Performance Appraisal Interviewing

The Performance Appraisal Interview consists of the following three Stages:

1. Preparing for the Appraisal

2. Conducting the Appraisal

3. Following Up

Let's look at each of these in more detail:

STAGE 1: PREPARING FOR THE APPRAISAL

It is important that arrangements for the Performance Appraisal be made well in advance so that both Appraisor and Appraisee have adequate time to prepare properly.

A number of things need to be done in preparation to ensure a fruitful discussion:

1. Review Appraisees' Performance Appraisal Forms to refresh your memory regarding the Performance Measures (Goals/Objectives/KPIs/Competencies) that were agreed with them.

2. Review their previous Appraisal Summary & Performance Optimization Plans (POPs) to see what was agreed that they should work on improving. Did you do what you have undertaken?

3. Study their Performance Record Notes as accumulated throughout the performance period. Consult all other relevant records on their performance.

4. Inform them to prepare for the Appraisal by completing and printing out their Appraisal Prep Forms, and studying/printing out their Performance Record Notes. The system allows you to request that they release their Prep Form to you prior to the appraisal (check your company policy on this).

5. Agree a mutually suitable date and time for the interview. A minimum of one week's notice should be given. For more senior and specialist positions, allow even more preparation time.

6. Select a private, comfortable venue where you can meet in a relaxed, unhurried, informal atmosphere, without disturbances or interruptions. Avoid sitting behind a desk during the interview. Rather sit together with the Appraisee in front of your desk or, alternatively, at a conference table. Sitting behind a desk transmits a nonverbal message of formality, reinforcing the "superior-subordinate" relationship.

7. Set aside adequate time for the Appraisal Interview, which may vary in length from 45 to 90 minutes, depending on the complexity and seniority of the position under consideration.

STAGE 2: CONDUCTING THE APPRAISAL

The Performance Appraisal consists of two distinct parts:

(1) REVIEWING PERFORMANCE: A "backward" look at how well previously set Performance Measures and Standards were achieved, and the factors that affected their achievement.

(2) PLANNING PERFORMANCE: A "forward" look at new or adapted Performance Measures and Standards to be achieved during the next performance period.

The following FIVE STEPS need to be followed to ensure a constructive session:

1. Start with an icebreaker.

2. Explain the purpose of the interview.

3. Work through the Performance Measures (agree Actual Performance, Ratings and POPs).

4. Agree Performance Measures and Standards for the next performance period.

5. Close on a positive note.

The online Official Performance Appraisal Form need to be completed by the Appraisor during (or immediately after) the Appraisal Interview to record the actual performance information, including the ratings and POP notes, as was mutually agreed on by both Appraisor and Appraisee.

Let's now consider each step in more detail:

STEP 1: Start with an icebreaker

Start the discussion with a little small talk to ease the initial tension of the interview.

STEP 2: Explain the purpose of the interview

Explaining how you wish to conduct the Appraisal Interview will let Appraisees know what to expect, and will eliminate any unrealistic fears they may have.

Say something like: "Jane, I would just like to summarize the purpose of today's meeting again: It is to look at how you have been doing with the Performance Measures we have agreed on last time, and to see if there is anything I can help you with in the form of additional resources and training, or removing any obstacles that might hinder you in your work. Having done that, we will look at new or adapted Performance Measures for the next performance period of 'x' months. I will be making notes in respect of everything we discuss and decide. You can view everything I have entered onto the online system on your own PC afterwards. You should just let me know then if I have added anything incorrectly, so we can discuss and rectify it. Do you have any questions or concerns before we start?"

STEP 3: Work through the Performance Measures (agree Actual Performance, Ratings and POPs)

(a) AGREEING ACTUAL PERFORMANCE

Take the Performance Measures - one at a time - and ask the Appraisee how s/he thinks s/he has done with them. Ask for and give facts and "evidence" pertaining to each (also consult the Appraisee's Performance Record Notes).

Your job is to act as FACILITATOR of the process. Always ask for the Appraisee's comments first. The key is to get them to self-appraise. Ask probing questions to get examples and supporting evidence of good performance. If you disagree, don't say so directly - ask questions so that Appraisees can come to more realistic conclusions themselves. Facilitation of this nature is particularly important with Performance Measures where subjectivity may come into play - therefore necessitating the opinion of the Appraisee even more.

Praise them where deserved (be genuine and sincere!), mentioning specific examples of achievement and behavior, e.g.:

"I am particularly pleased with the way you..."

"Your contribution here means that we ..."

When discussing Performance Measures that were not sufficiently met, it becomes even more important for Appraisees to self-appraise. It is so much more effective if they mention areas for improvement themselves. People can also sometimes be much harder on themselves than you would like to be.

Explore the factors that have affected their performance. Probe: "Why?", "What Happened?", "What would have helped", "How can we correct the situation / avoid it from happening again?"

Using 'we' as opposed to 'you' in trying to find solutions to problems indicates to Appraisees that they are not alone in this, and that your support is always available.

Be careful not to apportion blame. Discuss performance, not personality (what they do, not what they are). Focus on performance improvement and actions to prevent the recurrence of problems. There is nothing you or anyone else can do any more about the past. Rather use the lessons from the past to improve on the future. Concentrate on behavior that CAN be changed, and give praise where possible - even when discussing poor performance.

Avoid negative words such as "mistakes", "sloppy", "careless" and "shortcomings". The key is to keep your feedback constructive and nonjudgmental, maintaining the Appraisee's self-esteem throughout.

Admit openly if you have a shared responsibility for the Appraisee's under-performance, and undertake to set this right. Also admit if you are wrong in your interpretation of the facts.

If they blame you for something that went wrong, stay calm and avoid defending yourself - respond in a non-reactive way and don't get personal. Avoid arguments, by focusing on facts and supporting evidence. Always avoid comparisons with other people.

VERY IMPORTANT: You may never drop a bombshell (surprise) on the Appraisee by mentioning areas of under-performance for the first time during the Appraisal Interview. These, plus positive feedback, MUST be given to employees as soon as realistically possible after the event itself.

This, in effect, means that the Performance Appraisal only becomes a SUMMARY of what the Appraisee already knows, thus reducing most of the frequently reported stress that line managers have when conducting Appraisals.

Don't allow Appraisees avoiding areas of under-performance. Attempt to draw it from them with probing questions. If they persist in avoiding certain issues, give it to them straight, but sensitively, e.g. "Jane, let's now talk about the three customer letters of complaint we have received over this performance period. How do you feel about that?"

(b) RATING PERFORMANCE

After each Performance Measure had been discussed, and the agreed Actual Performance Notes recorded, the Appraisor and Appraisee need to give it a realistic performance rating. For this purpose, use the Rating Key descriptions and consider the Performance Standards and/or Behavioral Indicators listed on the Performance Appraisal Form for each Measure.

It is wise never to give your own preliminary ratings (even if the Appraisee asks for it). Rather ask the Appraisee what s/he thinks would be a fair rating based on actual performance as agreed and recorded. If s/he is unrealistically high, facilitate a more realistic rating by asking questions such as:

"Considering the three customer complaints you have received Jane, how do you justify a 4-rating that reads: 'Above Target/Standard?'"

"Considering the number of customer complaints you have received Jane, how do you justify a 3-rating that reads: 'On Target/Standard, including small deviations plus or minus'?. I cannot agree that three such rather serious complaints be regarded as small negative deviations. What do you think?"

Be prepared to adjust your thinking on a rating if the facts and arguments offered, justify this.

Care must be taken that the rating of performance does not deteriorate into a battle of wills. The secret is to stick to actual performance as proven by performance data/statistics, and recorded incidents/evidence (that were discussed with the employee at the time).

Of course, as line manager, you retain the prerogative to insist on a rating that you are happy with, as long as you can offer your reasons for it, whether the Appraisee accepts it or not.

Consider bringing in your line manager as arbitrator if you and the Appraisee cannot reach agreement on Actual Performance or Ratings. His/her decision will be final, although, in many organizations, an unhappy Appraisee may still resort to taking it further in some way, i.e. lodging a grievance (consult your organization's Human Resources policy in this regard).

However, by following the above-mentioned steps and principles carefully, major differences in opinion between Appraisor and Appraisee could be largely avoided. Both parties should also approach the appraisal process in a positive, constructive spirit so that Performance Management and Appraisals will effectively deliver on their intended purpose.

Remember: The primary aim of the Performance Appraisal is to identify stumbling blocks that prevent the Appraisee from performing optimally, and should therefore be an open discussion to achieve just that. The rating of performance is secondary and should not detract from the problem-solving purpose of the discussion.

(c) COMPLETING PERFORMANCE OPTIMIZATION PLANS (POPs)

Performance Measures and Standards that have not been met need to be put back on track. Engage in joint problem solving to do so, as each Performance Measure is discussed. The result of this discussion is recorded in the Performance Optimization Plan (POP) field of each Performance Measure on the Performance Appraisal Form.

Remember, employee training and coaching are seldom the only solutions for addressing unacceptable performance or work behavior. Poor performance or behavior can more often than not be ascribed to a combination of: a lack of resources and work tools; poor systems/policies/procedures; poor reward/recognition practices; insufficient performance feedback; other poor management practices, and a generally counterproductive working environment and organization culture.

Be open-minded to consider and address all of these. Frequently, these are for the Appraisor/Organization to address, and not the Appraisee. Along with employee training and development, the result will be continuous performance improvement, organization development, and proactive change management - leading to a "Learning Organization" in the true sense of the word.

Again, Appraisors should get suggestions from the Appraisee first before adding their own.

STEP 4: Agree Performance Measures and Standards for the next Performance Period

This is the "forward-looking" section of the interview as mentioned above. This part of the discussion can be handled right now as the "second half" of the interview, or as a separate session within the next week or two.

It is crucial that new or adapted Performance Measures and Standards be discussed and documented as close as possible to the start at the new performance period, so that the employee has the bulk of the time to deliver on them.

Also discuss any support you need to give Appraisees. Support is all about minimizing environmental barriers to performance, providing them with the necessary resources, training and coaching opportunities, and improving their motivation.

STEP 5: Close on a positive note

Make a positive closing statement, reiterating your appreciation of the Appraisee's efforts, ensuring them of your trust in their abilities and future performance, e.g.: "Jane, that concludes our discussion then. Thank you for the frank and constructive way in which you have approached it. I would just like to end off by thanking you once again for the effort you have put in over the last 'x' months, and also to ensure you of my full trust in your abilities to tackle your new objectives and targets competently. Please rest assured of my commitment to support you where I can, and do not hesitate to push on my button at any time."

STAGE 3: FOLLOWING UP

The Performance Agreement for the next performance period can be viewed as a negotiated contract. Appraisees are committing themselves to achieve certain objectives/targets in return for specified support from their line managers. It is crucial that you deliver on this promised support.

