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A Young Afghan Girl’s Reflections Upon Selena Gomez

What a young Afghan wants to know from Selena Gomez and what she would like Selena Gomez to know about her

I’m Muska Ehsan. I am a 14-year-old Afghan girl with big dreams. I live in a society where girls survive for their dreams, in a world surrounded by rich and big people (physically) with really small minds. But I don’t want to waste my time waiting for them to allow me to become broad minded.   I want to start this now, for myself.

I must admit, I am fully addicted to music. It empowers me, encourages me to focus on my goals, and it brings up a fire in my heart to not stop. I am a very big fan of Selena Gomez, she is the first person who affected my life this much. She gave me a hope to be what I am and to never lose hope during hard times, which are often in my country. She completely changed my life with her speeches, lyrics and life journey.

 

Selena 

I still remember the first time when I listened to her song, “Who Says.”  It touched my heart. I started crying.  I didn’t know why I cried, but the song had totally touched my heart. For some reason, I just started to search about her and slowly learned about her life journey and how she got to this stage of life. Watching her videos and speeches had totally changed my mind.

I had a new chapter to start with a new hope. So, I started to work with an Afghan kids’ television show. It was a new experience for me and I found many lovely and loyal fans. Actually, I had a kind of celebrity life in the small town of Kandahar. I was powerful and had the fire to do more, and give my best shows on television and encourage Afghan young girls to fight against the awareness of life which people have splashed in our minds. I wanted to give them the message that there is so much to do to help this country, and in several ways to change people’s minds.

After a year of television life, my father told me about a dormitory school which was the best school in Afghanistan for girls. I, hopefully, applied and got accepted. I was very happy, and couldn’t wait to encourage my friends, classmates and roommates to listen to music.  But, unfortunately, I didn’t know about dorms rules.   What I had thought about dorms wasn’t the same as I came to know about them. When I went there, the administration took my phone.  They started me on a busy study timetable.

Even so, I told everyone about Selena Gomez.  I could not hold my mouth to talk about her…

Quietly, it was getting harder for me because not having music was making my life complicated. Not receiving any news about Selena was like hell. I spent my nights crying but slowly it was getting normal and my focus on the future was increasing. My lovely advisor always kept encouraging me and told me “do not give up”. And the big dream of working in Disney channel as an actress was always burning. I know I will face many difficulties, but I will keep going because that is what my queen (Selena) is doing.

So, I imagined that I was asked to interview Selena on television and this is what I wish to ask Selena:

 QUESTIONS to my idol who may never see this…

  1. Whose biggest fan were you in childhood?
  2. What do you think about Afghan life? Or do you even think about Afghanistan?
  3. What is the most important thing which never stopped you from reaching your goals?
  4. What is your biggest fear in life which you fought for, to get to this level?
  5. Which kind of books do you like to read?
  6. Is there a quote which you have always followed the most?
  7. Which kind of people you like the most to talk to?
  8. If you could help Afghan girls, how would you want to help them?
  9. In what do you place no value in life?
  10. Did you ever imagine the life you are living now?
  11. Is there any hope that you have, that till now didn’t come true? If yes, is it impossible?

 

My dream is that someday I will have the chance to meet Selena and ask these questions of her in person.

 Muska

Muska Ehsan

What is inclusive education? A Guest Essay from Benafsha Yaqoobi*

Every human being was created free and with equal rights in every aspect of individual and social life. The Universal Declaration of Human Rights (148), ensures these rights; rights, such as freedom in choosing or changing living place, freedom of speech, freedom of decision to believe or not to believe in spiritual affairs, education, etc.

On the other hand, since the very beginning of mankind’s creation, we have been seeing a variety of differences in this creation. The first one, is the difference in sex or gender, as mentioned in many places in The Quran and The Bible, that they were created males and females. Other types of differences include ethnicity, race, language, religion (or system of beliefs), and also health-related differences. We may call these differences, diversities.

