: Act 1 Prologue Analysis Many of Shakespeare’s plays have unique scenes such as travelling to a different city or sailing on vast oceans that is difficult to present in a play. However, imagine a battle of thousands of men that must be displayed on a 50-meter radius stage, an impossible task. Some of Shakespeare’s plays have a unique character called the Chorus that is often found in the beginning of all the acts. The chorus’ role, like a narrator, is to give a brief overview of the nextRead MoreEssay about The Irony Depicted in Shakespeares Henry V1566 Words   |  7 PagesThe Irony Depicted in Shakespeares Henry V As Norman Rabkin has observed, Henry V is a play which organizes critics into rival camps of interpretation (35). It can be seen as a play that is ambiguous; a play that exposes the playwrights own indecision; a play that aggressively takes sides in favour of nationalistic fervour which Shakespeare himself didnt believe in (35). All of these views, writes Rabkin, are wrong since according to him the plays ultimate power lies in its abilityRead MoreReligious Leadership In William Shakespeares King Henry V1450 Words   |  6 PagesName: Instructor’s name: Date: Subject: William Shakespeare: â€Å"King Henry V† Though William Shakespeare: â€Å"King Henry V† may not be one of the best of his plays, through the protagonist King Henry V he depicts an ideal image that leaders should seek religious guidance from religious leaders in the quest to rule. This is to provide guidance in their leadership and rule. Various scenes in the play are constructed to illustrate King Henry V Christian character like mercy, caring for the poor and his senseRead MoreHenry’s Use of Language in Act IV, Scene 1 of William Shakespeares Henry V1298 Words   |  6 PagesIV, Scene 1 of William Shakespeares Henry V This extract comes at the lowest part of Shakespeare’s play ‘Henry V’ with the dramatist reflecting on the main character’s positions, as a King and as a human being. At this point in the plot the English army are ‘but a weak and sickly guard’ (according to Henry himself in act 3 scene 7), desolate in enemy territory with great certainty that their campaign against the French has come to an end. This causes Henry to becomeRead MoreEssay about Elizabethan Theater1308 Words   |  6 Pagesliterature and theater into what it is today. I. History of Elizabethan Theater a. forming of theater 1. medieval church 2. mystery and morality b. actors 1. rogues and thieves 2. acting guilds II. Influences and people a. commanding actors 1. Shakespeare 2. Burbage b. other 1. wars of the roses (other historical influences) 2. laws restricting theater III. The theaters a. prices 1. seating 2. stage b. the theater and the globe 1. locations and characteristics 2. Burbage and other accomplishmentRead MoreWilliam Shakespeare And Carol Ann Duffys Subvert Traditional Roles Of Gender And Sexuality1740 Words   |  7 Pagesbibliography - 1,733 words. W/out the above - 1,361 words. Candidate number: 12610 How do William Shakespeare and Carol Ann Duffy subvert traditional roles of gender and sexuality in â€Å"From Mrs Tiresias† and â€Å"Sonnet 20†? Both Carol Ann Duffy in â€Å"From Mrs Tiresias† and William Shakespeare in â€Å"Sonnet 20† subvert male gender roles by presenting the male protagonists with physical female traits. Both Shakespeare and Duffy manipulate the reader’s expectations, using familiar poetic forms and imagery –Read More Shakespeares Portrayal of Henry V as the Model Monarch Essay3059 Words   |  13 Pages Shakespeares Portrayal of Henry V as the Model Monarch In this essay I intend to show that Shakespeare portrays Henry as the Classic Sovereign as he is patriotic, brave, cunning, religious, natural leader in touch with the lower class of the country. I will use quotes and remarks in the play to show this and present it. I shall firstly do a summery of the play and give a basic image of what it contains, and then give a detailed analysis, which will give a more detailedRead MoreShakespeares Presentation of Henry V Essay1811 Words   |  8 PagesShakespeares Presentation of Henry V During the course of the play we are shown many different sides of Henry, the most prominent in my opinion being that he is a great leader but ruthless. Our views of Henry are formed not only by his actions and what he says, but also by other characters’ opinions of him and how the audience would value these opinions according to how Shakespeare has presented them. Henry is first introduced into the play through the Chorus’s speechRead MoreThe Character of Macbeth in William Shakespeares Play Essay2231 Words   |  9 Pagesin William Shakespeares Play Macbeth Macbeth was most likely written in 1606, early in the reign of James I, who had been James VI of Scotland before he succeeded to the English throne in 1603. James was a patron of Shakespeare’s acting company, and of all the plays Shakespeare wrote under James’s reign, Macbeth most clearly reflects the playwright’s close relationship with the sovereign. In focusing on Macbeth, a figure from Scottish history, Shakespeare paid

Monday, December 23, 2019

Essay on King Oedipus Questions - 2208 Words

Scene 1 (Pages 25-39) 1. Oedipus characterizes himself by in line 7 of scene 1, Oedipus says, I Oedipus, a name that all men know.(known afar) This shows he has much pride for himself. He feels he is very important, and that no one is above him. He knows the people need his help, and he feels prideful that they would need him. The people view him as their saviour. They are relieved to have him there to help them, and they almost worship him for his help. But as for Oedipus his attitude towards the suppliants is good, he anticipates his subjects needs and is always one step ahead of them. 2. The conditions in Thebes the Priest describes is there city is in a tide of death from which there is no escaping. For example â€Å"Death in†¦show more content†¦This statement brings grief to the elders because they support and believe Oedipus. Creon defends himself against Oedipus’s accusation by Creon points out that he has an equal third (the other two thirds belonging to Oedipus and Oedipus wife) in governing Thebes, and yet he lets Oedipus rule entirely while he enjoys his life and all the pleasures of royalty. Therefore, he says, there is no reason for him to kill Oedipus to take the throne and he does not want to rule. Oedipus is free to judge him, Creon says, but not without some proof, as it is not right to think good men, without a reason, bad or bad men good.(Line 609) Creon believes that it takes time to judge for: time alone can make it clear a man is just while you can know a traitor in a day.(Line 613) Oedipus threaten to do is Oedipus says tha t if someone plots quickly, he must respond quickly or he will have missed his chance and the other person will have gotten what they wanted. Furthermore, he calls Creon a traitor and says he wants him dead. Oedipus promises not to harm the man that comes forward, or is known to have killed Laios. He is not interested in taking this mans life, only that he no longer lives in Thebes, so that the city can get better. He therefore promises only to exile Laios killer. 12. (Also 13) As Creon leaves, Oedipus wife, Jocasta, asks her husband to explain to her why he is so angry. Oedipus saysShow MoreRelated Comparing Oedipus Rex and King Lear Essay1478 Words   |  6 PagesComparing Oedipus Rex and King Lear   Ã‚   Oedipus Rex and King Lear are, as their titles announce, both about kings. These two plays are similar in theme and in the questions they pose to the audience. The kings in each play both fall from the pinnacle of power to become the most loathed of all classes in society; Oedipus discovers that he is a murderer and committer of incest, and Lear becomes a mad beggar. 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But as I m in favor of Oedipus, the protagonist of ancient Greek play â€Å"Oedipus Rex† by Sophocles. I think here in it, fate is more responsible for Oedipus’ end. Many questions were raised against Oedipus in class argument about his character flaws, running from the fate, killing his father, marryingRead MoreOedipus the King a Tragic Hero936 Words   |  4 PagesSophocles tragedy Oedipus the King, King Oedipus swears to solve the murder of former King Laios in order to free the city from the plague. The plague taunts the city destroying crops and livestock and making the women unable to bear children. A seer, Teirsias tells Oedipus that he himself is Thebes’s pollution for killing his father and marrying his mother. Oedipus ignores his words and is blind to the truth until he discovers that it is he who corrupts the city. In order to illustrate Oedipus as the perfectRead MoreEssay on Oedipus the King: Oedipus Struggle with Fate and Free Will771 Words   |  4 Pageswe do controlled or do we have the freedom of choice? In the story Oedipus the King by Sophocles, the author uses the idea of fate and free will to explain the struggle of Oedipuss life. Fate and free will is explained as; fate is controlled by an outside supernatural force, and there is no way of controlling it. Free will is when each of us is responsible and controls all aspects of our own life. 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Oedipus’ acknowledgement of the Gods’ superiority is evident in his fear of the prophecy coming true, indeed, he flees from Corinth for precisely this reason. But at the same time through Oedipus’ self-blinding (where he â€Å"alone† is responsible for his fate) there is a sense of wilful defiance in the face of the

