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The United Nations, India and the Gulf War (1990-2001)

Note: This article was written in 2001

Historical Background
Throughout history, the Gulf region has been rife with all kinds of coups, disputes, crises and wars. The overthrow of Mossadeq (1951), the Suez Crisis (1956), the Six Days War (1967), the Iran-Iraq War (1980-88) were some of the crises that marred the region since the Second World War.

The Gulf crisis of 1990 was the result of many long-standing disputes between Iraq and Kuwait, besides other causes such as the emergence of Iraq as a great military power after the Iran-Iraq War, Saddam’s ambitions in the absence of democratic ideals in the Arab world and the intra Arab-Gulf relations.

When Iraq became independent in 1932, it began to assert territorial claims against Kuwait. Iraq claimed that Kuwait has been under the Ottoman Empire as a district of Basra, and that since Iraq is the successor of the empire, Kuwait naturally becomes a part of Iraq. Before 1990, Iraq had attempted to incorporate Kuwait into Iraq on at least two occasions. The first occurred in the late 1930s when King Ghazi of Iraq made demands to unify Kuwait with Iraq. But that demand soon died down when King Ghazi mysteriously died in an accident on 4 April, 1939.

The second occasion occurred in 1961 when Britain and Kuwait formally terminated their relationship under the treaty of January 1899.[1] Iraq, under General Abdul Karim Qasim again made an attempt to incorporate Kuwait into Iraq. On 2 July, 1961, the United Nations Security Council met to discuss the problem. Under paragraph 2, Article 35 of the United Nations, both Iraq and Kuwait submitted their complaint to the UN. The UN Security Council, however, could neither diffuse the crisis nor pass any resolution due to the use of its veto by the Soviet Union. The Soviet Union went along with the Iraqi view and stated that, “The Security Council’s most immediate task in this situation is to condemn the actions of the colonial power and to take measures which lead to the immediate withdrawal of United Kingdom troops from Kuwait.”[2] In the absence of any proper agreements in the UN, the Arab League stepped in and came up with an alternative solution to the problem. It accepted Kuwait’s independence and vowed to defend Kuwait against any external threats or aggression. Iraq, however never really accepted Kuwait’s independence.

With the passage of time, the dispute simmered down. The outbreak of the Iran-Iraq War almost completely overshadowed the Kuwait-Iraq issue and the matter was laid to an uneasy rest during the war. Although several meetings were held between Kuwait and Iraq, the matter could not be settled and it continued until 2 August, 1990 when the dispute took a completely new turn.

In the months preceding the invasion, Saddam made several threatening charges against Kuwait among which are the extraction of Iraqi crude oil by Kuwait in the Rumailah oilfield and Kuwait’s illegal possession of Warba, Bubiyan and Failaka Islands. Saddam accused Kuwait of ‘overproduction’ of oil, which Iraq regarded as “… a kind of war against Iraq.” This overproduction, Saddam claimed, depressed oil prices and raised the revenue of Kuwait which did nothing to help Iraq. He warns Kuwait that its overproduction was “a poison dagger in Iraq’s back,” and that it was “an evil against Iraq… an American plot to deplete Iraq’s oil revenues…” Saddam also threatened to use force “… to put things right… cutting a few throats is better than cutting the means of living.”[3]

The Crisis
Things finally came to a head after the failed Jeddah meeting of 31 July and 1 August, 1990 between Iraq and Kuwait, when, on 2 August, 1990, 100,000 Iraqi troops and 300 tanks rolled into Kuwait with little resistance. Iraq announced soon after that it would withdraw when the situation stabilises and when the “Free Provisional Government of Kuwait” asks them to withdraw.[4] This announcement proved to be a complete sham because on 28 August 1990, Kuwait was formally annexed to Iraq and declared as the 19th Iraqi province. By 4 November, it was announced that Kuwait “no longer exists and that the world should forget about Kuwait’s independence.”

After several resolutions were passed by the UN Security Council condemning the action and imposing sanctions on Iraq, Resolution 678 was finally passed on 29 November 1990 that authorises the coalition forces to “restore international peace and security in the area” by the use of “all necessary means.” The Council, in what it termed a “pause of goodwill” gave Iraq until 15 January 1991 to end its occupation of Kuwait.

In the intervening period, many diplomatic efforts for a peaceful resolution to the crisis were undertaken. The Nonaligned Movement (NAM), the League of Arab States, the European Community, France and four permanent members of the Security Council (Colombia, Cuba, Malaysia and Yemen) forwarded their peace plans, but due to lack of international support, no viable solutions could be found. The 9 January 1991 talks between the US Secretary of State, James Baker and Iraq’s Deputy Prime Minister Tariq Aziz did not make any headway either. A last minute effort by the UN Secretary General was also “unfortunately unsuccessful.” As the Secretary General’s efforts yielded no results and as the deadline came to an end, he remarked, “No one, and no nation can, except with a heavy heart – resort to the other ‘necessary means’ implied by the resolution 678 (1990), knowing in advance that tragic and unpredictable consequences can follow.”

What followed next was the transformation of “Operation Desert Shield” to “Operation Desert Storm.” From 17 January, for the next six weeks, Iraqi military facilities and other installations were bombed. This had serious effect on Iraqi military strength, for, when the ground offensive began at 4am local time on 24 February 1991; the US-led coalition forces met little resistance and easily succeeded in liberating Kuwait on 27 February 1991.

The United Nations and the Gulf Crisis
Soon after the Iraqi invasion of Kuwait, the Security Council met in an emergency meeting to discuss the matter. The Council, at its 2932 meeting on 2 August 199o adopted Resolution 660. The resolution stated that the Security Council was “alarmed by the invasion of Kuwait… by the military forces of Iraq,” and it “condemns the Iraqi invasion of Kuwait” and demanded that “Iraq withdraw immediately and unconditionally.” This resolution was adopted with 14 votes with one abstention (Yemen). The League of Arab States (LAS), Gulf Cooperation Council (GCC), Organisation of Islamic Conference (OIC), Nonaligned Movement (NAM), Nordic States, Western European Union (WEU), NATO, OPEC, World Bank and ICAO have, in their own terms also condemned the invasion.

As Iraq failed to comply with the Security Council Resolution 660, the UN Security Council, on 6 August adopted Resolution 661 which imposes mandatory arms and economic sanctions on Iraq. Iraq, however, calls it “iniquitous and unjust,” “precipitous,” and aimed at starving the Iraqi people.[5] This resolution was adopted with Cuba and Yemen abstaining.

Iraq continued to stand defiant and on 7 August 1990 declared its “comprehensive, eternal and inseparable merger” with Kuwait. With no sign of Iraqi withdrawal or compliance with resolutions 660 and 661, Resolution 662 was adopted on 9 August 1990 which declared the annexation of Kuwait “null and void.” Two other resolutions were adopted by the end of the first month of the crisis. On 18 August the Security Council adopted Resolution 664 which demanded the release of foreign nationals held in Iraq. Resolution 665, adopted on 25 August, calls upon member states to cooperate with the exiled Kuwaiti Government and to stop and search all ships travelling to or leaving Iraq.

Resolution 666, adopted on 13 September 1990 addressed the humanitarian situation in Iraq. It directed the Sanctions Committee to pay particular attention to “children under 15 years of age, expectant mothers, maternity cases, the sick and the elderly” in the determination of food supplies among the civilian population.

The closure of all diplomatic missions in Kuwait by Iraq prompted the Security Council to adopt Resolution 667 on 16 September which expressed the Council’s outrage and its demands for “the immediate release of those foreign nationals as well as all nationals,” and “protect the safety and well-being of diplomatic and consular personnel and premises in Kuwait.”

Resolution 669 of 24 September 1990, “entrusts the (Sanctions) Committee… with the task of examining requests for assistance under the provisions of Article 50” of the UN Charter.[6] The very next day, on 25 September, Resolution 670 confirmed that the sanction against Iraq “applies to all means of transport including aircraft.” It called upon member states to impose an air embargo on Iraq and Kuwait.

On 29 October 1990, the Council, in its Resolution 674 demands that Iraq “desist from taking any third state nationals hostage” and to stop its mistreatment and oppression of either Kuwaitis or foreign nationals. On 28 November 1990, yet another resolution was adopted by the Council. Resolution 677 condemns the Iraqi attempt to alter the demographic composition of the Kuwait population and the destruction of population records.

