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PER: Potchefstroomse Elektroniese Regsblad
On-line version ISSN 1727-3781
PER vol.16 n.1 Potchefstroom Apr. 2013
The paradox of migration and the interests of the atomistic nation-states: the Southern African perspective
PJ Ngandwe
Phazha Jimmy Ngandwe. LLB LLM (NWU Mafikeng). Senior Lecturer at the University of South Africa, College of Law in the Department of Public, Constitutional and International Law. Email: email@example.com
The "paradox of migration and the interests of the atomistic nation-states" interrogates the phenomenon of migration in general and in the Southern African Development Community in particular. The point of departure of the paper is the African Union and the Southern African Development Community's legal framework on migration, as read with the national legal instruments of the different member states. Its focal point is the raison d'etre of this phenomenon of migration and the corresponding approaches and attitudes of the nation-states within which migration takes place inter se. This includes the psycho-social impact of migration. Internationally as well as regionally, States are concerned with issues of sovereignty, the preservation of the welfare of the citizenry, ensuring social cohesion social, cultural and economic development including job creation, and fighting against transnational organised crime, including terrorism. The theme of the paper is that whereas migration should form the bedrock of regionalism and globalisation, the negative attitudes of the nation-states to migration are more often than not at variance with the objectives of regionalism and globalisation.
The central question of the research is how states can discharge their duties and obligations vis-à-vis their nationals without perpetuating the bottlenecks to and the stigma that attaches to migration and thereby upsetting the international as well as regional integration objectives of the free movement of people. This is the issue that the paper is intended to explore. The main areas of concern are that the negative attitudes of the nation-states are manifested in the hostile treatment of migrants at all ports of entry, including illegal or ungazetted points of entry, within the nation-states in general, and in their labour markets in particular. This research therefore explores the paradoxical nature of the duties and responsibilities of states within the migration and mobility discourse. The paper will conclude by making practical recommendations aimed at influencing policy and law.
Keywords: Citizenry; globalisation; migration; mobility; regional integration; paradoxical; phenomenon; psycho-social; nation-states
1 Introduction
The subject of migration falls under the ambit of regional integration and within the peace and security sphere of international law. The peace and security mandate departs from the position that it is in cultivating the spirit of good neighbourliness that peaceful neighbourhoods can be built. Subsequently, the world will as a corollary be free of a myriad security concerns.
Within the African context in general and Southern Africa in particular, this happens against the backdrop of the constraints of limited and meagre resources. At the same time states and governments have a duty and vested interest in ensuring and facilitating not only the free movement of goods and services but the freer movement of people as well, especially in this era of the advent of regional integration and globalisation. These duties emanate from the regional legal framework inter alia as constituted by the Constitutive Act of the African Union,1 the African Charter on Human and People's Rights,2 and the Treaty of the Southern African Development Community.3
The African Charter on Human and People's Rights in this regard provides that the member states of the Organisation of African Unity4 parties to the Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them.5 It further provides that every individual shall be entitled to the enioyment of the rights and freedoms recognised and guaranteed in the Charter without distinction of any kind, such as race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune or birth.6
Empirical examples will be utilised to demonstrate the practical issues attendant on migration, especially the methods of mobility and the processes and practices vis-avis immigration at ports of entry within the member states. This will include addressing the sensitive issues relating to the treatment of migrants such as refugees, asylum seekers and illegal immigrants. Abuses and the ill-treatment of migrants by government officials and xenophobic attacks by the ordinary nationals of host states is another contentious reality that the research will cover. As said earlier, the gravamen of the paper is that the bottle necks to migration result from the failure of the nation-states to integrate. Whereas migration should be pertinent to the obiectives of regional integration, the individualistic and nationalistic interests of the member states defeat the collective interest of the integration of the region.
2 The state's duties and responsibilities towards its citizens
The modern state has more sovereign responsibilities towards its citizens than its medieval version had. Many of these responsibilities constitute what are called the interests of the atomistic-nation state. These are nationalistic interests that tend to exalt the interests of the individual state above common and collective regional and global interests.7 They come about partly as a corollary of the legitimate expectations and demands that the citizenry places at the door of their national governments. They are also a result of the self-serving interests of states to maintain and retain control over their nationals and those within its territory.
Most of the duties and responsibilities of states towards their citizens are enunciated in international covenants and treaties such as the Charter of the United Nations of 1945, the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966.8 These duties are also enshrined in the domestic constitutions, statutes and other policy documents of the individual states.9
The State's sovereign responsibilities are, inter alia, nation building, to protect and maintain borders, to confer nationality and to determine the criteria for such conferment, to admit and expel foreigners, to combat human trafficking, to create iobs and to safeguard national security. The listing of the responsibilities of the sovereign state, as above, naturally raises a number of questions such as why protect and maintain borders? Against whom or what? Against whom or what and for whom is national security being safeguarded? The state also has a duty to provide travel documents or passports to its nationals and permanent residents in accordance with set criteria. The travel documents remain the property of the state. The individual merely possesses the document for the purpose of usage and not for the ownership thereof.
It is not difficult to find answers to these questions, because only fellow human beings can threaten national security both from within the frontiers of a state and from beyond them. Hence one of the salient responsibilities and rights of a state is to admit and expel foreign nationals and to confer nationality. These interests of atomistic nation-states do not augur well for migrants, because the state is more interested in protecting itself from migrants than in protecting migrants and refugees from human rights abuses and ensuring that their vulnerability is not exploited. Statutes on migration largely indicate that migrants and refugees are a problem and that they need to be controlled and preferably repatriated.10
The stigma attached to being a migrant flow from the interests of the atomistic nation-state and in particular from the actions of the states in promulgating legislation that tends to cast aspersions on and impugn the status of migrants. These statutes are offensive in both their content and their titles. They include inter alia the following: citizenship acts, refugee acts, immigration acts and aliens control acts.11
2.1 Migrants in the domestic labour markets of host states
Migrants face many hardships and find it very difficult to find employment in their host states, as there are many laws that discriminate against them, contrary to what the International Labour Organisation (ILO), the African Charter and the SADC Draft Protocol on the Facilitation of the Movement of Persons envisage. These laws are prima facie discriminatory, as they discriminate based on nationality, which is one of the forbidden grounds of discrimination according to Article 2 of the Charter.12 Migrants are often exploited and used as cheap labour in the domestic labour markets of host states.
The ILO, to which Southern African Development Community (SADC) member states are party, is the only tripartite United Nations agency with government, employer, and worker representatives. This tripartite structure makes the ILO a unique forum in which the governments and the social partners of the economy of its 183 Member States can freely and openly debate and elaborate labour standards and policies. The ILO is the only United Nations agency with a constitutional mandate to protect migrant workers, which mandate was reaffirmed by the 1944 Declaration of Philadelphia and the 1998 ILO Declaration on Fundamental Principles and Rights at Work.13 The ILO has been dealing with labour migration issues since its inception in 1919. It has pioneered international conventions to guide migration policy and the protection of migrant workers. The central theme of the work of the ILO is that of "decent work for all" as it adopts a rights-based approach to labour migration and promotes the tripartite participation of governments, employers and workers in migration policy.14
In this regard, Juan Somavia articulated the rationale of the obiectives of the ILO by contending that "migrant workers are an asset to every country where they bring their labour. Let us give them the dignity they deserve as human beings and the respect they deserve as workers".15
The mobility of the migrant workforce takes place for many different reasons, as some seek higher wages and better opportunities, but many others are forced to migrate because of famine, natural disasters, violent conflict, persecution or simply a lack of decent work in their home countries. At the same time, in maior destination countries the increased demand for skilled workers, the reluctance by local workers to accept certain low-skilled iobs, population decline and population ageing act as strong drivers. International migrants today are a very mixed group, including seasonal workers, temporary contract workers, skilled migrant workers, students, asylum seekers and refugees, workers with irregular status, and the victims of trafficking and forced labour.16
In South Africa the Constitution,17 the Immigration Act18 and the Refugee Act19 are instructive instruments regarding migration in general and migrant labour in particular. Whereas the South African Constitution20 guarantees everyone the right to equal treatment and protection of the law,21 regardless of nationality, origin and other criteria enunciated in the listed grounds, in practice and to a large extent migrants are marginalised in reaction to what are perceived to be national interests. This fact manifests itself for instance in the strict and stringent nature of the criteria for the employment of migrant workers, including the process to be followed to receive work permits.
