59 10 3494 https://omeka.ibu.edu.ba/files/original/ffb5734712a6fb15ef4273c3df92937d.pdf f7b30ba1766e8684647e902e89cdbc97 PDF Text Text COLLEGE STUDENTS’ FIELDWORK IN THE NATIVE-AMERICAN RESERVATION Article History: Submitted: 10.06.2015 Accepted: 08.08.2015 Abstract: This is the narrative of the fieldwork conducted by the Global Citizenship Studies Department at Seisen University. The fieldwork in the Native-Americans reservation was started in 2008 in Colville in the State of Washington. Since 2008, we have sent average of 10 students every year for 7 years. The aims of this fieldwork are: 1) to understand history, culture and life of the Native-Americans 2) to learn the importance of symbiotic relation between people and the nature 3) to acquire English skills through communicating with local people Keywords: Native-American Reservation, multi-cultural understanding, service learning �I. INTRODUCTION Seisen University is a women’s college established by Catholic nuns from Spain in 1950. The name of the department I belong to is Global Citizenship Studies Department and probably the only department that has this name in the world. I would like to introduce one of the fieldworks that our department is conducting. Before I start elaborating on the fieldwork, let me briefly explain the department and its curriculum. The department was established in 2000 with the aim to foster the women who can contribute to global society with global perspective. Our motto is “Think globally, act locally.” This is the structure of our curriculum. At the bottom as you can see, first things students are expected to gain in their first year classes are basic knowledge, fundamental learning skills, and communication skills. In the second year, they start taking classes in the three major areas, namely, Social Sciences and Humanities, Global Communication and Fieldwork. In the area of Social Sciences and Humanities, students study, for example, history, sociology, economics, politics, culture, religion and so on. In the area of Global Communication, they learn not only English and other foreign languages but also cross-cultural communication, interpretation, translation, presentation skills and so on. And in the Fieldwork, students are expected to see, find out and feel at first-hand what they learned in the Social Sciences and Humanities and Global Communication areas. In the third year they decide the research theme and survey the literature and make �research for the theme. And finally in the fourth year, they complete their thesis and make presentation based on the thesis. I hope the explanation made it clear where the fieldworks are placed in our curriculum. Two overseas fieldworks are usually offered in addition to the fieldworks in the United States and England and two within the country every year. So far we have sent our students to India, Indonesia, the Philippines, Nepal, Bhutan, Malawi, the USA, England, New Zealand, Korea, Taiwan, and we will start a new program in Malaysia this summer. We have our domestic fieldworks in Okinawa, farming area in Ibaraki, the forestry area in the central part of Japan. All these fieldworks are aiming at researching the specific area and understanding its culture. The purpose of these fieldworks is far from that of the sightseeing tours. Before they actually participate in the fieldwork, the students study about the host country receiving the guidance of the professor who has experience living in the area and has a strong network in the community. The people from the host country are often invited as resource persons so that our students could gain as much information as possible before they leave for the fieldwork site. II. THE FIELDWORK IN THE NATIVE-AMERICAN RESERVATION The fieldwork in the Native-Americans reservation was started in 2008 in Colville in the State of Washington.Since 2008, we have sent average of 10 students every year for 7 years. The aims of this fieldwork are: 1) to understand history, culture and life of the Native-Americans 2) to learn the importance of symbiotic relation between people and the nature 3) to acquire English skills through communicating with local people 1. The site of the fieldwork According to the national census in 2010, the population of the United States is approximately 308,750,000 out of which 0.9 % is Native Americans. That is about 3,000,000. There are 566 reservations acknowledged throughout the country. 229 are in Alaska and the rest of 337 are scattered in 33 states. The American government approves of each tribe’s right of self-government. Colville reservation is located 115 kilometers (71 miles) north of Spokane, Washington. It covers the southeastern part of Okanogan County, the southern half of Ferry County and the southern tip of Stevens County. The population is about 8,700 which consists of 12 different tribes. Their native language is Salish, however, there are less than 100 people who can use the language. �In order to enter the reservation, the ferry boat is the only way and that is why the area is called Ferry County. The ferry boat can accommodate 12 cars at a time and runs from 6:45 in the morning to 9:30 in the evening free of charge. There are no street lights or traffic signal. As you can easily imagine, you don’t have Wi-Fi access, either. There is only one small gas station and a tiny supermarket. The natural environment is just wonderful. They don’t have any kind of pollution. There are lots of different kinds of wild animals. You can find many beaver dams in the Twin Lakes and you can see ospreys flying high above the sky and diving in the lake to catch fish. Deer come very close to where people live and wild turkeys march in line. If you are lucky, you will see a moose and if you are unlucky you will meet a skunk. We should never leave food out in the house because bears would come in to get it. You hear them roar at night and you may run into them. The reservation is just like a safari park. �Our students appreciate the beautiful nature. They enjoy canoeing and swimming in the lake and meeting the various wild animals. Rick, one of the Native-American rangers in the reservation told us the ecology of the wildlife. He told us that animals do not attack us unless we do some harm to them and that the Native Americans do not catch animals more than they need. In the reservation, one has to have an ID as a Native-American to shoot animals or catch fish. 2. The History of the Native-Americans It may be easy to associate Native-Americans with Pocahontas in Walt Disney’s animation. They have dark skin and dark braided hair wearing leather clothes and ride their horses very well. However, the Native-Americans we met in the reservation are not at all like them. Blue jeans and T-shirt is the most typical outfit. They live in a common house, drive a car and cook whatever other Americans eat other than authentic food such as wild deer meat stew, wild huckleberry jam, and fried bread. �However, we should not forget the history of the Native-Americans. We take our students to three museums nearby to acquire general idea of the reservation and tribes. They look around the exhibits and ask the curators questions about history, lifestyle, culture, and art of the tribes. These pieces of knowledge help the students gather information through hands-on experience exchanging with local people. It is a very famous story that Columbus left Spain in 1492 bound for Japan sailing the Atlantic Ocean and he ended up landing on the United States. He believed it was India and therefore called the native people Indians. After Columbus, for 400 years, many Europeans came and repeated the brutal act and also they brought them such diseases as smallpox, the measles and tuberculosis. The Native American population decreased drastically. In addition, alcohol and guns had undesirable effects to the large extent the life of the Native-Americans. In 1830, the American government decided to set forth administrative policy to assimilate the Native-Americans into mainstream of the American society. They had to change their names, religion, language and way of life. They were told to change their hunting life to agricultural life and driven to the unproductive land. Children were sent to Indian schools many of which had dormitories so that they were forced to live apart from their parents. Our students learned the Native-Americans’ regrettable history, traditions and culture �and at the same time the problems they are facing: poverty, unemployment, lack of education, alcohol and drug dependence, destruction of family and so on. They try to find the solutions to these problems. They become aware of the link between what they learned in the classroom and what they actually see and feel through their experience outside of the classroom. 3. Ihchelium School and More Students spend most of the time with children and students at Inchelium School in the reservation. Ms. Denise Seeley, the teacher who teaches the 5th graders, really likes the idea of this cultural exchange program and she is very cooperative. Our students and the 5th graders exchange letters and emails prior to their visit and they introduce themselves with each other so that they feel familiar when they meet. When they visit the class, they answer whatever questions the Inchelium students have and help them do the assignment. They also play games together. Inchelium School has always been ranked in the worst 40 in the States in terms of academic standard and the very worst among 500 schools in the State of Washington. The children are not very good at writing and even the 5th graders could not write more than 5 lines. However, those who had our students in class and spent quite a while with wrote beautiful essays. Let me share with you some of them. ��As you can see, they have so much to write about and willing to write. When children have some feelings and emotions, they want to express them. They enjoy changing font and giving a designed title. Ms. Denise Seeley commented that these essays seem to be love letters from Inchelium children to Seisen girls. Not only in composition class but in math class, too, there was a big change. Their grades in math jumped up only in this class among all the 12 classes in Inchelium School. Again Ms. Seeley said she did not do anything special but that each child came to have self-respect and became aware that it is importance to be considerate to each other. The change of behavior in their everyday life and the change of attitude toward study had a great influence on their �grades. A boy who had to go to the principal’s office 45 times a year as punishment for doing something wrong went there only 5 times this year. Another boy was very violent and sometimes Ms. Seeley had to evacuate all other students out of the classroom, but after experiencing this exchange program, he never caused a single problem. These changes were such remarkable phenomena that those teachers who were reluctant to invite our students to their classes had to change their mind. They were afraid of running out of time to teach composition or math if these Japanese college students come and the class will be doing something extra other than the regular curriculum. The older students have such questions as what young people are most interested in, what are the most popular fashion, music, and cartoon. They play basketball and cook typical dishes of their own culture for each other. Inchelium School is kind enough to let our students have lunch with the students in the cafeteria. They usually serve salad, bread, milk, and meat, fish, pasta, and so on. It is not a fancy food but children could have as much as they want. Some parents with alcohol or drug dependence do not cook for their children and so the lunch they have at school could be important nourishing food for them. Outside of Inchelium School, the community holds friendship pow wow, a kind of prayer meeting while we are there. The Native Americans dance, sing, and play the drums in their native costumes and our students also dance and sing in yukata, a kind of kimono. They show how to dance with each other. Other than the pow wow, we had chances to share a very good time with local people at family night out and parties held by church. Our students showed and told how to do folding paper and let the children try on Yukata. �Recently only a few people attended pow wow and family night out, and people don’t get together and spend time together, however, the pow wow and family night out held while our students were there became the biggest ones in the past. 4. Impacts of the Fieldwork on the Native-American Reservation What our students brought to the Native-Americans may be only a fragment of our culture and not a common culture shared by many Japanese. It could be very personal, however, we could say that the impact that they made on the community was quite huge. Very few non-Native-Americans, if any, enter the reservation and needless to say, there are hardly any foreigners’ visits there. The small children always gathered around our students and some high school students came to see us every night at our lodge. The adults extended hospitality to us to offer places and food for our cultural exchange in spite of the fact that they live in poverty. It seems as if we made a big ventilation hole in the society for a wind of change to go through. The children from the very beginning were so curious and came closer to us, talked to us and played with us without any hesitation, while adults were cautiously stood by without showing any emotion at first. However, once they realized that we were harmless and doing our best to communicate with them because we really wanted to know about them and be friends with them, they started asking so many questions and extended hospitality to us. We often heard the words to express their gratitude by adults by saying that our visits to the reservation reminded them of importance to protect their identity and strengthen the solidarity �of the tribe. They also helped the people there make a step forward to know that there is a world different from their own. Our students noticed that they could change the world around them, and they became more eager to learn about what they don’t know. I discussed the impact of the fieldwork on the Native Americans from the perspective of service learning. We also conducted questionnaire on the impact of the fieldwork on Seisen students and my colleague, Kathy wrote about the findings. Of course our students learned so much through this fieldwork and we found the comments of our students very interesting and inspiring. III. CONCLUSION There is one thing that we have to keep in mind about conducting fieldwork in Colville because of its uniqueness. As it was mentioned above, thisreservation is closed to non NativeAmericans and therefore the people there did not open their mind at first. But once they opened their heart to us, it seems that they had complete trust in us. Most people there have given up establishing long-lasting relationship with outsiders and therefore we should keep our program to visit them regularly in order to sustain and strengthen our bond. Especially we should not disappoint the children who are expecting Seisen students to come and visit them every summer. The 4th graders are so anxious to become 5th graders because they can have our students in their class. It is our hope that this fieldwork will be of any contribution to make the community a better place to live. �Lastly two episodes will be introduced before I finish my presentation. There is one Native-American college student who has been assisting our fieldwork. His name is Neil. He is always wearing a cap with “Native Pride” on. He was studying information technology at a university in Texas. Few young people in this reservation go to university since the academic level is extremely low, most of the families cannot afford it, and they cannot get accustomed to a new environment because the life in the reservation is very different from the life elsewhere. He is a graduate from Inchelium School and young children seem to respect him and envy him. He said he is proud to be a Native-American and his plan was to become a teacher at Inchelium School after graduating from college. In the spring of 2009, Neil came to Tokyo. He was staying with our students’ families and faculty members. While he was supporting our fieldwork, he became more and more interested in Japan and he chose this country for his first travel overseas. He came back again in 2011 for the second time. He changed his major to TESOL and now he is planning to teach English in Japan. Nobody was expecting this. It is sure that the impact of this young man as a role model on the children in the reservation is great and many of them will be determined to go to college and choose to visit Japan as the first destination of their overseas travel. In fact, lots of boys and girls were saying that they want to go to Japan. We met a boy when we were visiting Pascal Sherman Indian School which is located in the other end of the reservation in March this year. He used to go to Inchelium School a few years ago and when he found us he came up to us and took out a wrinkled piece of paper from his pocket and showed it to us. On the paper were some expressions in Japanese he learned from our students when he was in the 