Iraq’s refusal to comply with any of the Council’s resolutions finally led to the passing of Resolution 678 on 29 November 1990 which authorises the use of “all necessary means” to uphold and implement the resolutions. This resolution was adopted with 12 in favour, 2 against (Cuba and Yemen) and 1 abstention (China). Although the words “the use of force” were not used, it was clearly implied, as the United States maintained. The US said after the voting, “Today’s resolution is very clear. The words authorise the use of force.”[7] The Council gave “Iraq one final opportunity as a pause of goodwill” till 15 January 1991 to comply with the resolutions. This resolution was the first resolution since 27 June 1950 when the Security Council adopted a resolution that authorises the use of force in Korea.

What followed was a flurry of diplomatic activities undertaken by different countries and regional organisations. The UN Secretary General Perez de Cuellar’s last-ditch efforts to persuade Iraq to withdraw failed. Then, the dateline of 15 January 1991 expired. On 16 January, nothing happened; like the lull before a storm. Then all hell broke loose on 17 January with allied forces pounding Iraqi positions. The start of air campaigns was reported by the US to the Security Council on the same day.[8] Saddam Hussein announced on Iraq radio that the “Mother of all Battles” had started. On 22 January 1991, the UN Secretary General appealed to Iraq to comply with the Council resolutions. Later on, he urged Iraq to put “this tragic situation on the road to a peaceful solution.”[9] Several private meetings of the Security Council were held during February and March. But these meetings could not yield any fruitful results.

On the morning of 24 February 1991, ground offensive started and soon, on 27 February, Kuwait was liberated. On 27 February, Iraq announced that it agreed to comply with the UN Security Council Resolution 660 of 1990 and all other resolutions.[10] Iraq also informed the Security Council of the withdrawal of all Iraqi forces from Kuwait, while adding that “American and other pro-aggressor forces” are continuing their attack on the withdrawing Iraqi forces.[11] The coalition operations were stopped at midnight 27-28 February 1991. By 4 March 1991, the Kuwaiti Government resumed its functions in Kuwait City.

Looking back at Resolution 678, we can find some inconsistencies and discrepancies in its provisions. The wordings of the resolution – “use (of) all necessary means” was too vague in the first place, and this led to a number of interpretations. The US interpreted it as the authorisation of the use of force. It can be said that it was a US victory when the resolution was passed. In a speech before the resolution was put to vote, the US representative to the Security Council said, “If Iraq does not reverse its course peacefully, then other necessary measures, including the use of force, should be authorised.”[12] It can also be seen that the resolution was not in conformity with Chapter 7 of the UN Charter though the resolution stated that it acts “under Chapter VII of the Charter of the United Nations.” For instance, Article 42 (under Chapter VII) states that forces may be used only when the economic sanctions are inadequate. Article 46 states that “Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.” These provisions were not followed at all under resolution 678. It did not give enough time for the sanctions to take effect. This was also the Indian view.[13] The resolution also did not mention any Military Staff Committee. Moreover, with the abstention of China from the resolution, it failed to have the required concurrence of the five permanent members.

On 27 February 1991, it was President Bush who ordered the ceasefire and who proclaimed ‘victory’. The Secretary General, on 28 February said, “We hope it is the beginning of the end of this terrible tragedy.”

On 2 March 1991, resolution 686 was adopted by a vote of 11 in favour, 1 against (Cuba) and 3 abstentions (China, India and Yemen). While reaffirming that all the resolutions adopted before continue to have “full force and effect”, it laid down several preconditions for the ceasefire which Iraq was obliged to immediately implement. It also recognised that during the implementation of resolution 686, the right to use “all necessary measures” under resolution 678 will “remain valid.”

Resolution 687 was adopted on 3 April 1991 which finally and formally declared a ceasefire. This resolution was adopted by 12 votes to one (Cuba) with two abstentions (Yemen and Ecuador). Some of the main provisions of the resolution included guarantee of boundary and allocation of islands between Iraq and Kuwait, deployment of a United Nations observer unit to monitor the demilitarised zone, destruction, removal, or rendering harmless, under international supervision, of all chemical and biological weapons and all ballistic missiles, UN inspection of Iraq’s biological, chemical and missile capabilities, return of all Kuwaiti property seized by Iraq, payment of compensation by Iraq, continuation of sanctions, repatriation of all Kuwaiti and third-country nationals, renouncement of the practice of terrorism and declaration of ceasefire.

Iraq called this resolution “unjust” and “iniquitous” and was “an unprecedented assault” on Iraq.[14] But Iraq, having no other choice, had to accept the resolution on 6 April 1991.[15] This resolution was also criticised in the following words: “It was not a negotiated agreement but a unilaterally formulated one, imposed on Iraq. The peace was dictated. The Council exceeded its powers because its Charter nowhere empowers the UN to impose a settlement on parties to a dispute.”[16] With the Iraqi acceptance of the resolution, the ceasefire formally came into effect.

Post-War Situation and the UN
Soon after the ceasefire, the UN took steps to actively participate in reconstruction and rehabilitation efforts in Iraq and Kuwait. Several UN missions and teams went to Iraq and Kuwait to assess the humanitarian situation there. Their reports highlighted hunger, thirst, disease, desolation, destruction and death. According to one report, 170,000 children under five would die in 1991 because of the war and economic sanctions. It was remarked, “The situation was absurd. While UN and other agencies were struggling with totally inadequate resources to meet the humanitarian needs of the Iraqi people, another UN body, the Security Council was insisting that Iraq be denied the opportunity to sell its own oil in order to buy food, medicines and other supplies.”[17]

A direct effect of the ceasefire resolution, particularly the continuation of sanctions was that “There now began a massive onslaught on the Iraqi civilian population – denied the means to rebuild a totally shattered social and industrial infrastructure, denied uncontaminated drinking water, denied medical facilities, and denied food in adequate quantities. The US policy represented one of the most comprehensive campaigns of biological warfare – denying relief to a diseased and starving people – in modern times.”[18]

Some more resolutions were adopted later that year – 688 (5 April); 692 (20 May); 697, 699 and 700 (17 June); 706 and 707 (15 August); 712 (19 September); 713 (25 September); 715 (11 October) – dealing with the post-war situation and reparation in Iraq.

In retrospect, it can be said that the Gulf War was not an UN war at all. The UN was marginalised on all occasions. It was the US that ran the whole operation. The US, it seemed, was clearly intent on using force right from the beginning. Even before the invasion of 2 August 1990, the US having knowledge of the threat did not warn the UN and made no efforts to stop it. It never directly negotiated with Iraq after the ‘storm’ nor was the UN asked to act as mediator.[19]

When the war finally came, the UN Secretary General remarked that “… the war in the Gulf is not UN war, and the World Body has no control over it… we are informed through the Security Council about military operation but after they have taken place.”[20] He also said, “We cannot consider it as an UN war in the sense that there is no UN flag. They are not in blue UN helmets. There is no UN control over military operations.”

Several peace plans came forward from different quarters, even from Iraq. However, none of them could succeed in bringing the war to an end, for; they are rejected by the US. The UN could do nothing. “The Americans had used the Security Council when it suited them, calling it into session again and again when Iraq invaded Kuwait and accepting resolutions critical of Iraq in order to ratify its own condemnation of Iraq. But once the war began, the Americans with enthusiastic British support, did all they could to stop the Security Council playing any part, and when they failed to hold the line, made sure its proceedings were in secret. Perez de Cuellar, who should have been a man at the centre of events, was never consulted and never informed of what was going on.”[21]

India and the Gulf Crisis
Historically, there have always been good relations between India and Iraq. Therefore when Iraq invaded Kuwait on 2 August 1990, India was in a big dilemma. Neither did India want to offend Saddam Hussein nor did it want to go against the UN. India decided to toe the middle line for sometime by making a statement that, “India was opposed to the use of force in any form of relations between states.”

The major policy objective of India under Prime Minister VP Singh was the repatriation of the 170,000-180,000 Indians stranded in Kuwait. From August, Air India started massive airlifting operations and by October, almost 160,000 Indians were returned home. The VP Singh government later denounced the Iraqi invasion and demanded the immediate withdrawal of Iraqi force from Kuwait. However, India did not take any further steps to resolve the crisis. After resolution 661 was adopted, India’s import of crude oil from Iraq stopped. This greatly affected India’s earnings and India had to as the UN for assistance.[22]

On November 1990, there was a change of government in India. VP Singh was replaced by Chandrasekhar of Janata (S). The Chandrasekhar government too remained a passive spectator to the Gulf Crisis. There were no active diplomatic efforts on the part of India to diffuse the crisis. However, there were some shifts in the Indian stand now. There was a general impression that India was toeing the US line. India now blamed Saddam Hussein and Iraq for the crisis.