Sunday, December 15, 2019

Meat Vending Business Plan Free Essays

EXECUTIVE SUMMARY Business Name:WENDORS Meat Vending Business Address:BISU Bilar Campus – Zamora, Bilar, Bohol Nature of Business:Meat Vending Form of Ownership:Sole Proprietorship Proponents: Wendell Doria VISION A high quality business that forefronts in providing excellent services to the customers and to be one of the top most well known producer of meat not just in our town but all over Bohol and the Philippines. MISSION To satisfy the customers needs and keeping the strong relationship with the customers as well as improving the services we offer. GOALS 1. We will write a custom essay sample on Meat Vending Business Plan or any similar topic only for you Order Now Maintain the good reputation of the business. 2. To meet the reasonable net profit by the end of the year. 3. To meet the highest satisfaction rate from the customers. 4. To offer the best quality meat. Business overview Meat offers valuable nutrients including protein, iron, zinc and b vitamins. (according to the American meat institute. ) Your body needs proteins to build healthy muscles, bones and skin as well as produce hormones and synthesize vitamins . Meat provides you with home-iron a type of iron that is easier for your body to absorb and not found in non meat sources like veggies and beans. Zinc helps your immune systems function properly while the B vitamins group helps regulate the immune systems an release energy. Pork is the edible flesh of domesticated hog or pig. It is the meat from the pig/swine/hog meant to be eaten fresh. Consumption of pork in moderate quantities is helpful in gaining energy. It is good for skin, eyes, nervous system, bones and mental performance. Intake of pork also ensures better immunity to body due to presence of essential antioxidants. The colours of the meat and the fat of pork are regarded as more appetizing, while the taste and smell are described as sweeter and cleaner. It is also considered easier to digest. In rural tradition, pork is shared to celebrate important occasion and to form bonding. Pork is a choice of protein that can satisfy both the gourmand and diet-conscious consumer. Pork has been a very popular source of food all through antiquity. Pork isn’t fatty meat – in fact, it’s one of the leanest meats available. Pork is also an important source of iron, zinc and protein. Pork is a food choice that is just as good for little ones as for adults and teenagers. Its high nutritional value contributes to kids’ higher need for proteins, minerals and vitamins throughout their growth, and reinforces their immune system. Following are some the significant nutritional facts with regard to pork: * Pork has a high mineral content of Phosphorus, Selenium, Sodium, Zinc, Potassium and Copper. * The two minerals which are present in good quantities are Iron and Magnesium, while Calcium and Manganese are found in traces only. * Pork is highly enriched with Vitamin B6, Vitamin B12, Thiamine, Niacin, Riboflavin and Panatothenic Acid. However, Vitamin A and Vitamin E are found in very small amounts. MARKETING ASPECT Market Situation Pork is in high demand especially in the school days since the target market are the restaurants, faculty and staff, students, canteen and household consumers in and out of the school campus. The restaurant owners are of high percentage of demand because the students prefer to buy viands in the restaurants and canteen in every meal than cooking for their own. And because of that, they are in need of pork for their additional menu as their source of income as well. Market Needs The project provides consumers quality pork and lechon that suit their daily intake. This aims to fulfil the benefits important to consumers. It will also provide quality, leaner and fresh pork as a staple food and delivers once a week to the target market that the venture would be a steady supplier Target Market The target market are those individuals who would like to eat meat. The possible customers are restaurant owners, canteen, faculties and staff, students, household customers who are willing to buy and pay at a reasonable price. Target Demand Figure 1. Target Demand Supply of Raw Materials The owner will purchase pig weighing 60-110 kgs for every slaughter from family backyard raisers and Carmen Public Market every week. To assure for a steady supply, the venture will find a steady supplier and purchase it three days before the operation. Supply of the Proposed Product The WENDORS vending business will supply once a week to the target market like restaurant and canteen, specifically every Tuesday for regular schedule. The venture also accepts orders.. Product Offering The proposed meat vending will sell pork and other parts. It will be deliver directly to the target market . The main target markets are the restaurant owners and canteen, faculty and staff. It will also offers by-products of pork such as the head, intestines, liver and feet. Marketing Strategy The venture applies some strategy in marketing the product. The most risky of putting up this kind of business is the collection of sales. The business cannot assure of 100% cash even though that the venture will make a policy that it should be in cash basis. So the venture will allocate an amount in case of the delay of payment. Venture will fairly entertain customers and practice a personalized service to its customers and try to believe on the aying customers are always right. . Marketing Mix The proposed business is comprised of the following approaches to product, price, place of distribution and promotion. Product. Pork and some parts of the pig such as the head, liver, intestines and feet are the main products to be offered to the potential target market. Pricing. It should have reasonable pri cing in order to develop market. The customers who paid in cash bases can avail discounts of 10% for the pork and other part. The customers who apply credit and instalment basis will be given 7 days to pay. The pricing will greatly depend on average market price. Place of Distribution. The product can reach to the customers through direct selling. The product will be delivered to the possible target market in the scope area. Promotion. The venture will use posters and stickers. It will also engage in canvassing to the target market for the next operation. SWOT Analysis Strengths * Presence of skilled workers * Right location * High demand * High quality meat * High level of personalized service Weaknesses * Limited current wholesale accounts. * No display area or permanent location. * The supply of meat is seasonal. * High percentage of debt or in credit term. Opportunities * Few competitors Possibilities of good profit * High demand Threats * Shortage of raw materials at a given time * Increasing economic status * unfavorable government law * Swine deceases Channel of Distribution Figure 2. Channel of Distribution (Direct Selling) Table 1. Pricing Strategy Pork| Cash Basis (P)| Credit Basis(P)| Head| 100. 00| P110. 00| Meat with bones| 170. 00| 180. 00| Liver| 170. 00| 180. 00| Intestines| 80. 00| 90. 00| Feet| 120. 00| 130. 00| Demand and Supply Analysis Monthly Demand| | June| July| Aug. | Sept. | Oct. | Nov. | Dec. | Jan. | Feb. | March| April| May| | n| 2| 2| 2| 2| 3| 3| 4| 3| 2| 2| 2| 2| | | 90| 90| 90| 90| 90| 90| 90| 90| 90| 90| 90| 90| | Q| 180| 180| 180| 180| 270| 270| 360| 270| 180| 180| 180| 180| | Note: the table represents the monthly demand for pork (averaging) where  Ã‚  n  Ã‚  Ã‚  =  Ã‚  Ã‚  number  of  pigs q  Ã‚  Ã‚  =  Ã‚  Ã‚  no. of kilos Q  Ã‚  Ã‚  =  Ã‚  Ã‚  represents  total  demand  for  your  product. Table 6 Projected Monthly Sales(P)| Months| sales| January| 36,396. 00| February| 24,264. 00| March| 24,264. 00| April| 24,264. 00| May| 24,264. 00| June| 24,264. 00| July| 24,264. 00| August| 24,264. 00| September| 24,264. 00| October| 36,396. 00| November| 36,396. 00| December| 48,528. 00| TOTAL| 351,828. 00| Note: the above table represents the monthly sales TECHNICAL ASPECT Operation Strategy Since the proprietor had no experience about slaughtering a pig he decided to hire an expert person in this field . The proponent had talk to Mr . Edie Mangayaay to help us in this matter. He is the one to slaughter the pig with the agreed salary of P5. 00/kg of live pig. It is not necessary to build our own slaughter house because it is quite expensive and time costly, we have agreed that the operation will be done in proponents house . The place is so appropriate for slaughter because of its abundant water supply and large area. The proponents will directly deliver the product to the target market once a week. . Production Process Buying . The venture will first purchase live pig as a raw material for operation. The purchaser will go to the suppliers every week and negotiate the price per kg. of live weight. Then it will be transported for slaughtering and roasting. Slaughtering. It will be done in the butcher’s house. Since, the proponents are not expert in this activity; the venture will hire an expert slaughterer. Packing. After slaughtering the pig, it will be chopped in any cuts as what the orders required. It will be packed in plastic cellophane after weighing. Distribution. The packed pork will be delivered and distributed to the target market according to their order and suggested cuts and part of pig. Figure 3. Production Process Table 2. Total Labor Requirement. Position| Number| Monthly Salary (P)| Total Annual Salary(P)| Manager/Cashier| 1| 500. 00| 6,000. 00| Distributor/Canvasser| 1| 400. 00| 4,800. 00| Purchaser/Collector| 1| 400. 00| 4,800. 00| Total| 4| P 2,500. 00| P15,600. 00| (note: operation is twice a week) Table 3. Fixed Investment and Depreciation Charges Equipment/tools| Qty. Price/unit (P)| Total (P)| Life Span| Depreciation cost (P)| Monthly depreciation| Weighing Scale| 1| 1,200. 00| 1,200. 00| 3| 400. 00| 33. 33| Styrofoam box| 2| 500. 00| 1,000. 00| 1| 1,000. 00| 83. 33| Good knife| 1| 450. 00| 450. 00| 1| 450. 00| 37. 50| TOTAL| | | P2,650. 00| | P1,850. 00| 154. 16| Table 4. Operation Schedule. Days| Time| Activities| Monday| 8:00 a. m. -10:00 a. m. | Slaughte ring of pig| Wednesday| 3:00 p. m. -5:00 p. m. | Roasting| Note: The table above is the regular schedule of the operation. Table 2. Cost of Operation. | Monthly (P)| Direct Material| 17,100. 00| Direct Labor| 900. 00| Transportation | 1,360. 00| Communication | 300. 00| Total cost of operation| P19,660. 00| Table 3. Administrative and Selling Expenses. | Monthly(P)| Depreciation of operating equipment| 154. 16| Supplies| 133. 00| Total selling and administrative expense| P 287. 16| Table 7. Supplies for the whole year Expense Description| Units| Unit Cost (P)| Total Cost (P)| Journal, Ledger, Record book| 4 packs| 35. 00| 105. 00| Calculator| 1 pc| 150| 150. 00| Ball pens| 15pcs| 5. 00| 75. 00| Pencils| 6 pieces| 6. 50| 39. 00| Bond Paper-Short| 1ream| 220. 00| 220. 00| Stapler| 1 pc| 72. 00| 72. 00| Staple Wire| 5 boxes| 12. 0| 60. 00| Liquid Eraser| 3 pieces| 40. 00| 120. 00| Plastic Cellophane| 25 packs| 30| 750. 00| Total| | | P1,591. 00| Note: The above office supplies are to be used for one year. Communication (Cellular Phone) This is necessary to maintain good connection with the customers and the proprietor itself so that there will be a good relationship between them. It is one of the bes t asset of the venture in enhancing their customer service and personalized relationship with the customer because this will help a lot in achieving their goals and aside from that it will help a lot in communicating each employees. This would help customers and the owners in the distribution of the products. The venture will used Talk N’ Text Network with an estimated monthly bill of P300. 00 load. Transportation The business earnings depend on the distribution and selling of the finish products. To reach the customer’s location or selling areas, the cost of transportation will be allocated. Good channel in the transportation of the products lies the business growth. It’s only delivering once a week and purchase raw material once a week. Table 8. Transportation Expense Transportation Expense| Rate per kg. nd head (P)| Kgs and no. of person| Weekly Expense (P)| Monthly Expense (P)| Pork:Freight of the Purchased Pig for slaughter| 1. 00| 90 kgs| 90. 00| 180. 00| Transportation of the Purchaser| 150. 00| 1| 150. 00| 300. 00| Distributors/Collectors Transportation| 100. 00| 1| 100. 00| 200. 00| TOTAL| | | P340. 00| P680. 00| Table 9. Projected Monthly Sales of Pork Sales of a 70 kgs. of pig| Pork| Percentage| Weight, kg. | Price/kilo (P)| Weekly Sales(P)| Monthly Sales(P)| Meat w/ bones| 65%| 45. 5| P170. 00| P7,735. 00| P30,940. 00| Head| 8%| 5. 6| 100. 00| 560. 00| 2,240. 00| Liver| 3%| 2. | 170. 00| 357. 00| 1,428. 00| Intestine| 5%| 3. 5| 80. 00| 280. 00| 1,120. 00| Feet| 6%| 4. 2| 120. 00| 504. 00| 2,016. 00| TOTAL| 87%| 60. 9| | P9,436. 00| P37,744. 00| Sales of a 100 kgs. of Pig| pork| Percentage| Weight kgs. | Price/kilo(P)| Weekly sales(P)| Head| 8%| 8| 100. 00| 800. 00| Meat /bones| 65%| 65| 170. 00| 11,105. 00| Liver| 3%| 3| 170. 00| 510. 00| Intestine| 5%| 5| 80. 00| 400. 00| Feet| 6%| 6| 120. 00| 720. 00| TOTAL| 87%| 87 kg. | | 13,535. 00| Sales of a 80 kilos of pig| Pork| %| Weight kg| Price per kilo(P)| Weekly sales(P)| Head| 8 %| 6. 4| 100. 00| 640. 00| Meat/bones| 65%| 52| 170. 00| 8,840. 00| Liver| 3%| 2. 4| 170. 00| 408. 00| Intestine| 5%| 4| 80. 00| 320. 00| Feet| 6%| 4. 8| 120. 00| 576. 00| Total| 87%| 71. 2 kg. | | 10,784. 00| | | Sales of a 90 kilos of pig| Pork| %| Weight kg| Price per kilo(P)| Weekly sales(P)| Head| 8%| 7. 2| 100. 00| 720. 00| Meat/bones| 65%| 58. 5| 170. 00| 9945. 00| Liver| 3%| 2. 7| 170. 00| 459. 00| Intestine| 5%| 4. 5| 80. 00| 360. 00| Feet| 6%| 5. 4| 120. 00| 648. 00| Total| 87%| 78. 3kg. | | 12,132. 00| | | Purchases Months| Purchases| January| 25,650. 00| February| 17,100. 00| March| 17,100. 00| April| 17,100. 0| May| 17,100. 00| June| 17,100. 00| July| 17,100. 00| August| 17,100. 00| September| 17,100. 00| October| 25,650. 00| November| 25,650. 00| December| 34,200. 00| TOTAL| 247,950. 00| | | Note: the following are the purchases of live pig every month @P95 per kilo. | | Proportion of a Live Hog Not all of the pig is edible pork. On average, about 87% of a hog make it from the pen to the pan. A 7 0-kg hog will yield approximately 60. 9 kgs of retail cuts. Around 13% of a hog’s live weight is inedible product removed during the slaughter and dressing procedure bringing our 70 kgs. live hog to 60. kgs. dressed. The other internal organs, hair, blood, and other inedible products account for most of this loss. Once the carcass is sanitarily dressed, it is hung on a rail and placed into a cooler where it is quickly chilled after cutting. ORGANIZATIONAL ASPECT Legal Form The proposed business will be in a sole proprietorship form. It is a business in which the owner is also the employees at the same time. And because of multi task the proprietor hires an part – time employee. The duties is divided according to their expertise/stability and have equal input to major decisions. The venture is owned by Wendell B. Doria. Organizational Structure Figure 4. Organizational Structure Responsibility Matrix Position| Qualifications| Responsibilities| Owner | | * Formulate short term and long term plans, * develops strategies to guide employees towards attaining goals and objectives, *makes major decisions concerning the operations, *implement policies assigns tasks to be accomplished by employees * the owner is the same time the cashier and bookkeeper| Distributor-| * hardworking and industrious| * deliver the products to the target market| Canvasser/Purchaser – . * hardworking, * know to negotiate other people, * physically fit| * canvass orders for the next operation and * purchase raw material| Collector-. | * industrious *hardworking * know basic Mathematics| * collect receivables| Butcher/Labor- Mr. Edie Mangayaay| * physically fit, *hardworking, expert on slaughtering and roasting, * has experience on the said activities| * slaughter the pig * roast th e pig, * cut the pork and roasted pig | Table 14. Project Timetable Activities| Days| 1| 2| 3| 4| 5| 6| 7| 8| 9| 10| 11| 12| 13| 14| Preparing Business Plan| | | | | | | | | | | | | | | Acquiring funds| | | | | | | | | | | | | | | Securing Business permit| | | | | | | | | | | | | | | Purchasing of equipment and supplies| | | | | | | | | | | | | | | Purchasing of raw material| | | | | | | | | | | | | | | Start of operation| | | | | | | | | | | | | | | Government and Legal Requirements The following are the fees to the government for the permits ; clearances: Table 15. Licenses and Permit Type of business license/permit/registration| Fees (P)| Mayor’s Permit| 800. 00| Police Clearance| 100. 0| Barangay Clearance| 100. 00| TOTAL| P 1,000. 00| FINANCIAL ASPECT Financial assumptions: 1. Revenue: all revenue are derived from the sale of meat 2. Cost of raw material, supplies ; salaries remains constant throughout the period. 3. Labor ; Transportation expense will depend on the numb er of kilos slaughtered 4. The business assumes cash basis but also accept credit within a limited period. Project Cost I. Pre-Operating Expense Business Plan Preparation1,000. 00 Business Permit and Licenses1,000. 00 Total Pre-Operating Cost 2,000. 00 II. Fixed Assets Requirement Tools and Equipment 2,650. 00 Total Fixed Assets Requirement 2,650. 00 III. Working Capital Requirement-1 month operation Transportation 680. 00 Communication 300. 00 Supplies Expense 133. 00 Salary Expense 2,500. 00 Purchasing of Pigs: 90 kgs. X 2 Live weight @95 kgs. 17,100. 00 Labor Expense 900. 00 Total Working Capital 21,613. 00 TOTAL PROJECT COST P 26,263. 00 Income Statement ?| June | July | Aug. | Sept. | Oct. | Nov. | Dec. Jan. | Feb. | Mar. | April | May | TOTAL| Sales | 24,264. 00| 24,264. 00| 24,264. 00| 24,264. 00| 36,396. 00| 36,396. 00| 48,528. 00| 36,396. 00| 24,264. 00| 24,264. 00| 24,264. 00| 24,264. 00| 351,828. 00 | Less cost of goods sold | 17,100. 00| 17,100. 00| 17,100. 00| 17,100. 00| 25,650. 00| 25,650. 00| 34,200. 00| 25,650. 00| 17,100. 00| 17,100. 00| 17,100. 00| 17,100. 00| 247,950. 00 | Gross Profit | 7,164. 00| 7,164. 00| 7,164. 00| 7,164. 00| 10,746. 00| 10,746. 00| 14,328. 00| 10,746. 00| 7,164. 00| 7,164. 00| 7,164. 00| 7,164. 00| 103,878. 00| Less Expenses| ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | 0. 0 | Sell ; Admin Exp. | 4,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 2,633. 00| 33,596. 00 | communi| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| 300. 00| ? | Depreciation| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| 154. 16| ? | Transpo expense| 680. 00| 680. 00| 680. 00| 680. 00| 1,020. 00| 1,020. 00| 1,360. 00| 1,020. 00| 680. 00| 680. 00| 680. 00| 680. 00| 9,860. 00 | Labor Expense| 900. 00| 900. 00| 900. 00| 900. 00| 1,350. 0| 1,350. 00| 1,800. 00| 1,350. 00| 900. 00| 900. 00| 900. 00| 900. 00| 13,050. 00 | Total Expenses| 6,667. 16| 4,667. 16| 4,667. 16| 4,667. 16| 5,457. 16| 5,457. 16| 6,247. 16| 5,457. 16| 4,667. 16| 4,667. 16| 4,667. 16| 4,667. 16| 61,955. 92 | Net Profit | 496. 84 | 2,496. 84 | 2,496. 84 | 2,496. 84 | 5,288. 84 | 5,288. 84 | 8,080. 84 | 5,288. 84 | 2,496. 84 | 2,496. 84 | 2,496. 84 | 2,496. 84 | 41,922. 08 | Note: The table shows the monthly net income Cash Flow ?| Pre – Op | June | Jul | Aug | Sep | Oct | Nov | Dec | Jan | Feb | Mar | Apr | May | CASH INFLOW | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? Owners Equity | 26,263. 00 | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | Cash Sales | ? | 24,264. 00| 24,264. 00| 24,264. 00| 24,264. 00| 36,396. 00| 36,396. 00| 48,528. 00| 36,396. 00| 24,264. 00| 24,264. 00| 24,264. 00| 24,264. 00| Total cash Inflows | 26,263. 00 | 24,264. 00 | 24,264. 00 | 24,264. 00 | 24,264. 00 | 36,396. 00 | 36,396. 00 | 48,528. 00 | 36,396. 00 | 24,264. 00 | 24,264. 00 | 24,264. 00 | 24,264. 00 | CASH OUTFLOW | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | Pre Op. | 2,000. 00 | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? Fixed Asset | 2,650. 00 | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | Purchase | ? | 17,100. 00| 17,100. 00| 17,100. 00| 17,100. 00| 25,650. 00| 25,650. 00| 34,200. 00| 25,650. 00| 17,100. 00| 17,100. 00| 17,100. 00| 17,100. 00| Labor exp. | ? | 900. 00| 900. 00| 900. 00| 900. 00| 1,350. 00| 1,350. 00| 1,800. 00| 1,350. 00| 900. 00| 900. 00| 900. 00| 900. 00| Selling and admin | ? | 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| 2,933. 00| Transpo | ? | 680. 00| 680. 00| 680. 00| 680. 00| 1,020. 00| 1,020. 00| 1,360. 00| 1,020. 00| 680. 00| 680. 0| 680. 00| 680. 00| Total Cash outflow | 4,650. 00 | 21,613. 00 | 21,613. 00 | 21,613. 00 | 21,613. 00 | 30,953. 00 | 30,953. 00 | 40,293. 00 | 30,953. 00 | 21,613. 00 | 21,613. 00 | 21,613. 00 | 21,613. 00 | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | Net Flow cash | 21,613. 00 | 2,651. 00 | 2,651. 00 | 2,651. 00 | 2,651. 00 | 5,443. 00 | 5,443. 00 | 8,235. 00 | 5,443. 00 | 2,651. 00 | 2,651. 00 | 2,651. 00 | 2,651. 00 | Add. Beg. balance | – | 21,613. 0 | 24,264. 0 0 | 26,915. 00 | 29,566. 00 | 32,217. 00 | 37,660. 00 | 43,103. 00 | 51,338. 00 | 56,781. 00 | 59,432. 00 | 62,083. 00 | 64,734. 00 | Ending cash balance | 21,613. 00 | 24,264. 00 | 26,915. 00 | 29,566. 00 | 32,217. 00 | 37,660. 00 | 43,103. 00 | 51,338. 00 | 56,781. 00 | 59,432. 00 | 62,083. 00 | 64,734. 00 | 67,385. 00 | BALANCE SHEET ?| Pre-op. | June | July | Aug. | Sept. | Oct. | Nov. | Dec. | Jan. | Feb. | Mar. | April | May | Cash | 21,613. 00 | 24,264. 00 | 26,915. 0 | 29,566. 00 | 32,217. 00 | 37,660. 00 | 43,103. 00 | 51,338. 00 | 56,781. 00 | 59,432. 00 | 62,083. 00 | 64,734. 00 | 67,385. 00 | Fixed Asset | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | 2,650. 00 | Depreciation | ? | (154. 16)| (308. 32)| (462. 48)| (616. 64)| (770. 80)| (924. 96)| (1,079. 12)| (1,233. 8)| (1,387. 44)| (1,541. 60)| (1,695. 76)| (1,849. 92)| Total current assets | 24,263. 00 | 26,759. 84 | 29,2 56. 68 | 31,753. 52 | 34,250. 36 | 39,539. 20 | 44,828. 04 | 52,908. 88 | 58,197. 72 | 60,694. 56 | 63,191. 40 | 65,688. 24 | 68,185. 08 | Pre operating exp. | 2,000. 00 | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | Total assets | 26,263. 00 | 26,759. 84 | 29,256. 68 | 31,753. 52 | 34,250. 36 | 39,539. 20 | 44,828. 04 | 52,908. 88 | 58,197. 72 | 60,694. 56 | 63,191. 0 | 65,688. 24 | 68,185. 08 | Liabilities and owners equity | ? | ? | ? | . | ? | ? | ? | ? | ? | ? | ? | ? | ? | Total Liabilities | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | Owners Equity | 26,263. 00 | 26,263. 00 | 26,759. 84 | 29,256. 68 | 31,753. 52 | 34,250. 36 | 39,539. 20 | 44,828. 04 | 52,908. 88 | 58,197. 72 | 60,694. 56 | 63,191. 40 | 65,688. 24 | Income | ? | 496. 84 | 2,496. 84 | 2,496. 84 | 2,496. 84 | 5,288. 84 | 5,288. 84 | 8,080. 84 | 5,288. 4 | 2,496. 84 | 2,496. 84 | 2,496. 84 | 2,496. 84 | TOTAL LIABILITY AND CAPITAL | 26,263. 00 | 26,759. 84 | 29,256. 68 | 31,753. 52 | 34,250. 36 | 39,5 39. 20 | 44,828. 04 | 52,908. 88 | 58,197. 72 | 60,694. 56 | 63,191. 40 | 65,688. 24 | 68,185. 08 | RETURN ON INVESTMENT ROI = NET INCOME/TOTAL INVESTMENT x 100 =41,922. 08/26,263. 00 =1. 665 x 100 =160% PAYBACK PERIOD PP = Total Investment /Annual ave. Income =26,263. 00/41,922. 08 =0. 63 years Break Even Analysis=F/CMuF / CMr =3,337. 16 / 33. 803,337. 16 / =98. 73klsPhp. 13,295. 46 How to cite Meat Vending Business Plan, Essay examples