5th grade. Since he never knew that we were visiting his �school that day, it is sure that he carries the piece of paper all the time. Finally let me introduce the words by Margaret Mead, a famous American anthropologist. It is not exaggeration to say that her words literally mean what this fieldwork is aiming at: “Never doubt that a small highly committed group of individuals can change the world: indeed it is the only thing that ever has.” � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 2961 Title A name given to the resource COLLEGE STUDENTS’ FIELDWORK IN THE NATIVE-AMERICAN RESERVATION Author Author Aikyo, Mikiko Abstract A summary of the resource. This is the narrative of the fieldwork conducted by the Global Citizenship Studies Department at Seisen University. The fieldwork in the Native-Americans reservation was started in 2008 in Colville in the State of Washington. Since 2008, we have sent average of 10 students every year for 7 years. The aims of this fieldwork are: 1) to understand history, culture and life of the Native-Americans 2) to learn the importance of symbiotic relation between people and the nature 3) to acquire English skills through communicating with local people Publisher An entity responsible for making the resource available International Burch University Date A point or period of time associated with an event in the lifecycle of the resource 2015-12 Keywords Keywords. Article PeerReviewed L Education (General) https://omeka.ibu.edu.ba/files/original/f51543f7b1b5e10f8346c24f884642bb.pdf 67671984f70d58f66438c2b3b8f13f52 PDF Text Text IZVORNI NAUČNI RAD Colliding Effects of Freedom of Access to Information and Personal Data Protection Efekti kolizije između slobode pristupa informacijama i zaštite ličnih podataka Mr.sci. Jasminka Dzumhur The Institution of Human Rights Ombudsman of Bosnia and Herzegovina e-mail: jdzumhur@ombudsmen.gov.ba Abstract: Significant efforts were taken in BiH in the adoption of legislation guarantying the rule of law and human rights. In the framework of this activity the Law on Freedom of Access to Information and the Law on Personal Data Protection were adopted. Unfortunately, practice in some cases shows present of conflict in implementation of those two laws. The most recent example is the case in which the Personal Data Protection Agency of Bosnia and Herzegovina conducted the administrative proceedings against the Prosecutor’s Office and the Court of Bosnia and Herzegovina for handling of personal data of accused and convicted persons at their official web-sites. As a result of these proceedings, The Personal Data Protection Agency adopted a decision warning the Prosecutor’s Office and the Court of BiH to refrain from such illegal complainant’s data handling and asking them to block personal data of all the persons comprised in the indictments and court decisions posted on its official web-site. This paper analyzes the consequences of the action of the Agency for Protection of Personal Data from perspective of international human rights standards and international jurisprudence and its impact on the justice, rule of law and human rights in the judicial sector. Centar za društvena istraživanja | Godina 2 | Broj1 Keywords: free access to information, protection of personal data, public interest, test of public interest, prosecutor office, court. JEL Classification: K19, K33, K40 http://dx.doi.org/ 10.14706/DO15217 Article History Submitted: 06.01.2015. Resubmited: 26.01.2015. Accepted: 30.01.2015. 157 �Mr.sci. Jasminka Dzumhur Sažetak: U BiH su učinjeni značajni napori u usvajanju zakona kojim se osigurava vladavina prava i ljudska prava. U okviru ove aktivnosti usvojen je Zakon o slobodi pristupa informacijama i Zakon o zaštiti ličnih podataka. Nažalost, praksa u nekim slučajevima pokazuje postojanje sukoba u primjeni ova dva zakona. Najnoviji primjer je slučaj u kojem je Agencija za zaštitu osobnih podataka u Bosni i Hercegovini sprovela upravni postupak protiv Tužilaštva i Suda Bosne i Hercegovine vezano za upravljanje osobnim podacima optuženih i osuđenih osoba na svojim službenim web-stranice. Kao rezultat ovog postupka, Agencija je donijela odluku kojom je upozorila Tužilaštvo i Sud BiH da se suzdrže od nezakonite obrade ličnih podataka optuženih, te im naložila da blokiraju osobne podatke svih osoba koje se nalaze u optužnicama i sudskim odlukama objavljen na njihovim službenim webstranicama. U ovom radu su analizirane posljedice postupanja Agencije za zaštitu osobnih podataka iz perspektive međunarodnih standarda ljudskih prava i međunarodne sudske prakse, te njen uticaj na pravdu, vladavinu prava i ljudskih prava u pravosudnom sektoru. 158 Ključne riječi: sloboda pristupa informacijama, zaštita osobnih podataka, javni interes, test javnog interesa, tužilaštvo, sud. JEL klasifikacija: K19, K33, K40 http://dx.doi.org/ 10.14706/DO15217 Historija članka Dostavljen: 06.01.2015. Recenziran: 26.01.2015. Prihvaćen: 30.01.2015. Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection 1. Introduction Considerable efforts have been made in Bosnia and Herzegovina to adopt legislation that guarantees the rule of law and respect for human rights. As part of these activities, the Law on Freedom of Access to Information was adopted in 2000, and the Law on Personal Data Protection in 2006. Unfortunately, practical experiences have shown that in certain cases there is an opposition of rights set by these two laws. The most recent example is a case where, in 2010, the Personal Data Protection Agency of Bosnia and Herzegovina initiated proceedings against the Office of the State Prosecutor of Bosnia and Herzegovina, in relation to personal data of persons indicted or convicted, presented at the official web-site of the State Prosecutor, and issued a Decision stating that “The Office of the State Prosecutor of BiH is hereby advised to refrain from unlawful processing of personal data of the applicant at the official web site, and to block personal data of all persons whose personal data are contained in indictments and judgements published at the official web site”. As regards the State Court of Bosnia and Herzegovina and this issue, the Agency did not conduct administrative proceedings, but instead issued an Opinion No. 03-137-1-51-6/10 of 25 March 2010. 2. Legislative framework In order to understand the context within which the Personal Data Protection Agency acted, it is necessary to indicate the legislative framework, which includes, in particular, relevant provisions of the Law on Freedom of Access to Information, the Law on Personal Data Protection, and the Criminal Procedure Code. 2.1. Law on Free Access to Information The Law on Freedom of Access to Information prescribes that “information under the control of a public body is public good of value and public access to such information promotes greater openness and accountability, and all such information are necessary in a democratic process”. The Law further states that: “every person shall have the freedom of access to information to the greatest possible extent, pursuant to public interest, and public bodies have a corresponding obligation to publish information”. The Law sees personal information as “information related to a natural person Centar za društvena istraživanja | Godina 2 | Broj1 159 �Mr.sci. Jasminka Dzumhur who can be identified directly or indirectly through facts such as, but not limited to, identification number, or physical, mental, economic, ethnic, religious, cultural, or social identity of that person”. Provisions of this Law also prescribe that “legal acts adopted following this Law and whose aim is not to change this Law shall not limit any of the rights and duties set by this Law.” 1 Pursuant to this Law, every natural and legal person has the right of access to information under the control of a public body, and every public body has a corresponding obligation to publish such information. This right of access is subject only to formal actions and restrictions, regulated by law as such. Therefore, a competent authority may decide on exceptions from publication, on the basis of examination of each individual case and in relation to functions of public bodies, in relation to confidential commercial information and in cases of protection of privacy, including cases where personal information requested contains information related to the privacy of a third party. Prior to taking a final decision at the level of a public body, once information has been confirmed to be within the category of exceptions from freedom of access to information, and in order to prevent any abuse of such exceptions when they are not justified, the Law on Freedom of Access to Information requires that a “public interest test” must be conducted in each individual case. In cases when a public body decides that a piece of information may be an exception and that certain damage may be caused by its publication – it should publish such information if it believes that the publication of such information would generate greater benefit for the society. When deciding whether publication is justified by public interest, the public bodies must take into account the facts as well as the circumstances, in order to ascertain if the information contains any evidence of failure to observe legal obligations, unauthorised use of public funds, threat to health or safety of individuals, the society or the environment, and then treat the presence of these factors in such a was so as to give preference to publication. The right of access to information should be observed in light of the fact that this right ensures transparency, openness and accountability in the work of 1 Article 26, Para 4, Law on Freedom of Access to Information. Official Gazette of Bosnia and Herzegovina, No: 28/00, 45/06, 102/09 and 62/11. 160 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection institutions on all the levels of governance. At the same time, it allows natural and legal persons to reach more easily any information they need in order to exercise their rights and needs, it gives the country its advanced, democratic, and liberal legitimacy, and it increases the possibility for the public to control the work of institutions and all the holders of public office. This reduces the room for unlawful or irresponsible management of institutions, and ultimately strengthens civic and public trust in the institutions, holders of public office and administration. It arises from this that the main goals of the Law on Freedom of Information are:  To ensure greater transparency and openness of the work of public bodies and their greater accountability in their work and decision-making; this ensures accountability of public bodies in relation to the citizen and the public, and work in compliance with the will of the citizens who elect them and whose revenues finances the work of public bodies;  To improve democracy by promoting public participation in decision-making, since citizens cannot participate in social interaction unless they have information on what public bodies do and how; by securing access to information, they are given a possibility to control and evaluate the work of public bodies;  To contribute to the overall efficiency in decision-making and more rational public spending;  Freedom of access to information contributes in combating corruption and nepotism; it prevents negative phenomena in the society, and bad management in public bodies. 2.2. Law on Protection of Personal Data At the same time, the Law on Personal Data Protection is aimed at securing for all persons in the territory of Bosnia and Herzegovina adequate protection of their human rights and fundamental freedoms, and in particular the right to protection of the processing of data related to them. The Law defines personal data as any information related to a natural person that allow for identification of that person, whereas the holder of the data is a natural person whose identity can be established or identified, directly or indirectly, on the basis of a personal identification number and one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity. Article 6 of the Law on Personal Data Protection provides that the controller (data processor) may process data without explicit approval of the holder Centar za društvena istraživanja | Godina 2 | Broj1 161 �Mr.sci. Jasminka Dzumhur of such data, provided that certain conditions have been met. Some of those conditions are, inter alia, that the controller processes personal data in compliance with the law, or if the processing is necessary in order to exercise legally prescribed powers, or if personal data processing is required to fulfil tasks performed in public interest, or is necessary for the protection of legal rights and interests exercised by the controller or the user, and if such personal data processing is not contrary to the right of the data holder to protect his/her own private and personal life. Pursuant to the Law, the data controller may not give personal data to any user without previous notification to the data holder, and such data may be disclosed to a third party with no approval by the holder, if such disclosure is in public interest.2 Also, the holder of the data may not exercise the right to block or destroy personal data if the controller is obliged to process the data under special legislation or if such action would beach the rights of third parties. Personal data processing for the purpose of journalism, artistic or literary expression, shall be exercised in compliance with special legislation and codes of conduct.3 The controller is not obliged to provide notifications on personal data processing, if the data is processed purely for the purpose of statistics, scientific research, or archiving, or if the controller’s duty to process the data arises from the law, or if such data is necessary for exercising legally prescribed rights and duties. Once the holder of the data has established or suspects that the controller or the data processor have violated his/her rights or that there is a direct threat of such a violation, he/she may file a complaint with the Agency in order to ensure the protection of his/her rights. The Agency is an autonomous administrative organisation established for the purpose of personal data protection. The complaint is resolved through a decision of the Agency, forwarded to the application and the controller. Pursuant to the Law on Personal Data Protection, the Personal Data Protection Agency is obliged to secure supervision of implementation of the Law and other legislation on personal data processing, to act on complaints by data holders. At the same time, the Law prescribes that its provisions are to be taken into account in the application of the Law on Freedom of Access to Information.4 2 Article 17 of the Law on Personal Data Protection, Official Gazette of Bosnia and Herzegovina, No:49/06, 76/11 and 89/11 3 Idem, Article 19. 4 Idem, Article 54. 162 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection 2.3. Law on Criminal Procedure In addition to these two laws, the Office of the State Prosecutor of BiH5 and the State Court6 of BiH base their work on the Criminal Procedure Code7, which sets the principle of publicity as one of the basic principles – this is, of course, in reference to general public. The public nature of hearings includes the possibility of attending hearings and publication of judgements in the media. Unlawful exclusion of the public from a main hearing is a significant violation of criminal proceedings. 2.4. Action of Prosecutor Office and Court In light of the above, within the context of BiH legislation, pursuant to the Law on Freedom of Access to Information, the Office of the State Prosecutor and the State Court can be said to be public bodies that hold information of public interest and are obliged to secure access to information. At the same time, pursuant to the Law on Personal Data Protection, the Office of the State Prosecutor and the State Court of BiH are data controllers. This relates in particular to the data contained in the acts issued by the Office of the Prosecutor and the State Court, such as indictments, judgements or other acts. Article 6 of the Law on Personal Data Protection allows the controller to publish data without explicit consent of the data holder in cases of personal data processing in compliance with the Law or when such processing is necessary in order to fulfil legally prescribed duties and competences, or when necessary in the performance of duties that are in the public interest, and such personal data processing is not in breach of the rights of data holders to protect their private and personal life. As for the data of the above mentioned applicant who complained to the Personal Data Protection Agency, the Office of the Prosecutor and the Court of BiH processed her personal data in compliance with the Criminal Procedure Code, and such processing is necessary for the Court and the Prosecutor to be able to execute their authority in prosecuting criminal offences, as prescribed by the Law on the State Prosecutor and the Law on the State Court. It is clear that such processing is 5 The Law on the Prosecutor's Office, "Official Gazette of BiH", No. 49/09 - Revised text and 97/09 The Law on the Court of BiH, "Official Gazette of BiH", No. 49/09 - Revised text, 74/09 and 97/09 7 "Official Gazette of BiH", No.3/03, 32/03, 37/03, 54/04, 61/04, 30/05, 53/06, 55/06, 32/07, 8/10 and 47/14 6 Centar za društvena istraživanja | Godina 2 | Broj1 163 �Mr.sci. Jasminka Dzumhur necessary in order to administer justice, which is a task of public interest. Since the case related to a person of legal age who was under reasonable suspicion of having committed a criminal offence and was thus indicted, and other data did not indicate that personal data processing by means of publishing an indictment would in any way threaten her private or personal life, the State Prosecutor and the State Court of BiH acted in compliance with the Criminal Procedure Code and the Law on Freedom of Access to Information, and Article 6 of the Law on Personal Data Protection. 