pa ge 1 pa ge 16 american journal of society and law ( ajsl) reasons for acquiring defective property in afghan civil code and islamic shariah mohammad tariq hilal1*, barialy bahir2, ahmad naveed noori2 volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.1603 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: april 20, 2023 accepted: may 08, 2023 published: may 14, 2023 defective property can only be interpreted as an object’s property or only the property’s benefits, which ultimately include easement and usufruct rights. this research paper discusses the means of acquiring the rights of usufruct in four states (contract, will, preemption (shofa), timelapse). the means of acquiring easement rights are discussed in three states (public sharing, contractility, and timelapse). the research study aims to understand what points islamic jurisprudence has focused on in the definition of defective property and by what means individuals can acquire defective property. this work employs doctrinal research methodology and a descriptive, explanatory, and analytical research approach. it is worth mentioning that this part of the research was entirely based on library sources. the primary sources included the afghan civil code. the secondary sources included jurisprudential textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. on the one hand, this research will solve the existing problems regarding the means of acquiring defective property to a certain extent, and on the other hand, it will pave the way for more research in this field. it is concluded that the reasons for acquiring defective property in terms of the right of usufruct include: contract, will, intercession, inheritance and others. in terms of the easement rights these reasons include common sharing, contractual requirements and the time-lapse. keywords property, defective property, easement, usufruct 1 law & political science faculty at rokhan institute of higher education, jalalabad, afghanistan 2 law & political science faculty at mustaqbal institute of higher education, kabul, afghanistan * corresponding author’s e-mail: thilal172@gmail.com introduction almighty allah has created the earth everything t is on it for human beings to fulfill their daily life needs, achieve their goals, and worship almighty allah in the best way possible. almighty allah says that he has not created mankind or the jinn except to worship him. (az-zariyat, 56). in order to accomplish and fulfill their daily needs, human beings have been trying to acquire property, so that the same subject matter of acquiring something and becoming its owner is called property. however, acquiring this property was sometimes in a perfect form and sometimes in a defective form. this research study examines defective property and the means by which it is obtained. significance of research we know that on the one hand, the resources available in the world are limited, and on the other hand, the needs of human beings are many and numerous. therefore, it is necessary to determine the principles for using these resources. determining the causes of defective property is therefore important to prevent confusion and conflicts by increasing the community’s knowledge. research questions 1. what are the causes of defective property? 2. why is the recognition of defective property important? 3. how to protect private property through the identification of its means? research objectives 1. to identify the causes of defective property. 2. to bring and maintain order between individuals through the recognition of defective property factors. 3. to protect private property through the recognition of defective property’s means. defective property and its types in order to better understand defective property and its types, each of them is going to be discussed as follows: introduction to defective property linguistically, the term property is derived from the arabic word milk, meaning wealth. (ameed, 2010). based on islamic jurisprudence, property is defined as a relationship between man and property approved by the sharia that makes it exclusive to him or her, and he disposes of it in all manners as long as there is no impediment to disposing of it. (al-zuhayli, 2012). according to property law, property is what a person owns, whether it is property or usufruct. based on article 1900 of the afghan civil code, property is “a right on the basis of which a thing comes under the will and dominance of a person, and only the owner may, within the limits of provisions of law, use and utilize it and take any possessive actions on it.” (afghan civil code, 1976). types of property in terms of perfection and imperfection, property is categorized into two types: perfect property and imperfect (imperfect) property. each of them is defined as follows. perfect (proper) property it refers to the property in that the owner possesses both https://doi.org/10.54536/ajsl.v2i2.1603 https://journals.e-palli.com/home/index.php/ajsl mailto:thilal172@gmail.com pa ge 17 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 16-19, 2023 the property and its benefit, so that all the rights are related to the owner of the property. (al-zuhayli, 2012). imperfect (improper) property it only refers to the property or the benefits of the property. if the benefit of the property is personal, it is called the right of personal benefit, or the usufruct. and if it is only related to the property, it is called the easement rights, which are only related to the property. (taib, 2018). classification of imperfect (improper) property imperfect (improper) property is divided into three parts. the ownership of a property, the right of private interest, or usufructuary rights, and easement rights. each of them is going to be discussed as follows. the ownership of a property meaning that the property is owned by one person and the benefit is received by another. for instance, someone who bestows or bequeaths my house to someone else to live in during my death or until i am alive. moreover, if someone tells someone else to cultivate my land as long as i am alive or for a period of three years, if the trustee dies, the right to benefit is still with the legatee until the completion of the particular period. when the specified period is complete, both this right of usufruct and the real property also return to the trustee. it infers from the above discussion that the property is permanent and the ownership of the property’s benefit is temporary because, according to the hanafi school of islamic jurisprudence, the right to benefit is not inherited and sometimes it is permanent, like in the contract of waqf. (al-zuhayli, 2012). usufructuary right (right of private interest) according to article 2229 of the afghan civil code, usufruct is defined as legitimate utilization,” meaning the right of the utilizer to use and take advantage of the property until it remains in its original state, even though it is not owned by him.” moreover, the usufructuary right is to use and exploit the property as long as it remains intact, even if it is not owned by him. (ghaznawi, 2019). easement rights linguistically, the term easement means leaning on the hand or taking help or benefit from something. (ameed, 2010). based on article 2340 of the civil code of afghanistan, “easement is a right over real estate for the benefit of the real estate of another person.” in other words, an easement is one of the rights according to which the owner of real property can use the property of another person on the basis of his property. (almawsueuh alfiqhiah, 2000). furthermore, the right of easement is to prove the right of one immovable property over another immovable property, and the second immovable property will be the property of someone else. for example, passing water from a neighbor’s land to one’s own land, draining water to a specific place, passing on another’s land, etc. (al-zuhayli, 2012). acquisition causes of the usufructuary right the acquiring factors of usufructuary rights are categorized into four types: contract, will, preemption, and time lapse. each of them is going to be explained as follows. contract a contract leads to the acquisition of usufruct rights in the following three situations. first case in this instance, the contract creates usufruct rights through creation. this is a practical method, so that the owner sets the usufruct right on the property for the benefit of someone else. it is the same whether the property is movable or immovable. this is done with the contract, which is the source of the real right. this contract is usually in the form of a hiba (gift) or sell contract, but sometimes it is in the form of an exchange or sale with the option of redemption. the duration of the usufruct is specified in the contract. and if the beneficiary dies, it will expire before the