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Saturday, October 30, 2010

ICANN Ombuds Will Step Down

Frank Fowlie, the Ombudsman for the Internet Corporation for Assigned Names and Numbers, has announced that he will leave his position on or before January 31, 2011. Fowlie established the ICANN Ombuds program in 2004 and has emerged as an expert in the areas of on-line dispute resolution and Ombuds office assessment.

Working for the high-profile, international non-profit, however, has its drawbacks and Fowlie has found himself at the center of several controversies over the years. Moreover, the position required extensive travel. (Fowlie said he spent nearly 2½ years out of the past six on the road.)  Despite the demands of the job, Fowlie was active in several professional organizations, including the International Ombudsman Association and the Southern California Ombuds Group. ICANN said that it will begin a search immediately to find a successor and Fowlie has agreed to stay on long enough to help with the transition.  (ICANN Announcement.)

University of Pennsylvania Updates Ombuds Website

The webpage for Penn's Office of the University Ombudsman received a complete overhaul. The new site provides significantly more detail about the office's services, principles, and staff. The four core tenets for Organizational Ombuds -- independence, informality, neutrality & impartiality, and confidentiality -- are carefully outlined.

The new website also indicates that Dr. Gulbun O’Connor is currently serving as Interim Associate Ombudsman with University Ombudsman, Dr. Joan Goodman. O’Connor previously served in the Penn Ombuds Office for 23 years before she retired in 2008. (UPenn Ombuds.)


Thursday, October 28, 2010

The Difference Between an Ombuds and a Mediator

In the latest excerpt from an video interview, Howard Gadlin, the Ombudsman at the National Institutes of Health, discusses the difference between the roles of a mediator and an Ombuds.

He says that Ombuds use mediation as one of many tools. In addition, Ombuds do not simply resolve discrete conflicts, but also assist an organization to identify the policies and regulations that are causing internal conflict. (Mediate.com.)

Job Posting: FINRA

The Financial Industry Regulatory Authority, Inc., is hiring a Case Manager for its Office of the Ombudsman. The position is responsible for responding to inquiries, reviewing complaints related to FINRA operations, and working with other FINRA staff to identify appropriate resolutions.

Applicants must have a bachelor's degree and a minimum of three years of experience, and knowledge of securities industry rules or relevant securities industry experience. The position may require up to 25% travel. (FINRA Jobs.)

Job (Re-)Posting: MD Anderson Cancer Center

The medical center in Houston has reposted its opening for an experienced Ombuds with some notable revisions.

Instead of three years experience as Organizational Ombuds, the position now seeks only two years. A master’s degree or better is still required. The updated posting also indicates that the position pays $74,800-$112,200 annually. Still no closing date. (MD Anderson Jobs, Req #: mdac-00033578; via Chronicle of Higher Ed.)

Prior: Job Posting.

Wednesday, October 27, 2010

University of Louisville Hires ADR Expert to Head Ombuds Office

Kentucky's flagship public university has appointed Tony Belak, a prominent mediation and dispute resolution expert, to head its Office of the Ombuds. Belak will take over from Dennis Hall, who has served as UofL's interim Ombudsperson since the office was established in 2009 in response to an embezzlement scandal involving a former dean and allegations of a broken grievance process.

Belak most recently served as the Executive Director of the International Center for Collaborative Solutions at Sullivan University in Louisville. He has been Senior Dispute Resolution Counsel for the Department of Veterans Affairs, president of the Federal ADR Council, Inc., president of the Federal Bar Association, Kentucky Chapter, chair of the Louisville and Kentucky Bar Association's ADR Committees/Sections, and president of the Mediation Association of Kentucky. He has been a member of the faculty for the Master of Science in Dispute Resolution program at Sullivan University and has taught courses at UofL's Brandeis School of Law and the Indiana University Southeast College of Business. (UofL Today; LinkedIn; Mediate.com.)

Saint Louis University Appoints Ombuds

The private Jesuit university in Missouri has named Cari Wickliffe as its next Ombudsperson for students, replacing John-Herbert Jaffry. She will continue to serve as Interim Associate Vice President for Enrollment Management and Director of Student Financial Services.

Wickliffe has worked in higher education for more than 25 years and has earned several awards at state, regional and national levels for her service and leadership in the financial aid arena. She came to SLU in 2004 to work in enrollment management. Previously, she was vice chancellor for student services at the University of Arkansas Community College in Batesville. The Ombuds Office at SLU opened in August 2005 and serves students.  (SLU Ombuds Office, Wickliffe Bio.)

Tuesday, October 26, 2010

Journal of IOA Highlights Bullying Issues

The fourth issue of the Journal of the International Ombudsman Association focuses on bullying in organizations. In his forward, JIOA Editor in Chief David Miller notes that, “Ombudsmen have crucial advantages in enabling characterisation, definition and responses to reported bullying in organisations."