3. Action of the Personal Data Protection Agency In the given case from 2010, the Personal Data Protection Agency reacted to this action by the State Prosecutor and the State Court acted on the basis of the complaint by a citizen, and initiated an administrative procedure against the State Prosecutor, and eventually issued a decision which said that “the Office of the State Prosecutor of BiH is hereby advised to refrain from unlawful processing of the applicant’s personal data on the official web site, and to block personal data of all persons whose personal data are contained in indictments and judgements published on the official web site”. No appeal is possible against this decision of the Agency, and the only recourse is an administrative dispute in front of the BiH Court. At the same time, in relation to the State Court of BiH and the same case, the Agency did not conduct an administrative procedure, but rather issued an opinion No.: 03-1-37-1-51-6/10, dated 25 March 2010, elaborating that “this opinion wishes to achieve the aim of implementing the protection of the right to privacy in relation to the processing of personal data of persons whose data are published on the official web site of the State Court”. However, it is interesting to note that the competence for the administrative dispute related to a decision of the Agency rests with the State Court, which is exactly the reason why the Agency issued an opinion and not a decision. In its opinion the Agency requested the State Court to “issue or initiate the adoption of regulations that would set the rules of anonymity of personal data in indictments and judgements published on the official web site”. Thus, in one and the same situation with the same party and in relation to two different institutions, the State Prosecutor and the State Court, the Agency adopted two formally different legal acts with identical content. The Personal Data Protection Agency based its actions primarily on Article 4 of the Law on Personal Data Protection, which states that the controller is obliged 164 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection to process personal data fairly and lawfully, and that personal data collected for specific, explicit and lawful purposes must not be processed in any way that may not be in compliance with such purposes, and to process such data only to the extent necessary to reach a particular aim. It seems that from the point of view of actions of the State Prosecutor and the State Court in the given case, there is an issue of relevance of this provision, because the Prosecutor and the State Court processed personal data fairly and lawfully, in compliance it the Criminal Procedure Code, and they did not process the data in any way that may be in breach of the purpose of criminal proceedings. The data was processed only to the extent necessary to reach the aim of criminal proceedings. So, in the given case, there can be no reference to a new data processing that is not in relation to criminal proceedings, but rather the execution of another legal obligation of the State Prosecutor and the State Court, arising from the Law on Freedom of Access to Information and the Criminal Procedure Code, i.e. to inform the public about cases of greater public interest. The citizens have the right to know about who are the persons threatening public order by committing criminal offences, since publication of judgements is a form of prevention, which sends a clear message to the public as to what type of conduct is forbidden in the society. At the same time, publication of decisions of the State Prosecutor and the State Court gives their work greater transparency, increases their effectiveness, and improves their communication with the public. It should not be neglected that there is an effect of such publication on the victims of criminal offences. Publication of court rulings influences public awareness in relation to consequences of criminal offences and the fairness of punishment of the perpetrators. Of course, in all this, one should not neglect the need to protect an individual perpetrator, whose rights are clearly set by the Criminal Procedure Code and which follow the principles set by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the European Convention). In the given case, the applicant complained to the Personal Data Protection Agency for unlawful processing of her personal data by the State Prosecutor and the State Court of BiH, which is why the Agency issued a decision and an opinion, requesting these institutions to refrain from unlawful processing of the applicant’s personal data on the official web page, and to block personal data of all persons Centar za društvena istraživanja | Godina 2 | Broj1 165 �Mr.sci. Jasminka Dzumhur whose personal data are contained in indictments and judgements published on the official web page. It seems that in the given case, the Agency stepped outside the scope of decisions only on the basis of complaints filed, since the decision did not refer solely to the protection of personal data of the applicant, but also included personal data of any person that may be contained in indictments and judgements. Therefore, while acting on the basis of an individual complaint, the Agency issued a general act that sets the treatment of an unspecified group of individuals, although the complaint itself did not request it. However, the actual rights of the applicant and the manner in which they were violated by their publication in official decisions of the State Prosecutor and the State Court – remain unspecified. 4. Significance and the Role of the Public Interest Test Publication of court decisions is a matter of public interest and if there is a requirement to protect personal data of persons indicted or convicted in the interest of their privacy, which includes their personal data, then the competent authority is obliged to specify exceptions. Prior to any final decision at the level of the public authority, once it is decided that a particular piece of information falls within the category of exceptions form free access to information, to prevent the use of such exceptions when it is not necessary, the Law on Freedom of Access to Information requires that a “test of public interest” is conducted in each individual case. However, one should not disregard the possibility that when a public authority decides that a piece of information may be subject to exceptions and that its publication may cause certain damages, the information may have to be published if it is evident that its publication would achieve greater benefit for the society. When deciding if publication is justified by public interest, the public authority must take into account the issue whether such information contains any evidence on the failure to observe legal obligations, unauthorised spending of public funds, threat to health and safety of individuals or the environment, and treat the presence of such factors in such a way so as to give preference to publication of such information. In the given case, it is exactly the type of information related to the safety of individuals and the society at large, since the information contains data related to a criminal offence and its perpetrator. This fact is indeed a factor that gives preference to publication, even if such information could be treated as an exception. 166 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection In the given case, there is clearly a conflict between the right of an individual seeking protection of personal data which are an integral part of a court document confirming unlawful action by this individual that the public should know about. So, there is clearly public interest. The media are usually the transmitter of such information between the public authority and the citizens, which the requires the public authority to provide the media with such information, in compliance with its competences and duties as a public authority, since the courts are the safeguards of justice and play a fundamental role in any state with the rule of law, which is why they must ensure public confidence. 5. Practice of the European Court for Human Rights This issue can also be observed in light of Article 10 of the European Convention, which guarantees the right to freedom of expression, including the right to freedom of thought and the right to receive and transmit information and ideas with no interference from public authorities and regardless of frontier. Freedom of expression is one of the foundations of democratic society and one of the basic preconditions for its progress and development, With conditions set by paragraph 2, Article 10 is applicable not only to “information” and “ideas” received positively or considered inoffensive or caused by ignorance, but also to those information that insult, shock or disturb the state or one segment of the population. Those are the requirements of pluralism, tolerance and broadmindedness, without which there can be no “democratic society”.8 Furthermore, the European Court of Human Rights (hereinafter: the European Court) indicates that “it is not sufficient to have the freedom to receive and give information; access to technical means is equally important”.9 This means that Article 10 is not only applicable to the content of information, but also the means of transmitting or receiving such information, and any restriction imposed on such means is an interference with the right to receive or transmit information. In relation to the given case, the Personal Data Protection Agency set a restriction on transmission of information by means of a web site. 8 In Handyside v. UK, the Court underscored the fundamental nature of the freedom embodied in Article 10 (7 December 1976, Series A no. 24, p. 23, para. 49). 9 Autronic AG. Centar za društvena istraživanja | Godina 2 | Broj1 167 �Mr.sci. Jasminka Dzumhur Article 10 of the European Convention brings with it certain duties and obligations, which is why it may be subject to certain formalities, conditions, restrictions and sanctions, as set by law and necessary in a democratic society, but only in the interest of national security, territorial integrity or public safety, and for the purpose of preventing public disorder or crime, and to protect health and morals, to protect reputation and the rights of others, or to prevent disclosure of information received in confidence, or to maintain authority or impartiality of the judiciary. It is important to underline that there is an obligation to ensure that such restrictions must be “prescribed by law”, as well as “necessary” and for the purpose of achieving one of the aforementioned “legitimate aims”. If we examine the given case, we can see that the restriction on publication of acts by the State Prosecutor and the State Court that contain personal data of persons indicted or convicted by the Court is not as such prescribed by law; instead, such a restriction is based specifically on the measure issued by an administrative organisation for personal data protection. The Parliamentary Assembly of BiH as the state legislature has never considered this issue or taken a position on it, which would certainly be an important element, since it was this body that adopted the Law on Freedom of Access of Information and the Law on Personal Data Protection, which are clearly in collision when applied. This situation causes confusion among the public and creates legal uncertainty. This is particularly important from the point of view of victims, who thus see that the state is more concerned with the protection of persons who commit crimes, rather than with the issue of protection of victims of those crimes. As for the need to have a legal basis, one can refer to a judgement by the European Court in the case of Vgt VereinGegen Tierfabriken v. Switzerland of 28 June 2001,10 where the Court refers to its own case-law and states that the phrase “in compliance with the law” requires not only that the disputed measures must have a basis in domestic legislation, but also refers to the quality of such legislation, asking that it should be accessible to the person it affects, and to be predictable in terms of the consequences it may cause. There is an obligation under Article 10, paragraph 2, that interference with the freedom of expression must be “prescribed by law”, similar to the obligation contained in Article 5, paragraph 1 of the European Convention, whereby ay deprivation of liberty must be “lawful”.11 10 11 Application no. 24699/94, para. 52. Öztürk v. Turkey, judgement, 28 September 1999, Reports 1999-VI, paras 51-57. 168 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection As stated by Article 10 of the European Convention, freedom of expression is subject to exceptions which, on the other hand, must be set strictly, and the need for any such restrictions must be set convincingly.12 For the purpose of Article 10, paragraph 2 of the European Convention, necessity implies the existence of a “pressing social need”. Contracting parties have a certain margin of appreciation when deciding whether such a need exists, but this goes together with European supervision, which includes the law and the decision that implements it, even when such a decision is made by an independent tribunal.13 Therefore, the act issued by the Personal Data Protection Agency did not seem to contain the necessity required by Article 10, paragraph 3 of the European Convention, nor was it based on a law; instead, it was issued on the basis of free assessment in the application of the Law on Personal Data Protection. This raises the issue whether the interference was “proportional to the legitimate aim sought to be achieved” and whether the reasons offered as justification were “relevant and sufficient”.14 The Personal Data Protection Agency justifies its interference with freedom of expression with the need to protect personal data of the applicant, published on the official web site of the State Prosecutor and the State Court of BiH. However, in its administrative act, the Agency did not request the Prosecutor to remove the personal data of the applicant contained in the indictment, but rather warns the Office of the Prosecutor to refrain from unlawful processing of the applicant’s personal data, and to block personal data of any person whose personal data are contained in indictments and judgements published on the official web page”. It arises from this that the Agency itself assessed that the Prosecutor and the Court processed the data unlawfully, although the processing itself was done pursuant to the Criminal Procedure Code and Article 6 of the Law on Personal Data Protection. The actual basis for the Agency, as an administrative organisation, to make an evaluation that the State Prosecutor and the State Court acted unlawfully remains unclear and unresolved, particularly in light of the fact that it is the State Court that 12 Handyside v. UK, judgement, 7 December 1976, Series A no. 24, p. 23, para 49 Lingens v. Austria, judgement, 8 July 1986, Series A no. 103, p. 26, para. 41; and Jersild v. Denmark, 23 September 1994, Series A no. 298, p. 23, para 31. 13 Lingens, judgement, p. 25, para. 39. 14 Lingens, judgement, pp. 25-26, para 40, and Barfod v. Denmark, judgement, 22 February 1989, Series A no. 149, p. 12, para 28. Centar za društvena istraživanja | Godina 2 | Broj1 169 �Mr.sci. Jasminka Dzumhur is competent to examine complaints in administrative disputes against decisions of the Agency itself. Therefore, on one hand there is the requirement advocated by the Personal Data Protection Agency, to protect personal data of the applicant, irrespective of the public interest and without conducting a public interest test, asset by the Law on Freedom of Access to Information, since this Law is obligatory for the Agency itself. On the other hand, there is the requirement of public interest in keeping the public informed about the work of the Prosecutor and the Court as an important instrument of transparency, significant for a democratic society. In its action, the Agency failed to demonstrate the existence of proportionality between the applicants’s right to personal data protection and the right of the public to receive information about the work of the Prosecutor and the Court, commission of crimes and actions taken against their perpetrators, which is important from the point of view of prevention. This action by the Agency as an administrative organisation questions the independence of the judiciary and is in itself a direct interference with their work. According to the European Court, it is generally accepted that courts cannot operate in a vacuum. 