Provide all possible psychological support (praise, recognition, encouragement, etc.) and physical support (work tools, equipment, finances, staff, etc.).

Show interest by MBWA ("managing by walking around"), i.e. be there where the action is, observing their performance, enquiring about progress, and offering assistance.

Arrange the necessary training and coaching as identified.

Provide regular feedback on performance (both positive and negative/constructive) as soon as possible after the event.

Create a pleasant working environment and climate where people can fulfill their social and other motivational needs, while maintaining a business focus and urgency.

GENERAL CONSIDERATIONS IN RESPECT OF APPRAISAL INTERVIEWS

A Firm Manner

Do not accept any ideas or suggestions from Appraisees that you are not fully satisfied with or that are not congruent with corporate and your own goals and standards. Tell them what these nonnegotiable parameters are that you cannot compromise on.

You do need a certain firmness of manner, which should be used as required during the Appraisal. It is your job to keep the interview on track and not allow serious digressions.

Firmness of manner means assertiveness, not aggression. It means ensuring you keep control of the interview -- always politely, but with authority.

Confidentiality

It is essential that you are discreet. The Appraisee must be able to trust you to keep whatever is discussed confidential.

Fair Assessment: External factors affecting performance

In assessing an Appraisee's performance, the extent to which circumstances beyond their control have influenced the achievement of their objectives, must be taken into consideration. This means that, if these circumstances have contributed greatly to good results, they should not get the benefit of it. Likewise, they should not be punished if adverse, uncontrollable causes have prevented them from achieving their objectives optimally.

The quality of an employee's performance also frequently depends on how good, reliable, and consistent the work output of others are, that input into their own work area.

Can the non-achievement of objectives also possibly be ascribed to the fact that other objectives took priority over it at some point?

Also ask yourself to what extent the performance environment (organization culture, policies, rules, systems, structure, infrastructure, resources, etc.) has prevented Appraisees from achieving their goals.

Appraisal Pitfalls

The following needs to be avoided during the performance rating process:

1. Tendency to give all employees more or less the same ratings, or giving an employee the same rating on all his/her Performance Measures (to avoid potential conflict).

2. Consistently being too strict or too lenient.

3. "Job Halo", by giving higher ratings to certain employees based upon your personal preferences, or one-off incidents instead of actual performance over the entire period. Managers should differentiate very clearly between those employees who achieve their objectives and those who do not, and give clear messages to both. "Compromising" and giving all employees the same bonus or increase will give the wrong message to everybody. Top performers will feel punished (even cheated) and poor performers will be rewarded.

Managers must have the courage of their conviction to give credit where credit is due and not be manipulated by those poor performers who rather bet on the manager's fear for confrontation. Such managers invariable end up losing the respect and loyalty of both types of performer.

The Performance Optimization Plan (POP)

Staff Training and Coaching (as per the traditional Personal Development Plan) are seldom the only solutions for addressing unacceptable performance or behavior. Poor performance or behavior can more often than not be ascribed to a combination of: a lack of resources and work tools, poor systems/policies/procedures, poor reward/recognition practices, insufficient performance feedback, other poor management practices, and a generally counterproductive working environment and organization culture.

Be open-minded to consider and address all of these. Frequently, these are for the manager/organization to address, and not employees. Along with staff training and development, the result will be continuous performance improvement, organization development, and proactive change management - leading to a "Learning Organization" in the true sense of the word.

Debt Collection Response

Thanks to Google Voice, this is the voicemail that debt collectors hear when they call me. Thanks, guys! Lyrics: Go away from my voicemail, Leave at the fastest possible speed. I'm not going to pay you, I won't bend to your greed. You say you want to help me, to offer me a deal, The thing that you don't get is, I can't afford a meal. You might as well be calling a brick wall, Go away, babe. Go, go, go, go away, babe. I am not paying this debt, babe.

Examples Of Illegal Third Party Contacts By Debt Collectors

Consumer Attorney John Watts discusses examples of how abusive debt collectors violate the Fair Debt Collection Practices Act (FDCPA) by contacting third parties. Some of the typical ways the FDCPA is violated by bill collectors is asking neighbors to take a message to the consumer, asking if the consumer is feeling ok, etc. If you would like more information, please contact us by phone at 205-879-2447 or visiting our website at www.alabamaconsumer.com If you would like our free report "How To Make Debt Collectors Pay For Illegal Third Party Contacts" by calling us at 205-879-2447 or through our website - www.alabamaconsumer.com

Philippine Oil Deregulation - A Policy Research Analysis

I. INTRODUCTION

The Policy As An Output

Embodied in the Republic Act No. 8479, otherwise known as the "Downstream Oil Industry Deregulation Act of 1998," is the policy of the state that deregulates the oil industry to "foster a truly competitive market which can better achieve the social policy objectives of fair prices and adequate, continuous supply of environmentally-clean and high quality petroleum products" (Congress 1998).

With deregulation, government allows market competition. That means government does not interfere with the pricing, exportation, and importation of oil products, even the establishment of retail outlets, storage depots, ocean-receiving facilities, and refineries.

It has been a decade ago since lawmakers made a proposition that deregulation would secure the Philippines from the vulnerability of oil price shocks due to its heavily dependent on imported oil. But it is now increasingly apparent that many are calling to scrap the law as six out of ten Filipinos favor the repeal of RA 8479 (Somosierra 2008).

The Policy As A Process

When President Fidel Ramos started his administration in 1992, the country had already started feeling the effects of power supply deficiencies, with major areas already experiencing power interruptions. The power crisis caused a slowdown in the national economy for nearly three years and prodded the government to initiate major reforms in order to rehabilitate the energy sector (Viray 1998, p.461-90). In response to a power supply crisis, Ramos revived the plans to liberalize the oil industry that were cut short during the Aquino administration due to Gulf crisis.

The government's efforts to enact an oil deregulation law were also intensified in 1995 when the Oil Price Stabilization Fund (OPSF ) started to threaten the fiscal stability of the economy. Deregulation was thus seen as the solution to the recurring deficit.

The problem of the OPSF deficit was in part related to the highly political nature of oil prices, which encouraged government to defer price increases as much as possible in order to avoid public protest even at the expense of incurring a fiscal deficit. However, government mismanagement of the fund also included using it for non-oil purposes such as financing other government projects or the public sector deficit when it was in surplus (Pilapil 1996, p.12).

At the height of a strong lobbying effort for deregulation by oil companies and despite the loud opposition of militant groups, the industry was eventually deregulated in 1996 with the enactment of RA 8180 (the Downstream Oil Industry Deregulation Act of 1996) in Congress.

However, Supreme Court declared in 1997 the unconstitutionality of RA 8180. The Court decision stemmed from three provisions in the law that were deemed to inhibit free competition and therefore, violated the anti-trust mandate of the 1987 Constitution (Supreme Court 1997). But administration Congressmen quickly re-filed the oil deregulation bill leading to the new oil deregulation law. RA 8479 was then enacted to pave the way for the full deregulation of the oil industry. Since then, government has no longer control over the industry. What it can do is only monitoring.

Applicable Models

The policy model that best describes the policy process is Vig and Kraft 1984 model where policy stages/phases are characterized by five elements: 1) agenda setting, 2) policy formulation, 3) policy adoption, 4) policy implementation, and 5) policy monitoring.

On the other hand, the model that best describes the policy approach is Mixed Scanning because the Ramos administration resorted to rational planning process and incrementalized on liberalization plan of the Aquino government.

II. THE POLICY IN THE CONTEXT OF THE POLICY SYSTEM

The Policy Environment

Identified policy environment includes the regime characteristics of Ramos Administration, socio-economic structure in 1990's, and the prevailing international financial influence on the country's economy and politics.

The Policy Stakeholders

Identified as stakeholders in this policy are the Filipino people, the President, Legislators, Supreme Court, DOE, DOJ, DTI, NEDA, the oil companies, NGO/advocacy groups, and media.

The Interrelationships Between Policy Environment And Stakeholders

Despite a strong opposition coming directly from ordinary people, transport groups, and NGOs, the oil deregulation policy was still pushed through. It was formulated and instituted under the regime of President Ramos who, in his flagship program called the Philippines 2000, envisioned to make the country globally competitive by pursuing the thrusts of deregulation, market liberalization, and privatization. The media then exposed the fact that the biggest factor that influenced the formulation of the policy was the perceived eventual bankruptcy of the Oil Price Stabilization Fund, which had been originally established by President Ferdinand Marcos for the purpose of minimizing frequent price changes brought about by exchange adjustments and/or an increase in world market prices of crude oil and imported petroleum products.

Influenced by the International Monetary Fund, Ramos administration argued that there was a need to deregulate the industry because under a regulated environment, prices are not allowed to rise and fall with market levels. This means that when prices went up, government had to shell out money to subsidize the difference between the old and the new price.

According to the National Economic Development Authority (NEDA), had the government opted not to deregulate, OPSF obligation would have ballooned to at least P8.3 billion in 1998. The P8.3 billion is equivalent to the construction of more than 4,500 kilometers of provincial roads, 51,000 deep wells of potable water, 25,000 school houses, or free rice for 20% of the poorest Filipinos (Bernales 1998)

The Supreme Court in 1998 ruled in favor of the constitutionality of the Downstream Oil Industry Deregulation Act of 1998. Since then, it has been the policy of the subsequent administrations to deregulate the industry. DOE, DTI, DENR, DOST are agencies mandated to serve as the monitoring-arm of the government.

Is The Policy Working?

The answer is obviously "No." IBON Foundation reported that the Oil Deregulation Law has further strengthened the monopoly of the big oil companies as automatic oil price hikes are allowed. Consequently, other oil companies took advantage of the policy, hiking pump prices of all petroleum products by around 535% since the Oil Deregulation Law was first implemented in April 1996 (Bicol Today 2007). The policy is also unable to solve or, at least, mitigate the effects of global oil crisis.

III. THINKING ALOUD

A. Repeating The Process

a.1 Problem Definition/Structuring

It has been recognized that the problem with oil is far from over as deregulation policy fails to meet its goal to foster a truly competitive market and reasonable oil prices. The current president herself, Gloria Macapagal Arroyo, acknowledges the fact that the oil crisis is threatening to erode the very fiber of the Philippine society.

Unlike in 1998, the crisis today seems to be more irreparable as the United States is facing what many economists describe as the worst economic crisis in its history, triggering unstoppable skyrocketing of oil prices and prices of foodstuffs around the world. As already stated, the oil crisis is a global one and has to be addressed not only at the national level, but at the international level as well.

But why is the oil crisis a global crisis? Is it really beyond the government control?

The Philippines, like many other nations, buys the oil at the spot market. By "spot" is meant, that one buys the oil at a market only 24 to 48 hours before one takes physical (spot) delivery, as opposed to buying it 12 or more months in advance. In effect, the spot market inserted a financial middleman into the oil patch income stream.