specified period expires. but if the period was not specified in the contract, then the right of usufruct is calculated until the beneficiary’s death. second situation in this case, the contract leads to the creation of usufruct by way of protection, which is an indirect method. therefore, the owner of the property transfers the land to another on the basis of the contract and usually keeps the usufruct right for himself until his death. and in this case, the contract originates for the right of land, not for the right of usufruct, but it indirectly causes the right of usufruct. (al-sanhouri, 1950). third situation in this case, the contract refers to the right of usufruct, then its creation or composition, if prior. (al-sanhouri, 1950). will a will is an act by which a person, directly or as a result of the dominance of others, takes possession of his property or rights after his death. (https://ahmadbanijamali.com). the afghan civil code defines a will as taking action on an inheritance so that it takes effect following the death of the testator and must be in writing or verbal. there are other well-known signs that could indicate that the testator is unable to write or speak. moreover, making wills for god and charitable causes without determining the intention shall be valid, and they shall be spent on charitable affairs. also, in making wills for mosques, charitable organizations, and other directions, scientific institutions and public interests shall be valid. in these cases, the testamentary properties shall be spent on construction, the benefit of the poor, and other related https://journals.e-palli.com/home/index.php/ajsl pa ge 18 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 16-19, 2023 purposes, unless methods of spending may be determined on the basis of custom or indication. (afghan civil code, articles 2103, 2014, and 2109). preemption before selling property, a property owner must first determine whether anyone has the option to buy it before anyone else. such an option is called a right of preemption. according to article 2213 of the afghan civil code, “preemption is the right of acquisition of ownership of all or part of a sold real estate in return for its price and the expenses incurred, even if by coercion.” it infers from the above article that a person might have a preemption right for the property as a whole or part of it. to acquire the property, the holder of a preemption right must pay the owner for it, but the owner must first offer to sell it to him. moreover, based on article 2214 of the afghan civil code, “the cause of preemption is the attachment of property of the preemptor to the sold real estate, either due to partnership or adjacency.” it infers from the above article that there are two types of preemption rights: preemption rights based on partnership and preemption rights based on proximity to the property. preemption rights based on a partnership might arise if two people jointly own a business affiliated with a property. preemption rights based on proximity arise when a person owns property that borders another person’s property, an adjacent neighbor. there are three types of partnership-based preemption rights. first, a partner can be granted the right to preemptively purchase the entire property, including the land and structures. second, a person can have the preemption right to purchase the land but not the structures. if a landowner wants to sell his property, he must first make it available to those who have partnership rights before making it available to the general public or his nearby neighbors. (civil code of afghanistan, articles, 2016, 2017, 2018). according to article 2221 of the afghan civil code, “(1) in case of convergence of causes of preemption, the stronger cause shall be referred. on this basis, a partner in real estate itself shall have priority rights over a partner in the shared surrounding land, a partner in the shared surrounding land shall have priority rights over a partner in special rights over the sold real estate; and a partner in special rights over the sold real estate shall be given priority over an adjacent neighbor. (2) if one of the mentioned persons in the above item of this article relinquishes the preemption or his right extinguishes, the preemption right shall transfer to the person that comes immediately after his degree.” time lapse according to article 2302 of the afghan civil code, “right of usufruct shall be acquired through legal action, preemption, or lapse of time.” moreover, article 2284 of the afghan civil code states that “no one may acquire rights contrary to his document based on lapse of time.” “on this basis, no one may personally, to his own interest, modify the cause of his possession or the principle upon which this possession is based.” based on article 2285 of the afghan civil code, “provisions of claim barring lapse of time shall apply to rights acquiring lapse of time on what relates to the calculation of the period, its stop and interruption, and reference to it before court, as well as on what relates to withdrawal from it and agreement on its modification, provided that the mentioned provisions do not conflict with the nature of rights acquiring lapse of time and provisions of articles (2286) and (2287) of this law.” no matter how lengthy the passage of time has been, it must end as soon as the causes are established. if the possessor relinquishes or loses it, even due to others’ actions, rights acquired during the lapse of time shall terminate unless the possessor restores his possession or files a lawsuit for restoration within one year. (civil code of afghanistan, articles 2286, 2287). causes of acquiring the rights to an easement easement rights are acquired through the following means: common subscription, stipulation of agreements, and time lapse. each of them is going to be discussed as follows: common subscription one of the causes of the easement rights is the common subscription, which means that the easement rights are common to the residents of a country in public places. for instance, public roads, public seas and canals, etc. every person has the right to benefit from public places, but only on the condition that other people are not harmed. stipulation of agreements placing a condition in agreements is considered the second factor or reason for the acquisition of easement rights. for example, at the time of selling the land to the buyer, the seller makes a condition that the right of passage on the land will be established. time lapse the third factor and reason for the acquisition of the right of easement is the continuity and stability of an action from the past or unknown time. for example, a person inherits a piece of land that has been irrigated by a neighbor’s land for a long time. or that the used water flows onto the neighbor’s land. therefore, the mentioned situations prove the right of easement rights in the case where the neighbor should not be harmed. (al-zuhayli, 2012). conclusion it is concluded that the imperfect or defective property consists only of the property or the profits of the property. if the benefit of the property is personal, it is called the https://journals.e-palli.com/home/index.php/ajsl pa ge 19 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 16-19, 2023 right of personal benefit, or the usufruct. if it is related to the property, then it is called the right of usufruct, which is only related to the property. if it is related to the property, then it is called the right of easement, which is only related to the property. therefore, it can be said that the defective property consists of usufruct rights and easement rights. causes or factors of acquiring the rights of usufruct are: contract, will, preemption, and time lapse. the second type of defective property is easement rights, which can be acquired through common shares or subscriptions, stipulation of contracts, and time lapse. references al-sanhouri, a. r. a. (1950-1970). al-wasit fi sharh qanun al-madani, ihya al-tratah al-arabi, beirut, lebanon. al-zahili, w. (2012). alfiqh aliaslamiy wadalatuh, translation: maulana muhammad yusuf tanuli and mufti abrar hussain, printed, darul-e-sha’at, urdu bazaar, karachi. taib, b. (1396). theory of property in islam, salam publishing society, nangarhar. umid, h. (1389). farhang farsi umid, iran: antarhat rah rushd. ghaznavi, g. a. (1397 ah). property law, antarhat saeed, kabul musawa f. (2009). ministry of awqaf and islamic affairs kuwait, translation, islamic fiqh academy india, genuine, publications and media. civil code of afghanistan. (1355). extraordinary edition. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 21 american journal of society and law ( ajsl) a comparative research study of official mortgage and possessory mortgage muhammad ibrahim sekandary1*, toryalai hemat2 volume 2 issue 1, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i1.1094 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: december 19, 2022 accepted: january 19, 2023 published: january 29, 2023 a mortgage is a contract by which money is pledged as a debt, for this reason, it is said that a mortgage is a guarantee for the mortgagee’s claim. in other words, mortgage is the seizure or retention of a thing or property in exchange for a right so that the right can be obtained through it. the importance of this research study is that as the issue of mortgage exists in practice, many people face many challenges while practicing it in their daily lives. so, this research study will assist them fulfilling their needs in practicing mortgage. the main purpose of the research article is to explain and analyze the similarities and differences between the official mortgage and the possessory mortgage. the doctrinal research methodology and descriptive, explanatory, and analytical research approaches are used in this work. it is worth mentioning that this research study is entirely based on library sources. at the end of this research, the researcher has concluded that the official mortgage has a number of similarities and differences with the possessory mortgage. the possessory mortgage is the deposit of collateral to the mortgaged in exchange for the loan by the mutual consent of both mortgagor and mortgaged in which it is necessary that the mortgaged property will be transferred to the creditor and he will take care of it until the acquisition of loan. furthermore, the possessory mortgage can be in both movable and immovable property and the official mortgage can only be in immovable property. the mortgaged property remains with the mortgagor. but if the debtor does not return the loan to the mortgaged, the mortgaged has the right to sell the mortgaged property. when the mortgaged property is sold, the mortgaged has the priority to get the loan back. keywords mortgage, official mortgage, possessory mortgage, afghan civil law 1 lecturer of law &political science faculty at rokhan institute of higher education, jalalabad, afghanistan 2 vice-chancellor of academic affairs & lecturer of law & political sciences faculty at rokhan institute of higher education, jalalabad, afghanistan * corresponding author’s e-mail: msekandary58@gmail.com introduction a person receives a loan from another person. later on, he refuses to pay the debt, or he is unwilling to pay the debt, so the debtor must pay the creditor’s right because the creditor has cooperated with the debtor in good faith. therefore, in order to solve these problems, islamic sharia and the civil code of afghanistan have combined other rights related to the right of ain, which is called the right of the mortgage. in other words, a mortgage is a loan use to buy or keep up a house, land, or other real estate. a mortgage is a written agreement that gives a lender the right to take your home if you do not return the money, they lend you according to the terms that you agreed to when you took out the mortgage. the afghan civil code divided mortgage into two types: the possessory mortgage and the official mortgage. according to article 1770 of the afghan civil code, the possessory mortgage is a contract in which a person gives a guarantee against a loan to another person(mortgagor) who will foreclose this right in order to obtain his right from him(mortgaged). this kind of mortgage is formed through a mutual consent of both parties (creditor and debtor) and does not need to be registered in an official document. additionally, it encompasses both movable and immovable properties. as well, in this mortgage, it is necessary that the mortgaged property ought to be transferred to the creditor. so, in the possessory mortgage include both movable and immovable properties. according to the article 1832 of the afghan civil code, the official mortgage is a contract based of which creditor gains real right over estate that is allocated to discharge of debt and, due to this, creditor shall have priority right over other ordinary creditors and lower degree creditors and he may recover his credit from the estate in whomever possession it is. so, the official mortgage includes only an immovable mortgage. introduction to mortgage, types, and comparison linguistically, mortgage means proof, continuity, imprisonment, and necessity. in other words, mortgage is a pledge of something. in terms of legal terminology, a mortgage is a contract by which money is pledged as a debt, and for this reason, a mortgage is a guarantee for the mortgagee’s claim. in other words, mortgage is the seizure or retention of a thing or property in exchange for a right so that the right can be obtained through it. therefore, whenever the debtor places his property with the creditor in exchange for the goods that he has bought from the creditor, until he pays the creditor’s right, in case of non-payment, the creditor can sell the debtor’s property and get his/her right. this is called mortgage. from the researcher’s perspective, the above definitions have some similarities and differences. the first similarity is, the mortgage is against another person’s right. the second similarity is that the mortgage is a means of obtaining the right. the first difference is that in the first definition, the mortgaged property is not known, while in the second definition, only those properties that can be used are specified. therefore, the second definition is a better than the first one. https://doi.org/10.54536/ajsl.v2i1.1094 https://journals.e-palli.com/home/index.php/ajsl pa ge 22 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 21-24, 2023 the nature of the mortgage contract there are two opinions regarding the nature and essence of mortgage, each of which will be explained as follows. 1. all jurists and scholars agree that the mortgage contract is considered an endorsement contract, which is established by the agreement of the two parties for the protection and guarantee of the loan. 2. the point of controversary among the scholars regarding the nature of mortgage is, whether it is a commutative contract, a voluntary contract or both? according to the hanafi school of jurisprudence, this contract is voluntary, because the mortgagor does not take anything from the mortgaged in exchange for confiscating his property. also, the mortgagor is not forced to pay or hand over the mortgage. from the point of view of ibn masoud, mortgage is from the kind of commutative contracts which is formed against a loan. zaheli then confirms the point of view of the hanafi school jurisprudence and considers the mortgage as a voluntary contract. according to the shafi’i and hanbali school of jurisprudence, mortgage is not one of the sorts of commutative contracts. because the debtor is not obliged to hand over the object for guarantee, while in commutative contracts, the contracting party is obliged to pay or hand over an object in exchange. in conclusion, it can be said that a mortgage contract is one of the certified contracts that is formed in exchange of an object. now there is a question arises that whether the mortgage is a binding contract or a permissible? it can be said as an answer that a mortgage is a binding contract for the mortgagor and a permissible contract for the mortgaged. because the mortgagor cannot cancel the contract whenever he wants, until a certain date is reached, the mortgaged can cancel the mortgage contract whenever he finds money. the terms and conditions of mortgage in order for a mortgage contract to be considered concluded, the presence of the following conditions is considered necessary. first condition: consent: the mortgage contract will be formed with the consent and pleasure of both parties (mortgagor and mortgaged). second condition: possession: anything that is mortgaged must be given to the mortgaged in possession. for example, if the land is mortgaged but someone else is in possession of it, then this mortgage is not valid. third condition: intellect: both the mortgagor and the mortgaged should be intelligent, that is they will understand the transaction. 4-exchangeable: the mortgaged item will be able to be sold, the price will be collected, it will be available and it can be taken into possession at the time of purchase. elements of mortgage the following four elements must be existed in a contract to consider it as a mortgage. 1. mortgagor: the mujalat alahkam aleadlayh defines the mortgagor as a person who has given the mortgage. 2. mortgaged: the mujalat alahkam aleadlayh defines the mortgaged as a person who receives or takes the mortgage. 3. mortgage property: a property that is given as a mortgage. everything which is given in a guarantee is considered as mortgage property. 