Saturday, December 7, 2019

Frees on Alls Quiet on the Western Front Essay Example For Students

Frees on Alls Quiet on the Western Front Essay All Quiet on the Western Front EssaysAlls Quiet on the Western Front Lewis Milestones Alls Quiet on the Western Front, based on Erich Remarques novel, is an incredibly disturbing and effective anti-war film. The grainy black and white film is still not outdated and carries a breathtaking initial impact. The prologue that introduces the film gives its anti-war intentions immediately and beautifully. This story is neither an accusation nor a confession, and least of all an adventure, for death is not an adventure to those who stand face to face with it. It will try simply to tell of a generation of men who, even though they may have escaped its shells, were destroyed by the war Alls Quiet on the Western Front includes a series of vignettes and scenes that portray the senselessness and futility of war from the point of view of young German soldiers in the trenches in the Great War who found no glory on the battlefield, meeting only death and disillusionment. The film brilliantly portrays the war with no enemys, just people and relationships. It is the story of friends, Paul Baumer (Lew Ayres) and his friends joining the war through propaganda, and leaving through death. The most unforgettable scene is the final moments of the film, just before the all quiet on the western front armistice and with all of his comrades gone, soldiers are bailing water out of a dilapidated trench. The faint sound of a harmonica can be heard. Paul is sitting alone, daydreaming inside the trench on a seemingly peaceful, bright day. He is exhausted by terror and boredom. Through the gunhole of his trench, he sees a beautiful lone butterfly that has landed just beyond his reach next to a discarded tin can outside the parapet. He begins to carefully reach out over the protection of his bunker with his hand to grasp it, momentarily forgetting the danger that is ever-present. As he stretches his hand out yearning for its beauty, a distant French sniper prepares to take careful aim through a scope on a rifle. As he leans out closer to the butterfly and extends his hand, suddenly the sharp whining sound of a shot is heard. Pauls hand jerks back, twitches for a moment and then goes limp in death. All is silent and quiet. The harmonicas tune stops. Alls Quiet on the Western Front is an excellent anti-war film. There were no enemies in this film, there were just people. By filming from the perspective of a German, Milestone effectively illustrated the humane side of war, and the horrors it does to human beings, whichever front they are on.