Although bullying has become a focus concern, the role of Ombuds has never been addressed as it is in this issue of JIOA. Articles in the current issue include:
  • “Some Things You Need to Know but may have been Afraid to Ask: A Researcher Speaks to Ombudsmen about Workplace Bullying” -- Loraleigh Keashly
  • “Cases Involving Allegations of Workplace Bullying: Threats to Ombuds Neutrality and Other Challenges” -- Tom Sebok and Mary Chavez Rudolph
  • “Tackling Systemic Incivility Problems: The Ombudsman as Change Agent” -- Jan Morse
  • Dealing with Bullying Behaviours in the Workplace: What Works — A Practitioner’s View” -- Barbara McCulloch
  • “Bullying: A View from the Corporate World” -- Mim Gaetano
  • “Experience From Japan” -- Noriko Tada
  • “The Several Purposes of the OO Crystal Ball” -- Mary Rowe
  • “The Importance of Relationships for Ombudpersons” -- Tim Griffin
  • “The Organizational Ombudsman as Change Agent for Organizational and Social Capital” -- Brian Bloch and Nancy Erbe
  • “Some Thoughts on Bullying in International Organizations” -- James Lee
  • “Some Considerations for Ombuds Dealing with Allegations of Bullying” -- Marsha L. Wagner
  • “Recent Developments, A Legal Perspective” -- Tom A. Kosakowski
The latest issue of JIOA also marks a transition to a biannual publication schedule. (JIOA, vol. 3, no. 2.)

North Florida Community College Appoints New Ombuds

NFCC has named Sharon Brave Heart as its Student Ombudsman, replacing David Paulk. Brave Heart has taught a variety of accounting and business classes at the public community college in Madison, Florida.

She graduated from Valdosta State University with a bachelors in accounting and finance, and earned an MBA from the University of Phoenix. The NFCC Student Ombuds provides confidential, informal, and neutral assistance and dispute resolution for students who encounter difficulty on campus with faculty, staff, fellow students, services, programs, and administration. (NFCC Ombuds.)

Former Sandia Ombuds Will Address Colorado ADR Conference

Wendell Jones, who served as the Ombudsperson at Sandia National Laboratories for 11 years, will be the plenary speaker at the Fourth Annual Colorado Statewide ADR Conference, "Evolving Frontiers of ADR."

Jones will explore complex system theory, and the impact of neuroscience on human system conflict with an eye towards creating a holistic and integrative method to resolving conflict.  He was a physicist at Sandia from 1976 until 1992, when he established an Ombuds program. He has been active in the International Ombudsman Association serving as Vice President and teaching numerous courses.

The Colorado ADR conference takes place on November 4, 2010 at the Renaissance Hotel in Denver. (Evolving Frontiers of ADR Conf Info.)

Sarawak needs autonomy in formatting development

DUN Buillding taken from Carpenter Street
If the people take what are being written by bloggers, most of who are politically biased with the tendency to demonise the leadership of the State government, they are actually denying themselves of knowing the truth about Sarawak.  They may think that the people of Sarawak are stupid and that the State is being run by a corrupt government. That is far from the truth.

The State is about 95% of the whole land surface of Semenanjung Malaysia.   It has been transformed from a backward state to one of the fastest growing economy in the country. Though it gained Independence six years later than other States in Semenanjung Malaysia, it will be able to achieve the status of a developed State with the rest of the country by the year 2020; more so towards the year 2030.  It is the model of a harmonious multi-racial and multi religious society and a good example of 1Malaysia concept being pushed forward by the Prime Minister, Dato Seri Mohd. Najib Tun Abdul Razak. 

Apart from a huge land surface, the population is only about 2.6 million living in more than 5,000 settlements comprising of traditional villages and longhouses scattered over a wide area. About 60% of the settlements, with distances of anything between one to 30 Km, have about 30 families only.  In other words, a settlement unlike in other states of countries cannot provide the economy of scale in development.

Hence, in all the planning for development, since the First Malaysia Plan, the State government has to take into consideration all these peculiarities, though not fully understood by the Federal authorities.  For example, it is the view of the State government that the development of SCORE must be put in a different context, namely its impact on Malaysia towards the year 2030. There is no question, after the year 2020 Sarawak will have the problem of how to sustain its development, the development of Sarawak as a whole and the development of SCORE in particular. It is projected that the State will be able to produce five times more income from that of today’s level by the year 2030.  

Kuching Waterfront
Undoubtedly, it is more desirable for the State to integrate its policy together with Peninsular Malaysia. However, at the same time, Sarawakians must be given a lot of leeway in designing the format of development that may not necessarily be quite the same as in Peninsular Malaysia. In other words, the Federal Government must give some initiatives to the State to develop the format of development that may not really be quite the same as in Peninsular Malaysia.

Global investors
Sarawak has to deal with world investors, who have got established policies on investment to give them a lot of advantages in stating their demand or requirements to set up industries locally.  For this reason, the State must be knowledgeable about what the global investors want, what kind of industries that they want to set up and what they require in order to become more competitive.  Usually, the investors want to negotiate for the best terms that they can get to enable them to compete with their competitors in other parts of the world.  In other words, big investors, who may come with billion worth of investment, do not just come to grab little incentives here but favorable terms and conditions to enable them to compete with their competitors worldwide. 