4. concubine: there should be an offer and acceptance in the contract of mortgage. kinds of mortgage based on afghan civil code, mortgage is categorized into official and possessory mortgage. however, islamic shari’ah only recognize the possessory mortgage. both types are going to be explained as follows. possessory mortgage the possessory mortgage is a contract in which a person gives a guarantee against a loan to another person(mortgagor) who will foreclose this right in order to obtain his right from him(mortgaged). this kind of mortgage is formed through a mutual consent of both parties (creditor and debtor) and does not need to be registered in an official document. additionally, it encompasses both movable and immovable properties. as well, in this mortgage, it is necessary that the mortgaged property ought to be transferred to the creditor. it is worth mentioning that the possessory mortgage was also recognized the romans. in the past, the possessory mortgage was criticized when the debtor (mortgagor) handed over the possession of the mortgage to the creditor or handed it over to a third party that both of them had agreed upon. however, in contemporary laws, the delivery of mortgaged materials is not considered an important pillar, but only as an obligation arising from the contract. it means that a mortgage is currently a consensual agreement and can only be done with mutual consent. the provisions of possessory mortgage are regulated from article 1770 to 1801 in the afghan civil code. regarding the definition of the possessory mortgage, the afghan civil code state that “possessory mortgage is a contract on the basis of which mortgager undertakes to give his property to possession of mortgagee or another trustee person in exchange for a financial right whose full or partial payment shall have priority over rights of the first-degree creditors and creditors of lower degrees.” it is clearly inferred from the mentioned article that based on the possessory mortgage, the mortgagor give his real estate or movable property to the mortgaged or his legal representative against the debt he/she is responsible for, so the debt is delayed. in this case, the mortgaged acquires the first right to other creditors by selling the property. official mortgage the afghan civil code defines official mortgage as “official mortgage is a contract on the basis of which https://journals.e-palli.com/home/index.php/ajsl pa ge 23 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 21-24, 2023 creditor gains real right over estate that is allocated to discharge of debt and, due to this, creditor shall have priority right over other ordinary creditors and lower degree creditors and he may recover his credit from the estate in whomever possession it is.” it is inferred from the mentioned article that the official mortgage only encompasses immovable property, not movable property. accordingly, in the official mortgage, the real estate remains under the possession of the mortgagor. in case, if the debtor or mortgagor fails to pay the loan, then the mortgaged has the right to sell the mortgaged property. and whenever the mortgaged property is sold, the mortgaged gets the right of priority over all the other debtors in getting his loan. official mortgage has a number of features that which are going to be discussed as follows. first feature the official mortgage should be registered. a formal mortgage must be established by the mortgagor and mortgaged through formal proceedings. clause 1 of the article 1833 of the civil code of afghanistan states that “official mortgage shall not be concluded, unless on the official paper that is completed by relevant officials.” second feature a formal mortgage is not formed on any other properties other than the real estate. but unless the law dictates differently. unlike the possessory mortgage, which can be formed in movable and immovable property. third feature the mortgager should own the mortgaged property in the formal mortgage. the civil code of afghanistan declares that” mortgager must be the owner of the mortgaged estate and have the capacity to take action on it.” in an official or formal mortgage, the mortgager keeps the property in his possession and only specifies the guaranteed property to the mortgaged from which the mortgaged can get his loan. fourth feature as mentioned above, in the official mortgage, it is not necessary that the mortgaged takes care of the mortgaged goods, but the mortgager can protect the mortgaged property himself. therefore, in a formal mortgage, the owner of the mortgaged property enjoys the privilege of ownership. based on this, he/she can sell or lease the property. fifth feature a formal or official mortgage is not divisible. this means that the official mortgage cannot be such that if the mortgager pays a part of the loan, then the right of the mortgage is considered paid from the portion of the mortgaged goods. rather, the official mortgage continues until the full payment of the loan and remains on the entire property and is not considered to be paid from any parts of the mortgaged goods. sixth feature in a formal or official mortgage, the possession of the mortgager does not change on the mortgaged property, but remains with the mortgagor as before, but like before, the mortgaged property remains in the property of the mortgager. comparison of the possessory mortgage and the official mortgage to make a comparison between the possessory mortgage and the official, first i have to point out the similarities and then the differences as follows. similarities between the possessory and formal mortgages first both the possessory and the formal mortgages are formed as a result of the contract. second both the possessory and formal mortgages are kinds of subsidiary property right. third both the possessory and the official mortgages are not divisible. fourth the mortgaged has the right on the entire mortgagor until he has received the loan. differences between the possessory and formal mortgage first since the mortgage is formed with the mutual consent of the parties, it does not to be registered. on the other hand, the official mortgage needs to be registered. second the possessory mortgage can be in both movable and immovable property and the official mortgage can only be in immovable property. third in possessory mortgage the mortgaged property is transferred to the mortgaged, but in official mortgage, the mortgaged property remains under the control of the mortgagor. fourth the mortgaged property remains with the mortgagor. but if the loan is not returned back from the debtor to the mortgaged, the mortgaged has the right to sell the mortgaged property. when the mortgaged property is sold, the mortgaged has the priority to get the loan back. conclusion at the end of this research, the researcher has reached https://journals.e-palli.com/home/index.php/ajsl pa ge 24 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 21-24, 2023 to the conclusion that according to the afghan civil law mortgage is divided into two types: official mortgage and possessory mortgage. both the official and possessory mortgage has a number of similarities and differences with each other. both mortgages are formed as a result of a contract. moreover, both the possessory and formal mortgages are kinds of subsidiary property right and both the possessory and the official mortgages are not divisible. additionally, the mortgaged has the right on the entire mortgagor until he has received the loan. apparently, the official and possessory mortgages have some differences. the official mortgage has to be registered in an official document but the registration of the possessory mortgage is not required and just the mutual consent of the parties is sufficient. furthermore, the possessory mortgage can be in both movable and immovable property and the official mortgage can only be in immovable property. moreover, in the possessory mortgage the mortgaged property is transferred to the mortgaged, but in official mortgage, the mortgaged property remains under the control of the mortgagor. as well as, the mortgaged property remains with the mortgagor. but if the loan is not returned back from the debtor to the mortgaged, the mortgaged has the right to sell the mortgaged property. when the mortgaged property is sold, the mortgaged has the priority to get the loan back. recommendations after conducting this research, i make the following recommendations and suggestions to the readers and future researchers. 1. the researcher suggests to the people to be very cautious in the mortgage contract and refrain from doing todays customary forms of mortgage, because this customary mortgage is forbidden in islam. 