In order to work legally in South Africa, migrants are required to have valid work permits which are issued by the Department of Home Affairs.22 The issuance of such permits is a long, tedious and bureaucratic process. For instance, a general work permit may be issued by the Department to a foreigner if the prospective employer satisfies the Department in the manner prescribed that despite diligent search, he or she has been unable to employ a person in the Republic with qualifications equivalent to those of the applicant. The prospective employer is also enioined to produce certification from a chartered accountant to the effect that the terms and conditions under which he or she intends to employ such a foreigner, including the salary and benefits, are not inferior to those prevailing in the relevant market segment for citizens and residents, taking into account applicable collective bargaining agreements and other applicable standards, as recorded by the Department of Labour.23
In practice this means that the migrant must get an offer of employment from a prospective employer, who has to provide a motivation for employing a foreign national. In other words, the South African law allows the employment of foreign nationals only where there is a skills shortage or where nationals are unwilling to take up such employment. This is manifestly unfair discrimination on the grounds of nationality and origin, which is in violation of the domestic legal framework, the trend towards regional integration, and the obiective of globalisation. This prima facie discriminatory law, as it is in theory, may be iustifiable in terms of section 39 of the Constitution. However, it will be hard to conceive of the iustification, given the fact that the discrimination falls on one or more of the listed grounds. The test for unfair discrimination was formulated in Harksen v Lane.24 According to the two pronged test, there is a presumption of unfair discrimination once it is established that the grounds of justification fall within the listed grounds.25 This then shifts the onus of proof onto the party who alleges that there is no such unfair discrimination or that the discrimination is justified in terms of the limitation clause.26
The procedure involved in securing a work permit and the time it takes leave much to be desired. The whole process takes at least five to twelve months, or even more. This frustrates the migrant job seeker and the prospective employer. It further discourages employers from employing migrant workers, which in turn leads to the illegal employment of migrants without work permits. Because of the stringent procedures involved in applying for work permits, employers have resorted to employing job-seeking migrants who already have existing work permits rather than those who do not have work permits. The challenge is that the job seekers cannot get work permits unless and until the prospective employer is willing to make the offer of employment, is willing to satisfy the tedious legal requirements, and is willing to wait for long periods of time for the permit to be issued.
Moreover, the general work permit is specific about the kind of work that may be done and the employer for whom it may be done. In order for migrants to change employment, they have to make a similar application to the Department of Home Affairs for a change of the conditions of employment and this process takes the same period of time as a new application for a work permit. The lack of flexibility within the labour market exacerbates the plight of migrant workers and has exposed them to exploitative working conditions and abuse, including low income. The work permit is limiting as it ties the employee to a specific employer and does not allow for flexibility of employment. However the work permit for special skills allows the holder better flexibility and greater chances of permanent employment and career development and advancement. This is because the permit is not employer-specific and therefore does not tie the migrant worker to a particular employer.
One can safely surmise that the current state of affairs is a betrayal of the pre-democratic South African mantra contained in the Freedom Charter, that South Africa belongs to all who live in it! 27
At independence, Botswana's economy was based largely on agriculture and migrant labour, and it was among the poorest countries in the world. The reason for the over-reliance on migrant labour was that the Botswana population at that time was largely illiterate and without the necessary skills to develop and drive the economy. The then government devised a lucrative recruitment and retention policy that saw the expatriate labour earning more than the local labour due to the need for expatriate skills.28 In recent years Botswana has become less generous with the recruitment of migrant labour due to the fact that the investment that the country made in educating its people is bearing fruit and the demand for expatriate skills has declined.
The Control of Employment of Non-Citizens Act of Botswana29 like its South African equivalent, similarly requires migrant workers to have a work permit before they can assume employment. It determines that no non-citizen shall engage in any occupation for reward or profit unless he is the holder of a work permit issued to him under the Act, permitting him to be so employed. Alternatively such a person should be the holder of a certificate of exemption issued to him under the Act. It further requires that no person shall employ a non-citizen unless the non-citizen is the holder of a work permit issued to him under the Act, permitting him to be employed, and is employed in accordance with the terms thereof, unless the non-citizen is the holder of a certificate of exemption issued to him under the Act.30
The nation-states have focused so much of their interest on protecting the market that they at times have failed to realise the positive spin-offs from migrant labour. In destination countries, migration has rejuvenated populations and workforces, contributed to job creation, rendered traditional sectors such as agriculture and services economically viable, fostered entrepreneurship, supported social security and welfare schemes, satisfied the demand for skills in emerging high-tech industries, and promoted urban renewal. Evidence to this effect debunks a number of popular myths, for instance that migrant workers displace local workers, increase the crime rate and exploit public welfare systems. Nonetheless, many migrant workers do not enjoy decent work, but instead suffer from low wages, unsafe working environments, the non-payment of wages, a virtual absence of social protection, the denial of freedom of association and workers' rights, discrimination and xenophobia.31
Migrant workers tend to be concentrated in economic sectors that are less attractive to native workers: agriculture, construction, labour-intensive manufacturing and services, including domestic work, hotel work and tourism. These sectors include some of the most vulnerable migrant workers: women domestic workers, construction workers, workers with irregular status, and trafficked persons. They are more likely to be over-qualified for their work and they experience considerable job insecurity and less advantageous working conditions. Overall, temporary migrant workers, women and young migrants are particularly vulnerable. And in times of recession, the main adjustment burden often falls on migrant populations.32
A key message is that sound migration policy and law should mean much more than fighting irregular migration and tightening border controls. It means identifying long-term interests and labour market needs, anchoring policies in basic human rights and finding effective mechanisms for broad social consensus. Policies should be based on the recognition of mutual benefits to both origin and destination countries.
The focus of migration policies and laws within the nation-states across the world is nationalistic and is premised on enforcement, control and exclusion as illustrated above with examples from Botswana and South Africa. This approach is repugnant to the exigent objectives of regionalism and globalisation as it hinders the objective of the free movement of people within the regions and the global hinterland at large, as will be demonstrated below.
3 The imperatives of regionalism
Contrary to the interests of the nation-states as enunciated above are the realities and imperatives of regionalism and globalisation. Regionalism or regional cooperation, harmonisation and integration are terms that generally refer to a grouping of states sharing a common bond of policy, economic or political, and driven by a common primary objective. Regionalism can significantly augment the process of replacing nationalism and intolerance with political dialogue and tolerance in the region.33
It may also refer to the tendency towards or practice of regional systems or methods. Regional cooperation forms part of international law; hence the latter governs and regulates the conduct of the former. International Law is essentially made up of treaties, reflecting the express agreement of states, and custom, which comprises those rules of international conduct to which states have given their tacit consent.34
States, as actors and subjects of international law within the broader global hinterland, engage in international intercourse by entering into various treaties and instruments aimed at achieving different objectives. The most common objectives are the attainment and maintenance of peace and security, socio-economic development and political development. The most common and conspicuous treaties and conventions are the following: the Charter of the United Nations of 1945, the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966.
On the African continent and pertinent to this research, the following treaties are instructive in this regard: the African Charter on Human and People's Rights, the Charter of the Organization of African Unity of 1963, the Constitutive Act of the African Union, and the Southern African Development Community Treaty. These instruments echo the common sentiment that regardless of where they are and their circumstances notwithstanding, all human beings are inviolable35 and have inalienable36 rights, including the right to dignity and the integrity of the person and their families.
In the same vein, Article 3 of the Constitutive Act of the ALU37 provides that the objectives of the AU are inter alia the following:
• to accelerate the political and socio-economic integration of the continent and its people;
• to promote and defend African common positions on issues of interest to the continent and its people;
• to promote sustainable development at the economic, social and cultural levels as well as the integration of African economies;
• to promote cooperation in all fields of human activity to raise the living standards of African people; and
• to coordinate and harmonise policies between existing and future Regional Economic Communities for the gradual attainment of the objectives of the Union.
Article 5(1) of the SADC Treaty of 1992 states some of the objectives of the SADC which are pertinent to this research as follows:
• to promote sustainable and equitable economic growth and socio-economic development that will ensure poverty alleviation with the ultimate objective of its eradication, to enhance the standard and quality of life of the people of Southern Africa and to support the socially disadvantaged through regional integration; and
• to promote self-sustaining development on the basis of collective self-reliance, and the interdependence of member states.
Article 5(2) provides that in order to achieve the objectives set out in sub-article (1) of the Treaty, the SADC shall:
• harmonise the political and socio-economic policies and plans of member states;
• encourage the peoples of the region and their institutions to take initiatives to develop economic, social and cultural ties across the region, and to participate fully in the implementation of programmes and operations of the SADC; and
• develop policies aimed at the progressive elimination of obstacles to the free movement of capital and labour, goods and services, and of the peoples of the region generally, among member states.