Understandably, there can be a lot of debates coming up at the Federal and state levels because of the inability to appreciate the specialist needs of these world investors. Most of them cannot be done at the policy level alone as they have got to be matched by efforts to accommodate their requirements on the ground.  Therefore, success depends on the ability of the State to make the federal government appreciates that most of the problems can be tackled at the ground level rather than at the top.

Kuching
Understandably, the current Prime Minister seems to be philosophically attuned to these kinds of ways of achieving better progress for the future. However, they are a lot more people that need to be convinced about his view on development in Sarawak.  Basically, the federal machinery must be well tuned in to give sufficient autonomy in order to get Sarawak to be well equipped to meet the requirements of heavy industries.  One good example was the establishment of MMC, a company that manufactures about 6,000 megawatts of solar cell. The company came in about a year ago and its factory in Samajaya, Kuching is about to be completed now.  This is a good example of where there is a will, where there is understanding and where there is determination; Sarawak can serve industries as fast as it can.


Perspective plan after Palm Oil

The perspective plan for Sarawak after Palm oil is 20 years, not 10 years. Understandably, the people at the Federal level used to ask the State why it had to put up a plan that stretches all the way to the year 2030 and not to the year 2020 like other states.  Admittedly, Sarawak is introducing something that is completely new in Malaysia. But the State government has been told that the full picture of the development of the potentials can only emerge with a 20-year plan. Therefore, all estimates made are within the period of 2030.
Miri Aerial View
The overall estimate of 1.6 million new jobs to be created by the year 2030 has got to be put forward so that the State will know how to move forward. The development involves a great deal of investment  in education, development  of infrastructure, sometimes more ambitious than the general plan of the Federal Government for the year 2020, and investment by the public sector to be relatively lower than the private sector in  development.

The State government will invest about RM67 billion out of the total investment of over RM360 billion for the development of SCORE. The proportion will be bigger than those for Peninsular Malaysia but the impact will be beyond SCORE development area. The assumption that SCORE will only benefit areas between Tanjung Manis and Samalaju and all the way down to Baram and Tunoh in Kapit is incorrect; SCORE will benefit a much greater area. Out of the total of 1.6 million job opportunities that will come with the development of SCORE, 830,000 will be in SCORE area and the rest will be floated outside it.

Some of the spin off effects of the development of heavy industries in SCORE may help Malacca, if not Penang, where there is lots of development in the electronic sector that can use some of the semi processed products from Sarawak. Generally, there will more linkages between Peninsular Malaysia and Sarawak in development. Hopefully, it will have some implications on the State’s ability to increase export volume to Peninsular Malaysia, which at the moment is very small. The State imports a great deal of goods from Peninsular Malaysia but export very little; the ships on their return trips are normally empty.

More inter-state linkages

Miri
For example, Malacca can import silicon ingots, being manufactured in Sarawak, directly from the State rather than to compete with other manufacturers in getting the same products or semi processed products from further afield. This has the advantage of keeping the money inside the country. Besides, it also gives downstream manufacturers in Peninsular Malaysia a greater security of supply of the semi processed goods. This is an example how more linkages will be established between Peninsular Malaysia and Sarawak in future.  Such linkages should be able to create more jobs further afield rather than just in Sarawak

In this connection, the people in Peninsular Malaysia can also look for jobs coming up in Sarawak as not all of them can be filled by Sarawakians.  The State Government believes, though it planned for better educational and training programs five years ago, there will still be insufficient inputs into the institutions of trainings and universities to give sufficient job seekers for all the jobs that will be created in Sarawak even before the year 2020. However, more and more Sarawakians can be expected to the jobs by the year 2015.  It is estimated that about 10% of the public expenditure will be in the form of manpower development to satisfy the specific match, the match of specific jobs with specific training program over time.

Masjid Taqwa Miri
 Generally, the economic development is moving in a different level in Sarawak. For example, the development of Palm oil industry is no longer just the development of agriculture. The commodity is going to be the basis on which the State will take part in a great deal more activities such as in research, the application of bio-technology and the production of food and pharmaceutical products. The State has a total acreage of 2.2 million hectares palm oil estates surrounding Tanjung Manis. This will give a lot of downstream industries the economies of scale to be developed in close proximity to each other.

Besides, the State converted its forestry policy about 15 years ago to allow the timber industry to develop high yielding planted forests.  Then the State knew if were to stay with indigenous natural forests, it would have a dying industry or rather a sun set timber industry in a very near future.  There would be no expansion, no improvement in management and no research aggressiveness that everybody would go to sleep. The State would continue to get people joining the timber industry without necessarily thinking about the new things for the industry.

High yielding timber plantations


Future Miri City Hall
The State has converted about 20% of the permanent forests areas for high yielding timber plantations. The high yielding timber areas can give between five to seven times more woods than the natural indigenous forests. In other words, it will be able to double wood outputs by the year 2020 or there about.  Therefore, the timber industry, which is hemmed by a lot of environmental pressures and other things, can still grow in Sarawak.  The forests, 20% of which are being planted with high yielding timber, will be able to double the production of woods to make many products and even go into full integration with pulp and paper industry.