Just before the air campaign, the Foreign Minister VC Shukla and the Deputy Foreign Minister Digvijay Singh visited several countries to bring about some solution to the problem, but to no avail. When the war finally came, India maintained a conspicuous silence. The Indian peace proposal fell on deaf ears. The late Rajiv Gandhi also put forward his peae-package while criticising the government for reducing India to a “hapless spectator.” His main focus was on the replacement of the US-led coalition by a UN force and the withdrawal of Iraqi forces.[23]

Adding to the confusion was the discourse that US planes were being refuelled at Bombay since 9 January 1991. It caused a great political turmoil in India, when major political parties started to point their fingers at each other. The Congress, the Janata Dal and the left parties severely criticised the government for being an ‘ally’ of the US. The BJP on the other hand, backed the government arguing that India must support the UN and extend all help to the coalition forces.[24]

Some analysis pointed out that the government’s decision to permit the refuelling was because of the improved relations between the US and India. Besides, the economic situation in India had forced it to ask an IMF loan of 1.8 billion dollars. Then, three days after the loan was sanctioned, the refuelling started. No one believed that this was a coincidence.[25]

Though the government resisted and dogged the salvo of criticisms for some time, the Congress’s threat to withdraw support led the government to stop the refuelling facility provided to the Americans.

The Nonaligned Movement also came in for a lot of criticisms for its actions (or more appropriately, inactions). Iraq and Kuwait are both members of the NAM. The first high-level meeting of NAM to discuss the Gulf Crisis was held on 11 September 1990. This meeting was attended by the Indian Foreign Minister IK Gujral. It was announced that NAM would set up a ‘catalyst group’ to bring the crisis to an end.

The Belgrade meeting of NAM on 11 February 1991 produced no desired results. But it was decided that they should send a team to both the sides. The team to visit Baghdad on 23 February was to be composed of the Foreign Ministers of India, Cuba, Iran and Yugoslavia. The beginning of the ground war however blew the plan into oblivion. NAM could no longer play any role as the focus was on the UN and the US.

India’s role through the war fared no better. When the Iraqi invasion took place, India was not a member of the Security Council; therefore it did not take part in any of the meetings of the UN Security Council and its resolutions. India however expressed its support to the UN. India’s dilemma began only after 1 January 1991 when it became a member of the Security Council. India abstained, along with China and Yemen in the first voting of the first resolution after 678 on 2 March 1991.

India voted for the ceasefire resolution (687) after certain clauses were changed with its insistence. India had reservations with some provisions relating to the boundary between Iraq and Kuwait and also with the provisions relating to the destruction of Iraqi nuclear weapons because India had apprehensions that they would have further implications on the Kashmir issue and India’s own nuclear programme.[26]

Throughout the war, India was criticised for not playing any decisive role, and seems to be only interested in the repatriation of the stranded Indians in Kuwait and in the continuation of its oil supplies. Besides, India did not take any decisive steps as a regional leader and as an important member of NAM to diffuse the crisis. The provision of refuelling facilities and its subsequent withdrawal also showed India’s indecisiveness and reluctance to play any pro-active role in international politics. It also seems that India’s role “… ended up in solving neither Iraq nor Kuwait and certainly not our own country.”[27]

However, to arrive at a balanced assessment of India’s role in the crisis, certain factors must be understood. In the first place, the government in India was a minority government. The Janata (S) had only 68 members out of 473 in the Lok Sabha. The Congress support with 193 members was vital to its survival. Thus, it was unable to act decisively. The subsequent shift in India’s foreign policy towards the US-led coalition should also be seen in the light of the economic situation in India. This shift may also have been caused by certain elements within the government that are pro-US. Moreover, India, through NAM could not act because of the attitudes of the coalition force under the US as well as that of Saddam Hussein.

Post-War Developments (up to 2001): a chronology
1992: The UN Security Council resolutions 706 and 712 (1991) had allowed Iraq to sell petroleum worth up to 1,600 million dollars over a six months period, the revenue from which was to be controlled by the UN. Iraq in 1992 rejected the terms of the resolutions and withdrew from all negotiations on this issue. Resolution 778 was adopted on 2 October 1992 to put pressure on Iraq to accept resolutions 706 and 712. Iraqi request to lift sanctions was rejected.

1993: In 1993, UN weapons inspectors arrived in Iraq. Another team abruptly left Iraq after Iraq refused the setting up of surveillance equipments at its missile testing locations. For the rest of the year, talks between the UN and Iraq remained inconclusive.

1994: In March 1994, another Iraqi request to lift sanctions was again rejected. With this, a division within the Council emerged. Russia, France and China are in favour of lifting the sanctions. On October, in an apparent move to draw attention to its plight, Iraq moved its forces towards Kuwait. Iraq announced later that it would withdraw. Prompted by this, the Council on 10 October passed resolution 949 that warns Iraq to desist from using its forces against its neighbours or the UN. By December, it was announced by the head of UNSCOM that he believed Iraq no longer have any nuclear or ballistic weapons.

1995: In 1995, another resolution (986) was adopted that was aimed at the partial resumption of exports of Iraqi oil. In the celebration of the 50th anniversary of the UN held at New York during 22-24 October 1995, the Iraqi Vice President Tariq Aziz said, “unipolarism” led to “hasty application of… sanctions and the use of armed force.” This has “deprived… people of their basic human rights…” and led to “the death of thousands of children, women and the elderly due to lack of food and medication.”[28]

1996: In early January 1996, Iraq indicated its willingness to enter into a dialogue on a ‘oil-for-food’ agreement with the UN. After several rounds of talks, it was finally agreed that up to 4000 million dollars worth of Iraqi oil would be sold a year to purchase food and medicine. On 27 March, the Council adopted resolution 1051 that established a system to monitor all exports to Iraq that could be used for the production of weapons of mass destruction. This was apparently prompted by the announcement made by the head of UNSCOM Rolf Ekeus that Iraq was in possession of missiles and biological weapons.

1997: After the deliberate violation of the air exclusion zone by Iraq in April and the subsequent remark of the US president that Saddam is the biggest threat and the refusal of Iraq to allow arms inspectors to work, the Council passed yet another resolution (1115) on 21 June 1997, warning Iraq that more sanctions may come. In October, the Revolutionary Command Council criticised the high proportion of Americans in UNSCOM. Resolution 1137 was adopted that warned Iraq to stop expelling US personnel. In December, Iraq suspended oil exports.

1998: Oil exports from Iraq resumed in January. Security Council resolution 1153 adopted on 20 February doubled the six-monthly income permitted to the Iraqi government to 5200 million dollars. Resolution 1175 of June continued the distribution plan of humanitarian supplies. Iraq was also permitted to improve its oil productions. Just when it seems that things will get better, the ‘discovery’ of VX spoilt it all. In December, the US and UK launched attacks on Iraq. This elicited widespread demonstrations across the Middle East.

1999: In January, after the French proposal of replacement of UNSCOM was opposed by the US, Iraq voted in parliament renouncing all previous commitments made to the Security Council. In March, reports came that the CIA has been using UNSCOM as a cover for operations in Iraq. New demands were made for the replacement of UNSCOM by a new system of monitoring. In December, the Council adopted Resolution 1284 that replaced UNSCOM by the UN Monitoring, Verification and Inspection Commission (UNMOVIC) which was charged with monitoring Iraq.

2000: In January, the IAEA inspectors went into Iraq. The sanctions imposed on Iraq had a deep impact on the civilian population. In February, the ICRC reported that infant mortality had trebled since 1990, and water supplies had deteriorated. Air strikes still continued.[29]

2001: In mid-January, the Iraqi Deputy Prime Minister Tariq Aziz, to mark the 10th anniversary of the Gulf War stated, “Kuwait deserved invasion” and warned that Baghdad would fight back if the US continued its anti-Iraq policy under the new US President George W. Bush.[30] On 16 February, about two dozen US and British warplanes bombed five “military targets” in and around Baghdad in the biggest strike against Iraq since 1998. In response, Iraq announced that “… their aggression will achieve nothing but failure.”[31] This strike came under criticisms from China, Russia, France, India, Egypt, Syria, Canada and Turkey who felt that the US and Britain had overstepped their line. They agreed that strikes must be sanctioned by the Security Council.
Prime Minister AB Vajpayee slams the US for its air raid and said that India was in favour of lifting sanctions, and that the no-fly zones “do not come within the framework of the UN Security Council resolutions.”[32]

Again on 22 February, US warplanes strike Iraqi’s air-defence targets in northern Iraq. These strikes were followed by large demonstrations with the demonstrators calling for jihad.