Friday, November 29, 2019

American Foreign Policy During the Cold War Essays - Free Essays

American Foreign Policy During the Cold War Essays - Free Essays American Foreign Policy During the Cold War Assess the impact of American foreign policy in bringing about the Cold War. Assess the impact of American foreign policy in bringing about the Cold War. The Cold War, distinct for its sustained military and political tensions, dominated global politics for over half a century; therefore, it is not surprising that its origins has been one of the most debated topics in not only the study of American diplomatic history but the world. The Cold War was more as a result of American foreign policy, as by establishing a policy that aimed to prevent the spread of communism it provoked Soviet aggression which as a result set the foundations of intensified tension among two of the world greatest superpowers. In this respect American foreign policy undeniably impacted on the Cold War; a view supported by historians such as William A.Williams. Alternatively, other historians have also increasingly come to a consensus that the Cold War was fundamentally a conflict of diverging ideologies as expressed by John Lewis Gaddis neither superpower can be held solely responsible for the ideological war. That said other factors such as the growing lack of t rust and post-war tension among both superpowers, emphasised in the post-revisionist theory, and the Soviet expansionist policies were also influential in bringing about the Cold War. Nonetheless the importance of American foreign policy in bringing about the Cold War cannot be undermined, as due to its fundamental shift from a long standing effort to reach agreements to a determination to limit Russias expansionism, it increased American involvement and as a result escalated tensions among both superpowers. In a letter from the then Secretary of Commerce, Henry A.Wallace urged Truman to build mutual trust and confidence in order to achieve an enduring international order. He also gave a speech which focused on the necessity of a political understanding with Russia, and that capitalist and communist systems should compete on a friendly basis and gradually become more alike. However the way in which Trumans administration reacted to Wallaces speech by dismissing him, symbolises the distance American foreign policy had moved since the close of World War II. This shift in dynamics of American foreign policy is marked by the use of policies such as the Marshall Plan but in particular the Truman Doctrine, which not only acted as an intrusive intervention into European affairs but also an indirect attack on the Soviet Union. Trumans motives could be numerous, as in addressing the Congress he may have exaggerated Soviet threat, in order to secure the funds. Nonetheless it did in fact have the desired effect as Truman managed to convince both the Congress and the American people, which were isolationist and averse to spending U.S. dollars on a remote region that did not seem to fit into U.S. strategic need. Therefore whilst Truman promised salvation to the world he intentionally took it upon the policy of the United States to support free peoples who are resisting attempted subjugation by armed minorities or outside pressures. That said, the official justification for the Truman Doctrine was to support Greece and Turkey with economic and military aid to prevent their falling into the Soviet sphere. However Stalin was not interested in aiding Greek communist cause as whilst Yugoslavia, Bulgaria, and Albania provided assistance to the Greek communist guerrillas Stalin wanted, in fact, to cap Titos ambitions. This shows how the belief of a Soviet threat that shaped the Truman Doctrine was based on false assumptions. Moreover the fact that the Soviet Union had been less aggressive in the months before the presidents announcement than any time in the post-war period strengthens the contradictory nature of the Truman doctrine. Consequently the impact of the Truman Doctrine exemplifies the significance of American foreign policy in bringing about the Cold War and also leading to a growth of U.S involvement in international relations, since the Doctrine was later used to justify American intervention in the affairs of other sovereign states. In a wider context the Doctrine symbolises the United States post-world war II global leadership role, as the drastic change in strategies translated into Americas foreign policy deepened tensio ns that ultimately brought about the Cold War. Conversely, the Soviet Union

Monday, November 25, 2019

The Worst Polluted Places on Earth

The Worst Polluted Places on Earth More than 10 million people in eight different countries are at serious risk for cancer, respiratory diseases, and premature death because they live in the 10 most polluted places on Earth, according to a report by the Blacksmith Institute, a nonprofit organization that works to identify and solve specific environmental problems worldwide. Top 10 Worst Polluted Places Chernobyl in Ukraine, site of the world’s worst nuclear accident to date, is the best-known place on the list. The other places are unknown to most people and located far from major cities and populations centers, yet 10 million people either suffer or risk serious health effects because of environmental problems ranging from lead contamination to radiation. â€Å"Living in a town with serious pollution is like living under a death sentence,† the report says. â€Å"If the damage does not come from immediate poisoning, then cancers, lung infections, developmental delays, are likely outcomes.† â€Å"There are some towns where life expectancy approaches medieval rates, where birth defects are the norm, not the exception,† the report continues. â€Å"In other places, childrens asthma rates are measured above 90 percent, or mental retardation is endemic. In these places, life expectancy may be half that of the richest nations. The great suffering of these communities compounds the tragedy of so few years on earth. The Worst Polluted Sites Serve as Examples of Widespread Problems Russia leads the list of eight nations, with three of the 10 worst polluted sites. Other sites were chosen because they are examples of problems found in many places around the world. For example, Haina, Dominican Republic has severe lead contamination - a problem that is common in many poor countries. Linfen, China is just one of several Chinese cities choking on industrial air pollution. And Ranipet, India is a nasty example of serious groundwater pollution by heavy metals. The Top 10 Worst Polluted Places The Top 10 worst polluted places in the world are: Chernobyl, UkraineDzerzhinsk, RussiaHaina, Dominican RepublicKabwe, ZambiaLa Oroya, PeruLinfen, ChinaMaiuu Suu, KyrgyzstanNorilsk, RussiaRanipet, IndiaRudnaya Pristan/Dalnegorsk, Russia Choosing the Top 10 Worst Polluted Places The Top 10 worst polluted places were chosen by the Blacksmith Institute’s Technical Advisory Board from a list of 35 polluted places that had been narrowed from 300 polluted places identified by the Institute or nominated by people worldwide. The Technical Advisory Board includes experts from Johns Hopkins, Hunter College, Harvard University, IIT India, the University of Idaho, Mount Sinai Hospital, and leaders of major international environmental remediation companies. Solving Global Pollution Problems According to the report, â€Å"there are potential remedies for these sites. Problems like this have been solved over the years in the developed world, and we have the capacity and the technology to spread our experience to our afflicted neighbors.† â€Å"The most important thing is to achieve some practical progress in dealing with these polluted places,† says Dave Hanrahan, chief of global operations for the Blacksmith Institute. â€Å"There is a lot of good work being done in understanding the problems and in identifying possible approaches. Our goal is to instill a sense of urgency about tackling these priority sites.† Edited by Frederic Beaudry

Friday, November 22, 2019

Literacy and numeracy demands in lesson plans Assignment

Literacy and numeracy demands in lesson plans - Assignment Example The following are the learning outcome for numeracy demands †¢ Be able to measure distances on the map using the scale provided †¢ Student should be able to locate places of interest using the map direction and scale †¢ Students should be able to read the compass direction of a place and pinpoint some of the resources found in Victoria †¢ Students should be able to locate various human environments, spread of settlement, population, towns and cities and land use in Australia. †¢ Students should be able to know why environments change †¢ The students will be able to identity a grid and read its location Literacy learning outcomes Literacy skills help the learner understand the aspects of language and how to employ these aspects in managing school work and social life. Literacy skills are developed through writing, speaking, listening, viewing and reading. Literacy shapes the way students view themselves in relation to their environment. †¢ Students should be able to find information on the maps and share it †¢ Students should be able to describe the accurate location of places on the map †¢ Student should be able and become familiar to tourist maps †¢ Students should be able to answer the question asked in the text book and share and check the response with the others †¢ Should be able to present their conduct group discussion and share the knowledge in class Justification of the numeracy demand... Teaching numeracy skills among ESL and SOSE learners will socialize them towards believing that numeracy skills are important and can be imbedded in their school and social life (Kemp & Hogan, 1999). Numeracy skills is not all about solving mathematical problem but being in a position to effectively sue them as required in normal life instances. According to Fin (1991), the interest of understanding how the school curriculum of the Post-compulsory Education and Training affected Australia’s economy began in the 1990’s. To investigate into the matter a commission was formed by the government to articulate the links among the sectors of schooling, training work and higher education. The results of the review indicated that numeracy cuts across all disciplines and that that it is relevant to the Australian economy in diverse ways. To be able to perform well in their overall aggregate mark, students need to have high level of numeracy skills. Numeracy is used in class in le arning other subjects such as physical education, geography, English among others. If a students skills in numeracy are not proficient the chances of performing well in other disciplines is relatively low (Barin, 1990). The student’s numeracy skills are essential in helping them figure out different places on the map. In this case, most of the S1 learners among the foreigners are not conversant with the directions and places around Australia. To help them familiarize with the new environment, the use of compass direction plays a central role. Learning how to find out direction through the use of a compass makes their life in a foreign land safe and easier. Lack of this skill may slower down the rate settling in Australia thus affecting all other social interactions. This skills also comes in

Wednesday, November 20, 2019

Thinkers Assignment Example | Topics and Well Written Essays - 750 words

Thinkers - Assignment Example Marx is considered to be is one of the founders of the International Working Men’s Association. The philosophy of George Friedrich Hegel is one of his most important intellectual influences and Karl Marx remains incomplete without the study of Hegel. He died at London, United Kingdom on March 14, 1883 (Engels, 1869). Karl Marx identified and shed light on the ills of capitalism and explained how it could be challenged. People of the world took his ideas as a guide towards changing the system of the world despite the regular efforts by the supporters of Capitalism to bury his ideas. He, along with Frederick Engels, identified the inevitable fault of a capitalist society that is class struggle; therefore, his dialectic holds Communism as the perfect and final form of the State that makes possible the appropriate use of human abilities. He believed that in the end socialism will replace capitalism and this world will be a classless society ensuring the rise of working class. Abov e all, Marx was a revolutionist whose main aim was to put an end to capitalism and contribute towards the liberation of the modern proletariat. As far as the influence of Marx’s ideas and beliefs on the world, as a whole, is concerned, most of the Americans have already accepted his main ideas unconsciously and uncritically despite the otherwise claims of the anti-Marxists. American and western businessmen who claim to be against the whole concept of communism are frequently found to be the ones who are convinced of the truthfulness of Marx’s ideas. They seem to have very little or no ideological defense against his Communist ideas when they encounter them under another name or are introduced to them without being labeled. Marx’s ideas have seemed to open the minds of American to their own propaganda. However, on the other hand, to label the ideas brewing in their minds as Marx’s might lighten some of their effective and successful talking points. At the same time, they are under the influence that depression cannot be solved by capitalism. He is one of the influential people whose ideas have such a strong impact even on those who think they abhor Marx and his beliefs. These ideas have an injurious influence on capitalist economy, clear political thinking and democratic action. The more politically radical European intellectuals have been influenced greatly by the ideologies of communism as well as socialism. Apart from economics and politics, he has a great influence on the way people think about culture despite the fact that he is not a pure cultural theorist (Rose, 1951). Marx’s hostility towards Europe, sometimes, resulted in strange extremes. For instance, he criticized the opposition to the Crimean war by calling the British Prime minister, Lord Palmerstone, a traitor and a paid agent of Russia. In the same way, Marx’s hatred for the Prussian monarchy can be observed his struggle with his Russian competitor Mikha il Bakunin for control of the International Working Men’s Association (Sperber, 2013). It is beyond doubt that Marx’s ideas about the commodity nature of Capitalist production plays an important role in describing the exploitation of working class under the system of profit. For Marx, class struggle was the major fault line of the Capitalist society which, indeed, is true even in the modern world for this