6. Conclusion Although they are forums for resolving disputes, this does not mean that such disputes cannot be discussed prior to resolution, be it in specialised publications, in the general press or in the public. Furthermore, although mass media must not cross the boundaries imposed by the interest of proper administration of justice, it is their job to transmit information and ideas that come before the court, same as in any other area of public interest. Not only are the media tasked with transmitting such information and ideas, but also the public has the right to receive them. This position was elaborated in the European Court’s judgement in the case of Sunday Times v. UK (no. 1) of 26 April 1979, Series A no. 30. The Court indicated that the victims’ families had the right to information, or rather that they had […] a vital interest to find out all the basic facts and possible resolutions. They could have been deprived of such information, which were crucial to them, only if it was almost absolutely certain that the provision of such information was a threat to the “authority of the judiciary”, which in the given situation was not the case. 170 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection When speaking about proportionality in issues of protection of individuals in relation to public interest, it is important to underscore the case Goodwin v United Kingdom15 where the Court did not reach a conclusion that the unquestionable interest of Dr. R. to protect his professional reputation was sufficient to outweigh the important public interest for the press to have the freedom to transmit information of legitimate public interest. In short, the reasons offered by the respondent state, however relevant, were not sufficient to demonstrate that the interference complained of was “necessary in a democratic society.” The Court held that there was no reasonable proportionality between the restrictions imposed by the High Court’s measures on the applicant’s right to freedom of expression and the legitimate aim sought. Therefore, the principal obligation of the state pursuant to Article 10 is to refrain from unlawful interference with the enjoyment of the right to freedom of expression, which includes prohibition to distribute information. Greater weight needs to be given to the legitimate interest of the public to be informed about criminal proceedings. Such a position is also in the spirit of Article 6, paragraph 1 of the European Convention, where the public nature of court proceedings protects the parties from any judicial decisions being made in secret, with no public control. This is also one of the means for the state to maintain trust in the court system, thus making the judicial function visible; its openness to the public serves the purpose of Article 6, paragraph 1, i.e. the right to a fair trial, which is in itself one of the fundamental principles of any democratic society within the meaning set by the Convention.16 One should certainly recall the Recommendation of the Committee of Ministers of the Council of Europe to member states on the provision of information related to criminal proceedings through the media, Rec (2003) 13, adopted on 10 July 2003. According to the Recommendation, the public must be able to receive through the media any information related to activities of the judiciary and the police. Journalists must be able to report and comment freely on 15 Goodwin v. UK, judgement, 27 March 1996, Reports 1996-II, p. 500, para. 39, and Fressoz and Roire v. France [GC], no. 29183/95, para. 54, ECHR 1999-I). 16 Golder judgement, 21 February 1975, Series A no. 18, p. 18, para. 36, and Lawless judgement, 14 November 1960, Series A no. 1, p. 13). Centar za društvena istraživanja | Godina 2 | Broj1 171 �Mr.sci. Jasminka Dzumhur the functioning of the judicial system, with restrictions and with the respect for the presumption of innocence, as well as accuracy, which means that the authorities should provide the media only with information that have been confirmed or have been based on reasonable assumptions. When the press have information on current cases, obtained lawfully from the judiciary o the police, the authorities have an obligation to make such information available to any media that request it, with no discrimination. The recommendation also indicates that within the context of criminal proceedings that receive particular public attention, the judiciary should inform the media about its substantive action for as long as this does not prejudice the confidentiality of investigation or delays the outcome of the proceedings. In cases of lengthy criminal proceedings, such information should be provided on regular basis. At the same time, provision of information on criminal proceedings must take into account the protection of privacy of the parties for the purpose of Article 8 of the European Convention, with particular focus on the protection of minors, victims, family members of the suspects, etc. The press should attend public hearings and public delivery of judgements, with no discrimination and with no prior accreditation requirement. Unfortunately, despite the international context set in this way, acting under the decision by the Agency, the Office of the Prosecutor of BiH withdrew all the indictments from its web page, with the possibility for interested parties to file a request to receive indictments, but in an edited form, with all the data related to indicted persons and witnesses blocked, as well as results of investigations, with only the name of the indicted person available as the only element of personal data. In further procedure, in early February 2012, the State Prosecutor issued an internal decision to make all the indictments anonymous, and the same act prohibited any publication of indictments. Therefore, a complaint regarding publication of personal data in an indictment issued by the State Prosecutor of BiH resulted in an act by an administrative organisation for personal data protection, whose administrative decision secured personal data protection of persons indicted, with total disregard, for public interest. 172 Društveni ogledi - Časopis za pravnu teoriju i praksu �Colliding Effects of Freedom of Access to Information and Personal Data Protection Similar situations happen in other states and there are different practices. This creates the need for national human rights institutions to take a common position that should be the basis for their action, particularly in order to prevent violations of the right to freedom of access to information. This presentation has been a small contribution to the process of creating an environment that would reaffirm the role of national human rights institutions as the beacon of accountability of transparency, always aimed at securing the right to freedom of access to information. 7. Literature                   European Convention for the Protection of Human Rights and Fundamental Freedoms Code of Criminal Procedure, "Official Gazette of Bosnia and Herzegovina", No. 3/03, 32/03, 37/03, 54/04, 61/04, 30/05, 53/06, 55/06, 32/07, 8/10 and 47/14 Law on Free Access to Information, „Official Gazette of Bosnia and Herzegovina", No. 28/00, 45/06, 102/09 and 62/11 Law on the Court of Bosnia and Herzegovina, "Official Gazette of Bosnia and Herzegovina", No. 49/09 – Consolidated text, 74/09 and 97/09 Law on the Prosecutor's Office, "Official Gazette of Bosnia and Herzegovina", No. 49/09 - Consolidated text and 97/09 Law on Protection of Personal Data, "Official Gazette of Bosnia and Herzegovina", No. 49/06, 76/11 and 89/11 Judgments of the European Court of Human Rights: Öztürk v. Turkey (GC), No. 22479/93, judgment of 28 September 1999, Reports 1999-VI Handyside v. United Kingdom case of 7 December 1976, Series A, No 24 Lingens v. Austria, judgment of 8 July 1986, Series A, No. 103 Jersild v. Denmark, 23 September 1994, Series A, No. 298 VGT VereinGegen Tierfabriken against Switzerland from 28th June 2001 Barfod v. Denmark of 22 February 1989, Series A, No. 149 Sunday Times v. United Kingdom ( no. 1 ) of 26 April 1979, Series A, No. 30 Goodwin v. United Kingdom of 27 March 1996, Reports 1996- II Fressoz and Roire v France [GC ], no . 29183/95 , § 54 , ECHR 1999 -I) Golder of 21 February 1975, Series A, No. 18 Lawless of 14 November 1960, Series A, No. 1. Centar za društvena istraživanja | Godina 2 | Broj1 173 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 2854 Title A name given to the resource Colliding Effects of Freedom of Access to Information and Personal Data Protection Author Author Dzumhur, Jasminka Abstract A summary of the resource. Abstract: Significant efforts were taken in BiH in the adoption of legislation guarantying the rule of law and human rights. In the framework of this activity the Law on Freedom of Access to Information and the Law on Personal Data Protection were adopted. Unfortunately, practice in some cases shows present of conflict in implementation of those two laws. The most recent example is the case in which the Personal Data Protection Agency of Bosnia and Herzegovina conducted the administrative proceedings against the Prosecutor’s Office and the Court of Bosnia and Herzegovina for handling of personal data of accused and convicted persons at their official web-sites. As a result of these proceedings, The Personal Data Protection Agency adopted a decision warning the Prosecutor’s Office and the Court of BiH to refrain from such illegal complainant’s data handling and asking them to block personal data of all the persons comprised in the indictments and court decisions posted on its official web-site. This paper analyzes the consequences of the action of the Agency for Protection of Personal Data from perspective of international human rights standards and international jurisprudence and its impact on the justice, rule of law and human rights in the judicial sector. Publisher An entity responsible for making the resource available International Burch University Date A point or period of time associated with an event in the lifecycle of the resource 2015 Keywords Keywords. Article PeerReviewed Identifier An unambiguous reference to the resource within a given context ISSN 2303-5706 K Law (General) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 824 Title A name given to the resource Collocational Knowledge and the Effect of the Mainstream Language Author Author Ilerten, Ferda Abstract A summary of the resource. The effect of the second language on the first has been investigated in various domains and this effect can be visible in the lexicon even in the first few years. Thus, in order to understand whether a group or individuals undergo some changes in the first language, it may be useful to start with the lexicon. Since the vocabulary is defined as the most “vulnerable”(de Bot&Weltens,1993) part, collocational knowledge was chosen as the unit to investigate. The study was conducted in the USA with 22 participants, 12 of whom were the first generation immigrants and 10 of whom represented the second generation, the children born to first generation immigrant parents. Also 15 Turkish people living in Turkey participated as the control group. (A pilot study was also conducted in the Netherlands) In order to see whether L2 English has an effect on the collocational knowledge of L1 Turkish in the first and the second generation, four questions were directed: -Does prolonged contact (10 years or more) with an L2 have an effect on L1 collocational knowledge? -How well can the first and the second generation immigrants recognise non-native-like collocations compared to Turkish L1 speakers in Turkey? -Does the performance differ in context based and non context based tasks? -How is the correctness judgement of collocations related to sociolinguistic variables? (Laufer 2003) Four tests were used in evaluating the collocational knowledge; naturalistic data, multiple choice test, translation task and finally they were presented cloze tests. Also in order to get sociolinguistic data, biodata forms were given and interviews were made.. In the interviews, the participants reflected their opinions about the homeland and their mother tongue. The results have shown that although the first generation immigrants showed that their L1 has influenced to some extent, the second generation immigrants has an immense loss or they could not acquire the language fully. Date A point or period of time associated with an event in the lifecycle of the resource 2012-05 Keywords Keywords. Conference or Workshop Item PeerReviewed P Philology. Linguistics https://omeka.ibu.edu.ba/files/original/12e3f17de9b0e90606d47caa6ad09f60.pdf 006c07311a567400a76719e99abf843c PDF Text Text Journal of Education and Humanities Volume 3 (2), pp. 23-32, Winter 2020 Original research paper ISSN 2566-4638 © International Burch University Colonizing the Mind: A Dialectic Approach to Education and Language in Zitkala-Ša’s American Indian Stories Adisa Ahmetspahić, MA University of Zenica, Bosnia and Herzegovina ahmetspahicadisa1@gmail.com Abstract: Mind colonization has been a burning issue in the last few decades in the fields of science and humanities. It is argued that mind colonization of the indigenous populations has been conducted via education and language in the mission of ‘civilizing’ since education and language carry culture specific sets of meaning, including knowledge and truth which condition our perception of the world. Zitkala-Ša is one of the earliest Native American authors and activists who sought to subvert the epistemological hierarchy imposed through mind colonization. Zitkala-Ša’s autobiographical collection of short stories titled American Indian Stories (1921) documents her boarding school experience and the acquisition of the colonizer’s education and language. The present paper seeks to address mind colonization through language and education on the example of Zitkala-Ša’s American Indian Stories relying on a number of theories and approaches. The paper also reflects on the importance of Zitkala-Ša mastery of the colonizer’s language. Keywords: Native American, mind colonization, education, language, boarding schools Article History Submitted: 3 November 2020 Accepted: 28 December 2020 �Journal of Education and Humanities Volume 3, Issue 2, Winter 2020 1. INTRODUCTION Native American self-determination and activism officially began with the formation of the Red Power Movement in the 1960s. The Red Power Movement emerged when the US Congress sought to abolish tribal organization by relocating Native American communities off the reservations, thus enticing assimilation. Cross-country protests, the seizure of Alcatraz Island and Wounded Knee occupation were all part of Native American appeal for self-government and self-redefinition caused by “the political and economic threats to indigenous people, land, and sovereignty” (Coulombe, 2001, p. 34-35). Writers and scholars, such as Vine Deloria Jr. with his book Custer Died for Your Sins: An Indian Manifesto (1969), also partook in the movement for the Native American cause. Nevertheless, Native American activism had begun in the sixteenth, seventeenth, and eighteenth centuries as evident in the speeches by Native American chiefs who advocated Native American right to sovereigntyi. Although frequently overlooked and neglected, the personage of ZitkalaŠa (original name: Gertrude Simmons Bonnin), a Yankton Sioux, is illustrious both for her literary oeuvre and ardent activism which sought to promote the rights of the Native American population and resist colonial binarities. ZitkalaŠa graduated from Quaker boarding school in Wabash, Indiana and Earlham College in Richmond, Indiana. She obtained a diploma in teaching and afterwards worked at the Pennsylvania Carlisle Indian Industrial School (Fisher, 1979, pp. v-xii). As noted by Tadeusz Lewandowski in his study of Zitkala-Ša’s luminary titled Red Bird, Red Power: The Life and Legacy of Zitkala-Ša (2016), Gertrude Simmons Bonnin’s embracement of the name Zitkala-Ša (Red Bird) and her zealous nature adumbrated the pan-Indian solidarity and the formation of Red Power groups. Zitkala-Ša’s essays, public speeches, and establishment of the National Council of American Indians in 1926 make her a predecessor to the midtwentieth century Native American (female) activism (Lewandowski, 2016, p. 14). In a similar vein, Mary A. Stout describes Zitkala-Ša’s literary opus as follows: “Although she wrote as an American Indian and a female at a time when few similar voices were being heard, she did not flinch, nor did she moderate her voice” (303). Much of Zitkala-Ša’s life is known from her autobiographical stories and essays collectively known as American Indian Stories (1921). This particular work is deemed to be one of the earliest examples of unaided autobiographical writing, i.e. without any mediators such as interpreters or editors. The stories and essays are concerned with her Native American childhood, teenage years spent at the boarding school in Carlisle, and her subsequent life and work (Fisher, 1979, pp. v-vi). American Indian Stories has been a frequent topic in the analyses of ZitkalaŠa’s and Native American biculturality and double consciousness as well as boarding school experience. However, little attention has