Today, the oil price is largely set in the two futures markets: London-based International Petroleum Exchange (IPE) and the New York Mercantile Exchange (NYMEX). Here, traders or investors buy or sell certain commodities like oil at a certain date in the future, at a specified price. Basically, traders invest in the futures market by buying futures contracts called "paper oil" or simply paper claim against oil. The very purpose of buying oil is not to wait for the actual delivery of the physical oil in the future, but to sell the paper oil to another trader at a higher price. That's how investors engage in widespread speculation; and it is becoming a viscous cycle. Almost all countries, including the Philippines, buy the oil at the spot market where the price is already at its peak.

In a year 2000 study, Executive Intelligence Review (EIR) showed that for every 570 "paper barrels of oil"-that is futures contracts covering 570 barrels-traded each year, there was only one underlying physical barrel of oil. The 570 paper oil contracts pull the price of the underlying barrel of oil, manipulating the oil price. If the speculators bet long-that the price will rise-the mountain of bets pulls up the underlying price (Valdes 2005).

This only disproves the popular assumption that oil price hike has something to do with the "law of supply and demand." In fact, as much as 60% of today's crude oil price is pure speculation driven by large trader banks and hedge funds. It has nothing to do with the convenient myths of Peak Oil. It has to do with control of oil and its price (Engdahl 2008).

In its recent statement, IBON Foundation cited a study conducted by the U.S. Senate Permanent Subcommittee on Investigations, which revealed that 30 percent or more of the prevailing crude oil cost is driven only by speculation. IBON further cited that speculation adds about $35 to a barrel of crude oil (Martinez 2008).

a.2 Developing Alternative

In the face of the alarming oil price hike that threatens the survival of ordinary Filipino people, a number of stakeholders call for alternative solutions: 1) amendment of the Oil Deregulation Law, 2) scrap/repeal the law, 3) removal of 12% vat on oil, 4) seek alternative sources of energy, and 5) engage in country-to-country oil agreement.

a.3 Options Analysis

1. Amendment of the Deregulation Law

As the public continues to hurt from surging oil prices, many policy makers call to re-examine the Downstream Oil Industry Deregulation Act of 1998. One of whom, is Ilocos Sur Rep. Eric Singson who has sought several amendments in the said law to ensure transparency in the pricing of oil products and encourage greater competition in the retail industry, which has been under the influence of giant oil companies. He cited the need to amend Sections 14 and 15 of RA 8479 to strengthen the powers of the Department of Energy (DOE) so it can effectively carry out its mandate to inform and protect the public from illicit practices in the oil industry and to provide more financial assistance for the establishment and operation of gasoline stations, which will encourage investment and fair competition (Malacanang 2005).

2. Scrap/Repeal the Oil Deregulation Law

To many, amending the law is not enough to rectify the skyrocketing prices of oil and oil-based products; they demand for the repeal, instead. A lawmaker from the Lower House, Cagayan de Oro City Rep. Rufus Rodriguez filed House Bill 4262 aiming to repeal Republic Act No. 8479, arguing that instead of fostering a competitive market, the law has only strengthened the oil cartel in the country and brought the oil prices up. The bill also seeks to re-establish the Oil Price Stabilization Fund. He articulated that dominant oil companies still dictate the price because even new oil industry players get their supply from the giants (Sisante 2008).

Militant groups and other non-government organizations have staged rallies and strikes all over the country in opposition of the deregulation policy. Kilusang Mayo Uno (KMU), one of the country's prominent labor groups, contested that cartelization still exists amidst deregulation. In its recent statement, KMU articulated that with recent Dubai oil prices pegged at $97 per barrel (as of 3rd week of September), local price of diesel is at P49/liter; while when Dubai crude was at $97/liter on Nov. 6, 2007, diesel in the Philippines was sold only at P37.95/liter, or P11.05/liter lower than the present rates (GMANews.TV 2008).

3. Removal of 12% VAT on oil

Senator Mar Roxas said that government must heed calls to remove the 12% value-added tax (VAT) on oil and oil products as prices continue to go up despite the lowering of oil prices in the world market. Roxas had filed Senate Bill No. 1962. However, in her eighth State of the Nation Address (SONA), President Arroyo, stated that it will be the poor who will suffer the most from the removal of VAT on oil and electricity as this will mean the loss of P80 billion in programs being funded by her tax reform (Arroyo 2008).

4. Alternative sources of energy.

While many have engaged themselves in the long-running debate about amendment vs. repeal of the law, a number of stakeholders argue that Philippine government must, instead, focus on alternative sources of energy to rectify the heavy dependence on imported oil. Senator Juan Miguel Zubiri, now considered "Father of the Philippine Biofuels Bill," has hyped biofuel as the miracle product which can lower oil prices. But more and more scientists are worried that focusing on biofuels could jeopardize food production.

The Philippine LaRouche Society, an increasingly emerging think tank organization in the country, says that biofuel advocacy is a losing proposition as it competes with food production for human consumption. The organization calls, instead, for the revival of the Bataan Nuclear Power Plant (BNPP) as soon as possible to provide the population with a cheap, reliable, and continuous source of power to subsequently free the people from dependence on oil. The organization further articulates that since that will require huge financial requirements, the Philippine government must, therefore, declare a moratorium on foreign debt payments-since much of which are onerous and merely product of "bankers arithmetic" (Billington 2005).

5. Country-to-country oil agreement

The Philippine LaRouche Society has long been proposing to the government to initiate immediate steps to establish bilateral contract agreements with oil-producing countries of not less than 12 months' government scheduled deliveries at reasonable, fixed prices. Government can also enter into commodity-swap agreements with oil-producing countries.

As a member of the United Nations and other intergovernmental associations like APEC and WTO, the Philippine government should join the growing worldwide call for a fair and honest oil trading by de-listing oil as a commodity traded in the futures market.

a.4 Deciding the Best and Most Feasible Option

It must be known to all the Filipino people that oil deregulation, as a policy, has failed to foster a truly competitive market towards fair prices and adequate, continuous supply of environmentally-clean and high quality petroleum products. Proposed solution # 2 (scrap/repeal the Oil Deregulation Law) is therefore a better option. But repealing the Deregulation Law is not the ultimate answer to the rise in oil prices. Even if the law is repealed, the Philippines will still be subjected to the same factors-a rise in oil prices in the global market.

Proposed solution # 5 (country-to-country oil agreement) can address the issue of the oil crisis at the international level. How about the efforts to solve the crisis at the national level?

The Philippine government must revive the Bataan Nuclear Power Plant to provide the population with a cheap, reliable, and continuous source of power to subsequently free the people from dependence on oil. As proposed, government must direct enough funds, instead for debt servicing, towards the revival and upgrade of BNPP. Removal of the entire E-VAT, not only on oil, must also be taken into consideration to ease the pain of the Filipino people. By moratorium, government doesn't have to extract a pound of flesh out of every Filipino to have the means to fund its programs.

B. Why seemingly "better" options are not adopted? The Peculiarities of the Philippine Policy System

From the standpoint of the present administration, amending RA 8479 seems to be difficult to adopt because re-regulating the oil industry would mean subsidizing oil prices-something like OPSF. To many, this does not work in an era of rising crude prices because it would entail government resources. This is where debt moratorium comes in as an effective fiscal strategy. But moratorium, to many skeptics, is unwise because they fear the blackmail or retaliation of the multinational creditors. Our leaders must learn how then President Nestor Kirchner of Argentina defied the predatory financial institutions, averring that "There's life after the IMF."

On the other hand, many leaders deem country-to-country oil agreement impossible to implement as the giant oil companies have still strong influence on the policy-making process in the country. On the part of the oil companies, it will be a huge loss if government will assert its power to have a bilateral agreement with any of the oil-producing country. Also, many leaders consider the Philippines as a small nation with no voice in the international assembly. But it is a matter of having "big balls," to put it in a figurative language. After all, they are the leaders and are mandated by the Constitution to protect and promote the general welfare.

Another peculiarity of the Philippine policy system is the negative perception towards nuclear energy. BNPP has been stigmatized as being environmentally dangerous and as being associated with "corruption." The fact of the matter is, the technology has already evolved and been modernized. The Philippine government spent $2.3 billion to build BNPP without generating a kilowatt of electricity. It is high time to revisit the old strategy to finally free the country from dependence on imported oil.

It is worth mentioning that the International Atomic Energy Agency inspected the power plant in Bataan early this year and reported that this could be rehabilitated, in full compliance with high international safety environment standards, in at least five years at a cost of $800 million (Burgonio 2008). The Philippine LaRouche Society emphasizes the importance of declaring debt moratorium as a fiscal strategy to start the rehabilitation. The organization argues that the Philippines is servicing the debt over US $10 billion per year, which is more than enough to start the full operation of BNPP (PLS 2008).

IV. INTEGRATION AND RECOMMENDATIONS: TOWARDS A BETTER PUBLIC POLICY SYSTEM

With the recognition that oil crisis is a global oil crisis, affecting the lives of all inhabitants of our planet, it is incumbent, therefore, upon the leadership of the Philippines to immediately take the following steps:

A) To immediately repeal the oil deregulation law, for the government to assert its sovereign power to have control over the oil industry and economy as a whole.

B) To propose at any international summit or assembly that oil, being a commodity, critical to the continuation of human life, be de-listed as a commodity traded in the futures market, thereby escaping the clutches of unscrupulous people and speculative financial institutions.

C) To initiate immediate steps to establish bilateral contract agreements with petroleum-producing countries of not less than 12 months' government scheduled deliveries at reasonable, fixed prices.

D) To design a comprehensive energy development program, such as nuclear power plant being the most cost-efficient source of energy to date, for the purpose of freeing our country from complete dependence on imported energy sources. To this end, moratorium on foreign debt must be taken into account as a paramount fiscal strategy.

The crisis, which we now face as a nation, requires understanding of the problems through diligent study and concomitant courage to do what is right for the benefit of the present and future Filipino generations.