2. since in this research article, the researcher has compared only the possessory and official mortgage, the researcher suggests to the future researchers to compare and implement the official and possessory mortgage with the forms of customary mortgage, and mention the practical examples. references ashrafi, m. (1388). sha’air al-islam fi masal al-halal wa haram (the rites of islam in issues of halal and haram). tehran, iran. 2. abdullah, n. (1397). property law. saeed publications, kabul, afghanistan. ameed, h. (1389). ameed persian dictionary. publications of rah rushd, iran. zaheili, w. (1414). al-fiqh al-islami wadalta (islamic jurisprudence and its evidence). dar al-fikr library, beirut. 9. jubal, m. u. (1381). mujallah al-ahkam al-adliyya journal of judicial rulings, a collection of jurisprudential rules. codification or organization, kabul, afghanistan. sanhouri, a. r (2002). al-wasit fi sharh al-qunun almadani. ahiya al-trath al-arabi. beirut, lebanon.10. ali haider, (1428). darr al-ahkam by ali haider (2nd ed). dar al-kutab al-alamiyyah, beirut, lebanon. kasani, m. (587 ah). badaa’ al-sana’i fi tartyb alshariee. dar al-kutab. beirut. nazeer, d.m. (1396). property law in islamic jurisprudence and civil law of afghanistan (2nd ed). hamid risalat publications, kabul. civil law of the islamic republic of afghanistan (1355). official gazette. 353. 2. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 25 american journal of society and law ( ajsl) prevalence of beggars and street children in the city of sorsogon emma s. perena1*, edna l. hapin1 volume 2 issue 1, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i1.1230 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: january 22, 2023 accepted: february 13, 2023 published: february 21, 2023 this study determined the prevalence of beggars and street children in the city of sorsogon. it focused on the profile of beggars and street children, the determinants for street begging and presence of street children and the problems encountered as perceived by the respondents. the study is both a quantitative and qualitative descriptive method of research. a survey questionnaire is the main instrument in gathering the data. an unstructured interview was also utilized to supplement the interpretation of the results. the respondents of the study were 153 street children and beggars in the city of sorsogon. they were purposively and conveniently chosen. the street working children have the age range from 5-15 years old, most of them were male, did not finish their elementary grade, have stayed for 1-5 years, physically fit and bicolanos. poverty is the common cause of begging and becoming working street children in sorsogon city. the respondents perceived being prone to hazards and risk in the streets as the most distressing problems. it is recommended therefore that the different institutions, the local government, church and other institutions may collaborate and extend their knowledge and assistance to these street children and beggars. further, it is recommended that a sustainable rehabilitation scheme should be endeavoured by the local government, that it would encompass the diverse needs of the beggars and street children and promote the upliftment of their social well-being thus, children should be sent back to school and the government may provide educational provisions to support their educational needs. create and deliver a responsive and sustainable livelihood program that would promote social progress to help these people alleviate poverty. the church may also conduct education to these children and beggars that would inculcate moral values and uplift their social beings. intensify the implementation of related policies and strengthen the conduct of activities that would discourage street children and beggars from coming back on the streets. keywords prevalence, beggars, street children 1 sorsogon state university, philippines * corresponding author’s e-mail: emmaperena@yahoo.com introduction one of the advocacies for national development is to achieve social progress and advancement of people in an urban and rural area. the conditions of social stability and the principle of equal rights are paramount to economic and social development. government requires a mediumterm development plan that translates the programs and projects that promote social development and poverty reduction. however, despite the efforts of addressing the problems that hinder development ,urban problems are still considered as global challenge. begging and increasing number of street children are the universal urban problems. this scenario is not peculiar to any country of the world. the world science report in 2010, revealed that there are up to 150 million existing street children in the world. according to west (2003), street children are those who live in the street and are separated from family. they are classified as groups that are vulnerable to risks and coming to a conflict of law. the characteristics of street children are those who engage in begging, shoe shine, as flower seller, barker, etc. there are also events that these children are used for petty crimes. an estimated 1.5 million street children are scattered in the philippines based on the 2008 report of psa. ( philippine statistics authority). majority of them or 70% occupies the manila area. in the absence of updated data in the philippines on begging, it is evident that beggars in the streets are visible everywhere. begging and the increased number or street children often equated with poverty, hence it could be feasible that the increasing number of poverty incidence by 25.8 percent in the early 2014 report of psa could be linked to the increasing number of beggars and street children in the country. the right to protection against violence, abuse, and neglect is expressly stated in the convention on the rights of the child. additionally, it emphasized the need for protection against financial exploitation. the key elements of these articles apply to the situation of street children. according to the psa, data on children, including other non-income indicators on children in poverty, are crucial since they represent the future of our country. the recent data on education in the philippines indicates that the nation’s human capital has declined in quality. street begging and the presence of street children are global issues. even developed nations are not immune to this social hazard, which may not always be adequately supervised or controlled by responsible adults and includes the two coexisting categories that unicef refers to as those “on the street” and those “of the street,” despite the fact that it is significantly higher in developing nations. in the philippines has been struggling and battling poverty for over decades. children suffer the most from its pervading societal problem since they https://doi.org/10.54536/ajsl.v2i1.1230 https://journals.e-palli.com/home/index.php/ajsl pa ge 26 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 25-29, 2023 are the most vulnerable group in the population. (pids 2014). the unicef reported there are about 150 million street children in the world. 30% of the population in the pacific region belongs to a poverty line, 40% of this population are children and young people. ( west 2003). osa and ayano (2012) point out that street begging is associated with homelessness, poverty and family rejection. they also mention that children or young people are the most who engage in begging. they also suggest that counselling is needed in the particular problem and it should start on the family. street children are also vulnerable to sexual abuses. mehta, et al (2011) found that street children manifested to have sexually exploited. these children are being trafficked to the commercial flesh trade. incidents of sexual assaults on the streets happened at night due to exposed and unsafe sleeping place and is taken advantage by strangers, older street people and other street kids. baltazar et al, (2012) purported that demographics of beggars showed the causes of street begging. their study revealed that poverty, laziness, disintegration, traditional life and death of parents are the causes of incidence of begging. the findings encouraged socio economic security among families and provide awareness on the negative consequences of begging. the city of sorsogon is not exempted from urban problems. it also evident , the presence of street children and beggars in the streets in the vicinity. they are visible and they can be seen everywhere. begging and the street children in the city of sorsogon is an outcome of homelessness and displacement. this is also due to the result of some factors such as physical disability and mental illness. the street children in sorsogon same with other street children also work as peddler, barker, shoe shine cleaner, beggar etc. there are also reported incidents where these children are involved in petty theft and drug use. vandalism