The Draft SADC Protocol on the Facilitation of the Movement of Persons38 main objective is to develop policies aimed at the progressive elimination of obstacles to the movement of persons of the region generally into and within the territories of state parties.39 Its specific objectives in relation to every citizen of a state party are to facilitate the following:
• Entry, for a lawful purpose and without a visa, into the territory of another State Party for a maximum period of ninety (90) days per year for bona fide visit and in accordance with the laws of the State Party concerned;
• Permanent and temporary residence in the territory of another State Party; and
• Establishment of oneself and working in the territory of another State Party.40
The above legal framework in a nutshell establishes an obligation and enjoins the member states to integrate, as regional integration is the common goal that runs across all the instruments constituting the legal framework. The bedrock of this integration is the movement of people across borders or migration.41 Despite the excellent theoretical integration espoused in the international and regional legal framework, as shown above, migration in practical terms remains a nightmare. It is instructive at this juncture to point out that within the sub-region there is an evident eagerness and impetus to fast-track the free movement of goods and services, whereas the same cannot be said about and is not the case with the movement of people.42 The stress placed in practice on the perceived narrow interests of individual nation-states is an effective barrier to the realisation of the ideals expressed in the instruments referred to above.
For instance, the objective of the SADC pertinent to this research is to promote self-sustaining development on the basis of collective self-reliance and the interdependence of member states, and to develop policies aimed at the progressive elimination of obstacles to the free movement of capital and labour, goods and services, and of the peoples of the region generally, among member states.43
4 The paradox of nationalism and regionalism
Whereas there is a plethora of legislation both regionally and internationally crystallising the ostensible common goal of regional integration especially in the area of the movement of people, the interests of the nation-states prove to be at variance with this objective. The interests of the nation-states, more often than not, tend to militate against the free movement of people as envisioned by the African Union (AU), the New Partnership for Africa's Development (NEPAD)44 and the Southern African Development Community (SADC). This paradox is largely due to the reluctance of the African states in casu to embrace and incorporate international instruments into their domestic and municipal legislation and policy. This is a typical case of the flourishing of nationalist tendencies among the nation-states as opposed to global frames of thought.
The nationalist mentality which the nation-state are inclined to creates problems for migrants because of the stigma that attaches to the migrant label. For instance, in Southern Africa, with the exception of South Africa, by legislation, refugees are required to stay in confined and designated areas. In Botswana, for example, refugees and asylum seekers are confined to what is called a refugee camp in a village called Dukwi. This is the only village where refugees are housed and they are required to get permits in order for them to leave the camp either to find employment or to visit nearby dwelling places or towns. This segregates them from the rest of the social structure within the host state. They are deprived of interaction and integration into the local communities.
This further exacerbates the psycho-social impact of migration.45 The implications of this segregation and the message to be understood from such practice are that migrants and nationals are different people, with migrants occupying a lower, subsidiary position within the social structure. They are "undesirables". This then fuels xenophobic tendencies among the nationals of host states because once migrants are severed from the rest of the social structure they become more conspicuous and visible. They then become easy targets for victimisation, abuse and other forms of xenophobia. They are victimised in different ways, especially at ports of entries and in immigration departments, when they seek to renew their documents and legalise their presence in host states. They are also susceptible to abuse by prospective employers, as said earlier, as they are generally desperate for employment.
An empirical example is that of the border post in Ramatlabama in the North West Province, where the writer performed an inspection in loco. There are separate queues for "South African passport holders" and "foreign passport holders". This is common to both the South African and the Botswana border posts. At OR Tambo International Airport the same separation of the queues is the order of the day. The same goes for Sir Seretse Khama International Airport in Botswana. The service offered to citizen passports holders is normally friendly and quick, whereas the foreign passport holders queue is often slow and the service unfriendly. There are no justifiable and compelling grounds for this differentiation, and the authorities in charge could not provide any when the author questioned them on this matter. Therefore it is safe to say that there is no justifiable government and administrative purpose for this separation of the queues other than to confirm the stigma and suspicion visited upon foreign nationals.
Because migrants are labelled as "undesirables", most of the social ills and challenges that bedevil the society such as unemployment, criminality and the shortage of resources are sometimes unduly blamed on these "undesirables". The xenophobic hostility in South Africa is instructive in this regard. Contrary to the much anticipated reciprocation of the warm reception by South Africans of migrants from the African region, the reception of fellow Africans is so hostile that in May 2008 62 non-citizens of South Africa were horribly killed in what was believed to be attacks motivated by xenophobia. However, it is noteworthy that 21 of the people who lost their lives were citizens of South Africa. This news was not well received by the
South African authorities, because at that juncture South Africa was enjoying international attention to her nouveau democracy. This was the last thing that South Africa needed, as it would be damaging to her moral high ground gained through the reconciliation processes that followed the advent of democracy.
Diplomatic responses to the catastrophe did not help much, as the attacks had incontrovertibly taken place, as had the destruction of the country's reputation. One of the arguments advanced in denying that the attacks were xenophobic was that if indeed these were xenophobic attacks, then more white people would have been killed, as xenophobia constitutes itself in the hatred of those that are different.46
The argument was that most conspicuously different people would have been the white population in South Africa, since these attacks were carried out by black South Africans.47 Any amount of justification or diplomacy on this subject is inconsequential, because black South Africans said in their own words in various interviews on the world media that they wanted Africans from neighbouring countries to leave their country as they were taking both their employment and their business opportunities. Again, within the SADC, the influx of Zimbabwean nationals, especially illegal immigrants, into neighbouring countries of the sub-region48 creates and presents serious challenges to the rest of the Southern African neighbourhood.
The statistics of immigrants to South Africa and Botswana remain speculative, as is the case with most parts of the world, due to the irregular nature of immigration. It is extremely difficult to mobilise accurate data on the statistics as the data, more often than not, only cover cases of legal and illegal immigrants who have been apprehended and deported. It is always deficient in the case of illegal immigrants who are never apprehended. The statistics are therefore biased in this regard. Immigrants are classified as illegal due to their having entered at ungazetted places. This is generally known as border-jumping. In other instances, they are classified as such because they are in a foreign state without valid travel and identification documents, or because they were legal immigrants and have over-stayed their leave and have not sought permission to extend their permits.
However, the foregoing notwithstanding, the available statistics suggest that in there are about 5 million illegal immigrants in total in South Africa. The number is said to be made up of migrants from Zimbabwe, Mozambique, Somalia and the Democratic Republic of the Congo, to mention but a few Southern African origins of the migration. The Zimbabwean population of illegal immigrants in South Africa is estimated to be about 3 million.49 There are no official and reliable statistics of illegal immigrants in Botswana except for the fact that the number of repatriations from the country per day stands at 2500.50
The Southern African governments have not done enough to deal with the real problem. They have resorted to dealing with the symptoms of the disease rather than with the disease itself. They spend millions from the tax payer's revenue in reconstructing their border fences and electrifying them and employing more immigration personnel in trying to ward off their neighbours. The fundamental question that then follows naturally is if these secure and strong fences make good neighbourhoods or neighbourliness as envisioned by the African regional integration agenda.
5 Concluding remarks
In order to reconcile the rather paradoxical objectives of the nation-states and those of regional integration and globalisation with regard to migration and refugee laws and policies, nation-states have to adopt a rights based approach to migration and refugee laws and policies. This will mean that domestic laws and policies should embrace the universality of human rights protection regardless of nationality, creed or the status of the person. This will entail a review of the national domestic legislations and the expeditious incorporation and domestication of international instruments into national laws and policy.
Migrants such as refugees should be integrated into the national communities of their host states in order to do away with the misunderstandings and misperceptions that lead to xenophobic tendencies. This would create an open atmosphere for dialogue between the locals and the migrants, and the process would give both parties a better understanding of one another's milieu.
The nation-states should open better communication between the government bureaucracy and the nationals in order to obviate the perception that migrants take the work of the local communities. Education on the skills transfer from migrants to the local people has to be undertaken in order for the local people to realise and understand the benefits of expatriate labour.
Comprehensive approaches to irregular migration, beyond treating it as a law-and-order issue, are needed to address its root causes, to protect the basic human rights of workers with irregular status in line with international norms, and to consider regularisation options, as appropriate. There is still a largely unfinished agenda before the international community in terms of making migration work, and providing a fair deal to migrant workers. In the long run, the goal should be migration in conditions of freedom, dignity, equity and security, consistent with the concept of decent work initially advanced by the ILO, which is now a common vision of the international community.51
Because the misperceptions which lead to stigmatization and victimization of migrants primarily stem from political exchanges, politicians have a greater role to play than others in realising the ideals of open dialogue and tolerance. Only when the nationals of host states understand the plight of migrants will they be able to they compassion and understanding for their fellow human beings, and interact and co-exist side by side with them. Once domestic laws and policies are in harmony with international law, the central question of this contribution will automatically fall away, as there will be synergy in legislation and policy at national level and on an international plane.