Occupy Wall Street Explained MERS Scandal & Fraud_1 of 3.mpg

Occupy, Wall Street, Explained, MERS Scandal, Validation of the debt, Gold , Fort Knox , twin towers, prophecy , Babylon, revelation 17, 2012,THE FINANCIAL CRISIS INQUIRY REPORT www.gpoaccess.gov 1. MERS Scandal livinglies.wordpress.com part 1: www.youtube.com Part 2 www.youtube.com Part 3 www.youtube.com www.youtube.com click on all videos 2. UCC 1 Filings form US TREASURY against FEDERAL RESERVE SYSTEM img690.imageshack.us 3. Report scorns Fannie Mae for robo-signing www.tennessean.com www.gpoaccess.gov www.fhfa.gov 4. Secrets of the Temple www.amazon.com 5. where is the Gold ( Good History) www.xat.org 6. Fair Debt Collection Practices Act � 809. Validation of Debts www.15usc1692g.com Uniform Bonding Code fedgeno.com 7. Daniel 2 www.biblegateway.com 8. Comet Elenin www.nasa.gov 9. Planet Nibiru docs.google.com 10. 2012 beginning of last seven plagues and wrath of God www.youtube.com 11. Seal of God www.youtube.com 12. Prophetic Symbols www.prophecycode.com 13. Giants. Genesis 6 :4 clubadventist.com 14.Book of Enoch reluctant-messenger.com

(Part 4 of 5, 09.21.10, Foster City, CA) FAIR DEBT COLLECTION ACT with Robert Childs, FMA

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) ------------------------------------------ www.ftc.gov www.ftc.gov en.wikipedia.org www.expertlaw.com www.californiadebtblog.com =========================== Federal Trade Commision - Your Consumer Rights ----------------------------------------------- www.ftc.gov =========================== CREDIT EXERTS SINCE 1990 Financial Market Advisors (FMA) has worked with thousads of people to educate and improve their credit scores! Financial Marke Advisors has an expert staff,which has been challending the credit reporting agencies on our clients' behalf for over 20 years. Using a variety of lawyers, accountants, and other repair specialists, FMA has practically redefined the words "credit repair". With our 20 years of experience and proven credit repair strategies, we can legally REMOVE inaccurate, outdated, or unverifiable itmes from THEIR credit report. We can remove: * Late Payments * Collections * Charge Offs * Bankruptcies * Inquiries * Judgements/Liens * Repossessions * Foreclosures * Identity Theft/Fraud * Incorrect Personal Info We can also show you how to build positive new credit and what to do to keep your score as high as possible. We provide: CREDIT REPAIR SERVICES. Let Us Give You a FREE Initial Consultation. Call US Today. FINANCIAL MARKET ADVISORS 239 MAIN STREET, SUITE E PLEASANTON, CA 94566 1.800.398.5008 GOOGLE MAP: maps.google.com A referral is the best form of appreciation. THANK YOU for your time and consideration ...

How to adhere up on Debt Collectors

How to hang up on a debt collector, this is simple instructions too hanging up.

Debt Collection -- 5 Dirty Tricks -- False Credit Reporting After You Settle The Debt

Free Criminal Background Check - Get Someone's Criminal History Free

Getting a free criminal background check is definitely something that is in high demand. With all of the current events pointing to relatives and close family friends as the culprit to some of the most violent and disgusting crimes, these types of reports are becoming common place in our society.

So, how do you get free police records?

In order to get someones criminal history check completely free of charge one must understand the technology that they currently have at their disposal. Where is the first place that most people go for information on line usually? Yup, you guessed it, Google. The same holds true for trying to lookup public records. You will be surprised to know that most newspapers and courthouses publish certain information online. This type of information normally includes arrest records and criminal history logs. For instance, if a news paper has a section of the paper that includes a police and fire section usually they will have a list of arrests for any given week.

It is because of this that you can often times dig up relevant information online by simply searching for their name, phone number, or address. It is wise to search for the various terms in a number of ways including, with quotation marks, without quotation marks, and different variations that you can come up to. One thing to keep in mind that due to the sheer power of a tool like Google you are often going to have many thousand or hundreds of thousands of results to sift through. Because of this, it is not always possible to rely on this method unless you have plenty of free time. This is especially true when you are seeking to do a criminal lookup on a person with a common name.

Is There another way to access public records?

Yes, there certainly are other options to get to the bottom of someones criminal past. when someone gets arrested or convicted of a felony or a lessor charge, this information is often considered to be a matter of public record. Because of this, you may be able to gain access to someones arrest record by getting access to the courthouses public database.

In order to do this though, you will first have to make an initial visit to the court in whatever jurisdiction the person lives in or has lived in for a majority of their life and fill out an application for information. Often times the different courts might have a website where you can apply electronically however, most of them require that you do it in person. After you have filled out the proper paperwork it usually takes anywhere from twenty four to seventy two hours for them to either approve or deny your request. If you are approved you will then have the opportunity to visit the courthouse and gain a limited amount of access to the public records database.

Keep in mind that the information that you are presented with is usually not organized or sorted in any particular way and it could take you several days to get the police records that you are looking for. It is also worth mentioning that if the person that you are investigating has lived in more than one city or state that these steps could possibly have to be repeated several times over in order to get the records that you are looking for. The people that have the most amount of success with this method are the people that have disposable time or time that is not already dedicated to other projects. While time consuming, if used correctly with a little bit of patience success is possible.

What if the above methods do not get me the background check I need?

If the above methods fail to get you the free criminal background check that you are looking for it is possible that you have to explore other options. By other options I am referring to sites that are available online for all of us to use that maintain a database of most of the countries population and the crimes they have convicted along with relevant convictions. One thing about these types of sites that is important to note is that the results are instant. From the time you enter the website you are in possession of a criminal history report in under a few minutes. It is this feature alone that makes these services so attractive and convenient to the do it yourself investigator. The report includes a detailed criminal background report on the target of your investigation that includes information such as arrests, convictions, address report, phone report, social security number verification, known associates, bankruptcy information, marriage records, divorce records, and other information that might be pertinent to your investigation.

CALMAT: BUS526 - [Green v Hocking] abuse Fair Debt Collection Practices Act

CALMAT BUS526: Chapter 33 Q14 - Defendant Hocking is an attorney who filed a collection suit on behalf of a client. On Nov 19, 1986, Lynn Green used a VISA credit card to purchase an electronics keyboard for $196.44 from Highland Appliances, Inc. VISA refused to accept the charge, and Highland assigned the debt to the Lee Corp.. In June 1991, Hocking, serving as the attorney for Lee Corp., filed a complaint in state court against Green. After the parties settled the underlying dispute, Green sued in federal court, alleging that Hocking violated FDCPA by misstating the total amount due based on his incorrect calculation of the appropriate interest rate. The complaint alleged that Hocking violated 15 USC Sec. 1692e(2)(A) of FDCPA 15 USC Sec. 1692f(1) of FDCPA

Role played by FDCPA and CFPB in accumulating industry

Watch the reporter explain the role played by FDCPA and CFPB in the debt collection industry.

Challenges of Local Government Institutions in Bangladesh

1. Ideas and practices of local government:

Most people consider public representatives as local guardians who work with them, and with whom they can share all sorts of personal, social, religious and political thoughts and beliefs. With the increase in power and volume of activities of the government, the responsibility and duty of the local government has also been increased by several times. Around the world most challenges people face are local. So, the best way to solve them is through local initiatives and local leadership by awakening and mobilizing people. Authorities closest to the citizen or rather citizens themselves by getting directly involved can greatly contribute in solving public problems. This is how the local government takes its shape. Local government brings decision-making closer to the people. A strong local government system can ensure good governance through transparency, accountability, effective participation and equal opportunities for all. Most importantly, this system can ensure development at the grassroots level. Strong local government institutions strengthen democracy, ensure good governance, and at the same time quicken the pace of political and socioeconomic development of the country.

1.1. New view of local government:

Local government is based on community governance, and focused on citizen-centered local governance. It is the primary agent for the citizens and leader and gatekeeper for shared rule, is responsive and accountable to local voters. It is purchaser of local services, and facilitator of network mechanisms of local governance, coordinator of government providers and entities beyond government, mediator of conflicts, and developer of social capital. It is externally focused and competitive; ardent practitioner of alternative service delivery framework; open, quick, and flexible, innovative. It is risk taker within limits, autonomous in taxing, spending, regulatory, and administrative decisions. It has managerial flexibility and accountability for results. It is participatory; and works to strengthen citizen voice and exit options through direct democracy provisions, citizens' charters, and performance budgeting. It is focused on earning trust, creating space for civic dialogue, serving the citizens, and improving social outcomes. It is fiscally prudent; works better and costs less, inclusive and participatory. It overcomes market and government failures. Local government is connected in a globalized and localized world

1.2. Citizen-centered local governance:

Reforming the institutions of local governance requires agreement on basic principles. Three basic principles are advanced to initiate such a discussion:

* Responsive governance: This principle aims for governments to do the right things-that is, to deliver services consistent with citizen preferences.
* Responsible governance: The government should also do it right-that is, manage its fiscal resources prudently. It should earn the trust of residents by working better and costing less and by managing fiscal and social risks for the community. It should strive to improve the quality and quantity of and access to public services. To do so, it needs to benchmark its performance with the best-performing local government.
* Accountable governance: A local government should be accountable to its electorate. It should adhere to appropriate safeguards to ensure that it serves the public interest with integrity. Legal and institutional reforms may be needed to enable local governments to deal with accountability between elections-reforms such as a citizen's charter and a provision for recall of public officials.

The distinguishing features of citizen-centered governance are the following:

* Citizen empowerment through a rights-based approach (direct democracy provisions, citizens' charter);
* Bottom-up accountability for results;
* Evaluation of government performance as the facilitator of a network of providers by citizens as governors, taxpayers, and consumers of public services.

1.3. Local government as an institution to advance self-interest: The public choice approach:

The approach has conceptualized four models of local government:

* A local government that assumes it knows best and acts to maximize the welfare of its residents conforms to the benevolent despot model.
* A local government that provides services consistent with local residents' willingness to pay conforms to the fiscal exchange model.
* A local government that focuses on public service provision to advance social objectives conforms to the fiscal transfer model.
* A local government that is captured by self-interested bureaucrats and politicians conforms to the leviathan model, which is consistent with the public choice perspectives.

1.4. Local government as an independent facilitator of creating public value: new public management (NPM) perspectives:

Two interrelated criteria have emerged from the NPM literature in recent years determining, first, what local governments should do and, second, how they should do it better. In discussing the first criterion, the literature assumes that citizens are the principals but have multiple roles as governors (owner-authorizers, voters, taxpayers, community members); activist-producers (providers of services, co-producers, self-helpers obliging others to act); and consumers (clients and beneficiaries). In this context, significant emphasis is placed on the government as an agent of the people to serve public interest and create public value. This concept is directly relevant to local and municipal services, for which it is feasible to measure such improvements and have some sense of attribution. The concept is useful in evaluating conflicting and perplexing choices in the use of local resources. The concept is also helpful in defining the role of government, especially local governments. It frames the debate between those who argue that the public sector crowds out private sector investments and those who argue that the public sector creates an enabling environment for the private sector to succeed, in addition to providing basic municipal and social services.

2. History of Local Government Institutions in Bangladesh:

Bangladesh shares its history with the undivided Indian subcontinent. The British in India in fact gave local government a legal shape with municipal administration system for the first time in 1793. But, prior to that, an identical system of local village society did exist in India, where Gram Panchayet (local government village tier) had a significant role. In the gradual development of the system, the Bengal Act 1842 and Municipal Act 1850 were introduced. The local government system got a stronger foundation when 118 Municipal Boards were formed in Bengal in 1947 after inclusion of provisions relating to a newer system of social arbitrations, conservancy activities and appointment of choukidars (guards) for maintaining security in villages and towns. In 1972, the local government system got a newer magnitude in independent Bangladesh.