RayhabBut attitudes towards these diversities have been different from time to time, depending on the status of intellectual and social evolution of mankind throughout history. There have been a considerable number of wars, due to religious, ethnic or racial differences. For instance, The Crusade, which was a war between Christians and Muslims to conquer Jerusalem, was a religious one. Also according to historians, people with health status differences, such as leprosy, would be called, unclean and therefore would be drawn out of cities, far from the public. People with epilepsy would be associated with demons and in Roman Church. Their heads were pierced, so, hopefully the demonic spirits might exit from them.

There has been a large amount of evidence and documents, from the beginning, even to nowadays, showing and proving that mankind has had problems with his/her fellows with differences all around the world.
Disability, which could be defined as, limitations in functionalities in some parts of the body, or impairments in sensation, physical or even mental system, that are permanent , may create challenges for a person with disabilities. These challenges mostly come out of a kind of attitude towards this diversity, as well as other diversities.

One of these challenges is education, since there were no positive or inclusion-based attitudes towards people with diversities throughout history.
There has always been a question in people’s minds, whether it is possible or feasible to give diversity and minority people their right to be educated, or, whether they must be excluded or even deprived from such right, due to their diversity status.

Our aim in this essay, is to discuss about an evolved and ever-evolving approach to the issue of education, specifically for those with diversities, which we call, “inclusive education”.

Inclusive education: Definition.

Shelley Moore, a Canadian education specialist, defines it as follows:
“Inclusive education means that all students attend and are welcomed by their neighborhood schools in age-appropriate, regular classes and are supported to learn, contribute and participate in all aspects of the life of the school”( Inclusion BC website).
Of course, even though the special needs of people with diversities, such those of people with disabilities, are not to be neglected at all, since all barriers are to be removed to pave the path for these types of people to receive a quality education, as equivalent as possible with the mainstreaming children.

Historical overview of approaches:

The importance and significance of such an ever-evolving attitude towards education of people with diversities may become clear, only if we have an overview of how mankind started the path and where we are nowadays.

Looking through history, we may face at least 4 approaches towards inclusion of people with diversities. They could be identified as, deprivation, segregation, integration and inclusion approaches.

Deprivation: this approach is derived from a totally negative attitude by majority or ruling people of a society towards people with diversities and their right to be educated. According to historians, in many of the ancient empires, people with low incomes were not allowed to send their children to school. In fact, education was merely the right of noble people.

Even nowadays, we may see in different parts of the world, such as Afghanistan, that females, as well as people with disabilities, and also some minorities, are either partially or totally deprived from their right to be educated. The fallen Taliban regime, during its governance, would not allow females to receive education. This and much more evidence is proof of a negative approach towards the education right for people with diversities, which, even nowadays, is followed by some under-development, at least in the level of traditions, if not to say by governments in a formal level.

Segregation: as mankind began to evolve himself scientifically, technically and intellectually, following the ages of renaissance, reforms and enlightenment, he began to think about how to involve people with diversities in the process of education, that led him to establish segregated places for diversity people. Louis Braille, the inventor of a system of reading and writing for persons with vision impairments, called, “Braille System”, was one of those people with disabilities who received education in a segregated, special school for the blind in France in 19th century.

Even nowadays, we see here and there, some segregated special schools for people with disabilities, such as people with visual, hearing and mental impairments. Such kind of places are criticized of segregating and isolating such people from the mainstreaming community.

Integration: in integrative approach towards education of people with diversities, we see the establishment of special classes within public, ordinary schools, for those with diversities, specifically those with disabilities. This approach, although evaluated by scholars as a much better approach comparing to segregation and deprivation, but findings have shown that people with diversities, even though, feel sort of segregated from the mainstreaming students. Even nowadays, we may face even in modern countries, both segregated and integrated places for education for people with diversities, including those with disabilities.