Bridge JW "The Relationship between International Law and the Law of South Africa" 1971 ICLQ 746-749 [ Links ]
Campbell KE Reflections on Illegal Immigration in Botswana and South Africa (University of Botswana Gaborone 2007) [ Links ]
Coleman DY Report of Countrywatch Review (CountryWatch Houston, TX 2011) [ Links ]
Dugard J International Law - A South African Perspective 3rd ed (Juta Cape Town 2005) [ Links ]
Gumede WM Thabo Mbeki and the Battle for the Soul of the ANC (Zebra Cape Town 2005) [ Links ]
Hornby AS and Turnbull J Oxford Advanced Learner's Dictionary of Current English 8th ed (Oxford University Press Oxford 2011) [ Links ]
International Labour Office International Labour Migration: A Rights-based Approach (International Labour Office Geneva 2010) [ Links ]
Olivier L Immigration and the Refugee Legislation in Southern Africa: Protecting the State or Protecting Migrants? (Open Society Initiative for Southern Africa Rosebank Date Unknown) [ Links ]
Schaffer RP "The Inter-relationship between Public International Law and the Law of South Africa: An Overview" 1983 ICLQ 277-315 [ Links ]
Register of cases
Harksen v Lane 1998 1 SA 300 (CC)
Register of legislation
Aliens Control Act, 1966 (Lesotho)
Constitution of the Republic of South Africa, 1996 (South Africa)
Control of Employment of Non-Citizens Act 11 of 198
1 Immigration Act, 1966 (Botswana) Immigration Act 13 of 2002 (South Africa)
Immigration and Deportation Act, 1967 (Namibia)
Refugee Act 130 of 1998 (South Africa)
Refugee Control Act, 1976 (Zambia)
Refugees Control Act, 1978 (Namibia)
Register of international legal instruments
African Charter on Human and Peopees Rights (1981)
Charter of the Organisation of African Unity (1963)
Charter of the United Nations (1945)
Constitution of the International Labour Organisation (1919)
Constitutive Act of the African Union (2000)
Declaration of Philadelphia (1944)
Declaration on Fundamental Principles and Rights at Work (1998)
Freedom Charter of the African National Congress (1955)
International Covenant on Civil and Political Rights (1966)
International Covenant on Economic, Social and Cultural Rights (1966)
SADC Protocol on the Facilitation of Movement of Persons (2005)
Southern African Customs Union Agreement (2004)
Treaty of the Southern African Development Community (1993)
Universal Declaration of Human Rights (1948)
Register of internet sources
Crush J (ed) Date Unknown Immigration, Xenophobia and Human Rights in South Africa - Migration Policy Series No 22 http://bit.ly/14eXwl6 [date of use 20 Jan 2012] [ Links ]
Feil M, Klein D and Westerkamp M 2009 Regional Cooperation on Environment, Economy and Natural Resource Management Cluster Synthesis Reporthttp://bit.ly/11x3rS0 [date of use 14 Jan 2012] [ Links ]
International Labour Organisation Date unknown International Migration Programme http://bit.ly/ZWwQ3c [date of use 13 Mar 2012] [ Links ]
International Labour Organisation Date unknown Structure http://bit.ly/1037XBp [date of use 13 Mar 2012] [ Links ]
Migration Policy Institute 2008 South Africa http://bit.ly/14eXNUY [date of use 18 Jan 2012] [ Links ]
New Partnership for Africa's Development 2001 NEPAD Framework Document http://bit.ly/14eWKUZ [date of use 13 Mar 2012] [ Links ]
Southern African Development Community 1998 Draft Protocol on the Facilitation of Movement of Persons http://bit.ly/X3epgq [date of use 20 Apr 2012] [ Links ]
List of abbreviations
AU African Union
ICLQ International and Comparative Law Quarterly
ILO International Labour Organisation
MPI Migration Policy Institute
NEPAD New Partnership for Africa's Development
SADC Southern African Development Community
1 The Act was adopted in Lome, Togo, 11 July 2000 and entered into force on 26 May 2001.
2 The Charter was adopted on the 27th of June 1981 and entered into force on 21 October 1986.
3 Treaty of the Southern African Development Community (1993).
4 As it was then known. It is now currently known as the African Union, after the adoption of the New Constttutive Act of the African Union adopted in Lome, Togo, 11 July 2000, which entered into force on 26 May 2001.
5 Article 1 African Charter on Human and Peoples Rights (1981).
6 Article 2 African Charter on Human and Peoples Rights (1981).
7 Gumede Thabo Mbeki 258-260.
8 The following treaties are pertinent to the African continent: the African Charter on Human and Peoples Rights (1981), the Charter of the Organisation of African Unity (1963), the Constitutive Act of the African Union (2000), and the Treaty of the Southern African Development Community (1993).
9 These include Citizenship Acts, Refugee Acts, Immigration Acts and Aliens Acts.
10 Olivier Immigration and the Refugee Legislation 7-8.
11 There is a plethora of these statutes in Southern Africa: Lesotho's Aliens Control Act, 1966; Namibia's Refugees Control Act, 1978; Zambia's Refugee Control Act, 1976; as well as the Immigration and Deportation Act, 1967 as amended in 1994.
12 Article 2 African Charter on Human and Peoples Rights (1981).
13 These declarations are annexures to the Constitution of the International Labour Organisation (1919).
14 ILO Date unknown http://bit.ly/1037XBp.
15 Juan Somavia is the Director General of the International Labour Organisation (ILO Date unknown http://bit.ly/ZWwQ3c).
16 ILO Date unknown http://bit.ly/ZWwQ3c.
17 Constttution of the Republic of South Africa, 1996 ("the Constitution").
18 Immigration Act 13 of 2002.
19 Refugee Act 130 of 1998.
20 Constttution of the Repubicc of South Africa, 1996.
21 Section 9 of the Constitution.
22 Section 19 Immigration Act 13 of 2002.
23 Section 19(2)(a) and (b) Immigration Act 13 of 2002.
24 Harksen v Lane 1998 1 SA 300 (CC).
25 These grounds are encapsulated under s 9(3) of the Constitution and they include and are not limited to the following; race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
26 Section 39 of the Constitution.
27 The Freedom Charter was adopted at the Congress of the People at Kliptown, Johannesburg, on 25th and 26th June, 1955. The notion of a Charter was first mooted at the annual Congress of the African National Congress in August 1953. Prof. Zacharia Keodirelang Mathews formally suggested convening a Congress of the People (COP) to draw up the Freedom Charter. The idea was adopted by the allies of the ANC, the South African Indian Congress, the South African Coloured People's Organisation and the South African Congress of Democrats.
28 Coleman Report of Countrywatch Review.
29 Chapter 47:02 Control of Employment of Non-Citizens Act 11 of 1981.
30 Sections 4(1) and (2) Control of Employment ofNon-Citizens Act 11 of 1981.
31 International Labour Office International Labour Migration.
32 International Labour Office International Labour Migration.
33 Feil, Klein and Westerkamp 2009 http://bit.ly/11x3rS0.
34 Dugard International Law 51. See also Schaffer 1983 ICLQ 277; Bridge 1971 ICLQ 746.
35 Article 4 African Charter on Human and Peoples Rights (1981).
36 See the Universal Declaration of Human Rights (1948).
37 See Article 3 of the Constitutive Act of the African Union (2000) for a catalogue of the objectives of the African Union.
38 SADC 1998 http://bit.ly/X3epgq.
39 Article 2 of the Draft Protocol (SADC 1998 http://bit.ly/X3epgq).
40 Article 3 of the Draft Protocol (SADC 1998 http://bit.ly/X3epgq).
41 See a 5(2)(d) Treaty of the Southern African Development Community (1993), and the SADC Protocol on the Facilitation of Movement of Persons (2005).
42 There is a plethora of legal instruments within the broader sub-regional legal frame work on the free movement of goods and services including and not limited to the following: the Constitutive Act of the African Union (2000), the Treaty of the Southern African Development Community (1993), and the Southern African Customs Union Agreement (2004).
43 Article 5 Treaty of the Southern African Development Community (1993).
44 The New Partnership for Africa's Development (NEPAD) framework document, adopted in October 2001 in Abuja, Nigeria (NEPAD 2001 http://bit.ly/14eWKUZ).
45 Botswana's Immigration Act, 1966 allows unrestricted entry for nationals from most countries in the region.
46 Hornby and Turnbull Oxford Advanced Learner's Dictionary defines xenophobia as an intense fear or dislike of foreign people, their customs and culture, or foreign things - a deep dislike of foreigners.
47 Crush Date Unknown http://bit.ly/14eXwl6.
48 The countries that are recipients of most Zimbabwean immigrants in the SADC region are Botswana, South Africa and Namibia. Zambia is another recipient, albeit not in the same volumes that the other countries receive. This is because these countries are politically more stable and economically vibrant and are therefore seen as providing better opportunities for employment and safety.