been paid to education and language in American Indian Stories and no attention to education and language as a mind colonizing weapon on the example of this short story 24 �Colonizing the Mind: A Dialectic Approach to Education and Language in Zitkala-Ša’s American Indian Stories Adisa Ahmetspahić collection. The present paper argues that education and language are some of the most powerful armory in mind colonization. American Indian Stories shows that both education and language carry culture specific sets of meaning, including knowledge and truth which condition our perception of the world. Another notable aspect of this short story collection is its discussion on how resettlement and mind colonization work together towards the erasure of the colonized. It can be inferred that Zitkala-Ša is one of the earliest Native American authors and activists who sought to subvert the epistemological hierarchy imposed through mind colonization. The paper takes a dialectic approach in its analysis, relying on a number of differing theories and studies, including those by Homi Bhabha, Michel Foucault, and Abdul JanMohamed, which speak of power/knowledge relations in the (post-) colonial context and the reversal of these relations. The contrariety of the theories is not discussed due to space constraints and the thematic preoccupation of the paper. Therefore, the working of the theories toward the idea of mind colonization is paid more heed. 2. COLONIZING THE MIND: EDUCATION AND THE ENGLISH LANGUAGE IN AMERICAN INDIAN STORIES Boarding schools are considered to be only one among a plethora of the assimilation policies imposed upon the Native American population. The inception of boarding schools is traced to 1860s when the Bureau of Indian Affairs founded the first boarding school on the Yakima reservation. “Kill the Indian Save the Man”, coined by Richard Henry Pratt who established Carlisle Indian School, was the boarding schools’ raison d'être (“History and Culture”, n.d.). Pratt’s motto is evocative of the Manichean understanding of the world as a series of antagonistic structures, e.g. good-bad, light-dark. In the (post-) colonial context, the term was used by JanMohamed in Manichean Aesthetics: The Politics of Literature in Colonial Africa (1983) to denote the colonial relations in terms of conflicting categories between the colonizer (‘good’, ‘civilized’) and the colonized (‘bad’, ‘degenerate’): The colonial world is a Manichean world. It is not enough for the settler to delimit physically, that is to say with the help of the army and the police force, the place of the native. As if to show the totalitarian character of colonial exploitation the settler paints the native as a sort of quintessence of evil …. The native is declared insensible to ethics; he represents not only the absence of values, but also the negation of values. He is, let us dare admit, the enemy of values, and in this sense he is the absolute evil. (as cited in JanMohamed, 1983, p. 4) Such understanding of the world endorses the legitimacy of colonial claims for the usurpation of the land as well as the usurpation of the mind conducted through boarding schools. However, both types of usurpation are 25 �Journal of Education and Humanities Volume 3, Issue 2, Winter 2020 tightly linked as argued by Teresa L. McCarty. Based on the US legal documents, McCarty concludes that there is a link between education and land balkanization. In 1887, Senator Henry Dawes formulated a policy known as The General Allotment Act, or Dawes Act. The policy presented an appeal for the partition “of reservation lands into 160 acre family parcels, with the surplus to be sold to the whites.” (McCarty, 2013, pp. 51-52). Concurrently, a law requiring education for all Native American children was passed. Parents who did not abide by this law were imprisoned. In other words, sequential physical and mental larceny would ensure a faster erasure of Native American cultures (McCarty, 2013, pp. 51-52). According to John McLeod, “[c]olonialism uses educational institutions to augment the perceived legitimacy and propriety of itself, as well as providing the means by which colonial power can be maintained” (2000, p.140). Perceived legitimacy of the colonizer originates from the perceived epistemological hierarchy. According to Foucault, epistemological hierarchy is engendered by power/knowledge relations, especially disciplinary power as the one practiced at boarding schools, whereby power shapes knowledge to hew the purposes of those who possess the power. Foucault further suggests that if knowledge signifies and/or produces the truth and if knowledge is conditioned by power, it follows that truth also is a protean notion conditioned by power: ‘Truth’ is to be understood as a system of ordered procedures for the production, regulation, distribution, circulation and operation of statements. ‘Truth’ is linked in a circular relation with systems of power which produce and sustain it, and to effects of power which it induces and which extend it. (Foucault, 1980, p.133) Manifest Destiny is a fitting example of the above-mentioned interpretation of truth as a concept strongly attached to “the forms of hegemony, social, economic and cultural, within which it operates at the present time” (Foucault, 1980, p.133). Apart from having been a justification for imperial and colonial expansion, Manifest Destiny was a firm belief that the English nation was chosen by God, on account of its supremacy in all aspects of life, to eradicate what they deemed to be savage customs in the indigenous population. In the words of Ngũgĩ wa Thiong’o, the colonizers attempted to change “the mental universe of the colonized” (1986, p.16) and to succumb the colonized to their version of truth. As mentioned previously, education, which implies the acquisition of the colonizer’s language in this context, is one of the methods of mind colonization. The recruitment of Native American children for boarding schools was mostly performed by Christian missionaries. In 1632, Gabriel Sagard, a missionary, informed that Native American languages are “defective in words for many things…like Trinity, Glory, paradise, Hell, Church etc.” (as cited in Irwin,2002, p. 106). Sagard’s words reflect the Eurocentric view of the world and Foucauldian notion of truth. Sagard as a member of the colonizer’s race was able to postulate his knowledge of the world 26 �Colonizing the Mind: A Dialectic Approach to Education and Language in Zitkala-Ša’s American Indian Stories Adisa Ahmetspahić as a fact. Zitkala-Ša’s first contact with the missionaries confirms Sagard’s previously mentioned words. The missionaries seized the imagination of Native American children by telling them stories of “a more beautiful country than [Native American]” (Zitkala-Ša, 1979, p. 39), and a country where grew red, red apples; and how we could reach out our hands and pick all the red apples we could eat. I had never seen apples. I had never tasted more than a dozen red apples in my life; and when I heard of the orchards of the East, I was eager to roam among them. (Zitkala-Ša, 1979, pp. 41-41) The excerpts point to a patronizing perspective that compares worldviews and favors one over the other as a fixed idea of truth which, as Foucault states, “induces pleasure, forms knowledge, produces discourse” (Foucault, 1980, p.119). The missionaries’ presentations of the country induced pleasure in the minds of Zitkala-Ša and other Native American children since they pleaded with their mothers to let them go with the missionaries. Simultaneously, the missionaries formed knowledge and presented definite truths that places where Native Americans resided were not beautiful, thus instilling epistemological hierarchy in their minds and ultimately the genesis of the inferiority complex as well as the prosperity of the superiority complex. JanMohamed argues that “[s]uch claims, designed to rationalize and perpetuate the colonizer’s dominant position, are not accurate appraisals of reality but rather projections of the settler’s own anxieties and negative self-images” (1983, p. 3). As presented further in the narrative, the children were subjected to strict educational and dietary regimes. Upon their arrival, they had their clothes taken away and soon after their hair cut. In the story titled “The Cutting of My Long Hair”, Zitkala-Ša recounts the moment when her braids, cultural markers, were cut off. Zitkala-Ša realized the gravity of the situation because “[their] mothers had taught [them] that only unskilled warriors who were captured had their hair shingled by the enemy. Among our people, short hair was worn by mourners, and shingled hair by cowards” (Zitkala-Ša, 1979, p. 54). Without her braids, she would also be considered a coward defeated in a different type of battle. Along with the loss of hair, she felt the loss of her spirit which was invested in the Native American system of beliefs. The above-mentioned practices of haircutting and the imposition of the colonizer’s attire would prove viable in the process of mind colonization. As an adult Zitkala-Ša reflects back on Native American education in the light of the attitude that such cruel treatment is a method of ‘civilizing’: In this fashion many have passed idly through the Indian schools during the last decade, afterward to boast of their charity to the North American Indian. But few there are who have paused to question whether real life or long-lasting death lies beneath this semblance of civilization. (Zitkala-Ša, 1979, p. 99) 27 �Journal of Education and Humanities Volume 3, Issue 2, Winter 2020 Zitkala-Ša’s words speaking about death, a long-lasting one, hint at genocide though a cultural one. George E. Tinker maintains that cultural genocide involves the destruction of those cultural structures of existence that give people a sense of holistic and communal integrity. [...]Finally, it erodes a people’s self-image as a whole people by attacking or belittling every aspect of native culture. (1993, p. 6) In addition to clothingii, which, in Tinker’s terms, constitutes cultural practices, language is another structure that provides people with identity and a structure frequently used in cultural genocide. For wa Thiong’o, language is the most straightforward method of mind colonization since language carries cultures and histories which in turn carry “the entire body of values by which we come to perceive ourselves and our place in the world” (1986, p. 16). On a similar note, Foucault perceives knowledge and language as inextricable concepts of the mind: “It is in one and the same movement that the mind speaks and knows. [...] Hence the possibility of writing a history of freedom and slavery based upon languages” (Foucault, 2005, pp. 95-97). When translated into the world of colonialism, Foucault’s argument would indicate that if the colonizer’s language is imposed then the colonizer’s truth is imposed through it. Rules against speaking Native American languages at boarding schools were strict and punishments were severe. One of the Comissioners of Indian Affairs, Hiram Price, explains the “No Indian Talk” rule: “The Indian child … must be compelled to adopt the English language.” (as cited in McCarty, 2013, pp. 52-53). John D.C. Attkins, another Commisioner, expounds the same: “There is not an Indian pupil … who is permitted to study any other language than our own” (as cited in McCarty, 2013, pp. 52-53). The above-referenced insistence upon the acquistion of the English language by the indigenous population has several interpretations. Tove Skutnabb-Kangas and Robert Dunbar’s study Indigenous Children’s Education as Linguistic Genocide and a Crime Against Humanity? A Global View (2010) highlights linguicism, “linguistically argued racism”, as one of the leading arguments for English language learning and a more subtle method of subduing minority groups (p. 41). According to Skutnabb-Kangas and Dunbar, linguicism leads to linguicide, the genocidal campaign against indigenous languages (2010, p. 40), which concurs well with cultural genocide mentioned above. However, there is a political dimension to it which argues for the augmentation of dominance. Bill Ashcroft et al’s definition of language in the process of colonization is rooted in the main tenets of power/knowledge relations introduced by Foucault as outlined earlier in the paper. Ashcroft et al argue that language is “the medium through which a hierarchical structure of power is perpetuated, and the medium through which conceptions of ‘truth’, ‘order’, and ‘reality’ become established” (2002, p. 7). 28 �Colonizing the Mind: A Dialectic Approach to Education and Language in Zitkala-Ša’s American Indian Stories Adisa Ahmetspahić Zitkala-Ša reverts the idea of power by excelling in the colonizer’s language. Zitkala-Ša’s objective can be traced to her schooldays. It is mentioned in the story collection that a series of language misunderstandings occurred at school. The confusions resulted in severe beatings of the children and ignited young Zitkala-Ša contempt of such an education: “Within a year I was able to express myself somewhat in broken English. As soon as I comprehended a part of what was said and done, a mischievous spirit of revenge possessed me” (Zitkala-Ša, 1979, p. 59).Soon after, she began attending oratory competitions as the college representative. In one of the competitions, Zitkala-Ša faced blatant racism when some college rowdies threw out a large white flag, with a drawing of a most forlorn Indian girl on it. Under this they had printed in bold black letters words that ridiculed the college that was represented by “squaw”. (Zitkala-Ša, 1979, p. 79) The rest of story has it that she won the competition and that“[t]he he evil spirit laughed within [her] when the white flag dropped out of sight, and the hands which hurled it hung limp in defeat” (Zitkala-Ša, 1979, 80). Despite her momentary feelings of triumph, Zitkala-Ša is aware of how the education at boarding schools altered her identity, as presented in “The Four Strage Summers” story: During this time I seemed to hang in the hearts of chaos, beyond the touch or voice of human aid. My brother, being almost ten years my senior, did not quite understand my feelings. My mother had never gone inside of a school house and so she was not capable of comforting her daughter who could read and write. Even nature seemed to have no place for me. I was neither a wee girl nor a tall one; neither a wild Indian nor a tame one. This deplorable situation was the effect of my brief course in the East, and the unsatisfactory “teenth” in a girl’s years. (Zitkala-Ša, 1979, p. 69) Zitkala-Ša’s feelings of (un)belonging or the state of in-betweeness are ascribed to her partial immersion into both cultures precipitated by her education as a Native American at the boarding school. JanMohamed problematizes the position of the colonized after colonial education as a double bind position that is unable to espouse any of the two polarities: if he chooses conservatively and remains loyal to his indigenous culture, then he opts to stay in a calcified society whose developmental momentum has been checked by colonization. If, however, the colonized person chooses assimilation, then he is trapped in a form of historical catalepsy because colonial education severs him from his own past. (1983, p. 5) 29 �Journal of Education and Humanities Volume 3, Issue 2, Winter 2020 Zitkala-Ša’s Native American community, represented by her mother, shunned the education of the colonizer for its goals and methods, which she speaks of in the story “Incurring My Mother’s Displeasure:” “Her few words hinted that I had better give up my slow attempt to learn the white man’s ways” (Zitkala-Ša, 1979, p. 76). It is revealed throughout the stories that Zitkala-Ša’s mother held a grudge against her decision to go to college for a long period of time since her mother perceived the act as something that would deepen the chasm of acculturation. As outlined in the above-quoted section, Zitkala-Ša felt she did not belong fully to her Native American community any longer. Similarly, the white community did not see her as an equal, even after she had attained their education and started working as a teacher at Carlisle, evident when her employer told her the following: ““I am going to turn you loose to pasture!” He was sending me West to gather Indian pupils for the school, and this was his way of expressing it” (Zitkala-Ša, 1979, p. 85). He is assuming a condescending attitude and categorizing her as if she were a chained animal that would be given freedom by those who possess the power over it. Bhabha defines the double bind position mentioned previously as Third Space. For Bhabha, the friction between antagonistic/manicheancultures, which have opposing truths, assists the emanation of new identities. According to Bhabha, although dangerous, this position need not necessarily be unfavorable since the “interstitial passage between fixed identifications opens up the possibility of a cultural hybridity that entertains difference without an assumed or imposed hierarchy” (Bhabha, 1994, p. 4). Hence, Bhabha’s theory might be beneficial in analyzing Zitkala-Ša’s ability to appropriate education and language as a power reversal strategy that would benefit her in spreading the Native American cause in the language of the colonizer. It seems as if Zitkala-Ša followed Ema LaRocque’s formulation: “I have sought to master this language so that it would no longer master me” (as cited in McLeod, 2000, p. 125). Ashcroft et al argue that writing in English would prove high-yielding for many Native Americans since the language enabled them “to intervene more readily in the dominant discourse, to interpolate their own cultural realities, or use that dominant language to describe those realities to a wide audience of readers” (2007, p. 16). The significance of Zitkala-Ša’s boarding schools experience and mastery of the English language could be paralleled to Diane Glancy’s (Cherokee) chronicle of events at Fort Marion prison titled Fort Marion Prisoners and The Trauma of Native Education (2014). According to Glancy’s study, about seventytwo Plains Indian warriors were captured and imprisoned after the Red River War (1874-1875). A rigorous regime was installed in the prison. The prisoners were stripped off their clothes and their hair was cut. They were also taught English and given ledger books to produce paintings and drawings for profit. Glancy provides a number of these drawings which, surprisingly, portray Native American battles, implying that a new, although unintentional, mode of Native American cultural continuity was created in spite of the epistemological hierarchy that was foisted upon the indigenous population. 