After independence of Bangladesh in 1971, the Constitution of Bangladesh emphasizes the need for establishing local government with a representative character (Chapter 3, Article 59). Article 59 mandates the creation of elected local bodies at each administrative unit- District, Upazila (sub-district) and Union (currently lowest tier of local government). To put it simply, these bodies are for the management of local affairs by locally elected persons. Local government, by definition, is democratic self-governance and so accountable to the people.

There are two types of local government settings in Bangladesh, rural and urban. At the rural level the existing system provides a three-tier structure, which is Zila (district) Parishad (office), Upazila Parishad, and Union Parishad (UP). At the urban level the six largest cities have City Corporation status, while the rest are known as Pourashavas or Municipalities. These bodies are entrusted with a large number of functions and responsibilities relating to civic and community welfare as well as local development.

The UP is responsible for executing 48 duties. Among them 38 are optional and 10 mandatory. These responsibilities are divided into four categories. These are civic duties (building roads, bridges etc), tax collection, maintaining law and order, and lastly development work. In spite of the importance and potential of local government institutions, they remain weak in Bangladesh. The past few years show they have become even weaker.

3. Challenges of Local Government Institutions in Bangladesh:

3.1. Attitude of public administrators toward local governments:

Bureaucracies resist changes out of the fear of alteration or disturbance of the status quo and their resistance primarily grows out of fear of disrupting organizational communication. According to Henry Frank Goodnow says, bureaucracy is a two-edged sword, which can be a force for good or for evil. It may prompt democracy or totalitarianism. It may be feared or respected or merely accepted. Joseph La Palomba comments, the presence of a strong bureaucracy in many of the new states tends to inhibit the growth of strong executives, political parties, legislatures, voluntary associations and other political institutions essential to viable democratic government.

Warren Bennis summarizes some of the deficiencies in bureaucracies, which adequately suit the characteristics of bureaucracies in Bangladesh as well:

* Bureaucracy does not adequately allow for personal growth and the development of mature personalities.
* It does not take into account the "informal organization" and the emergent unanticipated problems.
* Its systems of control and authority are hopelessly outdated.
* It has no judicial process.
* It does not possess adequate means for resolving difference and conflicts between ranks, and most particularly, between functional groups.
* Communication (and innovative ideas) are thwarted or distorted due to hierarchical decisions.
* The full human resources of bureaucracy are not being utilized due to mistrust, fear or reprisals, etc.
* It cannot assimilate the influx of new technology or scientists entering the organization.

3.2. Participation by the people:

The Constitution of Bangladesh implies direct participation of the people in forming the local bodies and in managing the affairs of such bodies. There are different levels of participation, participation in decision-making, participation in implementation, participation in benefits, and participation in evaluation.

But in reality, the spirit of people's participation in local bodies has not always been adequately maintained. The society of Bangladesh is basically a hierarchic system based on a person's social position, caste, status, educational background, seniority, and gender. The principle of hierarchy in interpersonal relationship, is, and for hundreds of years has been accepted as necessary and morally right in rural Bangladesh, even among the Muslims. In a hierarchic system, roles and duties in relation to others are defined in details. If these are not followed, chaos and conflict are expected to result.

A patron-client relationship binds group members with specific norms and values. These norms determine role definition and role expectation, i.e., the role of a patron and a client. The concept of obedience and deference to patrons by a client is an important value in a hierarchic society like Bangladesh. Patterns of rights and duties maintain both order and balance in our society. Superiors in the society are supposed to give orders and advice to those with a lower status. People having low ranks are treated as children and they enjoy little opportunities. The patron-client or parent-child relationship developed over centuries has taught the superiors to be harsh and commanding towards the subordinates, and has taught the subordinates to be respectful to afraid of the superiors of the society. Due to power distance in the society, the subordinates seek direction and guidance from the superiors. Subordinates or those with lower rank in the society feel dejected when they don't receive favor from the superiors. In practice, the people being loyal to the superiors are bestowed with favors (even undue), and those who do not are distanced and discriminated.

This dynamics of social belief and behavior inhibits the common mass in participating in decision making process of the local government institutions, or holding them accountable for their activities.

3.3. Structural defects:

Decentralization of political and administrative authority at the local government level that has the potential to de-concentrate decision-making and bring people closer to public governance have the merit of weakening abuse of power, strengthening accountability and combating corruption convincingly. This is revealed through a recent UN survey that demonstrates that introduction of elaborate audit systems, corruption commissions etc. without due regard to the rule of law, independence of judiciary, civil liberties, economic and political decentralization make little or no impact on corruption. Corruption resells in loss of confidence in local government among the people. Funds for projects like Food for Work or disaster relief are all too often misused by local leaders; even VGF (Vulnerable Group Feeding) cards go to their relatives and friends rather than those who really need it.

The extent and quality of people's participation have been variable. The most direct participation is the opportunity of casting votes during the election to local bodies. But elections are not held at regular intervals. Since Independence in 1971, successive governments have tried to use the local government system for their own political interests. The party or regime in power wanted to make the local government representatives their power base and manipulated the system to this end.

Regarding the structural or constitutional defects in local government, it can be said that the country is being governed through a constitutional, democratic system, while local government is being run through a presidential system. In local government all the powers centre around one person. This unchallenged power of an individual is giving rise to corruption and autocracy in local government bodies, where a chairman of a UP or municipality, or the mayor of a city corporation, enjoys all the power. Members of a UP and the ward commissioners of municipalities or city corporations hardly have any role in the implementation of any development project or program in the locality.

They fear local administrations might be rendered ineffective and law makers might end up lording over Upazila Parishads, running the risk of letting corruption creep into the system, if MPs (Members of Parliament) are allowed to have their previous controlling authority over the elected local governments.

Recently National Institute of Local Government (NILG) and Volunteer Service Overseas (VSO) Bangladesh jointly conducted a study titled "Exploring the challenges and potentials of UP standing committees", which was intended to explore the role of standing committees in the decision making process at the UPs. The study report published on 6 May 2009 says that 60% of the committees are not functioning, and it identifies some major reasons for non-functioning of the standing committees, such as, apathy of UP chairmen, ignorance of members and lack of resources and proper monitoring system. The report says the UP chairmen dominate while taking decisions and do not think that the committees are very important in this regard.

3.4. lack of fund and influence in fund utilization:

UP receives a major portion of the funds from the Annual Development Programme (ADP). This funding system is full of loopholes creating serious setbacks in development activities. Funding by ADP is paid in installments, which are called block grants. This block grant does not flow to the UP directly; rather it is channeled through the Upazila. At the Upazila level interference from the administration usually slows down the flow and hampers the development plan. The criteria for allocation include on population, size of an area and the level of backwardness. As the administration controls the distribution process, it tends to be biased.

The allocation is also prone to political interference. The interference by MPs in the UP affairs, particularly in development activities, has weakened the UPs' independence. The MPs often dictate the development activities to be undertaken, most of the times without consulting with the local elected representatives or assessing actual needs. Ruling party MPs tend to intrude more in the UPs' development planning. Even if there is no ruling party MP in the area the local leaders of the ruling party meddle in the process.

Moreover, the UP authorities usually have no idea how much money they are about to receive, which makes planning for future development work impractical. The development projects get stalled if the installments do not arrive on time, which is often the case. Most UPs receive the installments when the fiscal year is about to end.

ADP allocation to UP is less than 2 per cent of the annual budget. For development activities, this amount is considered inadequate. The maximum amount in implementing a development project is only Tk 50,000 which is also insufficient. Furthermore, this fund is not released unless bribes are paid, as local UP members claimed.

3.5. Political government's willful stance on local government institutions:

The new Upazila Pashishad Act passed by the current Awami League government provides that the Members of Parliament would be advisers to the Upazila Parishads. According to the law, no development plans can be taken or no programs can be implemented by the Upazila Parishads without the advice of the concerned MPs, and even any communication between Upazilas and the government must be informed to the MPs. This act explicitly contradicts the notion of modern government with its three branches - legislative, executive and judiciary - being mutually interdependent. While the voice gets stronger for separation of powers among its branches in order to ensure checks and balances, the government rather tends to merge the branches into one. In principle, the legislators are supposed to enact laws, make budgetary allocations, debate policy issues, approve foreign treaties, and most importantly exercise parliamentary oversight over the executive actions through standing committees. This act is in contradiction with Article 59 of the Constitution, which empowers the locally elected persons to run local affairs. In the name of advice, the MPs will obviously exert their authority to control the affairs of the local bodies, which denounces the democratic spirit of representative local bodies.

A judgment in 2008 by Justices ABM Khairul Haque and ATM Fazle Kabir states that "The Local Government Bodies in every administrative units of the Republic are charged with the functions relating to administration and the work of public officers in the local area, the maintenance of local order and other nation-building development activities there. Neither the Ministers nor the members of Parliament can abdicate the functions of the elected members of the Local Government Bodies in respect of their functions in the concerned administrative units." It further says, "While the Executive Government under chapter-II would run the administration, development and other ancillary matters for the entire country as a whole, but at the same time the people at the grass-root level should also be made responsible for the development of their own respective areas, on the formation of local government bodies, in order to bring the development and also administration to their door steps so that they can be responsible as well as self-reliant and also become part of the over-all nation building process."

In another judgment in 1992, the Supreme Court holds that "Parliament is not free to legislate on local government ignoring Articles 59 and 60." It further states about the functions of local government bodies... "local elections, procedure for public accountability, independent and substantial sources of income, clear areas of independent action and certainty of powers and duties and the conditions under which they would be exercised."

As per the law, at least theoretically, the Upazila Parishads have lost their characteristics of local government bodies, since in the name of advice, the MPs are authorized to control the activities of the bodies.

Squeezing the hope for effective local government:

As a matter of fact, what one has come to expect in Bangladesh is that after a party is overwhelmingly voted into power, they try and monopolize as much power as they can get, appoint loyal people to important posts and then seemingly do everything possible to tarnish their names. The current government has respected its own election pledges to strengthen local government, and has abused its mandate as well. There was a hope that the current government would provide further authority to the Upazila chairmen by changing the previous Upazila ordinances, but practically the government has abolished the local government commission.

The current law has already given rise to a row among Upazila chairmen and MPs, and it is likely that this discord will affect the chain of the party leadership, which will further destabilize the political arena of the country. The Parishads will face serious difficulties if the MPs are provided with offices in Upazila Parishad complexes, and it might also disrupt local development. Interference of MPs with the functioning of the local government has been blatant, they said alleging that lawmakers want to get involved in Upazila level development because an enormous amount of money is circulated through the local development circuit.