Inclusion: based on the laws and regulations on the elimination of all kinds of discriminations against people with all types of diversities, such as, Convention on the Rights of People with Disabilities, CRPD (2006), and Sustainable Development Goals SDG (2017) by The UN, and more, education specialists thought about how to fully include and involve people with diversities in the mainstreaming educational system. In the 21st century, this is the best and highly-appreciated approach, since it was evaluated as a helpful approach towards disappearance of discrimination.

The inclusive education advantages:

This approach is proved to be a good way of including people with differences in one place, in order to flourish the spirit of harmony and tolerance among students, who will be the future-makers, and on the other hand, to help people with diversities to feel comfortable with the mainstream.

Other advantages of this approach can be outlined as follows:

• improving individual strengths and talents, with high and suitable expectations for each student.
• Work on personal goals while taking part in the class procedure with other students with the same ages.
• Engaging the children’s parents in the process of education and in the school activities.
• Nourishing a culture of respect and correlation. Inclusive education may create an environment for understanding and accepting individual differences, decreasing the effects of irritation and bullying.
• Creating friendships with a wide range of other students, each with different needs and capabilities.
• Having positive effects, both on schools and on the society, so that they may welcome diversity and inclusion on a wider level.

Inclusive education requirements:

As mentioned above, to remove the barriers for those with special needs in a mainstreaming school, the following items may be required:

• Special stationeries: some categories of disabilities may not be able to use mainstreaming stationeries, such as notebooks, pens, pencils, etc. therefore, alternative stationeries may be provided for them. For instance, for children with vision impairments, if they are totally blind, special stationeries are required, such as, slates, styluses, tailors frames, Brailing machines, etc., and if partially sighted, they may require devices to make them able to read the normal books, such as books in large prints, or magnifying devices, etc.
• Resource center: this is specifically needed for persons with disabilities, since they need some rehabilitative services before joining public schools. Such center can also provide them with their special needs during being in public school.
• Resource person: this person could be a mediator between the children with special needs and their teachers. The resource person can train the teachers of the public school about inclusive education and its successful ways. The person can also be, for example, an interpreter between a child with hearing impairments and his/her teachers, using sign language, or, a reader for a child with vision impairments, who may have done assignment or exam paper sheets, using Braille system.
• Accessibility of school place: school environment should be accessible, specifically for those with physical impairments, with ramps and lifts to make it easier to ascend and descend from staircases, and for those with vision impairments, with tactile marks across the path that appears to be used by a child with vision impairments, using white cane.
• And also flexibility of teachers in using a variety methods of teaching, including work groups, peer mediations, etc., to make the class a place which is child-friendly.

Conclusion:

As discussed in the essay, mankind was created free, but with diversities. But as human knowledge began to develop, it was gradually realized that these diversities are not good excuses of persecution against one another.
Regarding education, which was considered one of the basic human rights, 4 approaches were discussed concerning people with diversities: deprivation, segregation, integration and inclusion.

Inclusion was considered as the best and ever-evolving approach, with advantages, such as, developing a spirit of harmony and correlation between different types of children in one environment, so that people with diversities may feel themselves harmonious with mainstreaming children.

Also, the special needs of children with disabilities, depending on their type of disability, are to be considered as inclusive education requirements.

Finally, it is worthy to be mentioned that, Afghanistan, as a war-torn country, is in need of tolerance, harmony and correlation between all types of people, including ethnicities, religions, etc., to build a sustainable peace and stability all around the country.
Therefore, by promoting inclusive education to all schools of this country, this spirit of harmony and correlation will be develop and flourished within our children, who will be our future-makers.

Citations:

1. The Quran.
2. The Bible.
3. Shelley Moore: Transforming Inclusive Education: Inclusion BC website:
http://www.inclusionbc.org/our-priority-areas/inclusive-education/what-inclusive-education

Benafsha 2

* Benafsha Yaqoobi , the director of an NGO for persons with disabilities, called, “Rahyab Organization (ORRSB)”, was born in Kabul, Afghanistan. She started her school in Kabul and continued until grade 7, right at the time when she and her family were obliged to immigrate due to civil wars of the 1990’s, where she obtained her bachelor’s degree in Persian literature.