30 �Colonizing the Mind: A Dialectic Approach to Education and Language in Zitkala-Ša’s American Indian Stories Adisa Ahmetspahić 3. CONCLUSION The aim of this paper was to investigate the link between education and language and mind colonization on the example of Zitkala-Ša’s American Indian Stories. The analysis was supported by a number of theories and studies and as such provided an overview of different aspects closely related to education and language in the process of colonization. Although the theories used in the paper are somewhat differing and from different domains, they meet at the point of the same inference: education and language are less aggressive methods of colonization, in a physical sense, yet most dangerous. For example, Foucault’s theories on power/knowledge relations help understand the mindset of the colonizer and ultimately its propensity in transferring that particular mindset onto those who are in a less favorable position. On the other hand, theories of Homi Bhabha reveal the position of the colonized, namely Zitkala-Ša, after they have been immersed into the education and language of the colonizer as well as her ability to speak up. It is plausible that a number of limitations could have influenced the analysis of the paper given that relatively little publications have dealt with the importance of Zitkala-Ša and no publications, to the best of my knowledge, have discussed education and language in this story collection. However, this analysis might be valuable in understanding the methods and outcomes of mind colonization, eventually creating a link between the past, the present, and the future. In addition, Native American literary tradition is rich in narratives that speak of mind (de)colonization and the reinvention of Native American identity in the contemporary world of the United States where they are enrolled as legal citizens yet marginalized. Hence, Zitkala-Ša’s subversion of colonial modes of dominance can be considered a forerunner to such matters. Overall, this study has gone some way towards enhancing our understanding of the benefits and hindrances of education and language for the indigenous population in the US. Further work needs to be performed to establish the use of religion in mind colonization as well as gender aspects in the same process based on American Indian Stories. 31 �Journal of Education and Humanities Volume 3, Issue 2, Winter 2020 REFERENCES Ashcroft, B., Griffiths, G., & Tiffin, H. (2007). Post-colonial studies: The key concepts, (2nd ed.). Routledge. Ashcroft, B., Griffiths, G., & Tiffin, H. (2002). The empire writes back: Theory and practice in post-colonial literatures (2nd ed.). Taylor & Francis e-Library. Bhabha, H. (1994). The location of culture. Routledge. Coulombe, J. (2001). Reading Native American literature. Routledge. Fisher, D. (1979). Foreword. In American Indian stories (pp. v-xx). University of Nebraska Press. Foucault, M. (1980). Power/Knowledge: Selected interviews and other writings 19721977 (C. Gordon, Ed.). Pantheon Books. Foucault, M. (2005). The order of things: An archaeology of the human sciences. Taylor & Francis e-Library. History and culture: Boarding schools. (n.d.). Retrieved October 31, 2020, from http://www.nativepartnership.org/site/PageServer?pagename=airc_hist_boar dingschools Irwin L. (2002). Native American spirituality: History. In Deloria, P., & Salisbury, N. (Eds.), A companion to American Indian history (pp. 103–120). Blackwell. JanMohamed, A. (1983). Manichean aesthetics: The politics of literature in colonial Africa. University of Massachusetts Press. Lewandowski, T. (2016). Red bird, red power: The life and legacy of Zitkala-Ša. University of Oklahoma Press. McCarty, T. (2013). Language planning and policy in Native America: History, theory, praxis. Multilingual Matters. McLeod, J. (2000). Beginning Postcolonialism. Manchester University Press. Skutnabb-Kangas, T., & Dunbar, R. (2010). Indigenous children’s education as linguistic genocide and a crime against humanity? A global view (Vol. 1). GálduČála – Journal of Indigenous Peoples Rights. https://www.afn.ca/uploads/files/education2/indigenouschildrenseducation .pdf. Stout, Mary A. (2012). Zitkala Ša. In Wiget, P. (Ed.), Native American literature (pp. 303-307). Routledge. Tinker, G. (1993). Missionary conquest: The gospel and Native American cultural genocide. Augsburg Fortress. wa Thiong’o, N. (1986). Decolonising the mind: The politics of language in African literature. James Currey Ltd. Zitkala-Ša. (1979). American Indian stories. University of Nebraska Press. For more information see Bob Blaisdell's Great Speeches by Native Americans (2012). should be noted here that it is not my intention to contribute to the stereotyped portrayal of Native Americans. i iiIt 32 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Journal of Education and Humanities Subject The topic of the resource Education and Humanities Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Colonizing the Mind: A Dialectic Approach to Education and Language in Zitkala-Ša’s American Indian Stories Author Author Adisa Ahmetspahić Abstract A summary of the resource. Mind colonization has been a burning issue in the last few decades in the fields of science and humanities. It is argued that mind colonization of the indigenous populations has been conducted via education and language in the mission of ‘civilizing’ since education and language carry culture specific sets of meaning, including knowledge and truth which condition our perception of the world. Zitkala-Ša is one of the earliest Native American authors and activists who sought to subvert the epistemological hierarchy imposed through mind colonization. Zitkala-Ša’s autobiographical collection of short stories titled American Indian Stories (1921) documents her boarding school experience and the acquisition of the colonizer’s education and language. The present paper seeks to address mind colonization through language and education on the example of Zitkala-Ša’s American Indian Stories relying on a number of theories and approaches. The paper also reflects on the importance of Zitkala-Ša mastery of the colonizer’s language. Keywords Keywords. Native American, mind colonization, education, language, boarding schools Identifier An unambiguous reference to the resource within a given context 2566-4638 DOI Digital object identifier 10.14706/JEH2021322 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 3553 Title A name given to the resource COLOUR NAMING LEXEMES IN TENNYSON'S POEM T HE L A DY O F S H A L OT T AND THEIR TRANSLATION INTO THE SERBIAN LANGUAGE Author Author Janjatović, Vera Abstract A summary of the resource. In this paper certain lexical fields of colour naming lexemes from Tennyson’s poem The Lady of Shalott and their translational equivalents in Serbian are chosen in order to determine the internal system of mutual references concerning the abovementioned names of lexemes. The colours will be considered from semantic, pragmatic and stylistic aspect. The sequence of colours is given according to their cognation, according to Berlin-Kay’s Universal Theory of Categories of Basic Colours (1969). According to this theory, the colours are considered due to the principle of their frequency. This theory is based upon the postulate about achromatic and chromatic colours. The achromatic colours are white, black and grey, whereas all others are chromatic. The chromatic colours which will be analyzed after achromatic ones, in the following order, are red (with its shades: light-red, crimson and blood-red), orange, purple, blue, silver, and yellow. For comparison, a segment which is smaller than a sentence is chosen (most often it is a noun phrase, and sometimes it is a clause, depending on the length of a verse). Structural model is chosen because of its convenience for the analysis up to the clause level. The contrastive analysis is performed on the basis of tertium comparationis, represented by rhyme on formal basis, and by phrasal lexeme on the basis of contents. The corpus of research is the Tennyson's poem itself. The comparability is to a great extent determined by semantic criteria. The aim of this paper is to indicate the similarities and differences in the colour naming lexemes and also to review their use in both languages, as well as their function in literary work. The research is based upon psycholinguistic and cognitive relations between colours from one side, and emotionality and warmth from the other, and over which the conceptualization of their meaning can be revealed as well as the cultural distinctiveness of the Serbian language speakers. Date A point or period of time associated with an event in the lifecycle of the resource 2014 Keywords Keywords. Conference or Workshop Item PeerReviewed PE English https://omeka.ibu.edu.ba/files/original/46ae62d9a14197c75121d576d4df98e0.pdf 9e1c7054938eb3806cdc7046044122dc PDF Text Text 1. International Symposium on Sustainable Development, June 9-10 2009, Sarajevo Colouring Turkish Management Type: An Empirical Analysis on Supermarket Store Managers Rana ÖZEN KUTANIŞ Sakarya University, Economics and Administration Science Faculty, Management Department, TURKEY rkutanis@sakarya.edu.tr Serkan BAYRAKTAROĞLU Sakarya University, Economics and Administration Science Faculty, Management Department, TURKEY serkanb@sakarya.edu.tr Abstract: This research presents Spectral Management Types and carrying out of these styles in Turkish managers. This approach leads to eight different kinds of management types. Spectral theory of personality consists of three important characteristics of a manager – cognitive, affective, and behavioural. In this research Spectral Management Type Inventory (SMTI) is used for Turkish managers in a supermarket store. The research is conducted with mixed methodology. Both qualitative and quantitative methods are conducted. At the end of the research, just five managerial types are determined. In terms of their colours, Turkish managers have large managerial perspectives. Keywords: Management, Management Types, Managers Managerial Types Managers have to have some developmental skills for being effective and successful in organisations. The abilities of experienced managers (like knowledge, skill, experience, personality) are emphasized in different ways (Eren, 1989; Koçel, 1999). In macro perspective, the most important external factors that affect the behaviours of managers are education, culture, economical and social environment. Managers are classified differently in the literature. The most popular classification is about democraticautocratic managers. In this study, firstly, Spectral Management Type Inventory (SMTI) - developed by Baruch and Lessem (1995) and updated afterwards (Baruch & Lessem, 1997; Lessem & Baruch, 1999) - is practiced. The dominant dimensions of personality of managers are pointed out. The eight managerial types are: Innovative Manager, Developmental Manager, Analytical Manager, Enterprising Manager, Manager of Change, People Manager, Action Manager and Adoptive Manager. The detailed information on SMTI and explanations of this spectrum were given below: In this spectrum, the dimensions appeared to have effects on the personality of the managers. At the introduction of the spectrum it follows as “SMTI reflects your personal and cultural features as a manager. It is affected by your personal features, your personality, your age and your culture. Your cultural appearance is affected by your roles and status at the level of national, organisational and professional contexts. You can learn which type of manager you are as to fill in the questionnaire below. Although you may have all features of 8 manager types, one of them would be dominant. So there is no good or bad score in this spectrum”. The eight managerial types are summarised below (Lessem, and Baruch, 1999:11-13): Innovative Manager Innovative managers (violet) are total originals, able to create something out of seemingly nothing. They are propelled forward by an inner compulsion, which is projected onto others by a powerful and visually expressive imagination. They will be creative learners and while in a group will emerge as inspired team members. The innovator is probably the rarest of all managers, though s/he is probably more likely to be found in Silicon Valley than anywhere else. Such managers are the inventors and visionaries, pointing a group, in the most picturesque language, towards a promised land. Such team members, if their strengths go unrecognized, can become dogmatic, intolerant and intolerable. In fact often innovative managers consider themselves as idiosyncratic loners, incapable of being integrated into a team, and may need the patience and insight of a harmoniser to form a bridge between themselves and more conventional others. 316 �1. International Symposium on Sustainable Development, June 9-10 2009, Sarajevo Developmental Manager Developmental managers (indigo) play a balancing role, more similar with that of enabler rather than fixer that is essentially developmental in nature. For the developmental manager is able to recognize and harness the forces of diversity. Co-operation and interdependence is to developmental managers what co-ordination and dependability is to the analytical manager. These types of managers learn through depth of insight and breadth of exposure rather than through focused instruction or personal challenge. As team members, then, harmonisers are essentially constructive where others are provocative or even destructive. Analytical Manager The analytical manager (blue) is the original executive. S/he fits comfortably into “role” or functionally based organizations where bureaucracy, in either its negative or positive sense, prevails. Impersonal, objective and honest in their dealings, such managers prefer certainty to uncertainty and well plans to different manoeuvres. Analytical managers are a force of law and order in their organizations and progress through the managerial hierarchy along conventional promotional lines. As a team member, s/he would best be the conventional chairperson or team leader. Analytical managers welcome authority and responsibility, and want roles, rules and routes to be closely prescribed. As team members, they are practically thoughtful, and are good organizers in the conventional sense of the word. Enterprising Manager Enterprising managers (green) can manage new markets, recognize and grasp new business opportunities, and generally enjoy the rough and tumble of business life. They are certainly gamesmen and women who love a good scrap, and respond immediately to a challenge, especially if it involves some personal and financial risk. Enterprising managers are at home in the sales-force, in charge of a profit centre or heading up a new venture. They may be ruthless and unscrupulous but also fun loving, larger than life characters. Such entrepreneurial characters learn from emotionally laden experiences. The enterprising managers take most of the responsibility on themselves. This type of manager is typically proactive, seizing every possible opportunity to steer the group in his/her desired direction. S/he is emotionally influential and commercially realistic. If his/her strength become overdone, such a person may sabotage group proceedings to retain influence. Manager of Change The manager of change (yellow) is intellectual rather than emotional or practical. Such managers need to work in a mentally stimulating environment, and will seek professional advancement within a particular organization. As a result managers of change can be prone to job hopping, for the sake of professional stimulus rather than, at least primarily, money or status. Managers of change will learn through trial and error, applying their minds to particular tasks and then learning from the consequences. As a team person then, s/he enjoys working with a wide variety of people. Such a person finds group problem solving stimulating and such a “networker” will use every opportunity available to involve people from outside the group with them. In that context this type of managers will seek to generate and share ideas with as wide a circle of contacts as possible; work, then, must be fun. Should his/her strengths be ignored s/he may become argumentative and stubbornly resistant to authority, thereby preferring varied consultancy based activity to ongoing, functionally based work. People Manager People managers (orange) are naturally friendly, sociable and warm. They characteristically emerge from the sales-force or from the shop floor, rather than through the graduate management ranks. Such a “people orientation” in Japan is a prerequisite for advancement across all management ranks. The people manager finds it difficult to acquire knowledge outside of concrete situations, in association with either people or things. S/he may be the one to remember, and to celebrate, birthdays both of individuals and also of critical events in the history of the group or company. If his/her strength is overdone s/he may spend all their time being nice to others. 