A group of newly elected representatives of Upazila Parishad in a view-exchange meeting at Jatiya (national) Press Club threatened to declare lawmakers persona-non-grata in Upazila Parishd complex areas if the Upazila Parishad Act 2009 is not cancelled immediately. They also formed a forum titled "Bangladesh Upazila Chairmen Forum". Around 250 UP representatives attended the meeting that decided to hold a council of the forum within three months. The chairmen at the meeting also threatened to launch a tough movement to realize their demand for scrapping the Upazila Parishad Act 2009 and ensure the democratic rights of UP representatives. They feared that taking advantage of the act's provisions, lawmakers might misuse their power and indulge in corruption. This act will create obstacles for local administrations to conducting development works freely, they added.

3.6. Election of honest and qualified people in a free and fair environment:

It is an important task for us to elect honest and competent people in the next election for the progress of the society. We have noticed how black money and muscle power have dominated in the elections in the last 15 years. What can we expect from those who are going to power through such a system? It is useless to expect anything good from them. Use of money was commonly seen in the local government elections to buy votes to go to power. Culture of accumulation of wealthy and influential members, irrespective of their criminal records, and creation of private army by providing illegal facilities and protection is predominantly existent in the society. That provides the look in a political structure of wealth and physical strength and carries more weight as regards its effectiveness in election and other political operations in the present day social context. Due to hierarchical social system and taboos, absence of equality, social justice and strict laws, and presence of muscle power and black money, and due to political pressure from above, we see time and again almost the same people, or people with same negative or not positive characters, being elected in local government institutions.

3.7. Intervention by central government:

Local government leadership and representation is now only equated with getting elected, with no meaningful mechanisms of representation or functionality. The local government bodies have virtually no power to plan and execute development actions or to formulate their budgets independently. The UP chair and members who are accountable to the voters soon realize the fact that they have practically no power to serve the people and work for local development. Vital services like education, health, and social welfare are centralized at the Upazila level. The leaders have almost no management role in these matters, rather the administration at the Upazila level control these services.

Here are few observations regarding local government by prominent people:

* The local government cannot be strong enough in a country where the local government ministry is too strong and intends to control it. - Dr Mahabbat Khan, Professor of Dhaka University (DU)
* It seems that the local government institutions act like a front organization of the ruling party. They should be independent and a local government commission, not any ministry, should control them. - Prof Dr Salahuddin M. Alimuzzaman, DU
* According to the constitution, the government should encourage the local government institutions, not control them. But some local government institutions are run by administrative officials, which is a violation of the constitution. Although laws allow the local government institutions to realize holding taxes, we cannot do it because of executive orders. - Advocate Azmatullah Khan, president of Municipality Association of Bangladesh
* "The people of Bangladesh were very shocked when the government increased the control of lawmakers over the local government against its pledge of strengthening the local government." - Shaheen Anam, executive director of Manusher Jonno
* The government does not want to keep the local government anymore as it wants to run the lower tier of the government with the lawmakers and own people. - Matiur Rahman Tapan, chairman of a UP, said in a roundtable
* It is not a struggle between the MPs and local representatives rather it is basically a problem of political culture. - Mahmudur Rahman Manna, Organizing Secretary of Awami League

3.8. Some core issues revealed by Prof Aminuzzaman:

* lack of comprehensive planning for decentralization;
* absence of wider consultation with people before devising decentralization strategies;
* lack of mobilization of popular support in the reform process;
* over-emphasis on deconcentration in the decentralization plans;
* bureaucratic expansion in the name of decentralization;
* bureaucratic dominance remained intact even after decentralization;
* inadequate power and authority to people's representatives;

The tendency to cry out for decentralization in public and suffocating the sincere efforts in practice is still the order of the day in Bangladesh and most other developing countries. Though the perennial bureaucratic resistance is the principal culprit in this scam, collusive and docile political leaders cannot deny their share.

Professor Dr. Tofael Ahmed (Professor, Chittagong University) and Professor Dr. Niaz Ahmed Khan, DU in Banglapedia (www.banglapedia.org) say, decentralization scenario in Bangladesh is little encouraging. In their words, evolution of decentralization in Bangladesh is characterized by: (a) domination by and complete dependence on central/national government; (b) unrepresentative character; (c) grossly inadequate mobilization of local resources; (d) limited or lack of participation of the rural poor in the decentralized bodies; (e) successive regimes' marginal and superficial commitment to devolution or decentralization in practice.

Prof Aminuzzaman further said, it seems that the local government institutions act like a front organization of the ruling party. They should be independent and a local government commission, not any ministry, should control them.

It is utterly unfortunate that Upazilla level of Bangladesh local government, which has the makings of being a strong local government body, is not being put into operation only because of resistance from the elected lawmakers afraid of losing their supremacy in their respective constituencies.

3.9. Power distance as an obstacle to local government:

Most importantly, and somewhat paradoxically, a culture of accountability springs from an interaction between civil society and appropriate institutions, which generally have to be created by a strong central political force. However, the evidence from Bangladesh is more ambiguous on this point, suggesting that while decentralization was a significant catalyst for associational activity, the prevailing servant-master relationships between villagers and bureaucrats and council representatives did not easily support the making of complaints about bad behavior or lack of accountability.

4. Ways Out:

* For strengthening local government bodies, the hegemony of MPs, particularly imposed by the recent Act, must be curtailed.
* To make the local government institutions more functional, we need a decentralization policy in the light of our Constitutions.
* The political governments should not enact any laws, which undermine the spirit of the Constitution, or violates any articles.
* For increasing income of the local government bodies, land transfer fees can be increased, the local government bodies can be authorized to use jetties, water bodies and khaslands (state owned lands) and impose tax on electric poles, mobile phone towers and bill boards, will significantly increase the income of the local government bodies.
* Strengthening local government is the primary objective of the upazila system. Thus, agriculture, land administration, health and family planning, primary education, rural electrification, poultry, fisheries, live stocks, horticulture, social forestry, milk production, cooperatives marketing, etc. should be transferred to the Upazila Parishad. There should be, in fact, more devolution of power and delegation of authority to the Upazila Parishad.
* Large allocation from the ADP can be given for meeting financial needs of the local government institutions, which will build their capacity and will ensure grassroots development.
* The UPs can be authorized to construct roads, culverts and bridges in their respective areas.
* Honorarium of elected chairmen and members need to be enhanced, and an environment can be created so that honest and competent people could be elected.
* The current Upazila Act should be amended immediately.
* Activation of the UP standing committees can be done through joint monitoring and supervision by both public agencies and civil society bodies.

5. Conclusion:

Experiences in other parts of the world show that the closer the authorities and resources are to the people, the greater the benefits they bring for society. In Bangladesh, local government structures remain weak, posing as a major obstacle in achieving the goal of poverty alleviation programs. Local government as a political institution to ensure development and public participation in development activities is far from being an efficient tool of governance in Bangladesh. Being mostly poor and illiterate, particularly at the grassroots, the people hardly go to bureaucrats with their problems because they are afraid to approach them. As such, they approach the local public representatives, whom they consider as local guardians well aware of their needs and feelings. But, no step was ever made to train them up. Elected local bodies in the administrative units in fact ensure effective participation of the people in decisions that affect them, and this participation is a prerequisite for creating a democratic polity at all levels, which will deepen its roots. If people's voices are heard, and their opportunities of participation are upheld, democracy can be strengthened. If local government bodies are not strong and well functioning, development at the grassroots level cannot be ensured. To materialize the dream of building a democratic Bangladesh free from poverty, building a strong local government is a must. As such, bringing about reforms in the local government is now the demand of the time. The Charter of Change or Vision 2021, to turn Bangladesh into a respectable nation with the transformation of political culture and making the society corruption free, will be difficult to achieve unless a strong, honest and dedicated local level governance system emerges to support the central government.

Brad Davidzik on AM Buffalo Discussing Creditor Harassment & FDCPA

Attorney Brad Davidzik on AM Buffalo discussing the new FDCPA Law and what to do if you are a victim of abusive debt collectors.

DEBT COLLECTORS - TOMMY K DUB

WWW.MYSPACE.COM/DCUK08

Entering a New Client - Simplicity Debt Collections Software

Entering a new client in SimplicityCollect's collections software has never been easier. This instructional video will walk you through the process of managing and creating new clients within the software. Simplicity collections software is the industry leader in providing affordable debt collection software for your business. The software contains an easily customizable interface, unlimited cases and users, and all the traditional collection tools you will need to effectively collect your debt. Visit us at www.simplicitycollectionsoftware.com for more information.

Defending Debt Collection Lawsuits

Defending debt collection lawsuits by Birmingham, Alabama attorney Matthew Dunaway

"Commercial Collections Litigation," Carol Morokoff

Link to Lawline seminar: www.lawline.com Commercial collections litigation has increased as a result of the recent economic downturn, and as a result, more attorneys are expanding into this practice area. Join collections attorney Carol Morokoff for her presentation on the specific remedies available under the Fair Debt Collection Practices Act (FDCPA) and her best practices recommendations to improve collection success. Ms. Morokoff covers the entire litigation process from the type of summons and complaint to use to the awarding of default judgments. Finally, find out why collections attorneys should make the city marshals their "best friends." Ms. Morokoff's candor and humorous anecdotes make this program enjoyable to watch and a good primer on representing plaintiffs in collection actions.

Globalisation And Primary Education Development In Tanzania: Prospects And Challenges

1. Overview of the Country and Primary Education System:
Tanzania covers 945,000 square kilometres, including approximately 60,000 square kilometres of inland water. The population is about 32 million people with an average annual growth rate of 2.8 percent per year. Females comprise 51% of the total population. The majority of the population resides on the Mainland, while the rest of the population resides in Zanzibar. The life expectancy is 50 years and the mortality rate is 8.8%. The economy depends upon Agriculture, Tourism, Manufacturing, Mining and Fishing. Agriculture contributes about 50% of GDP and accounting for about two-thirds of Tanzania's exports. Tourism contributes 15.8%; and manufacturing, 8.1% and mining, 1.7%. The school system is a 2-7-4-2-3+ consisting of pre-primary, primary school, ordinary level secondary education, Advanced level secondary, Technical and Higher Education. Primary School Education is compulsory whereby parents are supposed to take their children to school for enrollment. The medium of instruction in primary is Kiswahili.

One of the key objectives of the first president J.K. Nyerere was development strategy for Tanzania as reflected in the 1967 Arusha Declaration, which to be ensuring that basic social services were available equitably to all members of society. In the education sector, this goal was translated into the 1974 Universal Primary Education Movement, whose goal was to make primary education universally available, compulsory, and provided free of cost to users to ensure it reached the poorest. As the strategy was implemented, large-scale increases in the numbers of primary schools and teachers were brought about through campaign-style programs with the help of donor financing. By the beginning of the 1980s, each village in Tanzania had a primary school and gross primary school enrollment reached nearly 100 percent, although the quality of education provided was not very high. From 1996 the education sector proceeded through the launch and operation of Primary Education Development Plan - PEDP in 2001 to date.