Monday, November 18, 2019

Human trafficking in Turkey Term Paper Example | Topics and Well Written Essays - 3750 words

Human trafficking in Turkey - Term Paper Example They are usually brought by force or allure to the land of opportunities, that is, USA, European nations and Canada. In current times, human trafficking is considered to be an organizational and administrative concern. It has become precedence for those working in many other strategic areas such as human rights, health, gender, law enforcement, and community services. The organization formed by European Union conference on â€Å"Preventing and Combating Trafficking in Human Beings,† held in Brussels from 18-20 September 2002, is an instance of the increasing political concern for combating human trafficking (BRUSSELS DECLARATION ON PREVENTING AND COMBATINGTRAFFICKING IN HUMAN BEINGS, n.d.). Over the recent past, Turkey has been witnessing a significant problem of human trafficking, which in fact is an international concern. This issue is related with irregular ad illegal migration. The neighboring regions of Turkey have been affected by political turmoil and conflicts due to w hich the people have been flooding in Turkey from these lands to ensure a better living, protection from harassment and safety. Instances of civil wars and conflicts taking place in the Middle East, Balkan and Caucasus lands have urged such mobility. The nation has therefore become a final dumping ground of trafficked women and children for sexual exploitation and workforce. ... The first section focuses on the context of the problem providing some statistical evidence on the incidence of trafficking along with cases and evidence involving women and children. In a nutshell this section provides an impression of the persistent problem in the nation with an insight into the severity of the issue. This part will logically analyze why human trafficking has become a problem for the society, especially in Turkey. The second part brings out what policies and measures have already been adopted by Turkey and an assessment of the existing policies with respect to their ability to address the problem. This reveals the actions undertaken by the NGO’s. It covers the scope of the issue both within and outside the Criminal Justice System. The section will also highlight the actions being adopted in the international scenario towards resolving the problem. The third section will discuss what the nation of Turkey and the other countries across the world are doing in o rder to combat the problem. This reveals some policies undertaken at micro level and in the operational departments. This section highlights the policies with respect to employment, economy, education and best practices of other nations, which could be applicable in Turkey to resolve the problem of human trafficking. The section also projects some recommendations to suggest Turkey’s next best steps those can be adopted for a better future with respect to the problem of human trafficking. Social Relevance and severity of the problem Turkey connects Asia and Europe and hence plays as a transit and also a target for human trafficking victims. The cities of Istanbul, Izmir and Trabzon are the most popular destinations for victims of