Pulp and paper industry can be supported by a timber estate of round about 50,000 hectares or more than 100,000 plus acres. For this reason, the State government has planned to have pulp and paper plants each in Baram, Kapit and Betong, which can  have 100,000 hectares of forested areas to support the industry.  This will tally with the overall model of the politics of development, which does not only try to mix the people to do the same jobs but share the benefits of development. Gradually, the politics of development as the philosophy of development will make a much more viable community in Sarawak by development some of the 5,000 villages and longhouses to become towns of at least 5,000 people by the year 2030.  

Miri Marina
Sarawak has got the target to become a more modern economy, a migration from the medium to higher income economy as envisaged by the Prime Minister, Dato Seri Mohd. Najib Tun Abdul Razak within the framework of New Economic Model by the year 2030.  Then the people, who are not involved in manufacturing, can be engaged in innovative activities.  They can be engaged in research works and other innovative activities. It can be anticipated that some people from rural areas will have opportunities to come back to their areas to become grassroots leaders to their community.  The rural population will be able to develop further not only because of jobs but because of better access to grassroots leadership that think something new for the people.



Miri Airport
The approach of the Government transformation program may be appropriate in Peninsular Malaysia, but it has to be slightly different in Sarawak for the simple reason that it has been developing in slightly a different fashion.  For example, the State does not have the privilege of having a large enough population base to allow it to participate in manufacturing in the same degree as other states in Peninsular Malaysia.   A lot of the manufacturing activities started in Peninsular Malaysia from import substitution industry that grew gradually to become established industries; now they are in good position to go up the value change. 

Sarawak could not start with import substitution industries not only because the population was small but it was thinly scattered over a wide area.  It would be very competitive for Sarawak, with high costs of transportation of goods in bulk, to produce the same thing as in Peninsular Malaysia, where the bulk of the market for manufactured goods has already been found; therefore, Sarawak has got to be slightly different than Peninsular Malaysia. 

Bintulu Aerial View
Besides, Sarawak has been depending so much in oil and gas industry in the development of its economy in the past; both industries do not create many employment opportunities for the people. Hence, the State has to look to other sectors of the economy that can give sufficient jobs for the people to develop.  However, it has been doing locally based manufacturing mostly on timber and has been doing quite well in it.  Now, the timber industry is no longer being threatened by the prospects of Indonesia dumping a lot of their woods and timber products during downturn demands in the timber market. The local timber products have been upgraded and out of the competitive world of the Indonesian timber products.  That gives the local timber industry a slight better position.

Sarawak is yet to have the entire infrastructure to open up land to diversify into agriculture. It is also yet to have the concentration of population namely along coastal areas for the purpose. The first trunk road was right into the interior that it did not serve anybody in terms of opening up land. Though, the people were excited about it, they took nearly 30 years to decide to move near to the road sides. In other words, there was a big gap between Sarawak and Semenanjung Malaysia in terms of modern agriculture development.  This is still a problem in Sarawak.

Bintulu Terminal
The State has been making concerted efforts, through combination of initiatives of the government and those of the private sector to open up more land to develop estates through Sarawak never had an estate before. As Sarawak had no history of estate development, it had to start from scratch.  That was the position of estate development in Sarawak.  Fortunately, lots of people, including those from the timber industry, were willing to venture into long-term estate development in the common efforts to diversify the economy.

Sarawak, during the last 20 years has been able to develop 1 million hectares or 2.2 million acres of oil palm estates. During the same period, it has also been able to develop more and more roads throughout the length and breadth of the State except probably Ulu Baram, Ulu Limbang and Lawas where the terrains are quite formidable. Besides, the State government has to face problems of getting the natives to co-operative among them to implement proposals to develop their lands. The State is confident that it will be able to develop the oil palm industry in a more professional manner after it has developed the sizeable oil palm estates.  
Future Times Square Mall, Bintulu

Understandably, in planning for the Eight Malaysia Plan and the Ninth Malaysia Plan, the State government had to think at least 10 years to 15 years ahead, among other things, to prepare for new economic ventures with their implications on manpower build up, the development of infrastructure planning and incentives for the private sector. The development of oil palm industry has gone away from the normal land schemes being developed by the government to that of estates being developed by the private sector.

Research findings

The Government used to spend every cent of the money to develop land schemes for the people before.  However, such the expenditure for almost every acre of palm oil estates being developed is being covered by the private sector, which is using good management and reliance on feasibility studies and research findings in their operations. The private sector has already developed 200,000 hectares of Native customary right land. It is in the best position to make the industry more efficient.  

Bintulu Wharf
Meanwhile, the State Government has also been developing an understanding with the Federal Government on what may lay ahead for Sarawak? Basically, the Federal Government must be prepared to spend more money as the State needs to develop new sectors of its economy. In other words, the Federal government must be prepared to spend more money to develop the infrastructure as pre-requisites to the development of the potentials of the State towards the year 2020 and beyond. Basically, both the Federal and State governments must look at what is the best way to develop Sarawak to migrate from the medium to High Income Economy?