Conclusion
As the current process of sanctions, strikes, inspection, verification and the likes continue, it is very likely that Iraq could use it in his own favour. Using the “sympathy strategy”, Iraq can get oil deals from France, Russia and China. Moreover, with more frequent attacks on Iraq, more Gulf War allies are now siding with Iraq, Egypt and Syria had already signed trade agreements with Iraq. Even within the Security Council, the crack has become more vocal in their criticism of the embargo imposed on Iraq. The Iraqi people do not have much of a choice except to rally behind Saddam Hussein.[33]

However, the US and UK are still very firm in their commitment to contain Saddam Hussein who had been labelled by them as the most dangerous man in the world. On the other hand, Iraq is determined to stay defiant. Iraq now asserts that UN arms inspectors will never be allowed back into the country.[34] Meanwhile, the UN Secretary General Kofi Annan exhorted the Security Council to find a common ground on Iraq.

It is now very important that both the sides change their attitude before talking about peace. To assure any lasting peace, it is imperative to strike at the roots of instability. For this, the Persian Gulf countries need to be well integrated, embark on confidence building measures, create regional alliance and common security and build up non-offensive defence.[35]

Even after ten years, the crisis in the Gulf is still to be solved. One is left to wonder when it will be. For the moment, however, the end of the crisis is nowhere in sight.

June 2001

END NOTES

[1] Agreement between the British government and the Sheikh of Kuwait regarding the non-reception of foreign representatives and non-cession of territory to foreign powers or subjects, 23 January 1899 in Lauterpacht et al (eds) The Kuwait Crisis: Basic Documents (1991)

[2] Security Council Official Records (SCOR), sixteenth year, 958th meeting, 5 July 1961, paras 55, 65

[3] Iraq TV, 8pm (IST), 17 July 1990. Quoted in Gazi Ibdewi Abdulghafour, The Tragedy: Iraq’s Invasion of Kuwait. Genesis, Consequences and Conflict Resolution (New Delhi: Lancers Books, 1993) p. 67

[4] S/PV, 2932, 2 August 1990

[5] UN Document S/20503, 13 August 1990

[6]  Article 50 of the UN Charter states, “If preventive or enforcement measures against any State are taken by the Security Council, any other state, whether a member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of these measures shall have the right to consult the Security Council with regard to solution of the problems.”

[7] S/PV, 2963, 29 November 1990

[8]  UN Document S/22090, 17 January 1991

[9]  UN Document S/22172, 30 January 1991

[10]  UN Document S/22275 and S/22276, 27 February 1991

[11]  UN Document S/22274, 27 February 1991 and S/22288, 28 February 1991

[12] UN Document S/PV 2963, 29 November 1990

[13] JK Baral and JN Mahanty, “India and the Gulf Crisis: The Response of a Minority Government,” Pacific Affairs, Vol. 65, No. 3, Fall 1992, pp. 368-84.

[14] UN Document S/22496, 6 April 1991

[15] UN Document S/22480, 11 April 1991

[16] Gazi Ibdewi Abdulghafour, The Tragedy, p. 139

[17] Geoff Simons, The Scourging of Iraq: Sanctions, Law and National Justice,( Basingstoke; Macmillan, 2nd Edition, 1998) p. 52

[18] Geoff Simons, Iraq-Primus Inter Pariahs: A Crisis Chronology, 1997-1998 (Basingstoke; Macmillan, 1999) p. 54

[19] Pierre Salinger, “The United States, The nited Nations and the Gulf War,” Middle East Journal, Vol. 49, No. 4, Autumn 1995, pp. 593-613

[20] UN Secretary General Javier Perez de Cuellar in an interview to PTI-TV, 5 February 1991

[21] John Bulloch and Harvey Morris, Saddam’s War: The Origins of the Kuwait Conflict and the International Response (London; Faber and Faber, 1991) p. 200

[22] UN Document  S/21711, 5 September 1990

[23] The Times of India (New Delhi), 21 January 1991.

[24] JK Banal and JN Mohanty, “India and the Gulf Crisis,” p. 374-75

[25] Ibid. p. 377

[26] Ibid. p. 383

[27] Deccan Herald, 19 April 1991

[28] Address by Taha M. Marouf, Iraq Vice President in UN at 50: Statements by World Leaders, New York, 22-24 October 1995 (NY;UN, 1996)

[29] Middle East and North Africa 2001 (London, Europa Publications 2000, 47th Edition 2001, 2000) pp. 578-599

[30] Hindustan Times, (New Delhi) 16 January 2001

[31] Hindustan Times (New Delhi), 17 February 2001

[32] Times of India (New Delhi), 18 February 2001

[33] Times of India (New Delhi) 21 February 2001.

[34] Hindustan Times (New Delhi), 28 February 2001

[35] Farah Naaz, “Security in the Persian Gulf,” Strategic Analysis, Vol. XXIV, No. 12, March 2001, pp. 2257-2271

The author has a Ph. D. in International Politics from the Jawaharlal Nehru University, New Delhi.

His areas of interest are Southeast Asia, Southern Africa and Latin America and writes mainly on the politics of regional integration in these areas. He also writes on issues pertaining to South Asia, particularly on India’s Northeast.

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The United States Constitution in Simple English Now Available

The United States Constitution in Simple English Now Available












We the People


Saddle Brook, New Jersey (Vocus/PRWEB) January 01, 2011

The new Republican majority in the United States House of Representatives has promised to read the entire U.S. Constitution on January 6th, as a prelude to its getting to work on new legislation.

And what about the rest of Americans?

If citizens are going to hold elected leaders to the letter of the Constitution, they need to know what it says. Unfortunately, the Constitution was written with long, long sentences, many subordinate clauses, and seldom-heard legal terms. And most sources are in fine print.

Many citizens have long ago forgotten their 10th grade American civics class and the analysis of the Constitution. Or they may have slept through it at the time as one of the most dense and therefore, boring of topics. Or perhaps they never had such a course.

Twelve percent of the population of the United States is foreign born. This is another important segment of Americans who have no clear understanding of what the Constitution is. They’ve come here for the benefits of the Constitution, and studied enough to pass a citizenship test. But limited English kept them from getting a full view of the Constitution.

Elizabeth Claire’s purpose in providing the Constitution in Simple English is to give all Americans a fresh starting point in reading the Constitution. It is written on a reading level suitable for eighth-grade students and for new speakers of English at a high-intermediate level. The Constitution in simple English does not in anyway “dumb down” the original document, which stands directly next to it. Claire’s version contains a brief historical introduction and summary. Reading the Constitution “in translation” will help Americans appreciate the remarkable foundation of the U.S. government. This is a necessary first step in fulfilling civic duties.

Claire, who has a master’s degree in Teaching English as a second language, and 40 years of experience, is the author of 26 texts and teacher resource books in her field, and is the founder and publisher of Easy English NEWS, a monthly newspaper for English language learners.

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“We Are Americans” Opinion Editorial by Charles Fowler, Candidate for the United States Senate in the Colorado Republican Primary

(PRWEB) April 24, 2004

I am deeply troubled by what I sense to be almost like a Civil War in this country in our political arena. There is such a polarization between the left and the right, between Republican and Democrat. But listen, we are all Americans. When it comes right down to it, we are not Democrats, Republicans or Independents, we are Americans. I mean if the bomb were to drop today, we would all stand up together as Americans. Some how I think we have forgotten that.

And for the American Eagle to soar economically and politically it is going to take both wings, left and right working together. In order for anything positive to happen in the United States Congress it takes bipartisan leadership.

“And the two wings of the great eagle were given to the woman, in order that she might fly into the wilderness to her place”

Revelation 12:14; NASB

This biblical passages speaks clearly of God using the United States of America in His’ Divine Providence. It speaks of the “two wings” which I believe are the left wing and right wing in American politics. But who is the woman?

Allow me to quote part of the poem that’s on the Statue of Liberty:

“Keep, ancient lands, your storied pomp!”

cries she with silent lips.

Give me your tired, your poor,

your huddled masses yearning to breathe free;

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tossed to me,

I lift my lamp beside the golden door.

-by Emma Lazarus, New York City, 1883

The Statue of Liberty holds a torch in her right hand and carries in her left a book of law inscribed “July 4, 1776.” The broken chains, symbolizing the overthrow of tyranny, lie at her feet.

Immigrants the world over would see “Lady Liberty” welcoming them to America’s shores. For more than one hundred years the Statue of Liberty has become the global symbol of freedom.

Referring back to our text in Revelation, it is significant that the Holy Spirit does not actually refer simply to “the wings of the great eagle,” but very specifically “the two wings.”

In America today the Christian vote is divided politically. Christians who vote Republican do so for their anti-abortion platform. Christians who vote for the Democrats are conscious of the needs of working people, care for the poor and hurting in our nation. Independents tend to be a mixture of the two who do not feel represented by either.