49 Official statistics of undocumented immigrants provided by the South African Police Service suggest that in 1995 there were between 5.5 million and 8 million illegal immigrants in South Africa. In the same year the Ministry of Home Affairs estimated that there may have been approximately 4 million undocumented immigrants in the country. These statistics are available on the web at MPI 2008 http://bit.ly/14eXNUY.
50 Campbell Reflections on Illegal Immigration.
51 International Labour Office International Labour Migration ch 7.


text:
Curious who's going to be advertising during the big game this year? After a bit of research (well, a lot really), we've got a starter list of advertisers you can expect to see trying to "wow" us with their spots during the Super Bowl on Feb 1st, 2004 on CBS.
Read more to get the gossip.
Anheuser Busch- Five minutes of ads total split between Budweiser and Bud Light. Eight are :30s (3 in Q1, 2 each in the other quarters) and one :60. Agencies you'll see work from include Goodby Silverstein & Partners in San Francisco (word is the ad shows a donkey who gets his wish to become a member of Bud's Clydesdale team), DDB Chicago, DDB Toronto, Fusion Idea Lab in Chicago, HHCC in Boston, Modernista in Boston, Del Rivero Messianu DDB in Miami, Dieste Harmel & Partners in Dallas, and Ornelas & Associates in Dallas. It breaks down to one spot from each agency.
American Legacy Foundation- One :30 spot during the game and one :60 spot during MTV's pre-game show. Not sure which agency is doing which spots but it's going to be Arnold Worldwide (most likely a "Connect-Truth" spot) and Crispin Porter & Bogusky, Miami.
White House Office of National Drug Control Policy- One :30 spot by Ogilvy&Mather, NY. One :30 post-game spot by FCB NY/Partnership for a Drug Free America.
Viacom/Henry J. Kaiser Family Foundation- No news on the length or the agency as of yet. The "Know HIV/AIDS" spot will air during the pre-game.
Phillip Morris USA- One :30 spot done by Leo Burnett USA, Chicago discussing corporate responsibility.
NFL/United Way- One :30 done by Y&R, NY and another :30 spot about volunteerism done in-house.
Prescription Drugs:
Levitra- Bayer and GlaxoSmithKline will air one :30 spot done for them by the Quantum Group, Parsippany, NJ.
Viagra- Pfizer will run one :30 spot by Cline David & Mann, New York.
Cialias- Eli Lilly will air one :30 spot done by Grey Global Group's Healthy Grey Village.
Dot coms:
AOL- Three :30s promoting their new Top Speed done by Wieden + Kennedy, Portland, OR.
Monster Worldwide- Two :30s by Deutsch, NY following their current "Today's the Day" theme, with images of people getting ready to start their day, on the day they get hired. Also will use a new design of Trump, the monster, by John Kricfalusi of Ren & Stimpy fame.
Expedia.com- One :30 spot by Deutsche, LA.
Pepsi Co- Three and a half minutes total with one :60 in Q1, 120 seconds total in Q2, and one :30 in Q3 by BBDO Worldwide, NY. The spots will be focused on Pepsi, Sierra Mist, and a promotion with iTunes.
Frito-Lay- One :30 spot by BBDO Worldwide, NY focusing on a new chip product.
Charmin- Procter & Gamble Co will have one :30 spot by Publicis Worldwide, NY. They will use the line "Softer on your end zone" and highlight their bear icon as he plays football and is distracted when toilet paper is where the towel should be for the snapper.
Gillette- BBDO, NY has done one :60 brand spot for razors.
IBM- One :30 spot in Q2 by Ogilvy&Mather. New Joe Pitka spot for Linux Prodigy software campaign featuring Mohammad Ali.
Pizza Hut: One :30 spot by BBDO Worldwide, NY to air pre-game promoting their new 4inOne pizza.
FedEx- One :30 spot by BBDO Worldwide, NY focusing on service.
Subway- One :60 spot to air post-game between the end of the game and the trophy ceremony by Fallon, Minneapolis. The spot supposedly makes fun of their own recent ads with men dressed up as cheerleaders after eating at Subway.
Staples- One :30 spot following the "That was easy" campaigns, done by Martin/Williams Advertising, starring Joe Viterelli.
Reebok- No more info at this time. Although they are also the exclusive apparel vendor for the NFL.
H&R Block- One :30 spot by Campbell Mithun, Minneapolis where a celebrity does their taxes. Five :30s all together, most pre-game, as well as sponsorship of a 30 minute segment in a pregame program.
Visa USA- One :30 spot by BBDO Worldwide, NY which will be a branding spot for the credit card.
Nextel- One post-game ad.
MasterCard- One :30 spot in Q4 following their "Priceless" campaign done by McCann-Erickson, NY.
Wachovia Securities- Five :30 spots of their "Uncommon Wisdom" campaign to air pre-game by Mullen, Winston-Salem, NC, as well as sponsoring a pre-game show.
Dodge- Daimler Chrysler will have one :30 spot by BBDO, Troy, Michigan.
General Motors- One :60 spot for Cadillac by Chemistri, Troy, Michigan which is apparently set to Led Zeppelin music.
One :30 in Q1 and another in Q2 for their "An American Revolution" branding effort by Campbell-Elwald, Warren, Michigan for Chevrolet. Plus, one :60 for GMC by Lowe, NY, one :30 for Saturn during the pre-game by Goodby, Silverstein & Partners, SF, and three :30 post-game spots for Cadillac by Chemistri, Troy, Michigan. Also, the MVP will get their choice of Cadillac model on the field.
Ford Motor Co.- One :30 during the game and a :60 pre-game spot for their GT sports car by J. Walter Thompson, Detriot.
Mitsubishi- One :30 spot in Q1 by Deutsch for Galant sedan following the campaign which broke Jan. 19th.
NFL- One :30 spot for the NFL Network done in-house.
Major League Baseball- One :30 spot to air during Survivor after the game by McCann-Erickson, NY, featuring Josh Beckett, Derek Jeter and Alex Rodriguez talking about the Super Bowl commercials for Bud and Pepsi while playing whiffle ball.
Movie Studios:
Sony Pictures- Two :30 spots done in-house.
Touchstone Pictures- One :30 spot done in-house.
Universal Studios- Two :30 spots done in-house.
Warner Bros.- Two :30 spots done in-house.
Buena Vista Pictures- One :30 spot done in-house for "The Alamo."
Walt Disney Pictures- No further info at this time.
Ford will sponsor the Super Bowl Kick-Off Show.
AOL will sponsor the Super Bowl Halftime Show.
PartyPoker.com will sponsor the Pay Per View Lingerie Half-time Bowl, which Chrysler pulled out of.
Monster.com will sponsor the Halftime Report.
Cadillac will sponsor the Post-Game Show.
Of course all of this is subject to change, but that's where it stands as of the date this was posted. There's also been talk of Apple airing a spot in homage of the "1984" ad in celebration of their 20 years, which would most likely be done by TBWA/Chiat/Day.
Know of something we missed? Add your gossip in the comments.
Parts in bold are newly added Jan 24th.
I read somewhere that CBS had turned the winner of Bush In 30 Sec-competition down.
Bush in 30 seconds winner turned down by Viacom - they had 'issues' with it. ;)
"the ad wars that typify the game could bring some relief to certain neglected wives and girlfriends--not to mention their husbands and boyfriends--as Cialis, the erectile dysfunction drug that just gained U.S. Federal Drug Administration approval in November, will air ads on Sunday's big game."
A funny perspective from Forbes.com about the fact that the drug-dealers deluxe (the guys not standing in the aisle) is going into sports. A pretty good article at Brand Channel about the medical elephants and the sports.

subset: commoncrawl


text:
Red Gill Evolution Sand Eel Lures - Dark Pink Fizz
Red Gill Evolution Sand Eel Lures - Dark Pink Fizz
Available in 1 size:
Available in 1 size:
178mm / 7" length, 17 Grams.
3 lures per pack.
Includes 3 size 5/0 Mustad 32786 hooks.
Features include a special new but tough plastic compound that not only gives the lure its unique fish catching action but also prevents the lure from falling apart after only a couple of captures, prolonging the lures life. The extra strong super sharp internally weighted hook not only increases the lures fish catching action but allows the lure to be worked closer to the sea bed with less chance of snagging up.


text:
Inconspicuous Medium-Angle Miniature PIR
Spy 2 is the world's smallest detector offering inconspicuous protection for rooms, wide corridors and passageways as well as control of security, CCTV and other systems. It can be flush-mounted in a wall or installed from behind the wall, providing a coverage of three double beams in a single detection layer, with a maximum coverage area of 8m/50deg. (25ft/50deg.).