and other petty crimes are sometimes associated with street begging the rising number of beggars displays the social condition and poverty threshold of particular community. this scenario is alarming for the fact that these children are prone to risks and misfortunes. the general welfare of these children and beggars are at stake. these conditions have motivated the researchers to undertake a survey in sorsogon city along the increasing number of beggars and street children. objectives of the study this study determined the prevalence of beggars and street children in the city of sorsogon. specifically, it answered the following questions: (1) determine the reported beggars and street children from year 2012-2016 (2) determine the profile of beggars and street children along age, gender, educational attainment, length of stay in the street, classification, health condition, ethnicity; (3) identify the determinants of the presence of beggars children in the streets; (4) identify the problems met by the beggars and street children and (5) provide recommendations based from the results of the study. methodology this study utilized a descriptive method of research. the study is both a quantitative and qualitative research. the survey questionnaire was the main instrument used in gathering the data. it was supplemented with documentary analysis and structured interview to get an in depth interpretation of the data gathered . the instrument contains the profile of the respondents, determinants of the presence of beggars and children in the streets and the problems met by the respondents. a total of 153 beggars and street children served as the study’s respondents. they were purposively and conveniently chosen as sample of the present research. results and discussion it can be gleaned from the table that there is an increase table 1: reported street children and beggars in the city of sorsogon 2012 2013 2014 2015 2016 street children 189 189 189 201 205 beggars 15 18 21 25 30 source. sorsogon provincial social welfare and development of street children and beggars from year 2012 to 2016 based on record of the pswdo. some of these street children and beggars are coming from nearby municipalities who regularly go for begging in the city of sorsogon. according to the pswdo, during october, there are about 10-15% increase of street children and beggars in sorsogon city who were identified as badjaos who are coming from samar, leyte and cebu. these people temporarily live on street corners and sidewalks, beg for alms, and leave the place in january. despite the intervention activities of the local government for the children and parents, beggars and street children are still prevalent in the city. the pswdo explained that many activities have been conducted by the agency such as food assistance, educational assistance, balik eskwela program, counselling services, life skills activity, education campaign, street education, feeding program and rescue operations for street children. while for the parents livelihood assistance and education campaign for child rights are offered to them. however, same would go back on the streets and it has become a trend and usual course. profile of the respondents age table 2 presents the age of the respondents. it can be https://journals.e-palli.com/home/index.php/ajsl pa ge 27 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 25-29, 2023 viewed from the table that majority of the respondents were children or minors, ranked second are the beggars and streetchildren who their age ranging from 16-25. while the 3rd rank are beggars ranging from 46-78 years old, there are minors and adult beggars on the streets. this also connotes that at a very young age these children were exposed to risks and hazards in the streets. the constitution stresses that children should be in the care of parents and guardians and protect them from any exploitation and negligent treatment. it suggests that their age shows these children should be at school and learning rather than working for a living. on the other hand, there were some adults who also on the streets who engage in begging as the means of living. table 2: profile of the street children and beggars in sorsogon city age f r 5-15 years old 106 1 16-25 years old 18 2 26-35 years old 6 5 3645 years old 7 4 46-78 years old 16 3 gender male 112 1 female 41 2 educational attainment elementary level 130 1 elementary graduate 23 2 length of stay in the street as beggar and street children 1-5 years 73 1 6-10 years 50 2 11-and above 10 3 classification street living children 13 3 street working children 61 1 children from street families 9 4 beggars on the streets 38 2 beggars of the street families 32 3 health condition physically fit 127 1 with disability 26 2 ethnicity bicolano 131 1 badjao beggars 22 2 the same table revealed that majority of the respondents were male. this means that most of the street children and beggars in sorsogon city were represented by men. this indicates that the street children believe as the culture dictates that man is the one responsible for providing the needs of the family. they explained that men were stronger and more resistant to the harsh conditions in the streets. they believe that they could better survive than females. the findings also conveys that parents are aware or permit their children to work in the streets. it can be seen from the table that the respondents have reached only the elementary level and only few graduated. this shows that these respondents had to stop attending to school because they were obliged to work for a living. the table also shows the length of stay in the street as beggars and street children. it shows that most of the respondents have in the street for1-5 years. this was followed by 6-10 years and above. this indicates that since the majority of the respondents are street children. their length of stay varies to their age. while on the other hand, the beggars are represented by adults and begging is their primary source of living thus, this it is presumed that they already stayed in the streets for longer time. meanwhile, it also shows that as to classification, it is viewed that most of the respondents were street working children, who spend most of their time in the streets, and return to their home regularly. this indicates that these children were deprived of the right to have the basic education. although the government has provided free access to education to all children as their prime right, these children would prefer to work because providing the basic need like food is still a challenge to them. https://journals.e-palli.com/home/index.php/ajsl pa ge 28 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 25-29, 2023 the table also revealed that 127 respondents are physically fit while 26 were respondents have physical, mental disabilities and illness. the result shows that most of the respondents who are physically fit are the street working children. while most of the beggars are those with disabilities. however, ethnicity, custom are added variables to begging. the badjao beggars disclosed that it has become their practice that has been passed from generation to generation that begging is an economic activity, thus a source of income. it can be deduced from the table above that almost street children and beggars are indigenous of the locale. this means that the street children and beggars are conducting their activities in their home areas. while a number of beggars are migrants who stay in a place for a shorter period of time and then transfers to another. they come from a different home origin such as leyte, samar and cebu. namwata et al (2011) stressed the ethnicity as the demographic dimension is one factor that influences beggars to migrate from one place to another. determinants for begging and staying in the street the children respondents disclosed the following reasons why they are on the streets were: as a source of living the respondents both the street children and beggars, poverty and lack of financial resources were the main reasons why the beggars and the children are on the streets. they take the chance of asking help from the benevolence of other people. the street children at very young age were forced to work to help their parents to survive their daily needs. about 40% of the street children work as barker, vendor in the wet market and an errand/ baggage boy. the parents disclosed that they allow their children to work and help them as they themselves as parents could hardly ease the financial burden for their subsistence. this is attributed to the large number of members in the family, and some households, only the father works as the primary source of income, while the mother has to stay at home to rear their children. parents earn below minimum, the family belongs to poverty