I believe that God needs Christians in both political parties to be salt and light, in order to provide a positive influence in our government. I personally believe that God has given “the two wings of the great eagle” to the woman, “Liberty.”

“Give me your tired, your poor,

Your huddled masses yearning to be free;”

But the message for us today is that it takes two wings for this American eagle to fly. It takes both the left wing and the rignt wing. Isn’t it time we agreed to disagree and when we disagree, do it with dignity and respect for each other?

The two missing ingredients in the United States today are dignity and respect for each other. Respect between Republicans and Democrats. Respect between workers and employers. Respect and dignity in our political campaigns?

Today if you are a politician looking for PAC money or endorsements, you find out that if you are just a little moderate, it is very difficult. PAC money only goes to people on the hard left or the hard right, moderates don’t seem to fit into the political scheme. One group wants to abolish Public Broadcasting and the other wants to abolish the Department of Education. Another group demands your’ support for abortion, the other group demands your’ support for vouchers. If you are a Republican, and prefer tax credits over vouchers, support Public Broadcasting and believe that the Department of Education provides a vital service, then, “lots of luck.”

Today we have so demonized the opposition, polarized those with whom we disagree that issues become secondary and honest debate seems impossible. It was Ronald Reagan, one of our nation’s greatest Presidents, who presented what he called, the 11th Commandment:

“Never speak ill of a fellow Republican.”

What he was saying, is treat each other the way you would like to be treated. Treat each other with dignity and respect. I think in America that it would be good if we adopted something very similiar in our thinking: “Never speak ill of a fellow American.”

In other words, quit demonizing the other party and start treating each other with dignity and respect. It is what another great American President, John F. Kennedy said:

“Every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated.”

Education

I am of the opinion that there have been too many budget cuts and that the Senate has failed to properly fund our educational programs. My position is that we need to fully support the Department of Education and send more federal funds from Washington to help states and local school districts have the full funding they need for such programs as are needed for “Children with Learning Disabilities” and other programs.

I feel like the black sheep in the party for my stand on education. Bob Schaffer wants to abolish the Deparment of Education and I want to increase the Department of Education’s funding. Most of the Republicans in Colorado are for vouchers. I prefer tax credits. I would like to see tax credits established for all tuition payments from Preschool all the way to the Ph.D. This would be a sound investment in the future of our nation.

I find it interesting that we can find the funds to build prisons and not schools. Experts tell me that the future prison population can be determined by Fourth Grade test scores. It sounds like we have our priorities very confused. The education of kids should be the top prioirty in the future. If we work together, instead of against each other, we can repair, remodel and build better schools instead of being forced to build more prisons.

School Construction

School Construction should become a priority in America again. I have been to Las Animas and other school districts where the buildings are much older and in need of repair. Students who attend class in dilapidated, hazardous and sometimes dangerous buildings have a difficult time learning. Many of our schools are not equipped with the computers and high-tech education that today’s students must have.

Smaller, rural and lower income school districts cannot accomplish this without some federal funding to help. In my opinion we need to work together to see that we have funding to help these districts repair their most dilapidated public school buildings and when needed build new schools.

There is an elementary school in use today in Las Animas, Colorado which was built in the 1880’s. It is a well cared for and historic facility, but underscores the fact that it has been many years since many school districts have been able to build new school buildings.

PLAN FOR FUNDING HIGHER EDUCATION

My roots are in agriculture and I strongly support anything that will genuinely help the farmers and ranchers of Colorado. However, the Farm Security Act; a $ 73 billion hike in agricultural subsidies enacted for the good purpose of aiding impoverished farmers now has such restrictions that link these subsidies to select crops and total acreage to ensure now that wealthy farm owners, corporate executives and even other legislators benefit the most. For example, basketball star Scottie Pippen and billionaires Charles Schwaab, David Rockefeller and Ted Turner each received six-digit farm subsidies over the past five years.

So what if we take about half of those subsidies to the billionaires and propose a $ 35 billion financial aid package that would go to the states to help bring college tuition down.

And, while we are at it, take another $ 35 billion from the billionaire farmers and fund health care for the many Veterans who gave of themselves in order that we might be free today.

Experts on government waste estimate that another $ 20 billion a year is literally thrown away each year on political pork. Let’s kill the pork and bring another $ 20 billion to the table and start offering some additional tax credits for some of our college students to help pay for their tuition. Helping kids through college is not pork, it is an investment in the future of our country.

Veterans

We must never turn our back on the brave men and women of our Armed Forces. Colorado is home to thousands of these brave men and women who have chosen to risk their lives to make us safe and fight for freedom around the globe.

We need to make certain that when our servicemen and women are called to duty that their families do not face an undue financial burden.

FOWLER FAQ’S

Why are you running for this office?

In order to represent the interests and the values of the hard working people of Colorado and not forget the people and their values once I get to Washington. I pledge to hold regular town hall style meetings across the state and form bipartisan policy committees to help find solutions and solve any problems we may face in the future.

What are your views on President Bush’s new immigration plan?

It is a moral immigration policy that takes into account the concept of the “right to migrate” and the priority of the famiy over the state. It does not threaten our security and over the long haul will benefit our economy.

Should Roe vs. Wade be overturned?

Yes, Row vs Wade was an attempt by the court to write legislation. Their decision was based on the “penumbra” of the Constitution, a mysterious shadow or spirit of the Constitution, which was being created by the decision itself. Supreme Court Justices are not elected and according to Artice 1, Section 1 of the Constitution, should not write laws

Do you favor the Allard/Musgrave amendment banning same-sex marriage?

Yes, but I also believe that the laws are already in place that support traditional marriage. If this amendment passes, it would still be tested in the court system. Either way the legislatures go with this issue, it is still going to wind up in the hands of the Supreme Court. While I do support traditional marriage, it is eventually going to be a decision for the Judicial Branch and not Congress. It is simply a Judicial decision in my view, if you lay all the political hype to the side, the courts are actually going to decide this. And that underscores the importance of strong Constitutional Justices being appointed to the judiciary, especially to the United States Supreme Court.

What are the three biggest issues facing your constituents and what do you see as solutions?

For me, I think it is education, workers rights and military pay. I also think it is vital that we elect someone to the United States Senate with an open heart and a listening ear, that will work hard to represent the main stream values of all of Colorado.

So public education is my top priority, especially in the area of school modernization. Education is not pork, it is our kids future. I prefer tax credits over vouchers and would like to see tax credits established for all tuition payments from preschool to Ph.D. There should be federal funds to assist in school modernization and the Department of Education plays a vital role.

Military pay is a major issue for me, we send our brave soldiers into combat and their families should not struggle financially.

Workers rights: we need a worker friendly Senator who understands the struggles of working families and does not fight against them. I am very concerned with Pete Coors and his history in this area. While I am not seeking the endorsement of the AFL-CIO, I do agree with them on many of the issues they are fighting for.

At this stage in this campaign I need your support in order to ensure that my name is on the ballot in August and that I can conduct a competitive campaign. Please visit my website for details.

CONTACT INFORMATION:

Brian Raile, Campaign Manager

Charles Fowler for United States Senate

Post Office Box 5532

Colorado Springs, Colorado 80931-5532

719-471-1040

http://www.charlesfowler.com



How come the Constitution of the United States is not being used to its fullest potential?

Question by soccerchick2011: How come the Constitution of the United States is not being used to its fullest potential?
The Constitution was written for a reason, and today we are not using it to its fullest potential. Why aren’t we? The Constitution was written by very smart men and we are not using it like they intended it to be used. If we’re not going to use it like we should, why do we have the Constitution?

Best answer:

Answer by Citicop
How we “should” use it is a matter worth of some debate, don’t you agree?

Do you have an example of its misuse?

Add your own answer in the comments!

Constitution of the United States of America (page 3)

Some cool The Constitution images:

Constitution of the United States of America (page 3)
The Constitution
Image by The U.S. National Archives
From: Series: The Constitution of the United States, compiled 09/17/1787 – 09/17/1787 (Record Group 11)

Created by: Constitutional Convention. (05/14/1787 – 09/17/1787)

Persistent URL: arcweb.archives.gov/arc/action/ExternalIdSearch?id=1667751

Repository: National Archives Building – Archives I (Washington, DC)

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Constitution of the United States of America (page 2)
The Constitution
Image by The U.S. National Archives
From: Series: The Constitution of the United States, compiled 09/17/1787 – 09/17/1787 (Record Group 11)

Created by: Constitutional Convention. (05/14/1787 – 09/17/1787)

Persistent URL: arcweb.archives.gov/arc/action/ExternalIdSearch?id=1667751

Repository: National Archives Building – Archives I (Washington, DC)

Buy copies of selected National Archives photographs and documents at the National Archives Print Shop online: gallery.pictopia.com/natf/photo/

Access Restrictions: Unrestricted
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The United States Constitutional Requirements Of Due Process Applied To The Public Employment Relationship Of School Personnel In Texas

The United States Constitutional Requirements of Due Process Applied to the Public Employment Relationship of School Personnel in Texas

 

Barbara A. Thompson, M.S.