Saturday, November 16, 2019

Development of Electronic Data Flows

Development of Electronic Data Flows 1. Introduction The current development on the flow of electronic data, especially those relating to personal data across nations is increasing daily. Most of the flows are related to business activities whereas services are provided to fulfill the needs of people. It also leads to the transformation of commerce, which becomes worldwide and increasingly international. The transfer of huge quantities of data, relating to customers and employees, are required and often occurred among entities that located in different countries. An example would be the system of outsourcing, a practice in which companies and governments hire an external service provider in another country to deliver a program or provide a service, such as managing database of human resources or customers. This can often result in improved efficiencies and levels of services. Further, the advancement of global networks, such as the internet, provides the possibilities to collect, process, and distribute personal data on an unprecedente d scale. However, the trans-border flow of personal data is not only performed by companies or governments but also conducted by individuals in everyday life as well. When the data is used by companies or government, this can represent a high volume of data, such as in the form of the transfer of databases. There will be a quite different volume of data when it is provided by individuals when they disclose their personal data while participating in particular activities, such as browsing the internet or registering on various websites to obtain certain services. Additionally, there is a strong possibility for individuals, who are engaging in data transfer activities to lack of full awareness concerning what could be done to their personal data. In some instances, they do not realize that they have disclosed their personal data and it is subject to transmission and processing within countries not offering the same level of protection as their own country. For example, a student physically located in the Netherlands may complete an online game registration form, containing several spaces soliciting his/her identities, not knowing that the actual service provider is registered in India. Another example, a social worker residing within the United Kingdom might disclose his/her personal data on a web application for an internet banking service provided by a bank based in the United States. From the short description above, the trans-border flow of personal data exists in everyday life on a daily basis and it becomes a vital need of every stakeholder, whether governments or private sectors, including individuals. Nevertheless, while the flow has led to greater efficiencies and economic benefits, on the other hand this kind of flow has also raised concerns that some information could end up in the hands of people for whom it was not intended. Worse even is the situation when no one has realized the flow has taken place, spawning a great opportunity for infringement upon ones privacy rights. Some rules concerning privacy and data protection have been set up at national, regional, and international levels to guarantee privacy as one of the human rights is not harmed by any activity, including data processing as the final purpose of trans-border flow. Consequently, the trans-border flow of personal data has to be conducted in a lawful manner. In this respect, a legal framework on trans-border flow of personal data has been enacted in Europe by the European Commission (EC) under two directives. The first one is Directive 95/46/EC concerning the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data. This Directive has been further equipped by the second directive, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). In relation to the research objective of this thesis, Directive 95/46/EC is the most relevant and therefore, Directive 2002/58/EC will be referred to when necessary. It should be noted that whenever a term the Directive is being used in this thesis, the term shall refer to Directive 95/46/EC. Under the Directive, a main rule concerning the trans-border flow of personal data has been set up. These include the obligation of data controller to use personal data for specified, explicit, and legitimate purposes, to collect only relevant and necessary data, to guarantee the security of the data against accidental or unauthorized access or manipulation, and in specific cases to notify the competent independent supervisory body before carrying out all or certain types of data processing operations. On the other hand, there is a series of rights for individuals as data subject, such as the right to receive certain information whenever data is collected, to access and correct the data, and to object to certain types of data processing. Nevertheless, all of the practice of these rights and obligations present a significant problem when the trans-border flow of personal data takes place from the European Union/European Economic Area (the EU/EEA) Member States to countries outside the EU/EEA, for the reason that the Directive requires an adequate level of protection in the destination countries. The transfer of personal data to a third country is prohibited when the third country does not have an adequate level of protection to ensure that the processing of personal data will not cause any violation to the rights of data subjects. The binding power of the Directive to the EU/EEA Member States requires each of the Member States to embed the provisions in the Directive into their national legal system. Thus, there is a free zone where trans-border flow of personal data can take place freely among the Member States because they provide the adequate level of protection. Any approval, adequate safeguard, or additional requirement is not necessary to any further extent. As far as public international law is concerned, by applying the extra-territoriality principle, the requirement of the adequacy is automatically fulfilled at the official representatives of the EU/EEA Member States in the third country, such as the Embassy or Consulate General because of the extended jurisdiction of the Member States. However, this principle is not extended to private sectors, since subsidiary offices of multinational companies, still have to abide to the national law in the third country although the base of operations of the company is located in the EU/EEA Member States. In this case, the adequate level of protection is still required even though the transfer is conducted internally among the subsidiaries of the company located in third countries. Currently, the EC has conducted some adequacy findings and has compiled a white list of countries providing an adequate level of protection. This approval means the trans-border flow of personal data can take place as in the free zone between the EU/EEA Member States. However, to date, the white list covers a limited list of countries, seven to be exact. This list might not prove too sufficient from the point of view of multinational companies in accommodating their interest, as it does not include many countries of growing commercial interest. From this point of view, there is a need to harmonize various privacy and data protection regulations in many countries through the establishment of an internationally congruent legal framework for privacy and data protection. Unfortunately, it will take some effort and time for the establishment, while a fast solution is needed. By considering the Directive thus far the strictest legal framework compared with other existing legal framework on privacy and data protection, obviously, there is a need for countries outside the EU/EEA Member States to improve their legal framework to become compliance with adequate level of protection requirement under the Directive. Since Indonesia is neither a Member State of the EU/EEA nor included in the white list of adequacy finding, the requirement of adequate level of protection is applied to Indonesia as a third country. The trans-border flow of personal data only can take place after the data controller is certain that the protection level of personal data in Indonesia is adequate under the Directive. Apparently, Indonesia is needed to criticize, whether or not its legal framework providing an adequate level of protection. Moreover, Indonesia as a Member State of the Asia-Pacific Economic Cooperation (APEC) has received a pressure to provide a sufficient level of protection on trans-border flow of personal data, in relation to the existence of the APEC Privacy Framework. This pressure has become heavier because of Indonesia position as the Association of South East Asian Nations/ASEAN Member States. Therefore, the main objective of this thesis is to examinehow Indonesia can improve its legal framework to comply with the adequate level of protection in view of Directive 95/46/EC. Conducting this examination is important in determining ways Indonesia might be developed into an attractive destination country for international commerce activities. In order to answer the objective of this thesis, three research questions have to be answered: firstly,currently, why Directive 95/46/EC is being acknowledged as the strictest legal instrument concerning privacy and data protection on conducting trans-border flow of personal data compared with other existing legal instruments. Secondly, how the European Commission determines the adequate level of protection in the third country in question under Directive 95/46/EC. Then, thirdly, to what extent legal framework of data protection in Indonesia measures up to the adequate level of protection in Indonesia under Directive 95/46/EC. In line with the effort to answer the first research question, this thesis will try to identify any possibility for improvement towards the current adequacy finding system. Hence, a balance accommodation might be obtained and maintained between the one who requires the adequate level of protection and the one who has to fulfill it. This thesis will be structured as follows. The first chapter is the introduction in which the objective of this thesis is explained. In the second chapter, there will be a brief comparison between the Directive with other legal instruments concerning privacy and data protection. Afterwards, some explanations on the requirement of the adequate level of protection in the light of the Directive will be provided, including the measurement to be used in conducting the adequacy finding and will explore any possible solution if there is no adequate level of protection in the third country in question. Further, this chapter will cover the current problems within the Directive as well as possible suggestions to overcome them. Thus, answering the first and second research question. In the third chapter, relevant issues surrounding Indonesian legal framework will be discussed, including a brief explanation on how Indonesia regulates privacy and data protection as well as a number of the difficulties experienced in doing so. The findings in the second and third chapters shall be employed to carry out the examination in the fourth chapter, which objective is to answer the third research question. The chapter serves to analyze the adequate level of protection of Indonesian legal framework by applying the measurements in the light of the Directive. The analysis will include various potential problems faced by Indonesia on its effort to improve protection of personal data along with several suggestions on how to overcome them. At the final stage, there will be a conclusion, to what extent Indonesia can be deemed as providing an adequate level of protection. As a result, a solution on how Indonesia might improve its legal framework under the Directive to both avoid a lack of protection and offer an adequate level of protection will be achieved. 2. The EU Legal Framework regarding trans-border flow of Personal Data The trans-border flow of personal data is stipulated by regulations concerning data protection. Since the early eighties, several regulations, drawn up by different organizations, have been published in this respect. The first initiative was performed by Organization for Economic Co-operation and Development (OECD) by establishing the Guidelines on the Protection of Privacy and Trans-border Flows of Personal Data (the OECD Guidelines) in 1980. The intention of the Guidelines is to prevent any conflicts between national laws, which can hamper the free flow of personal data between the OECD Member States. This establishment brought an awareness of the importance protection of the trans-border flow of personal data. A similar purpose with the OECD Guidelines has brought the Member States of the Council of Europe (the CoE) to publish a convention on their interest in the following year. They agreed that it is needed to reconcile the fundamental values of the respect for privacy and the free flow of information between them. The agreement is stated in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108), with purpose to take into account the right of privacy and the increasing flow across frontiers of personal data in regards of automatic processing, as a way to extend the safeguards for everyones rights and fundamental freedoms. In 1990, by considering the UN has more Member States compared with the OECD and the CoE, Guidelines concerning Computerized Personal Data Files (the UN Guidelines) was established as a way to bring the principles on privacy and data protection being implemented wider among countries. The UN General Assembly through Resolution No. A/RES/45/95 on 14 December 1990, requests the Governments of every Member States to take into account this Guidelines in their legislation. Further, the governmental, intergovernmental, and non-governmental organizations are also requested to respect the Guidelines in carrying out the activities within their field of competence. Nonetheless, the OECD Guidelines, the CETS No. 108, and the UN Guidelines still have some weaknesses. There are some principles of data protection, which are required to be embedded in national laws of each of the Member States but there is no means for ensuring their effective application. For examples, there are no supervisory authority provision in the CETS No. 108 and a lack of procedural clauses in the OECD Guidelines. In another case, concerning the binding power of the instrument, the OECD Guidelines is voluntarily binding to its Member States as well as the UN Guidelines, even though the UN Guidelines has the supervision and sanction provisions. Therefore, Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been established by the European Union (the EU) to overcome the limited effect of the two Guidelines and the Convention as mentioned above. Good level of compliance, support and help to individual data subject, and appropriate redress to the injured parties are the means used by the Directive for ensuring the effective application of the content of the rules. Apart from the compliance issue, the obligations and rights set down in the Directive are built upon the OECD Guidelines, the CETS No. 108, and the UN Guidelines. These three legal instruments contain similar principles, except for lawfulness, fairness, and non-discrimination principles are from the UN Guidelines; and special categories of data and additional safeguards for the data subject principles are from the ECTS No. 108. While the rest of the adopted principles are collection limitation, data quality, purpose specification, use limitation, security safeguard, openness, individual participation, and accountability. Further, the aims of the Directive can be seen from two perspectives. The first one is the economical perspective, in relation to the establishment and functioning of an internal market, in which to ensure the free movement of goods, persons, services, and capital, including the free movement of personal data. The second is from the fundamental rights perspective, in which to set the rules for high-level data protection to ensure the protection of the fundamental rights of the individuals. The newest legal instrument concerning privacy and data protection is the APEC Privacy Framework 2004 (the Framework), established by Asia-Pacific Economic Cooperation (APEC). The purpose of the Framework is to ensure there are no barriers for information flows among the APEC Member Economies by promoting a consistent approach to data protection. There are nine principles in the Framework that are built based on the OECD Guidelines. In brief, the adopted principles are preventing harm, notice, collection limitation, uses of personal information, choice, integrity of personal information, security safeguard, access and correction, and accountability. However, this Framework has the same weakness as the previous legal instruments on privacy and data protection before the Directive, which is the absent of means for ensuring the effective application of the principles. Additionally, it should be noted that APEC is a forum that established based on a voluntary basis, without any constitut ion or legally binding obligations for the Member Economies. Hence, the Framework is not binding to the Member Economies. From the brief analysis above, currently, the Directive posses the highest level of protection compared with other existing legal instruments on privacy and data protection. In this respect, to achieve the objective of this thesis as stated in the first chapter, the research questions will be answered by focusing on the Directive. Therefore, in the next section, there will be an explanation on the legal bases of trans-border flow of personal data to third countries under the Directive, followed by a rationalization on how the European Commission (EC) determines whether or not an adequate level of protection exists in the third country in question. Subsequently, the means for ensuring the effective application of the content of rules will be elaborated upon a description on a series of possibilities if the third country in question is not deemed to provide an adequate level of protection. Although currently, the Directive provides high-level of protection, some problems and suggestions will be provided, as an effort to address input for improvement. The findings in this chapter will be used to carry out the adequacy finding of Indonesia as a third country (in the fourth chapter) by doing a comparison with the findings on Indonesian legal framework in chapter three. 