Despite its miniature size, the Spy 2 detector achieves full-size performance by implementing state-of-the-art detection technologies. Backed by 30 years of Visonic expertise, Spy 2 offers industry-leading sensitivity and reliability levels while virtually eliminating false alarms.
Designed for ease of use, Spy 2 is easily installed in any home, office or other commercial environment. It is installed so only the miniature lens is visible - rendering the detector virtually unnoticeable.
Spy 2 Features:
- Virtually unnoticeable after mounting.
- Ideal for security, CCTV and control applications.
- Can be installed in the wall or from behind the wall.
- Tiny size: Diameter: 19 mm (0.75 in) Length: 70 mm (2.75 in).
- Range: 8m/50deg. (25ft/50deg.).
- Three double beams in a single detection layer.
- Exceptionally high reliability and false alarm immunity.
- RF protection up to 1000 MHz.
- 10-14 VDC power supply.
- Fast and easy installation (collar, front/rear mounting plate).
Additional Info
Additional Info
|Part Number
|What's in the box
|(1) Visonic SPY 2 Miniture Medium Angle PIR Detector 20ft x 25ft


text:
Bird Flu Debate Continues
A series of articles published in open access journal mBio underscores the variety in opinion on whether a transmissible H5N1 strain should be studied.
Mar 8, 2012
Hannah Waters
On March 6, four papers were published in the open access journal mBio offering a range of perspectives on whether the strains of H5N1 bird flu that are transmissible in ferrets should be published and studied.
The strains have been the focus of debate since September, when word of the transmissible viruses first emerged. In December, the National Science Advisory Board for Biosecurity (NSABB) recommended that certain parts of the research, slated to be published in Nature and Science, be redacted—and 3 dozen researchers agreed. But after the World Health Organization (WHO) recommended that the research should be published in full last month, the NSABB decided to give it a second look, reopening debate.
Here's a glance at the four papers, underscoring the diversity of views on the topic:
- "[W]e urge that great consideration be given to protecting the influenza research enterprise, since increased knowledge is critical for the defense against future pandemics," argues a summary editorial. The two main issues the authors identify are case fatality rate, which lies "at the heart of the controversies," the article says, and biocontainment rules, because although limiting such research to high-security labs means better safety, it also could "make society potentially more vulnerable, since critical experimental work will not get done simply because BSL4 facilities are few in number."
- In a commentary, microbiologist Adolfo García-Sastre of the Mount Sinai School of Medicine agrees that the virus should be studied in a Biosafety Level 3 (BSL-3) lab, without the need to upgrade to BSL-4 as some researchers have recommended. His argument, however, is not that the need to understand the virus outweighs safety issues; rather, BSL-4 laboratories are traditionally only used to study "dangerous pathogens for which neither therapeutics nor vaccines are available." And because H5N1 is both treatable by drugs and by vaccination, only a BSL-3 facility is required.
- The University of Michigan's Michael Imperiale, who serves on the NSABB, and Michael Hanna disagree. While the virus falls into a BSL-3 requirement in its current state, "making the H5N1 virus transmissible among mammals change[s] its biosafety profile," warranting the move to BSL-4 labs, they argue in a commentary However, they note that this isn't a permanent decision and the biosafety level could always be ratcheted down—as occurred with recombinant DNA research, which, although it "is almost hard to believe today," was originally performed in BSL-4 labs.
- "It would be beneficial to err on the side of caution," argues Lisa Murillo of Los Alamos National Laboratory in a letter to the editors. Murillo argues that, although a recent meta-analysis found that the WHO's H5N1 fatality rate of 59 percent is an overestimate, it is better to be safe than sorry and not publish the results.
Stay tuned for our April issue, where more expert opinions on this controversial issue will be discussed.


text:
Back before the days of welfare, food stamps, and long-term disability insurance, people who were unable to support themselves financially sometimes had to live in these places. This article will explain what poor houses and poor farms were and how to …
All posts by Janet Meydam (2)
Online Record Access Isn't Always Forever: Here's How to Protect Your Research
These days, millions of people have family trees online, with facts and sources gathered from the many online databases that are available. But, be aware, some of these sources could just disappear. No warning, just gone – because online record collect…
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HullMeister's Posts
Apparently there existed a Boxing Day tradition for Nettleton shoemakers to mockingly 'beat the lapstone' at the house of any teetotaller.
The tradition is believed to have originated from an 18th Century story of a Nettleton resident named Thomas Stickler, a teetotaller of some 20 years, who got tipsy after a half pint of ale whilst visiting his shoemaker on Christmas Day.
When questioned by his wife, he apparently protested his innocence replying that he was not drunk but had simply "fallen over the lapstone".
So as a practical joke shoemakers are supposed to have taken to 'beating the lapstone' after every Christmas Day.
The second of two people accused of killing a Las Vegas man and then burning his remains has entered a plea agreement.
Deborah Smith, who is also known as Deborah Payne, pleaded guilty Tuesday to second-degree murder and robbery in connection with the June 1998 death of Jack "Rusty" Gornik.
Smith could receive life in prison on the murder charge and a 15-year prison sentence on the robbery charge, Deputy District Attorney L.J. O'Neal said.
She is scheduled to be sentenced May 17 by District Judge Sally Loehrer.
Smith and Wendell Deane McGinnis were arrested after acquaintances of theirs reported to police what they knew about Gornik's death.
The acquaintances told police that Gornik picked up Smith and McGinnis after their car broke down with the understanding that the two would share their heroin with him. The three of them ended up living together in a downtown motel.
Smith and McGinnis decided to kill Gornik after Smith discovered some of her heroin missing, according to court documents.
The acquaintances told police that Smith told them that when attempts by McGinnis to kill Gornik with a drug overdose and by battering him didn't work, she placed a plastic bag over his head.
Workers at the Littleton Roofing Co., 3053 N. Nellis Blvd., found Gornik's remains after extinguishing a Dumpster fire on the morning of June 25, 1998.
Although the body was badly burned, the autopsy revealed Gornik, 38, died of morphine poisoning.
McGinnis pleaded guilty to accessory to murder and was sentenced to five years in prison in October 1999. He is eligible for parole after two years. At his sentencing hearing, he maintained his innocence, saying Gornik died of an overdose.
The robbery charge Smith pleaded guilty to stems from the fact she and McGinnis continued to drive Gornik's 1984 Ford Bronco following his death.
Story by Kim Smith
Wednesday, March 29, 2000 | 10:20 a.m.
copyright Las Vegas Sun
John Smith (My maternal Great Grandfather) was born in 1886 in Hull, Yorkshire to Henry Smith & Mary Phillips.
By the age of 15 he was a Butcher by trade (1901 Census for England & Wales - Class: RG13; Piece: 4479; Folio: 17; Page: 25) and was living at home with his mother, his father having died the previous year.
By the time of the 1911 census (Class: RG14; Piece: 28691) John was married to Gertrude Crowson-Lidster (1882-1914), had 3 children, Harry b 1905, Frederick b 1908 & Gladys May b 1909 (my maternal grandmother), he was also, by now, a casual labourer.
By 1916 John was living at 1 Anne's Place, Francis Street East, Hull, had another child, Herbert William b 1914 and was working as a fireman on the Wilson Line ship SS Dido.
Steam Ship Dido of the Wilson Line of Hull
On 26 February 1916 the ship was sailing from Middlesborough, Yorkshire to Hull under the command of Captain Taylor, the journey was marred by very heavy squalls and sleet, the ship was anchored just off the Humber Estuary in the North Sea when a German mine exploded against the side of the ship blowing a large hole in it's side. A lifeboat was launched with three crewmen on board but was quickly blown away from the ship due to the rough seas, these three crewmen were the only survivors. Eventually the remaining crew donned their life-jackets and abandoned the ship as it was quickly sinking. Due to the extreme bad weather and extremely cold temperatures none of them survived. What could have been more terrifying, the thought of drowning before being rescued, freezing to death or the possibility of another mine drifting towards you and exploding?.
All crew members families would have received a telegram, Mrs Altoft received this one.
Further details can be found in these three newspaper reports;
- Hull Daily Mail - 28 February 1916
- Scotsman - 28 February 1916
- Sheffield Daily Telegraph - 28 February 1916
Headstone provided by the Commonwealth War Graves Commission and located at the Hedon Road Cemetery, Hull. Once this, and other, headstones were supplied, the relevant persons name was removed from the Tower Hill Memorial in London
Other links of interest: - Humber First World War & Great War Forum (further detailed information on the crew and the vessel)
How It Started
My first foray into my family history was to do a One-Name Study of the name so I started collecting every example and record I came across, as with many family historians/genealogists, one of the first resources I come across was the IGI.
I obtained a complete listing of all Rack/Racke/Wrack's there were on the IGI, plus a few spelling variations, then set about grouping all the families together, as the years went by I gathered more information that confirmed, or even refuted, some of the family groups I had created.