PhD Student in Educational Leadership

College of Education

Prairie View A&M University

Administrative Assistant

College of Engineering Graduate Affairs and Research

 

William Allan Kritsonis, Ph.D.

Professor and Faculty Mentor

PhD Program in Educational Leadership

Prairie View A&M University

Member of the Texas A&M University System

Visiting Lecturer (2005)

Oxford Round Table

University of Oxford, Oxford England

Distinguished Alumnus (2004)

Central Washington University

College of Education and Professional 

ABSTRACT

 Most of the legal disputes arise out of the employment of public school personnel.  Laws that affect the employment relationship, the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process, and the legal issues that arise in these contexts are examined.

  

 

Introduction

The United States (U.S.) Constitution applies to the public employment relationship (Walsh, Kemerer & Maniotis, 2005).  This fact distinguishes public employment from private employment.  The due process of the Fourteenth Amendment is not invoked in the private sector and it is not a guarantee against incorrect or poor advisement.  According to the U.S. Constitutional requirement of the due process clause, states must afford certain procedures before depriving individuals of certain interests.   Laws and legal proceedings must be fair.  When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.  (The Lectric Law Library’s Lexicon on Due Process, n.d.).  The focus is on deprivation of liberty or property.  Certain procedures are considered due process and certain interests are life, liberty, or property.  The Supreme Court requires individuals to show that the interest in question is either their life, their liberty, or their property.  If the interests are not in either of these categories, life, liberty or property, no matter how important it is, it doesn’t qualify for constitutional protection.  The U.S. Constitution only restricts governmental action.

Rights can be regulated or taken away altogether if due process of law is provided (Walsh, Kemerer & Maniotis, 2005).  The due process clause serves to the use of fair procedures, more accurate results that would prevent the wrongful deprivation of interests.  Due process provides individuals the opportunity to be heard from their point of view.  This allows the individual to feel that the government has treated them fairly.  The due process clause is essentially a guarantee of basic fairness by giving proper notice, providing an opportunity to be heard at a meaningful time in a meaningful way or a decision supported by substantial evidence.  The more important the individual right in question is, the more process that must be afforded (Exploring Constitutional Conflicts, 2009).

 


The Purpose of the Article

The purpose of this article is to focus on the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process and the legal issues that arise in these areas.

The Constitutional Concept of Due Process

            In any personnel decision, the question is whether the employee was deprived of any property or liberty with the constitutional guarantee of due process of law.  The 1972 U.S. Supreme Court case of Board of Regents v. Roth, ruled that teachers are protected under the 14th amendment property right of continued employment if the state law gives them a legitimate claim of entitlement to it (Walsh, Kemerer & Maniotis, 2005).  Before any process is due, there must be state action and a significant, more sudden and dramatic deprivation of life, liberty or property.  For example,

            The federal court is not the appropriate forum in which to review the multitude of

personnel decisions that are made daily by public agencies.  We must accept the harsh fact that numerous individual mistakes are inevitable in the day to day administration of our affairs.  The United States Constitution cannot feasibly be construed to require federal judicial review for every such error.  In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee’s constitutionally protected rights we presume that official action was regular and, if erroneous, can best be corrected in other ways.  The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions.  (Russell v. El Paso I.S.D., 1976, p. 565.)

When the government deprives an individual of life, liberty or property, the due process clause is invoked.  A property right protected by the Fourteenth Amendment may not be taken away without providing a person with due process (Walsh, Kemerer & Maniotis, 2005).  Governmental action is restricted by the U.S. Constitution.  In the private section, the due process clause is not invoked.  Due process is not an absolute.  It varies according to the deprivation of property.

            When a person accepts a position with a school district on an at-will basis, he or she has no property right in the job (Walsh, Kemerer & Maniotis, 2005).  There is an at-will employee contract that incorporates an at-will relationship.  If the at-will employee points to the employee’s policies and procedures manual as reasons not to be fired, no process is due.  The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause (Walsh, Kemerer & Maniotis, 2005).  There is no property right in the job, therefore no process is due.  If the employee’s contract is not renewed and the contract has run its full course, there is no process due.  If the contract is not renewed and there is another year on the contract, then due process is invoked.  The employee who has a contract is entitled to due process.  

Due process for a terminated employee includes giving timely notice of why the termination is occurring, a fair hearing so that the employee can defend himself, names and the nature of the testimony of witnesses against the employee must be available, and sufficient evidence to establish a good cause for dismissal must be presented (Walsh, Kemerer & Maniotis, 2005).  The employee can be on the job for thirty years or the employee can be a one year probationary teacher.  If the contract was terminated before the stated expiration date, the property right of the individual is in question and due process is invoked.  Texas employees are allowed an independent hearing.  Any decision to terminate a contract comes back to the school Board before it is final.  The employee must produce clear evidence if they charge the Board with partiality.

            The liberty right of the individual addressed in the Fourteenth Amendment suggests that the parent has a right to select a non-public school, the right to privacy and the right to a good reputation.  In the 1972 Supreme Court case Wisconsin v. Constantineau (p.437), the employee stated the government put his name, honor and reputation at state, therefore a notice and an opportunity to be heard was essential.  Stigmatizing statements create a right to a name clearing hearing only if they arise in conjunction with termination or non-renewal of employment as in the Siegert v. Gilley, 1991 court case.  If the employee publicized the defamatory remarks, due process is not invoked.  There is no right to a name clearing hearing.  In Burris v. Willis I.S.D., 1983, a teacher claimed that when a board official read a letter about him at an open board meeting and in so doing, it violated his constitutional rights by depriving him of a liberty right to a good reputation.  The teacher’s claim was rejected because the file was kept confidential. 

Employment Arrangements, Contracts and Legal Recourse

            There are six types of employees within the public school (Walsh, Kemerer & Maniotis, 2005).  They are at-will employees, non-chapter 21 contract employees, probationary contract employees, term contract employees, continuing contract employees and third-party independent contract employees.  Legal issues arise within each area when the relationship is ended. 

At Will Contracts

The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause.  This employee can be terminated for good reasons, bad reasons, or ‘no reason at all’.  ‘No reason at all’ refers to a reason based on a bad reason that violates state or federal law.  If the decision is a wrongful discharge and the employer violated state or federal law, the employee can sue (Walsh, Kemerer & Maniotis, 2005).  The at-will relationship is the norm in the private sector.  For example, an employee in at at-will relationship in the private sector can be described as an employee working for 30 years and quit his or her job tomorrow.  Also, an employee can go into work the next day and be fired (Walsh, Kemerer & Maniotis, 2005).   The terminated at-will employee can file suit alleging his discharge was due to retaliation for his exercise of his constitutional rights when he or she blew the whistle on wrongdoing.  The terminated employee can also file discrimination based on race, sex, religion, age, national origin, or disability if it can be proven.

Chapter 21 and Non Chapter 21 Contracts

Teachers certified under chapter 21 of the Education code must have a contract.  Chapter 21 employees include the classroom teacher, librarian, nurse or counselor, which means a probationary, term or continuing contract.  Section 21:201 describes a teacher under term contract law as a supervisor, classroom teacher, counselor or other full-time professional who must be certified under Subchapter B or a nurse.  Non-chapter 21 employees do not need a contract and do not require certification.  They are not subject to an independent hearing system or statutory non-renewal process.  Positions such as business manager, director of transportation, director of construction and facilities or director of maintenance do not require certification.   If there is a written employment contract, and the employee alleges the district violated the contract and meant him monetary harm, the employee can appeal to the commissioner pursuant to TEC § 7.107.

Probationary Contracts

            Probationary contracts are for those teachers who have never taught before or who have not been employed for two consecutive years subsequent to August 28, 1967. (TEC § 21.102.  The probationary period can be as long as 3 years except for experienced educators with previous employment in public school for 5 of the 8 preceding years.  The probationary teacher will serve under a 3 consecutive one-year probationary contracts.  Probationary periods can be for a semester when the school year falls in the middle of the year.  A probationary teacher can resign without penalty up to forty-five days before the first day of instruction.  If school starts in mid-August, the teacher must resign before July 1 or suffer sanctions imposed by the State Board of Educator Certification.  A probationary contract can be non-renewed by the board even if the superintendent recommended that it be renewed (Berry v. Kemp I.S.D.).