line. however despite the impoverished life, the children are full of hopes and dreams. some of them would wish that they could go to school regularly as they believe education will alleviate them from economic disadvantage. though entangled with the realities of poverty, it never stops them from hoping that their families could have a better living. the adults expressed that their age and their limited educational qualification could not permit them to engage in a decent job. aside from this is the lack of financial capabilities of their families to support them were some of the reasons why they prefer to beg. old age while for the beggars, they explained that these are the only means they could support their daily needs primarily their food. since most of the beggars are at old age, which constitute 11% of the total sample population, they claimed that there are no chance for employment opportunities that may be offered to them due to their limited physical abilities. another factor, most of the beggars have their family and children, however, it is explained by the beggars that they have to work for living on their own since, their children were also struggle to sustain their daily needs thus, it forces these beggars to live independently. family challenges children revealed that they stay in the streets for they ran away from their families because of domestic violence they experienced from their parents. a child explained his father is a drunkard who many times hit him when drunk. thus he preferred to stay on the streets on work on his own as he feels safer than in his home. another, is the rivalry with sibling and cruelty of their relatives, when their parents died, they live under custody of their relatives however, the child revealed that he experienced maltreatment and this caused him to ran away and stay on the streets. abandonment a child beggar said, he began begging when his parents left him when he was nine years old to work in manila. at present the child, go for different places and ask for food. in the afternoon he would stay at downtown for begging. there are occasions the child sleeps at the street corners. when interviewed, he said that he has no place to go home, he does not even know his relatives. he said he once rescued by dswd and brought to shelter, however he escaped for he was not comfortable living with his fellow young boys. he also unveils, he likes to stay on the streets for he could easily get money from begging. disability/illness some of the beggars of old age and children who served as informants of the study are suffering from physical disabilities and mental illness. 6% ot the recorded street children and beggars are with disabilities. few respondents divulge that their disability is their reason why they are on streets and begging is their make for a living. while one minor who has mental illness begs for alms and there are incidences this young boy was bullied and resulted to physical abuses. another case, is a young boy who suffers from filariasis, this illness he revealed caused him humiliation from among his classmates and the reason why he stopped from going to school and led him to begging. the child revealed since he acquired the disease he has never yet undergone any medical treatment, this is due to financial constraints. in an interview conducted with the parent, the young boy was inflicted since 2013. her husband abandoned them with other two boys and she works as a laundry woman on a part time basis since she also suffers from tuberculosis. in as much as she would want that her young boy be treated however she has to prioritize their daily need. https://journals.e-palli.com/home/index.php/ajsl pa ge 29 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 25-29, 2023 migration some of respondents identified and claimed themselves as badjaos beggars. this is an ethnic tribe that is also known as sea gypsies. the ethnic group has a very distinct culture. however, due to conflict and forces between the government and rebels in the mindanao, they were displaced and live in an extreme poverty. it has become their practice to migrate from one place to another, and not to stay permanently in one place they said that begging is the easiest way for a living. they also explained that one of the reasons of moving out from their place is because of the scarcity of the source of living from their place. the pswdo disclosed that during christmas seasan, there is a 10-15 percent of badjao beggars scattered in sorsogon city and tend to leave the city after the season. these aggregated reasons provide a clear view that in this situation children are the most vulnerable and the ones who suffer most. it also portrays that these children manifest the ability to help their family for daily living. moreso, it also appears that these children would rather risk and gamble their lives to the hazards in the street just to help their family or provide their own daily needs. this result is consistent with the findings of osa and ayano, where they revealed the four causes of begging indicated by the respondent, poverty and homelessness in particular are covariates frequently associated with begging. problems encountered the respondents confided that since most of their time were spent in the streets as this serves as the venue of the source of their living, they experienced varied problems. the street children and beggars revealed that they got sick because of the harsh weather, others experienced physical abuses particularly the children who were bullied sometimes by their fellow children who are older than them. some children were exposed to different vices and peer influence. while the adults explained that sometimes they met an accident particularly those with disabilities. they also disclosed that sometimes they received harsh words from the people. these unfavorable conditions indirectly and directly affect their activity according to them. this means that they perceived these problems as the most distressing circumstances. pswdo revealed flocking of the badjao beggars on the street of sorsogon city sanitation becomes a problem. many complaints received by the authorities about the unruly behaviour of these badjao beggars. likewise, the womens and children protection desk (wcpd has recorded a number of incidences where the street children are involved in theft, bullying, and other petty crimes. record showed for the year 2016 fifteen minors, whose age 9 as the youngest have committed petty crimes. conclusion and recommendations based from the findings, conclusions were drawn. most of the street children, their age are ranging from 5-15 years old, majority are male, have an educational attainment of elementary level, have stayed in the streets for 1-5 years, they are street working children and beggars of the streets, physically fit and bicolanos. the primary reason for becoming street working children and beggar was due to multidimensional poverty. it found out the respondents experienced varied problems in the streets while working and begging. • it is recommended, therefore that the different institutions, the local government, church and other institutions may collaborate and extend their knowledge and assistance to these street children and beggars. • further, it is recommended that a holistic and sustainable rehabilitation scheme should be endeavoured by the local government, that it would encompass the diverse needs of the beggars and street children and promote upliftment of their social well being thus, children should be sent back to school and the government may provide educational provisions to support their educational needs. • create and deliver responsive and sustainable livelihood program that would promote social progress in order to help these people alleviate from poverty. • the church may also conduct education to these children and beggars that would inculcate moral values and uplift their social beings. • intensify the implementation of related policies and strengthen the conduct of activities that would discourage the street children and beggars from coming back on the streets. reference andrew west (2003). street children in asia and the pacific. https://think-asia.org/bitstream/handle/11540/2287/ margins.pdf?sequence=1 bermillo, zyra. (2012). extent of implementation of comprehensive program of special protection of children against abuse, exploitation and discrimination act (ra 7610). convention of the rights of the child primer bhaskaran, r., & mehta, b. (2011). surviving the streets: a census of street children in delhi by the institute for human development and save the children. delhi: save the children. https://www.academia. edu/22166370/street_children namwata, b. m., baltazar, m. l., mgabo, m. r., & t dimoso, p. (2012). categories of street beggars and factors influencing street begging in central tanzania. https://www.ccsenet.org/journal/index.php/res/ article/view/19479 philippine institute for development studies (2014). child poverty in the philippines. provincial social welfare and development report 2012-2016. philippine statistics authority report. (2008). philippine statistics authority report. (2014). women and children protection desk report.