2. The Legal Bases of Trans-border Flows of Personal Data to Third Countries The trans-border flow of personal data to a third country to be acknowledged as lawful, it has to be conducted in accordance with the national data protection law of the EU/EEA Member States. It is applicable to the data controllers established in the EU, both at the time when data is being collected and processed. In general, the law consists of a combination between the obligations of data controllers and the rights of data subject. Before the establishment of the Directive, these rights and obligations were regulated under some national data protection laws with different level of protection. In the light of the functioning of internal market in the EU/EEA, all these obligations and rights, including certain procedures to be applied in case of trans-border flow of personal data to a third country, are regulated in the Directive. Whereas the Directive is legally binding to the EU/EEA Member States, an adequate level of protection is fulfilled and consequently trans-border flow of personal data is able to take place among them. Further, when the personal data is used for electronic communication purposes, then the rights and obligations as lay down in Directive 2002/58/EC shall take place. There are three possible types of transfer under the Directive. The first and second types are a communication of personal data by a data controller based in the EU/EEA Member States to another data controller or to a processor based in a third country. Another possibility type is a communication of personal data by a data subject based in the EU/EEA Member States to a data controller based in a third country. Nevertheless, it should noted that the Directive does not cover transfers of personal data in the course of judicial and police cooperation activities falling within Titles V and VI of the Treaty on European Union. The main regulation in the Directive concerning trans-border flow of personal data to a third country is Article 25. The first paragraph of the Article sets out the principle that the EU/EEA Member States shall allow the transfer of personal data only if the third country in question ensures an adequate level of protection. From this provision, it is necessary to explain further on the subject of the transfer of personal data and an adequate level of protection. First, what the Directive means by the transfer of personal data. Undoubtedly, it is often associated with the act of sending or transmitting personal data from one country to another, for instance by sending paper or electronic documents containing personal data by post or e-mail. By seeing from a different perspective, the situation where one conducts a certain activity with the purpose to make data available for others, besides the owner of the data (the data subject), and located in another country, is included as a trans-border flow of personal data. However, by making data accessible for everyone who connects to internet by uploading any personal data on internet web pages, even though that person is located in another country, is not included in the meaning of transfer of personal data to another country. The reason for the previous statement is this kind of activity is properly acknowledged as publishing activity, not transferring activity. This exception is stated clearly by the Court of Justice in the Bodil Lindqvist Case as there is no transfer of personal data to a third country where an individual in a Member State loads personal data onto an internet page making those data accessible to anyone who connects to the internet, including people in a third country. Subsequently, since the Directive is binding to 27 EU Member States, including three countries (Norway, Liechtenstein, and Iceland), which are bound by the Directive by virtue of the European Economic Area agreement (EEA), personal data can flow freely among them. In other words, there is a free zone among the EU/EEA member states. Therefore, transfer in the light of the Directive has to be seen as transfer of personal data from EU/EEA member states to other countries outside EU/EEA, which are recognized as third countries, and the adequate level of protection in those third countries has to be assessed. There is a so-called white list of countries, which have been assessed by the EC and affirmed to provide an adequate level of protection according to the Directive. Currently, the list consists of seven countries as follows: Argentina, Canada (limited to private sector data), Switzerland, United States (Safe Harbor and specific type of transfer: Passenger Name Record/PNR), the Bailiwick of Guernsey, the Isle of Man, and the Bailiwick of Jersey. The approval of adequacy shall be analyzed more carefully because once a country is listed in the white list, does not automatically mean that personal data can flow to the country freely. One should pay attention whether the affirmation is given for the entire legal framework or only for certain part of it in a specific field, sector (public or private), or regarding a specific type of transfer. Insofar, even though the result of adequacy finding shows that the data protection level in certain countries is not adequate, the EC will not create a black list for that negative finding because of political consequences. Instead of the black list, the EC tends to enter into negotiation with the certain country in order to find a solution. It can be concluded from the foregoing, that the adequacy finding is temporary and subject to be reviewed. Procedure of the Adequacy Finding In acknowledging the adequacy finding, the EC has to follow certain procedure, which has been determined in Article 25 Paragraph (6) of the Directive and is known as comitology. At first, there will be a proposal from the EC, followed by an opinion from Article 29 Working Party and an opinion from Article 31 Management Committee, which needs to be delivered by a qualified majority of member states. Afterwards, the EC submits the proposed finding to the European Parliament (EP), who will examine whether the EC has used its executing powers correctly and comes up with recommendation if necessary. As a final point, the EC then can formally issue the result of the adequacy finding. In the next section, the measurements used by the EC in conducting the finding will be explained in detail. 3. Assessing the Adequate Level of Protection The Article 29 Working Party has given an obvious statement thatany meaningful analysis of adequate protection must comprise the two basic elements: the content of the rules applicable and the means for ensuring their effective application.According to WP 12 of the European Commission (EC), a set of content principles that should be embodied in the existing regulations are the following: Purpose limitation principle: data should be processed for a specific purpose and subsequently used or further communicated only if it is compatible with the purpose of the transfer. Data quality and proportionality principle: data should be accurate and, where necessary, kept up to date. Transparency principle: individuals should be provided with information as to the purpose of the processing, the identity of the data controller in the third country and other necessary information to ensure fairness. Security principle: technical and organizational measures should be taken by the data controller that are appropriate to the risks presented by the processing. Rights of access, rectification and opposition: the data subject have the right to obtain a copy of all data relating to him/her that are processed, to rectification of those data that are shown to be inaccurate, and be able to object to the processing of the data. Restrictions on onwards transfers to non-parties to the contract: further transfers of the personal data by the recipient of the original data transfer only permitted if the second recipient provides an adequate level of protection. In addition to these content principles, another set of the means for ensuring the effective application of the principles, whether judicial or non-judicial, are required in order to fulfill the following objectives: Good level of compliance with the rules: the level of awareness of controllers and data subjects and the existence of effective and dissuasive sanctions are the measurements to examine the compliance level, including direct verification by authorities, auditors, or independent data protection officials. Support and help to individual data subjects: an individual should be able to enforce his/her rights rapidly and effectively without prohibitive cost. Institutional mechanism is needed to conduct independent investigation of complaints. Appropriate redress to the injured parties: where rules are not complied, redress to the injured party with independent adjudication or arbitration is provided, including compensation and sanction impose. Beyond the content principles, some additional principles are still needed to consider when it comes to certain types of processing. Additional safeguards when sensitive categories of data are involved and a right to opt-out when data are processed for direct marketing purposes should be in place. Another principle is the right for the data subject not to be a subject to an automated individual decision that intended to evaluate certain aspects, which can give any legal effects and have a significant effect to the data subject. These content principles, including additional principles, and the means for ensuring their effectiveness should be viewed as a minimum requirement in assessing the adequate level of protection in all cases. However, according to Article 25 Paragraph 2 of the Directive, in some cases, there will be two possibilities. There is a need to add the list with more requirements or to reduce it. To determine whether some requirements need to be added or reduced, the degree of risk that the transfer poses to the data subject becomes an important factor. The Article 29 Working Party has provided a list of categories of transfer, which poses particular risks to privacy, as mentioned below: Transfers involving certain sensitive categories of data as defined by Article 8 of the Directive Transfers which carry the risk of financial loss (e.g., credit card payments over the internet) Transfers carrying a risk to personal safety Transfers made for the purpose of making a decision which significantly affects the individual (e.g., recruitment or promotion decisions, the granting of credit, etc) Transfers which carry a risk of serious embarrassment or tarnishing of an individuals reputation Transfers which may result in specific actions which constitute a significant intrusion into an individuals private life (e.g., unsolicited telephone calls) Repetitive transfers involving massive volumes of data (e.g., transactional data processed over telecommunications networks, the Internet, etc.) Transfers involving the collection of data in a particularly covert or clandestine manner (e.g., internet cookies) To sum up, the circumstances should be taken into account when assessing adequacy in a specific case, being: the nature of the data the purpose and duration of the proposed processing operations the country of origin and the country of final destination the rules of law, both general and sectoral, in force in the country in question the professional rules and the security measures which are complied with in that country. Self -regulation From the circumstances as referred to Article 25 Paragraph 2 of the Directive, it can be seen that the assessments of the adequate level of protection is conducted according to the rules of law as well as the professional rules and the security measures. In other words, it has to be examined from a self-regulation perspective as well. The Article 29 Working Party presents a broad meaning of self-regulation asany set of data protection rules applying to a plurality of the data controllers from the same profession or industry sector, the content of which has been determined primarily by members of the industry or profession concerned.This wide definition offers the possibility to on the one hand a voluntary data protection code developed by a small industry association with only a few members and on the other hand a set of codes of professional ethics with quasi judicial force for a certain profession, such as doctors or bankers. Still, one should bear in mind, to be considered as an appropriate legal instrument to be analyzed, it has to have binding power to its members and has to provide adequate safeguards if the personal data are transferred again to non-member entities. Ob Development of Electronic Data Flows Development of Electronic Data Flows 1. Introduction The current development on the flow of electronic data, especially those relating to personal data across nations is increasing daily. Most of the flows are related to business activities whereas services are provided to fulfill the needs of people. It also leads to the transformation of commerce, which becomes worldwide and increasingly international. The transfer of huge quantities of data, relating to customers and employees, are required and often occurred among entities that located in different countries. An example would be the system of outsourcing, a practice in which companies and governments hire an external service provider in another country to deliver a program or provide a service, such as managing database of human resources or customers. This can often result in improved efficiencies and levels of services. Further, the advancement of global networks, such as the internet, provides the possibilities to collect, process, and distribute personal data on an unprecedente d scale. However, the trans-border flow of personal data is not only performed by companies or governments but also conducted by individuals in everyday life as well. When the data is used by companies or government, this can represent a high volume of data, such as in the form of the transfer of databases. There will be a quite different volume of data when it is provided by individuals when they disclose their personal data while participating in particular activities, such as browsing the internet or registering on various websites to obtain certain services. Additionally, there is a strong possibility for individuals, who are engaging in data transfer activities to lack of full awareness concerning what could be done to their personal data. In some instances, they do not realize that they have disclosed their personal data and it is subject to transmission and processing within countries not offering the same level of protection as their own country. For example, a student physically located in the Netherlands may complete an online game registration form, containing several spaces soliciting his/her identities, not knowing that the actual service provider is registered in India. Another example, a social worker residing within the United Kingdom might disclose his/her personal data on a web application for an internet banking service provided by a bank based in the United States. From the short description above, the trans-border flow of personal data exists in everyday life on a daily basis and it becomes a vital need of every stakeholder, whether governments or private sectors, including individuals. Nevertheless, while the flow has led to greater efficiencies and economic benefits, on the other hand this kind of flow has also raised concerns that some information could end up in the hands of people for whom it was not intended. Worse even is the situation when no one has realized the flow has taken place, spawning a great opportunity for infringement upon ones privacy rights. Some rules concerning privacy and data protection have been set up at national, regional, and international levels to guarantee privacy as one of the human rights is not harmed by any activity, including data processing as the final purpose of trans-border flow. Consequently, the trans-border flow of personal data has to be conducted in a lawful manner. In this respect, a legal framework on trans-border flow of personal data has been enacted in Europe by the European Commission (EC) under two directives. The first one is Directive 95/46/EC concerning the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data. This Directive has been further equipped by the second directive, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). In relation to the research objective of this thesis, Directive 95/46/EC is the most relevant and therefore, Directive 2002/58/EC will be referred to when necessary. It should be noted that whenever a term the Directive is being used in this thesis, the term shall refer to Directive 95/46/EC. Under the Directive, a main rule concerning the trans-border flow of personal data has been set up. These include the obligation of data controller to use personal data for specified, explicit, and legitimate purposes, to collect only relevant and necessary data, to guarantee the security of the data against accidental or unauthorized access or manipulation, and in specific cases to notify the competent independent supervisory body before carrying out all or certain types of data processing operations. On the other hand, there is a series of rights for individuals as data subject, such as the right to receive certain information whenever data is collected, to access and correct the data, and to object to certain types of data processing. Nevertheless, all of the practice of these rights and obligations present a significant problem when the trans-border flow of personal data takes place from the European Union/European Economic Area (the EU/EEA) Member States to countries outside the EU/EEA, for the reason that the Directive requires an adequate level of protection in the destination countries. The transfer of personal data to a third country is prohibited when the third country does not have an adequate level of protection to ensure that the processing of personal data will not cause any violation to the rights of data subjects. The binding power of the Directive to the EU/EEA Member States requires each of the Member States to embed the provisions in the Directive into their national legal system. Thus, there is a free zone where trans-border flow of personal data can take place freely among the Member States because they provide the adequate level of protection. Any approval, adequate safeguard, or additional requirement is not necessary to any further extent. As far as public international law is concerned, by applying the extra-territoriality principle, the requirement of the adequacy is automatically fulfilled at the official representatives of the EU/EEA Member States in the third country, such as the Embassy or Consulate General because of the extended jurisdiction of the Member States. However, this principle is not extended to private sectors, since subsidiary offices of multinational companies, still have to abide to the national law in the third country although the base of operations of the company is located in the EU/EEA Member States. In this case, the adequate level of protection is still required even though the transfer is conducted internally among the subsidiaries of the company located in third countries. Currently, the EC has conducted some adequacy findings and has compiled a white list of countries providing an adequate level of protection. This approval means the trans-border flow of personal data can take place as in the free zone between the EU/EEA Member States. However, to date, the white list covers a limited list of countries, seven to be exact. This list might not prove too sufficient from the point of view of multinational companies in accommodating their interest, as it does not include many countries of growing commercial interest. From this point of view, there is a need to harmonize various privacy and data protection regulations in many countries through the establishment of an internationally congruent legal framework for privacy and data protection. Unfortunately, it will take some effort and time for the establishment, while a fast solution is needed. By considering the Directive thus far the strictest legal framework compared with other existing legal framework on privacy and data protection, obviously, there is a need for countries outside the EU/EEA Member States to improve their legal framework to become compliance with adequate level of protection requirement under the Directive. Since Indonesia is neither a Member State of the EU/EEA nor included in the white list of adequacy finding, the requirement of adequate level of protection is applied to Indonesia as a third country. The trans-border flow of personal data only can take place after the data controller is certain that the protection level of personal data in Indonesia is adequate under the Directive. Apparently, Indonesia is needed to criticize, whether or not its legal framework providing an adequate level of protection. Moreover, Indonesia as a Member State of the Asia-Pacific Economic Cooperation (APEC) has received a pressure to provide a sufficient level of protection on trans-border flow of personal data, in relation to the existence of the APEC Privacy Framework. This pressure has become heavier because of Indonesia position as the Association of South East Asian Nations/ASEAN Member States. Therefore, the main objective of this thesis is to examinehow Indonesia can improve its legal framework to comply with the adequate level of protection in view of Directive 95/46/EC. Conducting this examination is important in determining ways Indonesia might be developed into an attractive destination country for international commerce activities. In order to answer the objective of this thesis, three research questions have to be answered: firstly,currently, why Directive 95/46/EC is being acknowledged as the strictest legal instrument concerning privacy and data protection on conducting trans-border flow of personal data compared with other existing legal instruments. Secondly, how the European Commission determines the adequate level of protection in the third country in question under Directive 95/46/EC. Then, thirdly, to what extent legal framework of data protection in Indonesia measures up to the adequate level of protection in Indonesia under Directive 95/46/EC. In line with the effort to answer the first research question, this thesis will try to identify any possibility for improvement towards the current adequacy finding system. Hence, a balance accommodation might be obtained and maintained between the one who requires the adequate level of protection and the one who has to fulfill it. This thesis will be structured as follows. The first chapter is the introduction in which the objective of this thesis is explained. In the second chapter, there will be a brief comparison between the Directive with other legal instruments concerning privacy and data protection. Afterwards, some explanations on the requirement of the adequate level of protection in the light of the Directive will be provided, including the measurement to be used in conducting the adequacy finding and will explore any possible solution if there is no adequate level of protection in the third country in question. Further, this chapter will cover the current problems within the Directive as well as possible suggestions to overcome them. Thus, answering the first and second research question. In the third chapter, relevant issues surrounding Indonesian legal framework will be discussed, including a brief explanation on how Indonesia regulates privacy and data protection as well as a number of the difficulties experienced in doing so. The findings in the second and third chapters shall be employed to carry out the examination in the fourth chapter, which objective is to answer the third research question. The chapter serves to analyze the adequate level of protection of Indonesian legal framework by applying the measurements in the light of the Directive. The analysis will include various potential problems faced by Indonesia on its effort to improve protection of personal data along with several suggestions on how to overcome them. At the final stage, there will be a conclusion, to what extent Indonesia can be deemed as providing an adequate level of protection. As a result, a solution on how Indonesia might improve its legal framework under the Directive to both avoid a lack of protection and offer an adequate level of protection will be achieved. 