Term Contracts

            After the probationary period, the teacher must receive either a continuing or a term contract (Walsh, Kemerer & Maniotis, 2005).  The length of the contract and the process for renewal, nonrenewal, or termination determines which contract to offer.   A classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who holds a certification or a nurse may be offered a term contract.  A term contract has a beginning date and an end date and is any probationary Chapter 21 contract for a fixed term that can be as long as 5 school years.  As the end date approaches, some action must be taken.  The resignation date for a term employee is 45 days prior to the first day of instruction which is the same for probationary employees (Walsh, Kemerer & Maniotis, 2005).  A term teacher contract can be renewed by the school, non-renewed or terminated.  Termination refers to the action of the district to end the contract prior to its normal expiration date.  The teacher is deprived of property interest and good cause, thus due process is required. 

A non-renewal of contract refers to the school district letting the contract expire.  The employee is permitted to fulfill the terms of the contract and no new contract is offered.  If there is a multi-year contract, the district extends the contract each year or if the contract is not extended in the 2nd year, it is still valid for that year.  The contract is non-renewed.  A term contract teacher is entitled to a hearing prior to nonrenewal.  Once the teacher receives notice, a hearing can be scheduled within 15 days with the board or an independent hearing system that is closed to the public, unless the teacher requests an open hearing.  A term contract teacher can be suspended, but not beyond the school year, without pay for good cause as determined by the school board.  The teacher is entitled to request an independent hearing or the district can suspend the teacher with pay and non-renew the contract at the end of its term.  The district must give notice of a proposed non-renewal to the teacher 45 calendar days before the last day of instruction.  If the 45 days are not adhered to, the contract is automatically renewed.  Complaints of procedural irregularities in the appraisal process cannot be resurrected at the contract non-renewal process (Walsh, Kemerer & Maniotis, 2005).

When the superintendent contract is up for non-renewal, reasonable notice of the reason for the proposed non-renewal must be given before the 30th day of the last day of the contract term.   In contrast, the teacher term contract does not require reasonable notice of the reason for the proposed non-renewal.

Continuing Contracts

            A continuing contract is issued to a classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who was eligible for a continuing contract.  The contract rolls over form one year to the next year without the necessity of board action.  Non-renewal does not apply to continuing contracts.  A former administrator, who moves into a teaching position and teaches children, can be issued a continuing contract.  There is no specific length of time for continuing contract.  The contract remains in effect until the teacher resigns, retires, is terminated, or is returned to probationary status.   The continuing contract teacher can be terminated according to the independent hearing system, at any time for good cause (failure to meet the standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state) as determined by the board of trustees (TEC §21.156).   Instead of discharge, a school can suspend a continuing teacher contract with notice, entitlement to an independent hearing, and without pay for a period of time not to exceed the current school year.  The continuing teacher contract can return to a probationary status, provided the teacher consents to the move (Walsh, Kemerer & Maniotis, 2005).


Third-Party Independent Contracts

            Full vested educators in the Texas Teacher Retirement system (TRS) could retire, begin drawing benefits, and them go to work at a salary equivalent to or better than what they had been making.  School Boards could begin hiring teachers and not be burdened with having to treat them as employees.   The teachers would keep their benefits under TRS (Att’y Gen. Op. GA-0018, 2003).  If a school principal was dissatisfied with a teacher, he would call and ask for a different teacher.  The school district did not employ the teacher and there was no contract and no legal requirements to end the relationship.

The Hiring and Firing Process

            In 1992, the legislature created State Board for Educator Certification (SBEC), a 14 member board, as the key entity to oversee and regulate all aspects of the certification, continuing education, and standards of conduct of public school educators.   SBEC has power to adopt rules for out of state educators, certification, requirements for renewal of certificates, and disciplinary procedures for suspension and revoking a certificate as well as approval and continuing accountability of such programs (Walsh, Kemerer & Maniotis, 2005).  The board must annually review the accreditation status of each educator preparation program.  An advisory committee has to be appointed by SBEC for each class of educator certificates.  These rules must be submitted and reviewed by the State Board of Education and can be rejected by SBOE by a 2/3 vote.  A public school district can hire certified and licensed employees.  Certified employees are teachers, teacher interns, teacher trainees, librarians, educational aids, administrators, and counselors.  Licensed employees are audiologists, occupational therapists, physical therapists, physicians, nurses, school psychologists, associate school psychologists, social workers, and speech pathologists (Walsh, Kemerer & Maniotis, 2005).

            Texas public school districts are governed by the same laws that prohibit discrimination laws based on race, sex, religion, age, national origin, sexual harassment, and disabilities.  Nondiscrimination laws apply to all employees regardless of the contract and have implications for the hiring process.  Those involved in the hiring process need specific training (Walsh, Kemerer & Maniotis, 2005). 

            School districts are not required to advertise or post vacancies in their school.  Advertising is a choice the school makes so that they can defend themselves against discrimination.  The school board adopts policies regarding the employment and duties of personnel.  The superintendent has sole authority to make recommendations to the board regarding the selection of all personnel and must be in the loop in hiring people.  The principal does not hire staff, but must approve each teacher, reassignment, or staff appointment to the principal’s campus except for necessary teacher transfers due to enrollment shifts (11.202; Att’y Gen. Op. DM-27, 1991).  In this regard, the superintendent has final placement authority for a teacher.   SBEC must obtain criminal history on all certified educators.  Background checks are not required by each school district except on contracted bus drivers of transportation services.  If the bus driver has been convicted of a felony or misdemeanor involving moral turpitude, the bus drive may drive the bus only with the school’s permission.  If an applicant lies on an application about the felony or misdemeanor involving moral turpitude, the applicant must be terminated (TEC 22.085).  “Moral turpitude is a legal concept in the United States that refers to “conduct that is considered contrary to community standards of justice, honesty or good morals” (Moral turpitude, 2009).  If an applicant has a clean record when hired, and is convicted of an offense while working for the district, a report must be made within seven calendar days by the superintendent or chief executive (19 TAC 249.14)

Concluding Remarks

In conclusion, school districts employ many people and must comply with many federal and state mandates.  The relationship between employees in the public schools is determined by constitutional restrictions and statutory provisions in the Education Code and other legislation.  Regardless of the type of contract used by a school district, contract with teachers must be in writing.  Verbal commitments from school administrators may not be legally binding.  Terms of the contract must be approved by the school board.  According to Walsh, Kemerer & Maniotis (2008), the knowledge of the basics of the law should move from the central office to each campus.   The director of personnel for the district should be an expert and have full of the United States constitutional requirements of due process applied to the public employment relationship of school personnel in Texas.

 

 

References

Att’y Gen Op DM-27, 1991

Berry v Kemp I.S.D., Dkt. No. 103-R10-600 Comm’r Educ. 2001):  158-159

Burris v Willis I.S.D., 713 F.2d 1087 (5th Cir. 1983):  131, 236

Linder, D. (2009).  Exploring constitutional conflicts.  Retrieved November 1, 2009 from

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html

19 TAC 249.14

Russell v El Pas I.S.D., 539 F.2d 563 (5th Cir. 1976):  128

Siegert v Gilley, 500 U.S. 226 (1991):  131

TEC 21:201

TEC 7.107

TEC 21.102

TEC 11.202

TEC 22.085

The Letric Law (2009).  Moral turpitude.  Retrieved November 18, 2009 from

http://www.lectlaw.com/def/d080.htm

Walsh, J, Kemerer, F., & Maniotis, L. (2008).  The educator’s guide to Texas school law. 

6th ed.  University of Texas Press:  Austin, Texas.

Wisconsin v Constantineau, 400 U.S. 433 (1971):  130, 327

Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”

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The United Nations and the Junta in Myanmar

Albert Einstein was quoted as saying that the definition of insanity is doing the same thing over and over again but expecting different results. Unfortunately, Einstein’s definition of insanity fits the United Nations handling of the sad situation in Myanmar (Burma) for the last seventeen years.


Consider that since the overthrow of the legally elected government by Myanmar’s military junta in 1991, the U.N. General Assembly and Human Rights Commission have passed a total of twenty nine separate Resolutions aimed at stopping the Junta’s atrocities. For its part, Myanmar’s leadership has completely ignored every single United Nations Resolution.


In addition to all these United Nations Resolutions, there have been twelve calls during the last fifteen years by the United Nations Secretary General in an attempt to secure the release of imprisoned Aung San Suu Kyi, the legitimately elected leader of the country. Sadly, to this day, Aung San Suu Kyi remains under house arrest by Myanmar’s military junta.