2. Globalization
To different scholars, the definition of globalization may be different. According to Cheng (2000), it may refer to the transfer, adaptation, and development of values, knowledge, technology, and behavioral norms across countries and societies in different parts of the world. The typical phenomena and characteristics associated with globalization include growth of global networking (e.g. internet, world wide e-communication, and transportation), global transfer and interflow in technological, economic, social, political, cultural, and learning areas, international alliances and competitions, international collaboration and exchange, global village, multi-cultural integration, and use of international standards and benchmarks. See also Makule (2008) and MoEC (2000).

3. Globalization in Education
In education discipline globalization can mean the same as the above meanings as is concern, but most specifically all the key words directed in education matters. Dimmock & Walker (2005) argue that in a globalizing and internalizing world, it is not only business and industry that are changing, education, too, is caught up in that new order. This situation provides each nation a new empirical challenge of how to respond to this new order. Since this responsibility is within a national and that there is inequality in terms of economic level and perhaps in cultural variations in the world, globalization seems to affect others positively and the vice versa (Bush 2005). In most of developing countries, these forces come as imposing forces from the outside and are implemented unquestionably because they do not have enough resource to ensure its implementation (Arnove 2003; Crossley & Watson, 2004).

There is misinterpretation that globalization has no much impact on education because the traditional ways of delivering education is still persisting within a national state. But, it has been observed that while globalization continues to restructure the world economy, there are also powerful ideological packages that reshape education system in different ways (Carnoy, 1999; Carnoy & Rhoten, 2002). While others seem to increase access, equity and quality in education, others affect the nature of educational management. Bush (2005) and Lauglo (1997) observe that decentralization of education is one of the global trends in the world which enable to reform educational leadership and management at different levels. They also argue that Decentralization forces help different level of educational management to have power of decision making related to the allocation of resources. Carnoy (1999) further portrays that the global ideologies and economic changes are increasingly intertwined in the international institutions that broadcast particular strategies for educational change. These include western governments, multilateral and bilateral development agencies and NGOs (Crossley & Watson 2004). Also these agencies are the ones which develop global policies and transfer them through funds, conferences and other means. Certainly, with these powerful forces education reforms and to be more specifically, the current reforms on school leadership to a large extent are influenced by globalization.

4. The School Leadership
In Tanzania the leadership and management of education systems and processes is increasingly seen as one area where improvement can and need to be made in order to ensure that education is delivered not only efficiently but also efficaciously. Although literatures for education leadership in Tanzania are inadequate, Komba in EdQual (2006) pointed out that research in various aspects of leadership and management of education, such as the structures and delivery stems of education; financing and alternative sources of support to education; preparation, nurturing and professional development of education leaders; the role of female educational leaders in improvement of educational quality; as will as the link between education and poverty eradication, are deemed necessary in approaching issues of educational quality in any sense and at any level. The nature of out of school factors that may render support to the quality of education e.g. traditional leadership institutions may also need to be looked into.

5. Impact of Globalization
As mentioned above, globalization is creating numerous opportunities for sharing knowledge, technology, social values, and behavioral norms and promoting developments at different levels including individuals, organizations, communities, and societies across different countries and cultures. Cheng (2000); Brown, (1999); Waters, (1995) pointed out the advantages of globalization as follows: Firstly it enable global sharing of knowledge, skills, and intellectual assets that are necessary to multiple developments at different levels. The second is the mutual support, supplement and benefit to produce synergy for various developments of countries, communities, and individuals. The third positive impact is creation of values and enhancing efficiency through the above global sharing and mutual support to serving local needs and growth. The fourth is the promotion of international understanding, collaboration, harmony and acceptance to cultural diversity across countries and regions. The fifth is facilitating multi-way communications and interactions, and encouraging multi-cultural contributions at different levels among countries.

The potential negative impacts of globalization are educationally concerned in various types of political, economic, and cultural colonization and overwhelming influences of advanced countries to developing countries and rapidly increasing gaps between rich areas and poor areas in different parts of the world. The first impact is increasing the technological gaps and digital divides between advanced countries and less developed countries that are hindering equal opportunities for fair global sharing. The second is creation of more legitimate opportunities for a few advanced countries to economically and politically colonize other countries globally. Thirdly is exploitation of local resources which destroy indigenous cultures of less advanced countries to benefit a few advanced countries. Fourthly is the increase of inequalities and conflicts between areas and cultures. And fifthly is the promotion of the dominant cultures and values of some advanced areas and accelerating cultural transplant from advanced areas to less developed areas.

The management and control of the impacts of globalization are related to some complicated macro and international issues that may be far beyond the scope of which I did not include in this paper. Cheng (2002) pointed out that in general, many people believe, education is one of key local factors that can be used to moderate some impacts of globalization from negative to positive and convert threats into opportunities for the development of individuals and local community in the inevitable process of globalization. How to maximize the positive effects but minimize the negative impacts of globalization is a major concern in current educational reform for national and local developments.

6. Globalization of Education and Multiple Theories
The thought of writing this paper was influenced by the multiple theories propounded by Yin Cheng, (2002). He proposed a typology of multiple theories that can be used to conceptualize and practice fostering local knowledge in globalization particularly through globalized education. These theories of fostering local knowledge is proposed to address this key concern, namely as the theory of tree, theory of crystal, theory of birdcage, theory of DNA, theory of fungus, and theory of amoeba. Their implications for design of curriculum and instruction and their expected educational outcomes in globalized education are correspondingly different.

The theory of tree assumes that the process of fostering local knowledge should have its roots in local values and traditions but absorb external useful and relevant resources from the global knowledge system to grow the whole local knowledge system inwards and outwards. The expected outcome in globalized education will be to develop a local person with international outlook, who will act locally and develop globally. The strength of this theory is that the local community can maintain and even further develop its traditional values and cultural identity as it grows and interacts with the input of external resources and energy in accumulating local knowledge for local developments.

The theory of crystal is the key of the fostering process to have "local seeds" to crystallize and accumulate the global knowledge along a given local expectation and demand. Therefore, fostering local knowledge is to accumulate global knowledge around some "local seeds" that may be to exist local demands and values to be fulfilled in these years. According to this theory, the design of curriculum and instruction is to identify the core local needs and values as the fundamental seeds to accumulate those relevant global knowledge and resources for education. The expected educational outcome is to develop a local person who remains a local person with some global knowledge and can act locally and think locally with increasing global techniques. With local seeds to crystallize the global knowledge, there will be no conflict between local needs and the external knowledge to be absorbed and accumulated in the development of local community and individuals.

The theory of birdcage is about how to avoid the overwhelming and dominating global influences on the nation or local community. This theory contends that the process of fostering local knowledge can be open for incoming global knowledge and resources but at the same time efforts should be made to limit or converge the local developments and related interactions with the outside world to a fixed framework. In globalized education, it is necessary to set up a framework with clear ideological boundaries and social norms for curriculum design such that all educational activities can have a clear local focus when benefiting from the exposure of wide global knowledge and inputs. The expected educational outcome is to develop a local person with bounded global outlook, who can act locally with filtered global knowledge. The theory can help to ensure local relevance in globalized education and avoid any loss of local identity and concerns during globalization or international exposure.

The theory of DNA represents numerous initiatives and reforms have made to remove dysfunctional local traditions and structures in country of periphery and replace them with new ideas borrowed from core countries. This theory emphasizes on identifying and transplanting the better key elements from the global knowledge to replace the existing weaker local components in the local developments. In globalizing education, the curriculum design should be very selective to both local and global knowledge with aims to choose the best elements from them. The expected educational outcome is to develop a person with locally and globally mixed elements, who can act and think with mixed local and global knowledge. The strength of this theory is its openness for any rational investigation and transplant of valid knowledge and elements without any local barrier or cultural burden. It can provide an efficient way to learn and improve the existing local practices and developments.

The theory of fungus reflects the mode of fostering local knowledge in globalization. This theory assumes that it is a faster and easier way to digest and absorb certain relevant types of global knowledge for nutrition of individual and local developments, than to create their own local knowledge from the beginning. From this theory, the curriculum and instruction should aim at enabling students to identify and learn what global knowledge is valuable and necessary to their own developments as well as significant to the local community. In globalizing education, the design of education activities should aim at digesting the complex global knowledge into appropriate forms that can feed the needs of individuals and their growth. The expected educational outcome is to develop a person equipped certain types of global knowledge, who can act and think dependently of relevant global knowledge and wisdom. Strengths of the theory is for some small countries, easily digest and absorb the useful elements of global knowledge than to produce their own local knowledge from the beginning. The roots for growth and development are based on the global knowledge instead of local culture or value.

The theory of amoeba is about the adaptation to the fasting changing global environment and the economic survival in serious international competitions. This theory considers that fostering local knowledge is only a process to fully use and accumulate global knowledge in the local context. Whether the accumulated knowledge is really local or the local values can be preserved is not a major concern. According to this theory, the curriculum design should include the full range of global perspectives and knowledge to totally globalize education in order to maximize the benefit from global knowledge and become more adaptive to changing environment. Therefore, to achieve broad international outlook and apply global knowledge locally and globally is crucial in education. And, cultural burdens and local values can be minimized in the design of curriculum and instruction in order to let students be totally open for global learning. The expected educational outcome is to develop a flexible and open person without any local identity, who can act and think globally and fluidly. The strengths of this theory are also its limitations particularly in some culturally fruit countries. There will be potential loss of local values and cultural identity in the country and the local community will potentially lose its direction and social solidarity during overwhelming globalization.

Each country or local community may have its unique social, economic and cultural contexts and therefore, its tendency to using one theory or a combination of theories from the typology in globalized education may be different from the other. To a great extent, it is difficult to say one is better than other even though the theories of tree, birdcage and crystal may be more preferred in some culturally rich countries. For those countries with less cultural assets or local values, the theories of amoeba and fungus may be an appropriate choice for development. However, this typology can provide a wide spectrum of alternatives for policy-makers and educators to conceptualize and formulate their strategies and practices in fostering local knowledge for the local developments. See more about the theories in Cheng (2002; 11-18)

7. Education Progress since Independence in Tanzania
During the first phase of Tanzania political governance (1961-1985) the Arusha Declaration, focusing on "Ujamaa" (African socialism) and self-reliance was the major philosophy. The nationalization of the production and provision of goods and services by the state and the dominance of ruling party in community mobilization and participation highlighted the "Ujamaa" ideology, which dominated most of the 1967-1985 eras. In early 1970s, the first phase government embarked on an enormous national campaign for universal access to primary education, of all children of school going age. It was resolved that the nation should have attained universal primary education by 1977. The ruling party by that time Tanganyika African National Union (TANU), under the leadership of the former and first president of Tanzania Mwalimu Julius K. Nyerere, directed the government to put in place mechanisms for ensuring that the directive, commonly known as the Musoma Resolution, was implemented. The argument behind that move was essentially that, as much as education was a right to each and every citizen, a government that is committed to the development of an egalitarian socialist society cannot segregate and discriminate her people in the provision of education, especially at the basic level.