She obtained a Master’s degree in 2 fields: political sciences from  “Payam’e’Noor” university, Kabul; and international relations from Afghanistan Institute for Higher Education, Kabul.

She hopes to continue her PH.D to raise her capacities and capabilities to become much more fruitful for her country.

During these years, she would do a large number of activities, such as, writing poems, writing in newspapers and magazines, directing and presenting programs in local media, etc.

 

Reflections from Vienna via Florence on IBA-VIAC CDRC Competition 2018: “The Value of Active Listening in the Heat of the Moment. (When bringing a “taser” to a mediation can be a good idea.)

“How can I interject this question without interrupting?”

“This answer doesn’t satisfy me. How can I ask again without stalling the conversation?”

“I need to discuss privately with my client, but it is not appropriate to stop this joint session now.”

“Perhaps I would need something to… tase my client, so that he could remember to consider my opinion as well!”

female taser

During mediation a lot of questions come to your mind, but it is usually not easy to get an answer quickly and keep track of the conversation. When you attend negotiation courses or you study the theory of mediation at home, it is fairly common to overlook the practical implications of such questions, but trust us, they are very relevant.

However, let’s start with some brief introductions first: we, the two writers of this hopefully interesting article, are Elisa Menichini and Emanuele De Napoli, two law students from the University of Florence, Italy. Together with two other students (Francesco Lichen Wang and Marzia Montinari), we were part of the only italian negotiator team at the 4th IBA-VIAC CDRC Mediation and Negotiation Competition in Vienna this July. We were coached by the experienced Professor Paola Lucarelli.
Florence Team
The CDRC Competition was a very formative experience, a melting pot of creative law students from all over the world ready to compete and learn under the guidance of legal experts and professionals willing to share their expertise and ideas. Mediation is a rather recent Dispute Resolution method in Italy (2010) and we, as future legal practitioners, felt that this competition was the right opportunity to grow both personally and professionally.

During the many rounds, carefully and masterfully directed by Claudia Winkler and the CDRC Staff, 33 teams of negotiators and mediators proved their skills in mock disputes based on the 2018 Willem C. Vis International Commercial Arbitration Moot Problem.

There would be so much to describe and write about the competition itself, the wonderful staff and the friendships that were born this year in Vienna, but we will concentrate on a specific event that we truly believe captures one of the key aspects of mediation and conflict in general. Something that we all need to remember.

During one of the rounds we were facing the Istanbul ŞEHİR University, while the mediator was coming from Maharastra National Law University in Mumbay. The negotiation process was lively and dynamic since the beginning. Our team was divided as such: Elisa = Legal Counsel; Emanuele = Client. Bargaining techniques were followed by quick responses, numbers were soon flying across the table and the two opposing clients were dragged into the heat of the negotiation. The trusty legal counsel (Elisa) tried more than once to calm and reassure her competitive client (Emanuele), but he was too focused on his business goal to be “stopped” by his lawyer.

The agitated legal counsel even tried touching her client, but he would just uncounsciously move away. Even trying to hit his legs wouldn’t work, since he was conveniently keeping them under the other side of the table. The now fuming lawyer wrote down on her papers in capital letters “NO”, as a concise but effective way to express her disapproval of a certain proposal. Not even this last resort seemed to restabilish the connection between the two. The businessmen were at work and they didn’t want to be bothered!
Im-not-Listening
Eventually a break was called and we were able to breath, relax and get back into our two combative characters after having shared briefly our ideas and views. The rest of the session went smoothly.

Once the round was finished and the feedbacks by the expert assessors had already been given, we had the opportunity to receive further insights from the judges. When we told this “comic” situation to Thomas P. Valenti, one of the experts who offered us precious suggestions and tips, he recommended (as an obvious but very clever joke) an innovative technique to force active listening and to calm down for a while an overachieving client: using a taser. When caresses, stares and kicks in the legs fail, go harder and use a taser.