One family group I came across was headed by John Stephenson Wrack, I had no idea were he originated from at that time, but then I discovered the censuses for 1851 & 1881, on both he gave his age which gave me an approximate birth year of 1792 and place of birth as Hull, Yorkshire.
Mystery Man
But who was he, who were his parents, neither of these questions have been answered, even now, over 35 years later, I have still not discovered much about him. In the early 1990's not long after I left the army, I was contacted by another researcher, the late Roy Taylor, he had come across my entry in the Banyan Tree's Members Interest section (this is the official publication of the East Yorkshire Family History Society) and was hoping I could help him as he is a direct descendant of John via his first-born Rebecca, unfortunately I could not help him but we became good friends and undertook reciprocal research for one another at various county archives, it was a couple of years later when Roy informed me that another researcher, working on his behalf, had discovered the marriage of John to Mary Carr in Saxby All Saints, Lincolnshire in 1818, just a few months before the baptism of their daughter Rebecca in nearby Keelby.
This find gave us another avenue of research, maybe Mary was from the Wrack side of things, but alas, that was not to be, Mary was born a Carr and her parents have nothing to do with the Rack name. Further research brought up more information that helped us discover where he was from but not who his parents were.
Eventually we did discover his baptism, it would seem that he was born John Stephenson to John & Mary Stephenson in Hull in 1792 and somewhere along the way, prior to the birth of his first daughter in 1816, he added the surname of Wrack. There have been a few suggestions of how this came about, some of his ancestors in New Zealand believe it was a 'clerical error' on the marriage register and it should have read John Stephenson of Wrack, I can virtually refute that immediately as he did not marry until 1818 but on the IGI entry for his daughter Rebecca, b 1816, Keelby, Lincolnshire, he is already listed as John Stevenson Rack.
A more likely scenario is, as was occasionally done, that he took the surname Rack as someone of that name had no offspring to continue the name, this was usually accompanied by a monetary gift and a promise that the name would not die out, I consider this as the most likely option, I do believe strongly that he was born John Stephenson as that surname is still today used by many of his descendants as a second, or even third or fourth name, he named virtually all his children with it and their descendants still continue to do the same.
Welcome To My Family
Does this mean that John is not either a Rack or even connected to the Rack family at all, well I still cannot find a connection to the Rack family as a whole but I have just recently discovered that I do have a biological connection to him, but this is from my maternal side of the family, one of my 5 x Great Grandparents is William Carr who had a daughter, a 5 x Great Aunt, named Mary Carr, who married a John Stephenson Wrack in 1818 in Keelby, Lincolnshire.
So after all these years I have finally got the answer I was looking for, yes I am connected to John and his descendants, unfortunately Roy Taylor passed away in 2003 so never knew that we were 5th cousins once removed.
In 1851 leaflets were distributed in the village, and surrounding area, of Nettleton, near Caistor, Lincolnshire, England. At least one of them exists to this day and although slightly damaged, it reads as follows;
Miss Jordan - Milliner and Dressmaker - Nettleton
Begs to inform the ladies of Nettleton and the vicinity that she has commercial business at the house of her father, the Salutation Inn, and having served her apprenticeship in the establishment of Miss Frost and Mirs Freeman of Hull, feels confident that she is able ....... give satisfaction to those ........ who favour her with their......
Elizabeth Jordan was born in Beeford, In the East Riding of Yorkshire, England, in 1883. She was the eldest child of William and Ann Jordan, both of whose ancestry goes back to the Bridlington area of the East Riding. About 1840 William Jordan became the publican of the Salutation Inn, Nettleton, Lincolnshire.
Elizabeth was 18 years of age when she announced her business venture. She was married first to George Woodhead, a vermin destroyer. However, within a few years he died leaving her a widow with a young son, Charles.
In 1871 she married again to a widower by the name of William Wrack, who at one time had been a carrier in the nearby village of Grasby. Their first son, born in 1872, was also called William Wrack. In the 1930's he was a publican at the Queens Hotel, North Kelsey Moor, where he his still remembered.
His son, Charles William Wrack, born 1902, was extremely well known in the Caistor area, were he was a sadlerr and shoe repairer until his death in 1962.
The Salutation Inn, of course, still stands at the side of the main Lincoln to Grimsby Road. William Jordan was 'mine host' there for 43 years until his death in 1883. It is a place where it is possible to goand have a drink in the company of ones ancestors, even if only in spirit.
This article was originally written by Mr Tony Andrews and was originaly published in the Society for Lincolnshire History & Archeaology - Family History Section publication 'Lincolnshire Family Historian' Vol 6 Number 8, April 1989
It is assumed that Edmund was born in 1735 at Attelborough in Norfolk, about 16 miles south-west of Norwich. he was the son of Edmund & Elizabeth Rack. The father was labouring weaver and both parents were Quakers, the mother being a preacher in the sect. He was brought up as a Quaker and apprenticed to a general shopkeeper in Wymondham, Norfolk. When he had completed his apprenticeship he left the area and travelled to Bardfield in Essex were he became a shopman to a Miss Agnes Smith who he eventually married.
About 1775 he settled in Bath, and having cultivated a taste for literature, was patronised by Lady Miller of Batheaston, Mrs Macauley and Dr. Wilson.
Whilst living in Norfolk he took a great deal of interest in the local system of farming, and with a view to improving the system in the western counties of England, he drew up, in 1777, a plan for the formation of a society for the encouragement of agriculture in the counties of Somerset, WIltshire, Dorset & Gloucestershire, entitled "Bath and West of England Society for the Encouragement of Agriculture, Arts, Manufactures and Commerce". He was appointed it's first secretary. About 1792 it took the name of the Bath & West of England Agricultural Society, and it still flourishes today as the Royal Bath and West of England Society, see also the Wikipedia Entry
in 1779 Edmund aided in establishing the Bath Philosophiocal Society and became its first secretary. Unfortunately it no longer exists, but its successor, the Bath Royal Literary and Scientific Institution is still going strong
He died in Bath on 22nd February 1787
Genealogy, or Family History, research for the beginner can be very confusing, this could be because early records may be written in Latin or events may be recorded well after the fact, there is also the issue of which terms to use, do we use Christening or Baptism or is it Abt. or Circa."
Whatever the issue is there is an abundance of help on the web, in local Family History Groups and in print.
I will occasionally be posting about some of these "confusing" issues and today I'll start with the English (& Welsh) Births, Marriages & Deaths (BMD) Indexes.
First, a bit of history
The registration of Births, Marriages & Deaths commenced on 1 July 1837 in England & Wales and up until 1875 it was the responsibility of the local registrar to ensure all events were reported, due to this many parents didn't bother registering their children, many thought that having them baptised in their local parish church was enough, well they have been doing that for a few hundred years to that point and nobody had ever complained in the past
Some sources believe that upwards of 15% of early births were not registered, also parents may also have given false dates of birth to avoid fines if they were late in registering, a birth had to be registered within 42 days of the event but could be up to a year later by paying a fine, there have been instances reported recently by genealogists that show the odd birth being registered when the child was actually an adult.
The Registers
All BMD events are recorded by the local Registrar who then sends copies to the Superintendent Registrar for the Registration District (RD) to which they belong. Every 3 months the Superintendent Registrar must send copies of all events to the General Registrar at the General Register Office (GRO) who then creates the indexes that we all use on a regular basis.
This grouping together of events into 3 monthly registers has given us the term quarters in regards to BMD's, confusion starts when genealogists (I use that term to mean both amateur genealogists and family historians) record these dates in differing ways, over the years I have seen Q1, 1Q, 1st Quarter, First Quarter, Jan Quarter and March Quarter all used to mean the first three months of the year. the GRO uses March as the correct term while some record sites use January, FindMyPast uses Birth Quarter 1 in their transcriptions, I myself use the first month of any given quarter.
Now the quarter given does not necessarily match the date of birth, as a child born on the 22nd November can be registered up until the 2nd January the following year to avoid paying fines but up to a year later with a fine, so you have to be careful when looking for dates of birth, always check later quarters.
Up until 1 Jan 1984 births are listed in the indexes first by Year, then Quarter then Surname then First name(s), from 1 Jan 1984 births are listed by year then Surname, then First name(s) then by Month.
Marriages, while also not being registered in the early days as some clergy were against the idea of civil registration, are actually recorded in the month the event took place, as are Deaths, so with these you can be pretty sure you are accurate to within three months of the event if you do not know the exact date.
Additional Information
All the indexes include the names, year, quarter and district of registration, but as the years have gone on additional information has been added to the index, thus making our lives a little easier.