While both Miri and Kuching have development to give comfort to the people, the middle part of Sarawak is losing population due to its lack of development.  The population of Kuching has increased from 250,000 to 700,000 now while that of Miri town from 100,000 to 300,000.   Generally there was a change in the rural- urban population structure from a ratio of 80: 20 in favor of the rural areas in the early days to that of 51: 49 in favor of the urban areas now. 

Bintulu Airport
Therefore, conscientious efforts have to be made to tackle the problems of areas that may lose more population in future. Such areas will get poorer if people are not being stopped from migrating out.  Hence, the State government decides to arrange together areas in the middle of Sarawak and try to find out what are the resources that can become the foundation of their new development. The areas have huge hydro potentials and ½ a billion tons of coals. But the State needs a bit more fort to develop them.   The development of all the potentials has to be made on integrated basis.

Competitive prices of energy

In the process, it must enhance the development of the infrastructure to stimulate the development of heavy, medium and light industries. The development will focus on generating reasonably prized energy from hydro power and coal as incentives for energy intensive industries to come.  Thus was born Sarawak Corridor of Renewable Energy or SCORE, which encompasses a development area of about 60,000 sq kilometers stretching from Ulu Baram all the way to Ulu Tunoh, Tanjung Manis and Samalaju.  These are the conglomerates of areas that may not be harmonious in conditions but can be integrated in development.

Bintulu
The development of SCORE, induced by competitive prices of energy, can be done in a more sophisticated way. The response of investors is well placed in aluminum, manganese, steel, poly silicon ingot and other tin-related industries.  The investors are very happy to come because they believe that Sarawak, which can offer competitive prices of energy, is the best launching pad to serve the growing hunger of China for the raw materials. China, at the same time, is developing a policy to hike some of its manufacturing facilities that require high consumption of energy. In other words, China is pursuing a policy to seek the higher end of manufacturing activities inside the country and allow the middle end from outside tom come in or to be more accessible to China.

Sarawak, which has been fighting from the periphery before, should be able to go right into the centre because of the change in development in Asia. The State lost a lot of competitive position after 1997 because of the rise of China. At one time, China was more or less the manufacturing hub of the whole world. But today it does not need to manufacture everything. They want to go for quality and like Malaysia wants to develop the high income economy. 

Rising market

Niosh Building at Bintulu
Arguably, Sarawak is in the position that fits very well with the development planning of China and India as the rising market in the world. They can be a partner for trade and joint ventures and in investment. Now SCORE has been able to attract sufficient investment to justify bolder approaches to future investment. Up to now, the most firm investments are about RM30 billion.  There are some limitations in the State’s ability to service all the service industries. They want power supply before they decide to construct their industries. That means the State must fine tune the industrial development plan to meet the requests of investors. In this respect, the program to generate electricity must be carried out first in order to serve the incoming industries.  

Admittedly, the development of Bakun hydro dam, being the first project being in the State has to face a lot of problems.  However, Sarawak cannot afford to wait for problems relating to Bakun hydro project, with the generating capacity of 2,000 megawatts of power, to be sorted out first before it moves forward.  It has to go ahead with the construction of Murum dam and feasibility study of Ulu Baram and Pelagus hydro dams with a view to make them on line for development in the next few years. At the same time the State Government is looking at Limbang and Lawas for the development of energy in co-operation with Brunei and probably Sabah.  That will bring the State upfront to 6,000 megawatts by the year 2020. That will be sufficient to give a growth of more than 6.5 per cent every year. The development will be within the expectation of the federal government for the State to achieve. 
Park City Mall Bintulu

The potentials of manpower development will be known once a study on it is being done. However, it can be anticipated that about 1/3 of the job creation will take place by the year 2020. It can also be anticipated that the State will be able to achieve a growth rate of between RM65 to RM75 million by the year 2030.  That will be quite a good achievement.  The development of downstream industries will unfold more and more after the year 2020.

More heavy industries, with potentials to attract downstream industries like aluminum factories will be created after that period.  The smaller scale production will provide a lot of advantages like saving costs for refitting the aluminum and bringing them into manufacturing processes in nearby areas.  The development of downstream industries is expected to happen round about the year 2015 all the way to the year 2020. The rate will increase more and more after the year 2020.  This is what will happen in Sarawak towards the year 2020. The escalation in jobs creation will increase much more after the year 2020.

Kuching Waterfront
This will happen in places like Baram, Ulu Lawas, Ulu Kapit, and other rural areas where the people are quite isolated from mainstream of development.  The people, who have got good education, tend to be involved in one way drift to towns or cities, to look for jobs and lead a much happier life. It is envisaged that Sarawak, with the politics of development, will be able to achieve greater harmony and integration of the people through the modernization of the economy by the year 2020 and beyond. Even now it can be seen that the people are interacting among themselves regardless of their ethnic origins, religious beliefs or other differences; the people are being drawn together from all corners of the country.