Even if it was only meant as a joke, it truly made us think of the value of mediation, active listening and teamwork. During this competition as well as during similar events that we took part in, we noticed how conflict can be like a tornado, drawing the parties into the fight and making them lose sight of their true interests, even if they’re well-prepared. The legal counsels might feel that they need to manage their clients and sometimes thwart their emotions. But the role of the legal expert is changing and a lawyer should be able to understand and compensate for his clients’s whim as well.

That’s exactly why you need mediation, why you need a third party that can redirect you to the right path. The legal counsel should be the “trusty companion” that can grant a proper reality check when necessary and the needed aid when in doubt.

In conclusion, mediation can be considered a “metaphorical taser”: a ground-breaking method among the dispute resolution procedures. It shakes the way we perceive conflict in nowaday society, it changes the rules. The CDRC Vienna Competition was the perfect context to see how effective mediation can be.

We, as young students and future professional, are active witnesses of an epochal change in the way people face conflict: an opportunity instead of a danger to be avoided at all costs.

And if sometimes we’ll need to be “tased” to achieve this results, so be it.

By Emanuele De Napoli and Elisa Menichini,
University of Florence (School of Law),
Italy.

AFGHANISTAN – CONCEPTIONS AND MISCONCEPTIONS

Join this event and engage in dialogue with young Afghan scholars.
Get to know artifacts and intricacies of Afghan culture, arts,
and fragments of life amid chaos.
Thursday, June 28, 2018 7:00 PM 8:30 PM Kibbitznest 2212 North Clybourn Avenue Chicago, IL, 60614 United States
afghanAwarenessFB

Turkish Experimentation on Mandatory Employment Mediation: Mediating with Pro Se Complainants

Guest Author: Gizem (Gigi) Halis Kasap, LL.M.

Gigi is a member of the Istanbul Bar Association and currently an SJD candidate at WFU Law School in North Carolina.

Gizem Gigi Halis Kasap

Imagine yourself as a Turkish mediator in an employment dispute. You have a pro se complainant who worked for a company for six years, being forced to work overtime and fired with no explanation, and an employer’s counsel in a joint caucus. In his opening statement, the employer’s counsel recites the facts and relevant case law for a considerable amount of time while the pro se complainant tries to apprehend all the fancy legal words that the counsel uses. The first separate caucus with the complainant reveals that the complainant did not understand what the counsel said and do not know what to seek in damages and decides to agree what the counselor offers because he is in immediate need of money.

Here the conundrum is. As a mediator, you are aware of the ethical rules and the fact that you have to be impartial. In the meantime, you also know that all doubts in the implementation and interpretation of the provisions of the Turkish Labor Law, including its implementing rules and regulations, shall be resolved in favor of labor, so adjudication before a judge might have resulted differently for the complainant. Considering all of these, does that mean that a Turkish mediator may not facilitate justice, or in other words, is mediation at odds with the basics of Turkish employment law?

Voluntary mediation was introduced into Turkish law with the Law on Mediation in Civil Disputes in 2012.1 Five years after, pre-litigation mandatory mediation for certain employment disputes was adopted with the Law on Labor Courts.2 As of January 1, 2018, parties must have attempted mediation before commencing the trial.3 To that extent, for the first time, disputes regards the indemnity claims and reemployment have become subject to pre-litigation mediation.4

Mandatory mediation in employment disputes has been harshly criticized by many commentators, unions and lawyers on the grounds that mandatory employment mediation is not fair because of the imbalanced power dynamics, especially where the employee cannot afford a legal counsel.5