2. The EU Legal Framework regarding trans-border flow of Personal Data The trans-border flow of personal data is stipulated by regulations concerning data protection. Since the early eighties, several regulations, drawn up by different organizations, have been published in this respect. The first initiative was performed by Organization for Economic Co-operation and Development (OECD) by establishing the Guidelines on the Protection of Privacy and Trans-border Flows of Personal Data (the OECD Guidelines) in 1980. The intention of the Guidelines is to prevent any conflicts between national laws, which can hamper the free flow of personal data between the OECD Member States. This establishment brought an awareness of the importance protection of the trans-border flow of personal data. A similar purpose with the OECD Guidelines has brought the Member States of the Council of Europe (the CoE) to publish a convention on their interest in the following year. They agreed that it is needed to reconcile the fundamental values of the respect for privacy and the free flow of information between them. The agreement is stated in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108), with purpose to take into account the right of privacy and the increasing flow across frontiers of personal data in regards of automatic processing, as a way to extend the safeguards for everyones rights and fundamental freedoms. In 1990, by considering the UN has more Member States compared with the OECD and the CoE, Guidelines concerning Computerized Personal Data Files (the UN Guidelines) was established as a way to bring the principles on privacy and data protection being implemented wider among countries. The UN General Assembly through Resolution No. A/RES/45/95 on 14 December 1990, requests the Governments of every Member States to take into account this Guidelines in their legislation. Further, the governmental, intergovernmental, and non-governmental organizations are also requested to respect the Guidelines in carrying out the activities within their field of competence. Nonetheless, the OECD Guidelines, the CETS No. 108, and the UN Guidelines still have some weaknesses. There are some principles of data protection, which are required to be embedded in national laws of each of the Member States but there is no means for ensuring their effective application. For examples, there are no supervisory authority provision in the CETS No. 108 and a lack of procedural clauses in the OECD Guidelines. In another case, concerning the binding power of the instrument, the OECD Guidelines is voluntarily binding to its Member States as well as the UN Guidelines, even though the UN Guidelines has the supervision and sanction provisions. Therefore, Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been established by the European Union (the EU) to overcome the limited effect of the two Guidelines and the Convention as mentioned above. Good level of compliance, support and help to individual data subject, and appropriate redress to the injured parties are the means used by the Directive for ensuring the effective application of the content of the rules. Apart from the compliance issue, the obligations and rights set down in the Directive are built upon the OECD Guidelines, the CETS No. 108, and the UN Guidelines. These three legal instruments contain similar principles, except for lawfulness, fairness, and non-discrimination principles are from the UN Guidelines; and special categories of data and additional safeguards for the data subject principles are from the ECTS No. 108. While the rest of the adopted principles are collection limitation, data quality, purpose specification, use limitation, security safeguard, openness, individual participation, and accountability. Further, the aims of the Directive can be seen from two perspectives. The first one is the economical perspective, in relation to the establishment and functioning of an internal market, in which to ensure the free movement of goods, persons, services, and capital, including the free movement of personal data. The second is from the fundamental rights perspective, in which to set the rules for high-level data protection to ensure the protection of the fundamental rights of the individuals. The newest legal instrument concerning privacy and data protection is the APEC Privacy Framework 2004 (the Framework), established by Asia-Pacific Economic Cooperation (APEC). The purpose of the Framework is to ensure there are no barriers for information flows among the APEC Member Economies by promoting a consistent approach to data protection. There are nine principles in the Framework that are built based on the OECD Guidelines. In brief, the adopted principles are preventing harm, notice, collection limitation, uses of personal information, choice, integrity of personal information, security safeguard, access and correction, and accountability. However, this Framework has the same weakness as the previous legal instruments on privacy and data protection before the Directive, which is the absent of means for ensuring the effective application of the principles. Additionally, it should be noted that APEC is a forum that established based on a voluntary basis, without any constitut ion or legally binding obligations for the Member Economies. Hence, the Framework is not binding to the Member Economies. From the brief analysis above, currently, the Directive posses the highest level of protection compared with other existing legal instruments on privacy and data protection. In this respect, to achieve the objective of this thesis as stated in the first chapter, the research questions will be answered by focusing on the Directive. Therefore, in the next section, there will be an explanation on the legal bases of trans-border flow of personal data to third countries under the Directive, followed by a rationalization on how the European Commission (EC) determines whether or not an adequate level of protection exists in the third country in question. Subsequently, the means for ensuring the effective application of the content of rules will be elaborated upon a description on a series of possibilities if the third country in question is not deemed to provide an adequate level of protection. Although currently, the Directive provides high-level of protection, some problems and suggestions will be provided, as an effort to address input for improvement. The findings in this chapter will be used to carry out the adequacy finding of Indonesia as a third country (in the fourth chapter) by doing a comparison with the findings on Indonesian legal framework in chapter three. 2. The Legal Bases of Trans-border Flows of Personal Data to Third Countries The trans-border flow of personal data to a third country to be acknowledged as lawful, it has to be conducted in accordance with the national data protection law of the EU/EEA Member States. It is applicable to the data controllers established in the EU, both at the time when data is being collected and processed. In general, the law consists of a combination between the obligations of data controllers and the rights of data subject. Before the establishment of the Directive, these rights and obligations were regulated under some national data protection laws with different level of protection. In the light of the functioning of internal market in the EU/EEA, all these obligations and rights, including certain procedures to be applied in case of trans-border flow of personal data to a third country, are regulated in the Directive. Whereas the Directive is legally binding to the EU/EEA Member States, an adequate level of protection is fulfilled and consequently trans-border flow of personal data is able to take place among them. Further, when the personal data is used for electronic communication purposes, then the rights and obligations as lay down in Directive 2002/58/EC shall take place. There are three possible types of transfer under the Directive. The first and second types are a communication of personal data by a data controller based in the EU/EEA Member States to another data controller or to a processor based in a third country. Another possibility type is a communication of personal data by a data subject based in the EU/EEA Member States to a data controller based in a third country. Nevertheless, it should noted that the Directive does not cover transfers of personal data in the course of judicial and police cooperation activities falling within Titles V and VI of the Treaty on European Union. The main regulation in the Directive concerning trans-border flow of personal data to a third country is Article 25. The first paragraph of the Article sets out the principle that the EU/EEA Member States shall allow the transfer of personal data only if the third country in question ensures an adequate level of protection. From this provision, it is necessary to explain further on the subject of the transfer of personal data and an adequate level of protection. First, what the Directive means by the transfer of personal data. Undoubtedly, it is often associated with the act of sending or transmitting personal data from one country to another, for instance by sending paper or electronic documents containing personal data by post or e-mail. By seeing from a different perspective, the situation where one conducts a certain activity with the purpose to make data available for others, besides the owner of the data (the data subject), and located in another country, is included as a trans-border flow of personal data. However, by making data accessible for everyone who connects to internet by uploading any personal data on internet web pages, even though that person is located in another country, is not included in the meaning of transfer of personal data to another country. The reason for the previous statement is this kind of activity is properly acknowledged as publishing activity, not transferring activity. This exception is stated clearly by the Court of Justice in the Bodil Lindqvist Case as there is no transfer of personal data to a third country where an individual in a Member State loads personal data onto an internet page making those data accessible to anyone who connects to the internet, including people in a third country. Subsequently, since the Directive is binding to 27 EU Member States, including three countries (Norway, Liechtenstein, and Iceland), which are bound by the Directive by virtue of the European Economic Area agreement (EEA), personal data can flow freely among them. In other words, there is a free zone among the EU/EEA member states. Therefore, transfer in the light of the Directive has to be seen as transfer of personal data from EU/EEA member states to other countries outside EU/EEA, which are recognized as third countries, and the adequate level of protection in those third countries has to be assessed. There is a so-called white list of countries, which have been assessed by the EC and affirmed to provide an adequate level of protection according to the Directive. Currently, the list consists of seven countries as follows: Argentina, Canada (limited to private sector data), Switzerland, United States (Safe Harbor and specific type of transfer: Passenger Name Record/PNR), the Bailiwick of Guernsey, the Isle of Man, and the Bailiwick of Jersey. The approval of adequacy shall be analyzed more carefully because once a country is listed in the white list, does not automatically mean that personal data can flow to the country freely. One should pay attention whether the affirmation is given for the entire legal framework or only for certain part of it in a specific field, sector (public or private), or regarding a specific type of transfer. Insofar, even though the result of adequacy finding shows that the data protection level in certain countries is not adequate, the EC will not create a black list for that negative finding because of political consequences. Instead of the black list, the EC tends to enter into negotiation with the certain country in order to find a solution. It can be concluded from the foregoing, that the adequacy finding is temporary and subject to be reviewed. Procedure of the Adequacy Finding In acknowledging the adequacy finding, the EC has to follow certain procedure, which has been determined in Article 25 Paragraph (6) of the Directive and is known as comitology. At first, there will be a proposal from the EC, followed by an opinion from Article 29 Working Party and an opinion from Article 31 Management Committee, which needs to be delivered by a qualified majority of member states. Afterwards, the EC submits the proposed finding to the European Parliament (EP), who will examine whether the EC has used its executing powers correctly and comes up with recommendation if necessary. As a final point, the EC then can formally issue the result of the adequacy finding. In the next section, the measurements used by the EC in conducting the finding will be explained in detail. 3. Assessing the Adequate Level of Protection The Article 29 Working Party has given an obvious statement thatany meaningful analysis of adequate protection must comprise the two basic elements: the content of the rules applicable and the means for ensuring their effective application.According to WP 12 of the European Commission (EC), a set of content principles that should be embodied in the existing regulations are the following: Purpose limitation principle: data should be processed for a specific purpose and subsequently used or further communicated only if it is compatible with the purpose of the transfer. Data quality and proportionality principle: data should be accurate and, where necessary, kept up to date. Transparency principle: individuals should be provided with information as to the purpose of the processing, the identity of the data controller in the third country and other necessary information to ensure fairness. Security principle: technical and organizational measures should be taken by the data controller that are appropriate to the risks presented by the processing. Rights of access, rectification and opposition: the data subject have the right to obtain a copy of all data relating to him/her that are processed, to rectification of those data that are shown to be inaccurate, and be able to object to the processing of the data. Restrictions on onwards transfers to non-parties to the contract: further transfers of the personal data by the recipient of the original data transfer only permitted if the second recipient provides an adequate level of protection. In addition to these content principles, another set of the means for ensuring the effective application of the principles, whether judicial or non-judicial, are required in order to fulfill the following objectives: Good level of compliance with the rules: the level of awareness of controllers and data subjects and the existence of effective and dissuasive sanctions are the measurements to examine the compliance level, including direct verification by authorities, auditors, or independent data protection officials. Support and help to individual data subjects: an individual should be able to enforce his/her rights rapidly and effectively without prohibitive cost. Institutional mechanism is needed to conduct independent investigation of complaints. Appropriate redress to the injured parties: where rules are not complied, redress to the injured party with independent adjudication or arbitration is provided, including compensation and sanction impose. Beyond the content principles, some additional principles are still needed to consider when it comes to certain types of processing. Additional safeguards when sensitive categories of data are involved and a right to opt-out when data are processed for direct marketing purposes should be in place. Another principle is the right for the data subject not to be a subject to an automated individual decision that intended to evaluate certain aspects, which can give any legal effects and have a significant effect to the data subject. These content principles, including additional principles, and the means for ensuring their effectiveness should be viewed as a minimum requirement in assessing the adequate level of protection in all cases. However, according to Article 25 Paragraph 2 of the Directive, in some cases, there will be two possibilities. There is a need to add the list with more requirements or to reduce it. To determine whether some requirements need to be added or reduced, the degree of risk that the transfer poses to the data subject becomes an important factor. The Article 29 Working Party has provided a list of categories of transfer, which poses particular risks to privacy, as mentioned below: Transfers involving certain sensitive categories of data as defined by Article 8 of the Directive Transfers which carry the risk of financial loss (e.g., credit card payments over the internet) Transfers carrying a risk to personal safety Transfers made for the purpose of making a decision which significantly affects the individual (e.g., recruitment or promotion decisions, the granting of credit, etc) Transfers which carry a risk of serious embarrassment or tarnishing of an individuals reputation Transfers which may result in specific actions which constitute a significant intrusion into an individuals private life (e.g., unsolicited telephone calls) Repetitive transfers involving massive volumes of data (e.g., transactional data processed over telecommunications networks, the Internet, etc.) Transfers involving the collection of data in a particularly covert or clandestine manner (e.g., internet cookies) To sum up, the circumstances should be taken into account when assessing adequacy in a specific case, being: the nature of the data the purpose and duration of the proposed processing operations the country of origin and the country of final destination the rules of law, both general and sectoral, in force in the country in question the professional rules and the security measures which are complied with in that country. Self -regulation From the circumstances as referred to Article 25 Paragraph 2 of the Directive, it can be seen that the assessments of the adequate level of protection is conducted according to the rules of law as well as the professional rules and the security measures. In other words, it has to be examined from a self-regulation perspective as well. The Article 29 Working Party presents a broad meaning of self-regulation asany set of data protection rules applying to a plurality of the data controllers from the same profession or industry sector, the content of which has been determined primarily by members of the industry or profession concerned.This wide definition offers the possibility to on the one hand a voluntary data protection code developed by a small industry association with only a few members and on the other hand a set of codes of professional ethics with quasi judicial force for a certain profession, such as doctors or bankers. Still, one should bear in mind, to be considered as an appropriate legal instrument to be analyzed, it has to have binding power to its members and has to provide adequate safeguards if the personal data are transferred again to non-member entities. Ob