The ability of the people to interact among themselves will result in a much better race relationship that fits in easily with the concept of One Malaysia. The State will be able to achieve the transformation of the economy from the medium to higher income economy and achieve better social development with the increase in the components of semi skilled jobs upward from 35% to 50% by the year 2030. The actual position will be known once the manpower survey has been completed. 

Whatever it is, it will be a happy position to achieve and Sarawakians should find it worthwhile to do anything to achieve it. The people should decide to roll their sleeves, look forward and implement whatever that has been agreed to after all the debates and agreements that have been reached in the face. Sarawakians must take that opportunity as they have a lot to gain in doing so. On the other hand, they have a lot to lose for not doing so.






benuasains



*Photos Source: google.com images


 

Monday, October 25, 2010

Job Posting: University of California San Francisco

The leading health science graduate school and medical center is hiring its first University Ombudsperson. The position will direct all aspects of the UCSF Ombuds Office and provide independent, neutral, confidential and informal assistance to faculty, staff and students in compliance with IOA standards.

Applicants must have a doctorate in a related field; five years experience in a University or comparable setting; three years experience in counseling or mediation; and membership or willingness to become a member of IOA. Experience and understanding of the UC system and preferably UCSF and completion of a mediation certificate program are preferred. No salary or closing date indicated. (UCSF Jobs.)

Job Posting: Apollo Group

The parent corporation of the University of Phoenix is hiring an Associate Ombudsperson. The full-time position will provide, "confidential, impartial, and informal assistance to any Apollo staff that has concerns or conflicts that affect their work life." The Apollo Ombuds office is located in Phoenix, AZ and reports to the Chief Executive Officer.

Applicants must have at least a bachelors degree and five years of relevant work experience. An advanced degree and at least three years of mediation or counseling experience are preferred. No closing date or salary range provided. (LinkedIn Job Posting.)

Prior: Job Posting.

Friday, October 22, 2010

Education Law Expert Explains Why Schools Should Have Ombuds

In an article for the American School Board Journal, Edwin C. Darden says that, "one important way school districts can help residents feel heard is to appoint an official ombudsman." He notes that most school Ombuds work in large, urban school districts, but argues that the benefits are of equal value to a suburban or rural school district.

Darden offers some critical advice for school districts considering an Ombuds program:
There are two decision points for school board members and superintendents when considering this subject: Whether to hire an ombudsman at all and to whom will the person report on the organizational chart. Neither question is trivial. This is one of those rare cases where structure is as crucial as actual operation, and perception is reality.
Darden distinguishes between Organizational Ombuds, who handle internal complaints from employees and address operational matters, and "Public Service" Ombuds and his article focuses on the latter. This may be a semantic distinction: University Ombuds, for example, handle more than just employee issues and yet consider themselves to be Organizational Ombuds. Moreover, the ethical tenets of schools Ombuds are other Organizational Ombuds are essentially the same.

He concludes that if done correctly, an Ombuds, "is worth considering and could be money well spent." Darden is President-Elect of the Education Law Association and Director of Education Law and Policy for the Appleseed Network. (American School Board Journal.)

Coke Ombuds Addresses International Bar Association

Earlier this week, David Talbott, an Ombuds for Coca Cola Enterprises, Inc., was a panelist at the IBA 2010 Annual Conference in Vancouver, BC. The session co-chair, F. Peter Phillips, an international commercial arbitrator and mediator, summarized Talbott's remarks.

Talbot explained that the function of the office is to provide a confidential and trustworthy resource for participants of an enterprise (faculty and students in the case of colleges; employees and managers in the case of companies) to raise substantive issues in a safe environment. Communications are off-the-record, informal, and do not constitute legal notice to the company. The Ombudsman’s office is structurally independent of legal or management functions and is designed for those relatively rare instances when Human Resources, Compliance, Legal and other functions are inappropriate. The Ombudsman can provide non-attributed information to management that can improve the functioning of the organization and divert potential disputes. The Ombudsman reports directly to the President’s office, avoiding exposure to individuals implicated in the issue. Talbot called the Ombudsman “impartial and multi-partial: We treat everyone the same way.” The desired effect of the office is to identify problems and permit their being addressed before they mature into more serious issues. Rumors are answered, concerns are followed-up, and the organization is run in a healthier way.
The IBA session, "Corporate Perspectives on Business Conflict Management," was attended by senior executives who manage disputes and outside counsel. (Business Conflict Blog, IBA Conf. Info.)



Job Posting: American Red Cross

The Red Cross is hiring an Intake Coordinator & Program Analyst for its Office of the Corporate Ombudsman. The position provides professional and technical support for the Ombuds program -- generating and preparing data and data-related reports, performing research, and designing and implementing project plans.

Applicants should have a bachelor’s degree and 1-3 years of relevant professional experience. No salary or application deadline indicated. This is a rare entry-level opportunity in a high profile Organizational Ombuds program. (ARC Careers.)

Wednesday, October 20, 2010

Sarawak pioneers formula to develop Native lands

Sarawak, through Sarawak Land Consolidation and Rehabilitation Authority or SALCRA is the first one to produce a sophisticated formula for the development of Native customary Rights land for the benefits of the owners.
 