If we look at our hypothesis again, what should a Turkish mediator able to do? Under Art.3 of the Turkish Ethics Rules of Mediators, a mediator shall conduct a mediation in an impartial manner and avoid conduct that gives the appearance of partiality.6 That being said, Art.5(8) of the Ethics Rules stipulates that “[i]f a party appears to have difficulty comprehending the process, issues or settlement options, or difficulty participating in a mediation, the mediator should explore the circumstances and potential accommodations, modifications or adjustments that would make possible the party’s capacity to comprehend, participate and exercise self-determination.”7

Reading these two articles together, we can conclude that procedural fairness and party competency as imperative as the impartiality of the mediator. Thus, a mediator is entitled to take the liberty of making “potential accommodations, modifications or adjustments”. To provide this, mediator, for example, questions whether the complainant fully understands the mediation process, paraphrases the statements and asks the employee again, or if it is necessary, he or she postpones the session, withdrawing from or terminating the mediation.8 In addition to these ethical requirements, the Ethics Rules also ensures the self-determination and informed consent of the parties.9 Thus, it is of significance to distinguish that mediation as an alternative to litigation is not against the notion of justice and fairness per se.

There could be, however, possible failures of court-annexed mediation 8 cast doubt upon the fairness, especially where pro se complainants are involved. In Wright v. Brockett, where the pro se tenant agreed to vacate the apartment as a part of the settlement agreement, the court set aside the agreement noting that the settlement agreement was not “a provident decision by the tenant, free of coercion.”10 Similarly, the Ninth Civil Circuit of the Turkish Court of Cassation set aside the settlement agreement where the mediator did not communicate with or question the employee at all and forced him to sign the settlement agreement without seeking for an informed consent.11 Although the pro se complainants in both cases were successful in challenging their settlement agreements, that might not be always the case.

Nonetheless, risks associated with mediating with pro se complainants can be outweighed by integrating certain methods into the mediation process. Some commentators have offered implementation of a “cooling-off” period which allows parties to withdraw from the settlement agreement for any reason.12
(more…)

A week of ADR events in Sao Paolo, Brazil

Monday started with a radio interview highlighting the events of the upcoming Mediation Congress in Sao Paolo. Alexander Palermo Simoes and I were featured on Ana Pretel’s weekly radio show covering interesting legal topics. You can listen to the show here:

From there we paid a visit to The IV Pan American Arbitration Congress, hosted by CAM-CCBC on 23 to 24 October 2017 in Sao Paulo saw close to 500 attendees listen and participate in a broad range of panels dealing the unique problems associated with arbitration in the region. While focusing on Pan-American countries, the event draws global participation and showcases comparisons of practices with an eye toward sharing best practices in international arbitration. CAM_CCBC, under the leadership of Carlos Forbes, as organizer of the event has demonstrated a commitment to improving the quality of arbitration services,
and making Sao, Paolo Brazil, a hub for international arbitration in South America and the region. aFOTO-MARCOS-MESQUITA--45

Immediately following the Pan American Congress, on October 25th, was the first ever International Mediation Congress in Brazil — Congresso Internacional de Mediação Empresarial – GEMEP I CBAr held at AASP – Associação dos Advogados de São Paulo. The organizing committee – Alexandre P. Simões, Claudia Frankel Grosman and Patricia Freitas Fuoco created a sold out event of stellar debates, workshops and networking events that highlighted the growth of mediation in Brazil under the 2015 law.22815150_10155027876923443_5943122743707166741_n

The following days were highlighted by the “VIII Competição Brasileira de Arbitragem e Mediação Empresarial da CAMARB” – a mediation and arbitration competition in partnership with Mackenzie Presbyterian University. Participation by 57 arbitration teams, 18 mediation teams, 80 assessors, 250 arbitrators and approximately 400 listeners resulted in the biggest event of its kind in Latin America! 22886002_1944929519165165_4585326340301035114_n

Here is a link to the CAMARB Competition website: LINK

Here is a link to a newspaper story “Brazil hosts greater arbitration and mediation competition in Latin America” describing the tournament : LINK