7.1. The Presidential Commission on Education
In 1981, a Presidential Commission on education was appointed to review the existing system of education and propose necessary changes to be realized by the country towards the year 2000. The Commission submitted its report in March 1982 and the government has implemented most of its recommendation. The most significant ones related to this paper were the establishment of the Teachers' Service Commission (TSC), the Tanzania Professional Teachers Association, the introduction of new curriculum packages at primary, secondary and teacher education levels, the establishment of the Faculty of Education (FoE) at the University of Dar-es-Salaam, the introduction of pre-primary teacher education programme; and the expansion of secondary education.

7.2. Education during the Second Phase Government of Tanzania
The second phase government of Tanzania spanning from 1985 to 1995, was characterized by new liberal ideas such as free choice, market-oriented schooling and cost efficiency, reduced the government control of the UPE and other social services. The education sector lacked quality teachers as well as teaching/learning materials and infrastructure to address the expansion of the UPE. A vacuum was created while fragmented donor driven projects dominated primary education support. The introduced cost sharing in the provision of social services like education and health hit most the poorest of the poor. This decrease in government support in the provision of social services including education as well as cost-sharing policies were not taken well, given that most of the incomes were below the poverty line. In 1990, the government constituted a National Task Force on education to review the existing education system and recommend a suitable education system for the 21st century.

The report of this task force, the Tanzania Education System for the 21st Century, was submitted to the government in November 1992. Recommendations of the report have been taken into consideration in the formulation of the Tanzania Education and Training Policy (TETP). In spite of the very impressive expansionary education policies and reforms in the 1970s, the goal to achieve UPE, which was once targeted for achievement in 1980, is way out of reach. Similarly, the Jomtien objective to achieve Basic Education for all in 2000 is on the part of Tanzania unrealistic. The participation and access level have declined to the point that attainment of UPE is once again an issue in itself. Other developments and trends indicate a decline in the quantitative goals set rather than being closer to them (Cooksey and Reidmiller, 1997; Mbilinyi, 2000). At the same time serious doubt is being raised about school quality and relevance of education provided (Galabawa, Senkoro and Lwaitama, (eds), 2000).

7.3. Outcomes of UPE
According to Galabawa (2001), the UPE describing, analysis and discussing explored three measures in Tanzania: (1) the measure of access to first year of primary education namely, the apparent intake rate. This is based on the total number of new entrants in the first grade regardless of age. This number is in turn expressed as a percentage of the population at the official primary school entrance age and the net intake rate based on the number of new entrants in the first grade who are of the official primary school entrance age expressed as percentage of the population of corresponding age. (2) The measure of participation, namely, gross enrolment ratio representing the number of children enrolled in primary education, regardless of age, expressed as a percentage of the official primary school age population; while the net enrolment ratio corresponds to the number of children of the official primary school age enrolled in primary school expressed as a percentage of corresponding population. (3) The measure of internal efficiency of education system, which reflect the dynamics of different operational decision making events over the school cycle like dropouts, promotions and repetitions.

7.3.1. Access to Primary Education
The absolute numbers of new entrants to grade one of primary school cycles have grown steadily since 1970s. The number of new entrants increased from around 400,000 in 1975 to 617,000 in 1990 and to 851,743 in 2000, a rise of 212.9 percent in relative terms. The apparent (gross) intake rate was high at around 80% in the 1970s dropping to 70% in 1975 and rise up to 77% in 2000. This level reflects the shortcomings in primary education provision. Tanzania is marked by wide variations in both apparent and net intake rates-between urban and rural districts with former performing higher. Low intake rates in rural areas reflect the fact that many children do not enter schools at the official age of seven years.

7.3.2. Participation in Primary Education
The regression in the gross and net primary school enrolment ratios; the exceptionally low intake at secondary and vocational levels; and, the general low internal efficiency of the education sector have combined to create a UPE crisis in Tanzania's education system (Education Status Report, 2001). There were 3,161,079 primary pupils in Tanzania in 1985 and, in the subsequent decade primary enrolment rose dramatically by 30% to 4,112,167 in 1999. These absolute increases were not translated into gross/net enrolment rates, which actually experienced a decline threatening the sustainability of quantitative gains. The gross enrolment rate, which was 35.1% in late 1960's and early 1970s', grew appreciably to 98.0% in 1980 when the net enrolment rate was 68%. (ibid)

7.3.3. Internal Efficiency in Primary Education
The input/output ratio shows that it takes an average of 9.4 years (instead of planned 7 years) for a pupil to complete primary education. The extra years are due to starting late, drop-outs, repetition and high failure rate which is pronounced at standard four where a competency/mastery examination is administered (ESDP, 1999, p.84). The drive towards UPE has been hampered by high wastage rates.

7.4. Education during the Third Phase Government of Tanzania
The third phase government spanning the period from 1995 to date, intends to address both income and non-income poverty so as to generate capacity for provision and consumption of better social services. In order to address these income and non-income poverty the government formed the Tanzania Vision 2025. Vision 2025 targets at high quality livelihood for all Tanzanians through the realization of UPE, the eradication of illiteracy and the attainment of a level of tertiary education and training commensurate with a critical mass of high quality human resources required to effectively respond to the developmental challenges at all level. In order to revitalize the whole education system the government established the Education Sector Development Programme (ESDP) in this period. Within the ESDP, there two education development plans already in implementation, namely: (a) The Primary Education Development Plan (PEDP); and (b) The Secondary Education Development Plan (SEDP).

8. Prospects and Challenges of Primary of Education Sector
Since independence, The government has recognised the central role of education in achieving the overall development goal of improving the quality of life of Tanzanians through economic growth and poverty reduction. Several policies and structural reforms have been initiated by the Government to improve the quality of education at all levels. These include: Education for Self-Reliance, 1967; Musoma Resolution, 1974; Universal Primary Education (UPE), 1977; Education and Training Policy (ETP), 1995; National Science and Technology Policy, 1995; Technical Education and Training Policy, 1996; Education Sector Development Programme, 1996 and National Higher Education Policy, 1999. The ESDP of 1996 represented for the first time a Sector-Wide Approach to education development to redress the problem of fragmented interventions. It called for pooling together of resources (human, financial and materials) through the involvement of all key stakeholders in education planning, implementation, monitoring and evaluation (URT, 1998 quoted in MoEC 2005b). The Local Government Reform Programme (LGRP) provided the institutional framework.

Challenges include the considerable shortage of classrooms, a shortage of well qualified and expert teachers competent to lead their learners through the new competency based curriculum and learning styles, and the absence of an assessment and examination regime able to reinforce the new approaches and reward students for their ability to demonstrate what they know understand and can do. At secondary level there is a need to expand facilities necessary as a result of increased transition rates. A major challenge is the funding gap, but the government is calling on its development partners to honour the commitments made at Dakar, Abuja, etc, to respond positively to its draft Ten Year Plan. A number of systemic changes are at a critical stage, including decentralisation, public service reform, strengthening of financial management and mainstreaming of ongoing project and programmes. The various measures and interventions introduced over the last few years have been uncoordinated and unsynchronised. Commitment to a sector wide approach needs to be accompanied by careful attention to secure coherence and synergy across sub-sectoral elements. (Woods, 2007).

9. Education and School Leadership in Tanzania and the Impacts
Education and leadership in primary education sector in Tanzania has passed through various periods as explained in the stages above. The school leadership major reformation was maintained and more decentralized in the implementation of the PEDP from the year 2000 to date. This paper is also more concerned with the implementation of globalization driven policies that influence the subjectivity of education changes. It is changing to receive what Tjeldvoll et al. (2004:1; quoted in Makule, 2008) considers as "the new managerial responsibilities". These responsibilities are focused to increase accountability, equity and quality in education which are global agenda, because it is through these, the global demands in education will be achieved. In that case school leadership in Tanzania has changed. The change observed is due to the implementation of decentralization of both power and fund to the low levels such as schools. School leadership now has more autonomy over the resources allocated to school than it was before decentralization. It also involves community in all the issues concerning the school improvement.

10. Prospects and Challenges of School Leadership

10.1. Prospects
The decentralization of both power and funds from the central level to the low level of education such as school and community brought about various opportunities. Openness, community participation and improved efficiency mentioned as among the opportunities obtained with the current changes on school leadership. There is improved accountability, capacity building and educational access to the current changes on school leadership. This is viewed in strong communication network established in most of the schools in the country. Makule (2008) in her study found out that the network was effective where every head teacher has to send to the district various school reports such as monthly report, three month report, half a year report, nine month report and one year report. In each report there is a special form in which a head teacher has to feel information about school. The form therefore, give account of activities that takes place at school such as information about the uses of the funds and the information about attendance both teacher and students, school buildings, school assets, meetings, academic report, and school achievement and problems encountered. The effect of globalization forces on school leadership in Tanzania has in turn forced the government to provide training and workshop for school leadership (MoEC, 2005b). The availability of school leadership training, whether through workshop or training course, considered to be among the opportunities available for school leadership in Tanzania

10.2. Challenges
Like all countries, Tanzania is bracing itself for a new century in every respect. The dawn of the new millennium brings in new changes and challenges of all sectors. The Education and Training sector has not been spared for these challenges. This is, particularly important in recognition of adverse/implications of globalisation for developing states including Tanzania. For example, in the case of Tanzania, globalisation entails the risks of increased dependence and marginalisation and thus human resource development needs to play a central role to redress the situation. Specifically, the challenges include the globalisation challenges, access and equity, inclusive or special needs education, institutional capacity building and the HIV/aids challenge.

11. Conclusion
There are five types of local knowledge and wisdom to be pursued in globalized education, including the economic and technical knowledge, human and social knowledge, political knowledge, cultural knowledge, and educational knowledge for the developments of individuals, school institutions, communities, and the society. Although globalisation is linked to a number of technological and other changes which have helped to link the world more closely, there are also ideological elements which have strongly influenced its development. A "free market" dogma has emerged which exaggerates both the wisdom and role of markets, and of the actors in those markets, in the organisation of human society. Fashioning a strategy for responsible globalisation requires an analysis which separates that which is dogma from that which is inevitable. Otherwise, globalisation is an all too convenient excuse and explanation for anti-social policies and actions including education which undermine progress and break down community. Globalisation as we know it has profound social and political implications. It can bring the threat of exclusion for a large portion of the world's population, severe problems of unemployment, and growing wage and income disparities. It makes it more and more difficult to deal with economic policy or corporate behaviour on a purely national basis. It also has brought a certain loss of control by democratic institutions of development and economic policy.