In 2005, former Czech Republic President Vaclav Havel and South Africa’s retired Bishop Desmond M. Tutu, wrote a report on Myanmar for the United Nations Security Council. The 2005 Havel/Tutu report was a complete indictment of the most brutal military dictatorship in the world today. The report indicated that the military kidnaps male children at an early age and trains them in the use of weapons by age eleven. It is estimated that nearly 70,000 children have been forced to join the military in this manner. The country is also the world’s leading producer of heroin and is heavily involved in drug trafficking.


In addition to the drugs and rampant child abuse, thousands of Myanmar villages have been systematically destroyed by the military Junta. Over 200,000 refugees have fled the country to escape the brutality of the regime. In Myanmar, there are no basic human rights, healthcare, education, political rights, or free speech. Atrocities are common with murder, rape, and forced labor common.


In addition, HIV aids is a major problem in the country as well. In effect, the military’s corrupt ruling Junta has succeeded in making Myanmar one of the poorest countries in the world. The 2005 report also found that Myanmar met all the criteria necessary for United Nations Security Council intervention.


The truth is that the Havel/Tutu report was largely ignored by the United Nations because both Russia and China are significant arms suppliers to the Myanmar regime. Also, both of these United Nations Security Council members are actively seeking future investment opportunities with the Junta because of the country’s large gas reserves.


Last year, Myanmar’s military was attracting dubious international publicity for killing innocent monks. The monks were protesting the intolerable conditions in the country, even as construction of a palatial inland city for the Junta’s leadership called Naypyitaw was well underway. The United Nations quickly responded to last year’s tragic events in Myanmar by appointing a “special envoy”, Ibrahim Gambarito, as a liaison to improve the situation. A series of meetings between Gambarito and the military Junta would not, in the words of the U.N. special envoy, produce any “tangible outcome”.


Today, the sad story of the United Nations and Myanmar continues to get even worse. The wind and rain of Hurricane Nargis have recently devastated much of the country. More than 100,000 people are feared dead and millions more are starving and homeless. The International Community and the United Nations have tried to provide relief aid to the hurricane victims. However, the paranoid Myanmar Junta has refused to let most of the aid enter the country, fearful of a foreign military invasion.


The Junta’s continued refusal to accept foreign aid led to the recent meeting between Myanmar Senior General Than Shwe and UN Secretary General Ban Ki-moon at General Shwe’s newly constructed palace compound in Naypyitaw. Shortly after the meeting, UN Secretary General Ban Ki-moon left Myanmar praising General Shwe’s “flexibility.”


It was certainly ironic that only several hours after meeting with the United Nations Secretary General , Than Shwe’s government announced that opposition leader Aung San Suu Kyi would be held for yet another year under house arrest. At least the U.N. Secretary General will not have to make that historically futile telephone call to try and secure her release for the next twelve months.


Then, a government controlled newspaper called, “The New Light of Myanmar” concluded that the country’s hurricane crisis was over as it announced; “The government and the people are like parents and children. We, all the people, were pleased with the efforts of the government.” As for the millions of starving and homeless from the recent hurricane, the government reasoned that it does not need any international aid because the Myanmar people can now eat “large frogs” that are plentiful during the rainy season.


So, the process goes on and on and on. Myanmar atrocities followed by the same sad diplomatic dance between the U.N. and Myanmar’s corrupt military leadership. A lack of any diplomatic progress is eventually followed by empty U.N. Resolution after Resolution, over and over again, year after year. However, there has never been a single, positive, tangible outcome to any of the country’s many vast problems.


This entire process is defined by Albert Einstein as insanity and it is the only real term that accurately describes the response of the United Nations to the actions of the world’s worst regime of despots in Myanmar for the last seventeen years.

James William Smith has worked in Senior management positions for some of the largest Financial Services firms in the United States for the last twenty five years. He has also provided business consulting support for insurance organizations and start up businesses. Visit his website at http://www.eWorldvu.com

13th, 14th and 15th Amendments to the United States Constitution

The Thirteenth Amendment:

The Thirteenth Amendment to the United States Constitution, from 1865, abolished and continues to prohibit slavery in the United States. The African-American received legal freedom, but nothing more. The true revolution for them was only after 1954. The congress did not propose any decision for equal rights for blacks and whites

The Fourteenth Amendment:

The Fourteenth Amendment is an example for a radical republican legislation. The first section formally defines citizenship and requires the states to provide civil rights.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The amendment includes a section that prevents the election of any person to the Congress who had held any of certain offices and then engaged in insurrection, rebellion, or treason. Another section confirmed that the United States would not pay “damages” for the loss of slaves, nor debts that had been incurred by the Confederacy. Most of the south states, except Tennessee,  rejected the amendment, and they paid dearly later.

The Fifteenth Amendment:

The Fifteenth Amendment provides that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude”.

This amendment was also intended against the south, that tried to prevent political rights from the blacks.

Thanks to jammer and broadcast monitoring and car rental in israel

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Traveling to the United States more and more difficult for Canadians with Criminal Records

If you have been following the news lately, flights to the U.S. from Canadian airports came crashing to a halt with news of the terrorist plot on Christmas Day. With each new terrorist plot uncovered and thwarted, the U.S. border and airport security are becoming more and more vigilent, and rightfully so. No one wants to witness the horrors of another September 11th type attack.

Unfortunately, the increased scrutiny at the border has had a few consequences. Much of the press on the matter has focused on the potential effect of increased border security on trade between Canada and the United States. The focus on trade is not unexpected. As of October, trade between the two countries totaled 351.31 Billion USD in 2009. Any security policy which hinders the exchange of goods across the border threatens the economic livelihood of both countries.

However, one of the less-observed consequences of the ever-tightening security on U.S. bound flights and border crossings is the effect on certain Canadians traveling to the United States.

The issue is criminal records, particularly old, minor offences such as theft and simple possession. Over 3 million Canadians have a criminal record of some form or another.

The United States has always had immigration laws prohibiting entry by people with past criminal records; however the laws were only loosely enforced prior to the 9/11.

Now, as border guards and customs officers do their due diligence on travelers, when the criminal record pops up on screen, they are forced to detain and process the unsuspecting Canadian traveler. Even for a 30 year old pot charge, a Canadian citizen can be forced through a 3 to 4 hour ordeal, including being fingerprinted by the U.S. Customs and Border Protection Agency.

Fortunately, there are solutions available to Canadian travelers with criminal records. If they have not yet been denied entry, they can apply for a Canadian pardon. If they have already been denied entry, they will need a U.S. Entry Waiver. Although these legal applications are complex, they can be obtained through a legal service such as Express Pardons for a nominal fee.

 

Jared Church is RCMP accredited, a voting member of the Paralegal Society of Canada, and a leading expert in the field of Canadian Pardons, U.S. Entry Waivers, criminal record systems, and similar legal matters in Canada.

Feel free to Email Jared your questions at info@ExpressPardons.com
For more information on the author’s Better Business Bureau Accredited firm, visit www.ExpressPardons.com

The New Constitution of the United States

   We the Elitists of the United States of America, in order to form a more socialist union, establish injustice, insure domestic suffering, provide for the elitists’ defense, promote the general discontent, and secure the blessings of liberty to ourselves and our posterity(descendants), do ordain and establish this NEW Constitution for the United States of America.

   The real Preamble ,or introductory statement, of the Constitution was written by our Founding Fathers and reads this way:

    We the People of the United States of America, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America.

    Do you see what happens to the meaning when you change just a few key words in a document?  The Elitists, a.k.a. Liberals, Democrats have been changing words in the body of the Constitution for years by way of Liberal Supreme Court Justices in order to achieve the goals of their NEW Constitution. 

    ” A family wants to grow their own vegetables in their back yard because it’s cheaper than buying them at the store.  The government tell them theycan’t because of environmental restrictions.  So now the family has to buy their vegetables at the store.  For a while everything is fine, vegetables are plentiful and the price is cheap. Then a disaster strikes the Midwest where the vegetables are grown and the supply is cutoff.  The supply that is available is so over priced that no can afford buy any. ”

     I know you’re thinking the above scenario couldn’t possibly happen in this great country of ours, think again, instead words grow, family, vegetables, Midwest and store try putting the words drill, oil company, barrels of oil, Mideast and gas station.  Now I leave it to you the reader to draw your own conclusions.

     I am neither an alarmist nor a pessimist, but it seems to me that one day soon we are going to have to wake up, go outside and feed and hay the only mode of transportation left.

  “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.”

— Patrick Henry
            

  

I am a forty something man who is proud to be Conservative Republican. I still believe in the Constitution the way our Founding Fathers wrote it. Life, Liberty and the Pursuit of Happiness these are not just words to me. I also belive in Capitalism (It’s not a dirty word). I believe in Small Goverment.

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