317 �1. International Symposium on Sustainable Development, June 9-10 2009, Sarajevo Action Manager Action manager (red) is at a premium in very fast moving industries, where the expression “work hard, play hard” has become commonplace. In a production or distribution context where an action speaks louder than words such a “red” management orientation is often called for. The ability to act fast, and to enact situations, can be at a premium. S/he learns best, and fastest, in crisis. Characteristically action managers need to react to external stimuli, in order to learn, and find that any from of management education that is divorced from action is meaningless. This type of manager values deeds far above words. For that reason s/he tends to be reactive rather than proactive, thriving on crises, where external stimuli provoke him or her to action. In fact the compulsive action wo/man can wreak harm by doing things at the wrong time and in the wrong place, not to mention a propensity to do battle, come hell or high water. Therefore, in a group context, s/he might try getting on with the job rather than thinking about it. Adoptive Manager Adoptive manager (grey) is virtually nonexistent in Western Europe and America. For this type of manager has such humility, and faith in the company or the creed, that s/he has minimal individual identity. This person manager immerses him or herself in the surrounding group and culture completely. Adoptive manager is able to carry out required tasks with a degree of persistence and precision, typified by the Japanese and the South Koreans. The Aim of The Research In this research, 24 stores of a National Supermarket Chain in Turkey, are included, and the theory is tested by standardized questionnaires and semi-structured interviews. The managerial properties of the managers are meant to measure by the questionnaire. The research is a pre-test of SMTI in a supermarket chain in Turkey. In this research, following the theoretical explanation of the managerial types, questionnaires were issued and implemented within stores of well-known chain-stores in Turkey. Standard questionnaire form was used as to explore whether the participants are in line with the managerial types indicated in the literature. The Limitations of the Research The main limitation of this research is the replication of this study made possible in only one company. The research has been conducted within 5 months within the same sector. However, this research may be considered as a pilot study that the research framework can be applied to different sectors in Turkey. The Methodology For this research, the standardized questionnaire prepared by Baruch and Lessem (1999) is used with their written consent. There are additional 24 questions on measuring the managerial types of the managers qualitatively. During the quantitative research, frequency analyses, Factor Analysis, Cluster Analysis and Reliability Tests are applied. The Sampling Method The sample of the research consists of 59 store managers. There are totally 79 store managers and hence replication rate is 74.68 % which is at acceptable level. In participant stores (one store manager and 2 or 3 deputy managers are employed). Within the retail sector in which competition is intensive the role of personnel and the management have been increasing. So retail sector may be a good choice to explore the managerial types. 318 �1. International Symposium on Sustainable Development, June 9-10 2009, Sarajevo Findings The data are analysed by SPSS 15.0 at the end of the research. In addition to the management types, the relationships between the demographics and management types are sought. The managers are categorised according to personal characteristics at the end of the analyses. As it is seen in Table 1, managers are mostly male, young, married and collage graduates. They are also mostly deputy store managers having 1-5 years of work experience and they have chosen their jobs intentionally. Table 1. Demographic Findings n Gender Female Male -30 31-45 Married Single Collage Under- Age Marital Status Education Graduate Graduate Vice Manager Manager -1 year 1-5 years 5-10 years 10+ years Status Experience % 10 49 45 14 53 6 40 14 5 16,9 83,1 76,3 23,7 89,8 10,2 67,8 23,7 8,5 43 16 4 38 6 11 72,9 27,1 6,8 64,4 10,2 18,7 In terms of factor analysis (KMO=0,748) and cluster analysis, instead of eight managerial types, five managerial types are determined (78,223 % of variance is explained). Innovative (violet), Enterprising (green) and People (orange) Managers could not be determined at the end of the research. Table 2. Results of Reliability Tests Alpha-Cronbach (α) Action Manager (red) 0,71 Developmental Manager (indigo) 0,73 Manager of Change (yellow) 0,67 Analytical Manager (blue) 0,69 Adoptive Manager (grey) 0,79 In Lessem and Baruch’s research there were eight managerial types that was the inspiration of this study. However as a result of this study, five managerial types were found. Adoptive, developmental and action managerial types could be identified within the sample. However two of the apparent managerial types are not so explicit as change manager with (α=0,67) and analytical manager with (α=0,69) that the cronbach alpha levels are below 0.70. In terms of the results, the most valuable manager type is Adoptive Manager (α=0,79). The grey colour shows imitative aspects of learning. Learning process has the most important and general tendency in Turkish managers’ characteristics. First Learning and imitating, than developing (indigo) their knowledge and showing their experiences in action (red) are the most important behaviours of Turkish Managers. Analytical (blue) and change (yellow) managers are also be defined. Finally, in order, grey, indigo, and red are prior colours of Turkish managers. Secondly, blue and yellow colours are also available within these managers. 319 �1. International Symposium on Sustainable Development, June 9-10 2009, Sarajevo Conclusion The SMTI, is a measure of managerial styles but not effectiveness. There are innumerable colour combinations which will affect the shading of a particular managerial type. Different combinations of colour can be seen in different cultures. Some “colours” are more prevalent in one culture than is to another. The managerial spectrum inevitably reflects the “surface structure” of a manager’s personality. His/her “deep structure” will be affected by the particular national, corporate and professional culture of which s/he forms a part. The eight “colours” of manager types can be “vertically” considered as eight sub-processes of learning or innovation. Yellow shows freedom loving person, the green shows entrepreneurship. Grey reflects imitative aspects of learning, at an early stage of information processing, as compared with indigo type insight at a later stage. Violet reflects a creative imagination, prior to the orange aspect of innovation, which incorporates closeness to the customer. Analytical blue shows more methodical managers. Red means more action and working hard. Managers may be liable to retain their basic managerial orientation throughout their career and their support colours might vary over time. In this research, five managerial types were found. In order, adoptive, developmental, action, change, and analytical managerial types could be identified within the sample. Innovative, entrepreneurial and humanistic managerial types could not be identified within the sample. As colour spectrum, grey, indigo, red, blue and yellow colours are important within Turkish managers. Both bright and pastel tones show a kind of managerial diversity in Turkish managerial style as its culture which is in between west and east. In the future researches, the same research might be conducted in different Supermarket Chains in retailing sectors in different cultures. It may be possible to define new types and colours of managers. References Baruch, Y. & Lessem, R. (1995). Managerial Development through self and group evaluation of managerial style. Journal of Management Development. 14(1): 34-39. Baruch, Y. & Lessem, R. (1997). The Spectral Management Type Inventory- a Validation Study. Journal of Managerial Psychology. 12(6): 365-382. Gardner, H. (1993). Frames of Mind, Paladin, London. Kingsland, K. (1984). The personality spectrum, unpublished working paper. Lessem, R. (1987). Intrapreneurship; How to be an Enterprising Individual in a Successful Business, Wildwood House, Aldershot. Lessem, R. (1990). Developmental Management, Basil Blackwell, Oxford. Lessem, R. (1991). Total Quality Learning, Basil Blackwell, Oxford. Lessem, R. & Baruch, Y. (1999). Colour your Managerial type: Colour your Organization. Career Development International. 4(1): 11-18. Lessem, R. & Baruch, Y. (2000). Testing the SMTI and Belbin Inventories in Top Management Teams. Leadership and Organization Development. 21(2): 75-83. Steiner, R. (1966). Study of Man, London: Rudolf Steiner Press. 320 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 235 Title A name given to the resource Colouring Turkish Management Type: An Empirical Analysis on Supermarket Store Managers Author Author ÖZEN KUTANIS, Rana BAYRAKTAROĞLU, Serkan Abstract A summary of the resource. This research presents Spectral Management Types and carrying out of these styles in Turkish managers. This approach leads to eight different kinds of management types. Spectral theory of personality consists of three important characteristics of a manager – cognitive, affective, and behavioural. In this research Spectral Management Type Inventory (SMTI) is used for Turkish managers in a supermarket store. The research is conducted with mixed methodology. Both qualitative and quantitative methods are conducted. At the end of the research, just five managerial types are determined. In terms of their colours, Turkish managers have large managerial perspectives. Date A point or period of time associated with an event in the lifecycle of the resource 2009-06 Keywords Keywords. Conference or Workshop Item PeerReviewed HB Economic Theory https://omeka.ibu.edu.ba/files/original/6d99c5d670f191432cb78777289c240f.pdf bcad4637b70d3524dff8830715bc34e0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 2408 Title A name given to the resource Combating Poverty towards Actualizing the Millennium Development Goals and Beyond: Do Cash Transfer Programmes add up to the Agenda? Author Author Ibrahim , Muazu Yeboah, Tomas Abstract A summary of the resource. The Millennium Development Goals (MDG) among other things have not only brought poverty reduction onto the global development agenda but have also urged countries to help halve poverty by 2015. Various policy initiatives have been implemented towards actualizing the first MDG. Ghana, through its policy programmes is at the verge of meeting MDG 1 well before 2015. One of such programmes is the Livelihood Empowerment against Poverty (LEAP) which provides direct cash transfers to extreme poor and vulnerable. Do cash transfers add up to the agenda? By invoking a non-parametric chi-square test, we find evidence of the contribution of the cash transfer programme in LEAP-ing beneficiaries out of poverty by supplementing their income levels as well as improving their livelihoods. At least in our study area, we found a 29% decrease in the number of beneficiaries earning below the lower poverty line while 61% have been able to meet part of their basic needs. To ensure a continual reduction in poverty, we argue for the need to fundamentally go beyond short-term gains through co-ordinated, purposeful social and complementary services that will create opportunity for empowerment among the poor and vulnerable households. Publisher An entity responsible for making the resource available International Burch University Date A point or period of time associated with an event in the lifecycle of the resource 2014-07-15 Keywords Keywords. Article PeerReviewed H Social Sciences (General) https://omeka.ibu.edu.ba/files/original/f7512b2dd442b92589416647a6091ac9.pdf 9df0af6d8a5dfd2b5cb01ca1f3e365d5 PDF Text Text International Conference on Economic and Social Studies, 10-11 May, 2013, Sarajevo Combining Analytical Hierarchy Process and TOPSIS Approaches for Supplier Selection in a Cable Company Emrah Önder İstanbul University, İstanbul, Turkey emrah@İstanbul.edu.tr Sündüs Dağ İstanbul University, İstanbul, Turkey skumpas@İstanbul.edu.tr In the competitive business environment of the 21st century, organizations must reply quickly and precisely to customer demands. The choice of suppliers and their performance assessment are becoming major challenges that face supply chain managers or directors. Evaluating suppliers and selecting one of them are complicated tasks due to the fact that various criteria or objectives must be considered in the decision making process. Also in many real world cases the criteria are not equally important for the purchase managers. Numerous decision making techniques have been offered to handle with the supplier selection problem. In this study, we proposed a supplier selection analysis model considering both Analytic Hierarchy Process and TOPSIS method. Subjective and objective opinions of purchase managers/experts turn into quantitative form with Analytic Hierarchy Process. Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) technique is used for calculating the supplier’s ratings. The aim of this paper is to determine the appropriate supplier providing the most customer satisfaction for the criteria identified in the supply chain. In this paper, data taken from a well-known cable manufacturing company in Turkey is used to illustrate the supplier selection procedure. Due to the fact that main raw material used in all cables, the company strongly focuses on supply of the Electrolytic Copper Cathode. The company detects eight different criteria for procurement of the Electrolytic Copper Cathode. These are origin, quality, availability, cost, delivery requirements, cost of conveyance, and quality certificates. Apparently, supplier selection is a multi-criteria problem that includes both quantitative and qualitative factors. It is necessary to make trade-off between these tangible and intangible factors while considering a suitable supplier. There are four firms providing the Electrolytic Copper Cathode for the company. In analyzing the data, Analytical Hierarchy Process (AHP) and Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) methodologies are used for the outranking of supplier alternatives. Keywords: Supplier Selection, Multi Criteria Decision Making, Analytical Hierarchy Process (AHP), TOPSIS Method, Cable Sector. 95 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 1510 Title A name given to the resource Combining Analytical Hierarchy Process and TOPSIS Approaches for Supplier Selection in a Cable Company Author Author ONDER, Emrah DAG, Sundus Abstract A summary of the resource. In the competitive business environment of the 21st century, organizations must reply quickly and precisely to customer demands. The choice of suppliers and their performance assessment are becoming major challenges that face supply chain managers or directors. Evaluating suppliers and selecting one of them are complicated tasks due to the fact that various criteria or objectives must be considered in the decision making process. Also in many real world cases the criteria are not equally important for the purchase managers. Numerous decision making techniques have been offered to handle with the supplier selection problem. In this study, we proposed a supplier selection analysis model considering both Analytic Hierarchy Process and TOPSIS method. Subjective and objective opinions of purchase managers/experts turn into quantitative form with Analytic Hierarchy Process. Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) technique is used for calculating the supplier’s ratings. The aim of this paper is to determine the appropriate supplier providing the most customer satisfaction for the criteria identified in the supply chain. In this paper, data taken from a well-known cable manufacturing company in Turkey is used to illustrate the supplier selection procedure. Due to the fact that main raw material used in all cables, the company strongly focuses on supply of the Electrolytic Copper Cathode. The company detects eight different criteria for procurement of the Electrolytic Copper Cathode. These are origin, quality, availability, cost, delivery requirements, cost of conveyance, and quality certificates. Apparently, supplier selection is a multi-criteria problem that includes both quantitative and qualitative factors. It is necessary to make trade-off between these tangible and intangible factors while considering a suitable supplier. There are four firms providing the Electrolytic Copper Cathode for the company. In analyzing the data, Analytical Hierarchy Process (AHP) and Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) methodologies are used for the outranking of supplier alternatives. Keywords: Supplier Selection, Multi Criteria Decision Making, Analytical Hierarchy Process (AHP), TOPSIS Method, Cable Sector. Publisher An entity responsible for making the resource available International Burch University Date A point or period of time associated with an event in the lifecycle of the resource 2013-05-10 Keywords Keywords. Article PeerReviewed Identifier An unambiguous reference to the resource within a given context ISSN 2303-4564 https://omeka.ibu.edu.ba/files/original/e907ab683a333f775bd9da41856997fb.pdf a35c0d0c0a925d9cb053211e7747fc7a PDF Text Text Commercial Websites Evaluation Zeid Hazem, Meliha Handzic International Burch University, Faculty of Economics 71000, Sarajevo, Bosnia and Herzegovina. E-mails.: Zeid.hazem@yahoo.com Abstract The paper presented roughly consists of three parts, as follows: Finding a criteria to evaluate a commercial website Selecting a website and applying criteria Comments and improvement advice First task was to find suitable criteria by which the site is to be evaluated; through extensive research on the internet regarding web site criteria and business sites in general we have found out what makes the business web such a powerful medium for approaching your customers. The availability and growth of the Internet offers use the opportunity to find information and data from all over the world. Internet resources, in particular World Wide Web resources, continue to proliferate at an astonishing rate. This is especially true for commercial web sites which as some experts state, grow at an astonishing rate of one per every 3 seconds! Keywords: e-business, website design, website evaluation criteria 1.INTRODUCTION To successfully create the (commercial) presence on the web, it is necessary to be aware of the users – customers. The internet works both ways - It is possible for almost anyone to place anything on the Internet. Viral marketing can, with lightning speed, spread the word about your product, be it good or bad. Users appreciate quality and credibility. 390 �Users are security sensitive, and especially so when they want to purchase over the internet. Users look for some fixed points or anchors to lead them through the content of the page. Users follow intuition when browsing; they do not like to follow a linear pattern provided by a site. Users are impatient and insist on instant gratification. Users should be motivated for them to revisit the website To be able to effectively present the product to the customer you need to pursue the following principles of user psychology Don’t make users think , Don’t squander users patience ,Manage to focus users attention , Strive for feature exposure , Make use of effective writing , Strive from simplicity , Don’t be afraid of the white space , Communicate effectively with a visible language , Conventions are our friends , Security and privacy are of highest importance, the presence of the company's website on the internet must be known to the target audience. 2.MATERIAL AND METHODS 2.1 Criteria for Evaluation Out of the many criteria we found the following to properly evaluate the content of the website. 2.1.1.Purpose The website hast o have a clear purpose. Whether it is an educational site, an internet multimedia presentation, search portal or commercial site different rules of design an organization apply. 2.1.2.Audience Who is the implied audience for the site? From the homepage of a site, the user of the web should be able to identify the general audience for whom the site is developed. 391 �2.1.3.Functionality Functionality is the use of technology on the site. Good functionality means the site works well. It loads quickly, has live links, and any new technology used is functional and relevant for the intended audience. The site should work cross-platform and be browser independent. Highly functional sites anticipate the diversity of user requirements from file size, to file format and download speed. The most functional sites also take into consideration those with special access needs. 2.1.4.Organizational Is the organizational scheme appropriate, A Web document that has a vast tree of links is difficult to navigate and overwhelming to the eye. Is there a consistent look and feel from one page to another? - Visual similarities in all sections. Navigation Navigation through the website should be an effortless process. Transferring from one part of the website to another should be an intuitive process and the user should not be. The website has to have clear anchor points around which the web site is structured. 2.1.5.Accessibility The website should allow easy access to the products it is trying to sell, and use other resources like search engines or web apps to promote this goal. 2.1.6.Uniqueness Uniqueness and originality of the web site is not mandatory but can help to attract visitors and promote a different image of the company in the industry. However commercial sites are limited in their creativity because the purpose of the site is not to be original but to best promote the product it is based for. 392 �2.1.7.Design & Style the general appeal of the website can be improved by its design it must never take second place to the functionality of the site itself. It must be taken into consideration what is the purpose of the graphical content on the web page, The visual image of the site should match accordingly so that the look and feel is similar while transitioning the page. Lastly but not least importantly the design of the web site should extend the company image and adhere to target audience. 2.1.8.Multimedia Good web sites weave together relevant text, audio, video, and still images to give users a rich experience. Multimedia content has to be adjusted to be compatible with users with low bandwidth speeds and different browsers. 2.1.9.Security and Privacy If your website collects sensitive information from your customers, you should use security systems like SSL (Secure Socket Layer). This guarantees that the data provided by your customer will not fall into the hand of a malicious hacker while transferring from his computer to the web server. If your site is planning to use cookies, make sure that you covered this aspect in your privacy policy too. 2.1.10Website The website we chose to evaluate is a site held by the company HORSEFEATHERS™ and can be found on the internet address www.horsefeathers.eu 393 �HORSEFEATHERS™ was originally founded in 1989 in British Columbia, Canada as a brand who started selling specific sports apparel or so called “outerwear”, intended for snowboarders and skateboarders. The website was launched in 2001 and it follows the industry standard in that it is completely revamped twice a year to reflect the winter and summer seasons (snowboard and skateboard). 3.DISCUSSION To evaluate this site we will view through each of the criteria defined in the previous part . Purpose Purpose of any commercial website which sells finite products is to act as an interactive shop window . The site offers other information like NEWS, BLOG and even INTERVEW and VIDEO archive but the main part of the page is dedicated to showcase its products. 3.1.Audience It is clear from the start that the site is oriented towards the younger generation. With its stylized graphics and action shots it appeals to the specific nature of the sports it represents. Interviews and blogs are conducted with young up-coming stars in their respectable sports, and as such appeal to the population who view these activities as more than just a hobby. To them these people are their role models and a connection to the brand is a great marketing strategy. 3.2.Functionality The content of the site is well balanced, the graphics are of high quality but not such that can severely hamper the users with slower internet connection. The multimedia content provided can be viewed in different resolutions which a customer can choose, and the only requirement for the site to be seen is to have Adobe flash installed , which is pretty much the industry standard. The web page looks identical in Firefox, Explorer and Chrome, three predominant internet browsers 394 �3.3.Organization& Navigation The organizational units that compose the site are available from the first page of the web site and remain available when navigating through it. It is commendable that the site decided to abandon the idea of pop-ups upon entry and language selection page at the beginning. We believe that these components detract from experiencing the website. The organization is roughly divided in three parts the top layer that contains the links to every part of the web site, the middle window where the majority of the content is displayed and the bottom layer which gives additional links and information. The whole promotional part of the website is done flawlessly because each part of the website is accessible from no more than 3 clicks, The shopping part is done with a bit less finesse, the simple and clean promotional page is left and is replaced with a clunky interface where all the product are piled up In endless columns. This leaves the user at question because suddenly the access to the rest of the content is cut off, category links have switched places and the user is once again doomed to make use of a scroll bar. This whole switch would be easy to forget if the access to content made up for it but in contrast it even becomes difficult to seek the product you need. But this is a topic for accessibility of content. 3.4.Accessibility The promotional part of the website is exemplary in its access to content. Already mentioned in organizational part the product are clicks away to access and make browsing through them a fun experience. By clicking on the desired piece of clothing it is automatically shown on the model. It is a great system and since in these kind of sports apparel is basically bought to complement the kind of gear you already possess (the color of the board, boots and bindings for example) this becomes a necessity. 3.5.Uniqueness In terms of uniqueness the page is not entirely different from its rivals (One could even argue that they are more similar than different f.e. www.nitrousa.com, www.burton.com) but that is not necessarily a weakness. The products are the centerpiece of the pages and everything else supports that idea. 395 �3.6.Design & Style It is immediate from the first view of the page that the site has a crisp youthful design. The predominant color is white with brightly colored links and fitting graphic. The idea of product based sites most times is for the web page to blend into the background while the product is put in front and the character of products (bright unnatural colors on white background – snow) creates a perfect setting for that effect. The graphic images are presented with a stylish pencil drawn background and the configuration option I presented with mechanical sounds and futuristic letters which improves the experience. The shopping part of the page is presented in a style that neither improves nor hampers the shopping. 3.7.Multimedia The web page is modest in its multimedia content and that Is not a bad thing. The interviews and rider videos are easily accessible but not forced onto customers. The videos use a third party video repository Video similar to YouTube but a favorite among fans of extreme sports. The configuration part of the page was done using Adobe Flash technology Security and privacy Shopping on the web page can be done in three ways ( via Credit Card , via PayPal , via Bank transfer )These steps satisfy the needs of most customers who desire to purchase over the web. Using credit card is the easiest way but carries the risk of online transactions present everywhere on the internet. The shopping is done on a secure html page as per industry standard. PayPal is more secure in that way that the credit card info is inserted sometime before and the customer is just using his PayPal account. This method requires an active PayPal account however. The last option is direct bank transfer which is the most cumbersome but most reliable way and it does not require a credit card. The shipping is free to all users who order a total sum of over 300 Euros. 4.CONCLUSION the web page is a good concept, it has a lot of room for improvement, and with proper improvement the web page with its Configuration could become a big success. Improvements could be made in shopping section, which needs to be redesigned to match, other sections of this web page and it needs to be simpler and easier for common usage. Aside to this, their web catalog needs to be redesigned and reorganized to meet modern shopping standards. The entire web page logic needs to be revised; additional features need to be included into Configuration section which would make shopping easier and more efficient. The web page has a lot of potential, and with proper improvements it could become a big hit and it could bring a lot of money to shop owner. 396 �REFERENCES: Gary Martin. (1996-2011). Horse feathers. Available: http://www.phrases.org.uk/meanings/horse-feathers.html. Last accessed 20th November 2011. Horsefeathers. (2010). Horsefeathers. Available: http://www.horsefeathers.eu/en/. Last accessed 20th November 2011. Bruce Clay, INC. (1996-2011). Quality Site Criteria. Available: http://www.bruceclay.com/design/web_crit.htm. Last accessed 20th November 2011. WebAIM. (1999-2011). Articles. Available: http://webaim.org/articles/. Last accessed 20th November 2011. Velacich, J. Schneider, C. (2010). Information Systems Today: Managing the Digital World.: Prentice Hall. Zaveri,J. Securing Business on Network [PowerPoint slides]. Retrieved http://www.scribd.com/doc/38639551/Launching-E-Business-Website-tips from Thulasi, K.. (2002-2008). Available: http://www.ncsi.iisc.ernet.in/. Last accessed 20th November 2011. US Environmental Protection Agency. (2011). Evaluation http://www.epa.gov/enviroed/. Last accessed 20th November 2011. Structure. Available: United Nations, (2008). UN E-Government Survey 2008, From E-Government to Connected Governance. Available: http://unpan1.un.org/intradoc/groups/public/documents/un/unpan028607.pdf Miller, L. (2009). MIS Cases: Decision Making With Application Software. Prentice Hall. 397 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 1194 Title A name given to the resource Commercial Websites Evaluation Author Author Zeid, Hazem HANDZIC, Meliha Abstract A summary of the resource. The paper presented roughly consists of three parts, as follows: Finding a criteria to evaluate a commercial website Selecting a website and applying criteria Comments and improvement advice First task was to find suitable criteria by which the site is to be evaluated; through extensive research on the internet regarding web site criteria and business sites in general we have found out what makes the business web such a powerful medium for approaching your customers. The availability and growth of the Internet offers use the opportunity to find information and data from all over the world. Internet resources, in particular World Wide Web resources, continue to proliferate at an astonishing rate. This is especially true for commercial web sites which as some experts state, grow at an astonishing rate of one per every 3 seconds! Keywords: e-business, website design, website evaluation criteria Date A point or period of time associated with an event in the lifecycle of the resource 2012-05-31 Keywords Keywords. Conference or Workshop Item PeerReviewed H Social Sciences (General),T Technology (General) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 774 Title A name given to the resource COMMON MISTAKES IN ESL WRITING CLASSES Author Author Cankaya, Aziz Yanik, Hayrullah Gojayev, Asif Abstract A summary of the resource. This articles deals with writing classes in ESL groups, and aims to reveal common mistakes among students in paragraph or essay writing. Approximately one hundred students were engaged in this survey and their exam paper and feedbacks from survey were used to outline this article. Mistakes in paragraph and essay writing were divided into specific chapters, common and specific mistakes were worked on. Article mainly focuses on mistakes in organization of paragraph or essay, cohesion, creativity and idea development, grammar, variety of structures, and puts forward way of elimination to these mistakes. Date A point or period of time associated with an event in the lifecycle of the resource 2012-05-04 Keywords Keywords. Conference or Workshop Item PeerReviewed P Philology. Linguistics