In 1866 the age at death was included in the Death indexes, though these may not be accurate as they are based on information given to the Registrar by the informant and sometimes the informant may not have known the person very well, such as a recently arrived neighbour. From 1969 the date of birth was included in the Death indexes, again dates of birth may be inaccurate for the elderly as there are instances of people "subtracting" years from age for a variety of reasons and then when they die the age or year of birth is given based on the wrong age.
Since September 1911 the maiden name of the mother was included on the birth index which make is easier to identify family groups.
Up until 1911 the Marriage indexes only included one name, it did not include the spouse, since 1 January 1912 the spouse's surname as also been included in the index.
More recently the GRO has published a new searchable index on it's website, just Click Here then register and your good to go. This new facility has extra data available outside of the dates listed above, for example it has the mothers maiden name for all births from 1837, where registered.
The GRO not only holds the BMD's for England & Wales, it also holds records of other events as well, More GRO Holdings
Place Names
The first Registration Districts were based on the boundaries of the old Poor Law Unions and even took their names in most cases, in later years boundaries were changed and areas consolidated as well as some locations being moved from one district to another as boundaries changed. A full list of all Districts, with dates and any boundary changes etc can be found Here, click on an individual county name to see which Registration Districts are included within the County boundaries then on each District name to see what Towns & Villages etc are in each District, with relevant dates etc.
Due to there being a number of parishes in any given Registration District, the place on the index is not necessarily the place the event took place in, as an example the Registration District of Hull only includes the central portion of the city until 1937, the remaining area of the city was in the Sculcoates Registration District, the boundary lines were down the middle of the roads in some areas and between the rear of adjacent properties in other areas, in 1937 the Sculcoates Registration District was abolished and the whole of Hull became part of the same District.
Sculcoates Registration District itself was not just the Parish of Sculcoates but included other Towns and Villages as well as parts of Hull, until 1937 Sculcoates also included Haltemprice, Hedon, North Ferriby, Preston, Swanland, Welton, Anlaby, Brough, Hessle, Kirkella, Willerby, Cottingham, Melton, Sutton on Hull, Wauldby, West Ella & Willerby, the following parishes, whilst being withing the boundaries of Hull were also part of the Sculcoates Registration District; Drypool, Garrison Side, Sutton & Stoneferry, Sculcoates, Marfleet, Newington & Southcoates.
In 1974 the county of Humberside was created and the Hull Registration District was expanded to include all of the above plus Aldbrough, Atwick, Bewholme, Bilton, Brandesburton, Bull Fort, Burstwick, Burton Constable, Burton Pidsea, Catwick, Coniston, Easington, East Garton, Ellerby, Elstronwick, Halsham, Hatfield, Hedon, Hollym, Holmpton, Hornsea, Humbleton, Keyingham, Mappleton, Ottringham, Patrington, Paull, Preston, Rimswell, Rise, Riston, Roos, Seaton, Sigglesthorne, Skeffling, Skirlaugh, Sproatley, Sunk Island, Swine, Thorngumbald, Wawne, Welwick, and Withernwick, and the unparished area of Withernsea, these were part of either the previous Skirlaugh or Holderness Registration Districts.
To see how confusing the English system is I was born in an extremely small place, only a couple of cottages, about 3 miles north-east of Hull, about a mile and a half west of Skirlaugh and about 12 miles west of Hornsea, yet according to the records I was born in the Hornsea sub-district of the Holderness Registration District.
Things can be just as confusing in other cities, especially London, but I'm not going there with that one.
<strong>Reference Numbers and Pages</strong>
One other key part of the index are the reference Numbers and Page numbers, these are used when you wish to purchase a copy of a certificate from the GRO, they have no value if you are purchasing a certificate directly from a specific Registration District office.
The Reference Number indicates a specific region of the country and also identifies the Volume of the Register and the page number is the page the original entry is on in any given volume. Over the years these Reference numbers for any given region have changed, from 1837 to 1851 Roman Numerals were used, from 1852 to 1946 a number followed by an alphabetic character was used. In 1996 the numbering system was changed totally, The Hull Registration District has had the following Reference/Volume Numbers over the years, <em>XXII</em> (1837-51), <em>9d</em> (1852-1946), <em>2A</em> (1946-74), <em>7</em> (1974-96) and 5501, with a following letter since 1996. For a list of all the early (until 1946) reference numbers and the areas they were allocated to Click Here
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. he denied it was a terrorist attack for 10 days. jay carney repeatedly tried to deny the fact. megyn: we know those facts happened. but when you have access to petraeus, testifying before you, what are you going to ask him? >> exactly was he in contact with the state department that night, what was he told, what information was he told. what did his cia station people in libya tell him. why did he come forward with this version that involved a video. what was that based on in view of the fact we know that night people at the compound in benghazi were saying this was a terrorist attack. why were these people on the ground saying one thing and why was he and the administration officials saying something else. we have to get the whole time line as to what they were told, when they were told and why they came up with the story in the first place. megyn: clapper is the one who copped to his group, we are the ones who gave the white house the talking points memo that spoke of a video. to this moment do we know why he did that? what specifically he was basing that on? >> the reason w
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. jay carney said at one point he looked around is anybody flying this plane. they were flying the plane. everybody was safe. the president back at the white house. >> shepard: what are republicans saying about working with the president trying to break this gridlock? >> the republicans are skeptical because they say that the president noted last night is he going to call mitt romney and invite him into the white house for a meeting to talk about how they can work together. the republicans say look he did the same thing with john mccain as president elect in 2008. both parties went to their separate corners in the end and didn't get a lot done together. republic strategists are saying if the president is serious about this second term maybe they can get business done. take a listen. >> i was interested in his remarks last night saying the best is yet to come. we would have liked to have seen some of that in the first four years. maybe is he serious this time. >> in an effort to try to show he is following up, we're told by white house aides that late in the evening last night into the ea
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details to come later.
Quote from: flagpolespecial on December 08, 2009, 06:16:09 PMdetails to come later.Give us the scoop.
The Best Book Ever Made of the Best Movie Never Made that We'll Never Own.
Two videos of a discussion that went on at the BFI about Napoleon, called 'The Greatest Movie Never Made?'...Part 1: http://www.bfi.org.uk/live/video/273Part 2: http://www.bfi.org.uk/live/video/274
anyway it was after i posted my first serious fanalysis. after the long post all he could say was that the main reason he wanted to see the master was cos of all the red heads.


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Dear Friends and Family,
It is with heavy hearts we inform you that on July 16th 2010 The Cholive Company will be closing its doors. Over the past two years it has been an absolute pleasure introducing so many of you to the Cholive and our line of Chruffles, but unfortunately the economic headwinds were too strong for our dedicated band of passionate employees and loyal customers.
We cannot thank you enough for your support these past couple years. It has been a great run and hopefully, some day, you will see the Cholive re-emerge…
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Beaufort County School District has partnered with Source4Teachers to manage our substitute program. A leader in PreK-12 staffing, Soruce4Teachers will now be responsible for the hiring, training, and placement of all daily and long term substitutes.
If you are interested in working as a substitute for our district, please visit Source4Teachers' website to apply or call 877-983-2244 for more information.
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Consumers' Utility Counsel wins debate over seasonal fuel in Georgia Power fuel cost recovery case
On Tuesday, May 20, 2008, the Georgia Public Service Commission voted to approve an increase in rates for Georgia Power Company's consumers. As a result, the average residential consumer's bill will increase $2.93 per month beginning June 1, 2008. The increase will pay for forecasted fuel costs beginning June 1, 2008 through May 31, 2009.
Industrial customers argued that the Commission should implement seasonal fuel rates as opposed to the existing average fuel rate. This would transfer millions of dollars of costs from industrial customers to Residential consumers.
The Consumers' Utility Counsel ("CUC"), which represents residential consumers and small business owners, along with AARP, objected to the imposition of seasonal fuel rates. An average fuel rate, as advocated by CUC and AARP, spreads the risk of fuel cost volatility and may decrease the under-recovery amount that all consumers must pay. This would save money for all Georgia Power consumers. Despite CUC's arguments, Georgia Power Company and industrial customer-interest groups entered a stipulation urging the Commission to adopt a seasonal fuel rate.
The Commission rejected the stipulation by a 3-2 vote with Commissioners Baker, Speir and Everett voting against seasonal fuel. The Commissioners voted to approve the remaining stipulation entered into by Commission Staff and Georgia Power that recommended that seasonal fuel rates be deferred until after the seasonal working group submitted its final report to the Commission.
For additional information, please visit www.psc.state.ga.us.


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Saurabh Mahapatra, MathWorks
In this webinar you will learn about new and exciting developments in Simulink as MathWorks engineers demonstrate the new features of Simulink R2012b. The culmination of five years of development, Simulink R2012b introduces:
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Recorded: 18 Sep 2012


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