Throughout the world whether in North America, all the Pacific Islands and other places where Customary Rights serve as the basis for early settlements, no solutions have been devised to make the Natives benefit from the development of their land.

What has been achieved by SALCRA is much more than just giving. For example, for 2010, SALCRA has given out bonuses totaling about RM 400 million.  More importantly, SALCRA has found a solution to help the people, who have been ignorant, helpless and unable to use of market mechanism and modern business strategies to develop their lands.

The State’s target is to develop 2 million hectares NCR land to enable most of the people who have been dependent on these lands can have a pension scheme. Probably their children, who may not want to go back to land like in the old days, will have a choice, either to hold shares or work in the estates, something that will give them better returns.

This is what SALCRA, now a successful business organization, has been doing for nearly 20,000 participants of its estates with a total acreage of more than 50,000 hectares.

This is one of the most complicated business organization that can ever be built. A lot of people will give up because there will be quarrels, misunderstandings and opposition to whatever it wants to do for the landowners.  For example, the people outside the government and members NGOs will always take opportunities to instigate the land owners not to participate in any development that can make their land into real economic assets.

It is in this context, that the opposition and foreign NGOs, which do not have any tract record of service to the people can be regarded are plain hypocrites. They have not really fought for ways of giving good returns and benefits to Native owners of pre-colonial land rights in any parts of the world.

Understandably, SALCRA started with lots of problems.  The State Government under the leadership of Pehin Sri Haji Haji Abdul Taib Mahmud, since March 26, 1981 started to think seriously how to make a success of SALCRA schemes. The schemes must be made successful as there was no other way to help the people who were living in hardship and spreading in small groups over a wide area in the rural areas. Ways have to be found to help in the development of Native Customary Right land as a way to start a difficult struggle, which if successful, could change the attitude of Bumiputras on how they can benefit from the development of their large tracts of land.

The Natives among themselves can accumulate about two million hectares of land through the traditional process, inherited from their ancestors, of opening up new areas. Logically, they should be accorded the rights to keep the lands to enable them to get good values from them. There is already a vast tract of Native Customary Right land over the land surface of the State but the owners do not get much benefit from them.

Quite obviously, they do not have the capability to convert the lands to become assets.   There is a difference between land and asset in the case of Sarawak. In the case of other countries land and asset mean the same things. It can give you income. But in Sarawak there is a big gap in the value between land owned by Bumiputra and lands owned by non Bumiputras. This is because they do not have certainty of sizes; most of the lands do not have titles.

Those with titles, on the other hand, tend to go into the market and get sold at cheap prices because of economic pressure on life. This practice, if allowed to continue unchecked, may make Native land owners poorer in having assets. The State Government must have the resolve, determination and political will to tackle the problems of NCR lands even though they were full of traps and difficulties. There was no other way to help Bumiputras who have lands in rural areas except to use the lands that are already available to them in order to raise their value.

In the First Malaysia Plan, which introduced New Economic Policy as the main thrust to eradicate poverty among the people, the Natives in Sarawak could not be included within the purview of the policy.   In Semenanjung Malaysia, poverty was being interpreted to mean estate dwellers, residents of New Villages and people who did not have land. As a consequence, the interpretation of poverty in the New Economic Policy under the First Malaysia Plan did not include the Natives in Sarawak as they could not be included as people who did not have lands.

Then the State could not argue about their position as the Federal authority was not knowledgeable about the form of land holdings or land system in Sarawak. The problem was made more complicated as the people could not develop their land due to the internal security problems posed by insurgence of armed members of the Communists Organisation operating in Sibu, Sarikei and Kapit divisions. An emergency was declared in the region and administered under Rajang Security Command to tackle the security problem.


The success of SALCRA today should be credited to Datuk Patinggi Alfred Jabu due to his wide experience and deep understanding of the feeling and attitude of the Dayaks towards their customary right lands.   Secondly, Datuk Patinggi Jabu has expert knowledge about agriculture for example rubber, palm oil and other crops.  He is very details in his approach to any problems.  It is not surprising, therefore, that SALCRA, as can be seen now, has grown up to become a corporate organization, a money making organization. 

More importantly, it has been able to build a new attitude among Bumiputra towards the prospects of developing their Native Customary Right lands or NCR lands. This is the most difficult problem to solve. Equally important, the success of estates being developed by SALCRA helps to induce a lot of our qualified people to go back to Ulu areas and to help the local people.   Obviously, SALCRA has become a mechanism to can create jobs for the clever people to come back and help their own people.

Pehin Sri Abdul Taib says SALCRA had already started doing a good job since 1981 but its schemes did not have the economy of scale. For example, there were many people being engaged to open up a small tract of land only. Hence, the priority was to build the economy of scale for SALCRA. In the period of 1982 – 1983, though the State did not have much money, the Government decided whatever cash that could be accumulated by managing the country well, must be used by SALCRA first. Very few people knew about this. In other words any surplus money could be used to make SALCRA a bigger operation with an economy of scale. From thence onward, the State Government had a view that SALCRA should play a bigger role than what it used to do in developing Lemanak and Skuau land schemes.

Pehin Sri Abdul Taib says in 1965 he was involved in opposing the move to amend the Land Code to allow Native land to be developed without any provisions to safeguard the rights of owners over their lands. For that reason, SALCRA must be strengthened to enable it to play a more significant role in the development of Native lands. Appropriate steps have to be taken to reorganize SALCRA and inject it with more money; the whole organization had to be revamped. Besides, the government also decided that SALCRA should concentrate on its estates in First and Second divisions in order to be more focused and efficient in their development. It could risk experiencing logistical problems if it were allowed to spread over a wide area of operation.

Pehin Sri Abdul Taib is convinced that Datuk Patinggi Alfred Jabu cares for his people, the Dayak community in particular. For example, he entrusted Datuk Patinggi Alfred Jabu to save Batang Ai, which was in danger of being closed down after one Japanese engineer was killed. He made tireless visits to the ground to meet and talk to people while opposition politicians ran away without trying to solve the problem. The crisis in Batang Ai land scheme was very typical of the opposition. They would just open their mouth and once the problems crop up, they quickly run away.

However, the success of SALCRA is not complete solution yet. While people who own more than 10 acres of land can benefit and have the patience to participate in Native Estates being developed by SALCRA, those who own below 10 acres may not be able to do so.  For example, those with less than five acres also want their land to give them something that will benefit them immediately.

Generally, people, each with five acres or below, do not get many dividends from their lands. They may not be satisfied with their income. They are prone to instigation by the opposition not to join estates being developed either by SALCRA or Pelita, which they  allege as instrument by the government to grab Native lands. Of course, there is no truth in the allegation but the people who experience hardship, will be quick to believe something that can suppress further their livelihood.

Therefore conscientious efforts must be made to formulate a new scheme to help the people to develop their land.  For example, a more flexible system must be formulated to help the participants, once they become too old to work on their lands, to have some income.   As they become too old to work, they have to depend on their small dividends to support their livelihood.

Perhaps, the State government should consider, instead of giving welfare fund, to use the money to buy shares as way to increase their assets. Once they can have more shares in the estates they should be able to get more monthly income to support their livelihood. Understandably, the State government will be discussing with the Federal Government under the 10th Malaysia Plan to give loan and that half of it can be used to buy shares to be allocated to the poor participants of any estates.

Understandably also, the State government will be implementing a land exchange in the next two years for land owners, who do not want to develop their lands any more, to sell their shares to the exchange.  However, the shares cannot be bought by non Bumiputras as it remains illegal for non-Bumiputras to take over the NCR rights in any joint- venture company. The only way to restrict that kind of practice is to create land exchange that can transact shares in any successful estates.  The new generation will have two choices, firstly to work in the modern agricultural sector or keep their shares in Native Estate Development schemes that can give them dividends every year.  In other words, they can choose either to keep their money in Trust Fund or shares in land development companies.

The State government, with the allocation of RM21 million from the Federal government, will  commence work to survey Native Customary Right lands that are connected to with each other, very soon.  However, the survey cannot cover individual titles. Otherwise, the money will be insufficient as it will take another 30 years to solve the problems.  However, if they agree among them, the government is prepared to consider making the perimeter survey and return the land to the people that have basis for joint ownership according to proportions of land owned by them.

The land and survey department has already identified lands that will be surveyed.  Hopefully, with steps to be taken to make a perimeter survey of NCR lands and agreement among owners, the State government should be able to launch more estates to involve them in modern estates development, which emphasizes on the usage of modern management and having access to capital and bank money. It is an efficient way to involve more owners of NCR land in modern land development. Besides, the new development will also give opportunities to non Bumiputras to participate legally in such development. And that is the most important thing for us to do.  It will create a sense of partnership and not a sense of isolation in the new development. 

Undeniably, the State has found a solution to develop NCR land. But it requires all enlightened people among Bumiputras to be willing to come forward to explain its objectives to land owners. The way of LCDA now takes between two to three years to implement a project; it is a bit slow. The State Government is of the view that it should not restrict the development of NCR land to LCDA only. The organizations like SALCRA, FELDA, if it is allowed to come in to Sarawak, FELCRA should be encouraged to form joint ventures with NCR land owners to develop their lands. The land should not remain idle as idle land that does not give any benefit to anybody. It is a waste that has to tackle.

The people must fight with greater determination attempts by foreign NGOs or even unfriendly NGOs to oppose efforts to develop NCR lands mainly for their own political consideration. They have been resorting to spread false propaganda or outright lies to instigate the Native land owners to oppose any proposals to develop their lands. The Government must have the political will to do what need to be convince more Bumiputras to develop their lands in the era of modern business and accessibility to bank loans and other capitals. 

Undoubtedly, it is an efficient way to ensure that Native land owners do not get trapped in having a lot lands that do not command good value.     Generally native lands, which used to be valued at RM200 or RM300 per acre before the inception of SALCRA and LCDA, now can command the same value as any land that is being developed for estates by investors. 




benuasains



*Photos Source: http://www.salcra.gov.my/
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