(2010). world science report. (2010). https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 38 american journal of society and law ( ajsl) authority of the notary in making murabahah deeds citra kartika lazuardini bakhtiar1*, rahmadi indra tektona1, ayu citra santyaningtyas1 volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.1713 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: may 31, 2023 accepted: june 22, 2023 published: july 04, 2023 the background of this research is that there are notaries who still make sharia contracts without paying attention to or in accordance with sharia principles, especially for nonmuslim notaries. the purpose of this study is to provide an understanding of the authority of a notary in making a murabaha contract deed in islamic banks. this research, which uses normative legal research methods with a statute legal approach and conceptual approach, resulted in the following findings: first, with regard to the legal requirements of the agreement in making a murabaha contract deed by taking into account sharia principles; and second, with regard to the professional code of ethics of a notary.keywords authority, notary, murabahah deeds 1 faculty of law, university of jember, indonesia * corresponding author’s e-mail: citrakartika15@gmail.com introduction contracts are essential in every transaction, including akad in sharia business. for an agreement to have legal force, it must be recorded before a notary (aidil, 2011) in this regard, every industry, including sharia business, always requires a notary as a public official who does authentic deeds by their duties as stipulated in the law of the republic of indonesia number 30 of 2004 concerning the position of notary as amended by law number 2 of 2014. they concern amendments to law number 30 of 2004 concerning the position of notary (after this referred to as uujn) (aidil, 2011). notaries by the state are authorized to carry out some of the state’s duties in private law (aidil, 2011). in guaranteeing certainty, order, and legal protection, authentic written evidence regarding actions, agreements, stipulations, and legal events made by or before a notary is needed (aidil, 2011). the importance of role of a notary in sharia business is related to making an agreement or deed, where for a contract to have legal force, it must be recorded before a notary. related to this, every business, including the sharia business, always needs a notary as an official who does authentic deeds by their duties regulated in uujn (aidil, 2011), including in the islamic banking sector. banks, as financial institutions, utilize notary legal services in every business agreement, such as financing and credit agreements, including additional contracts regarding collateral binding (yusup, 2018). generally, conventional banks involve a notary in making a deed of understanding compared to islamic banks. however, currently, islamic banks as a subsystem of the national banking system are regulated by a clause in law number 21 of 2008 concerning islamic banking (after this referred to as the islamic banking law) also use notary legal services in all of their business activities, especially those related with a deed of the financing agreement, one of which is a murabahah akad (yusup, 2018). islamic bank products use the principles and principles of sharia economic law; in other words, all recording business agreements outlined in the notarial deed must also refer to sharia economic norms (aidil, 2011). in this regard, the notary who formulates a sharia financing contract is expected to pay attention to the pillars and conditions for the validity of the agreement as determined by islamic law, the clauses listed in each article of the sharia akad can be seen whether the legal construction is in accordance or not by sharia contract law. notaries in formulating islamic banking contract deeds must pay attention to matters regulated in the uujn and the importance of understanding the field of islamic banking as stated in article 2 of the islamic banking law, which essentially states that islamic banks carry out their economic activities based on sharia principles (efendi, dkk, 2019). there are no specific regulations regarding the form of a sharia deed or clauses for a sharia akad deed in uujn. in practice, contracts between banks and customers still refer to positive law and notarized financing contracts. the form of a sharia deed notarized to be called an authentic deed must comply with the applicable laws and regulations. therefore a notary in formulating the form of a sharia akad deed must pay attention to the conditions in article 38 uujn (efendi, dkk, 2019). in practice, many notaries make sharia contracts that are not following sharia principles, and this happens to notaries who are not muslims at all and only accept orders from sharia banks who don’t even know anything about the pillars and terms of the validity of a contract based on sharia (aidil, 2011). based on this, of course, there is a need for legal certainty regarding the authority of a notary in making a murabahah akad deed and regarding the form of doing a murabahah deed, especially for nonmuslim notaries. bearing in mind that in making a sharia https://doi.org/10.54536/ajsl.v2i2.1713 https://journals.e-palli.com/home/index.php/ajsl mailto:citrakartika15%40gmail.com?subject= pa ge 39 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 38-43, 2023 banking deed, a notary must have in-depth knowledge of sharia principles because an act of sharia banking is not the same as a deed in general because a deed of sharia banking will be valid if it fulfills the pillars and conditions of the contract in islamic law. based on the background description above, one problem becomes a legal issue in writing this scientific paper: what is the authority of a notary in making a murabahah akad deed in an islamic bank? literature review notary comes from the word nota literary, which means written marks or characters used in writing or describing the sentences conveyed by sources. the sign or character in question is a sign used in shorthand (tobing, 1980). in essence, the position of a notary is a public official who serves the community’s needs regarding authentic evidence that can provide certainty of civil relations. notaries began to apply in indonesia in the early 17th century with the existence of the oost ind. compagnie in indonesia (tobing, 1980). the authority of a notary exercised in terms of carrying out his position as a notary in doing authentic deeds is an authority obtained by attribution, which is normatively regulated through uujn. the authority of a notary as a public official includes four things, namely: 1) the notary must be authorized as far as the deed made is concerned; 2) the notary must be authorized insofar as it concerns the people for whose benefit the deed is drawn up; 3) the notary must be authorized insofar as it relates to the place where the deed was drawn up; 4) the notary must be authorized as long as it is related to the time of doing the deed (tobing, 1980). according to murabahah, it is a sale and purchase carried out by someone based on the seller’s purchase price plus profit on the condition that both parties must know (umam, 2007, p. 116). according to the language, murabahah is an act of mutual benefit between the two parties, namely the first party as the one who asks for the purchase and the second party who buys it (umam, 2007, p. 116). in channelling funds in the form of financing based on a murabaha contract, the following conditions apply: a.) the bank acts as a party providing funds to purchase goods related to murabahah transaction activities with customers as the purchasers of goods; b.) goods are objects of sale and purchase of which the quantity, quality, acquisition price, and specifications are known; c.) banks are required to explain to customers the characteristics of financing products based on murabaha contracts, as well as the rights and obligations of customers as stipulated in bi regulations regarding transparency of information on bank products and the use of customer personal data; d.) banks are required to analyze financing applications based on murabahah contracts from customers, which include personal aspects in the form of analysis of character or business aspects, including analysis of business capacity (capacity), finance (capital), and business prospects (condition); e.) banks can finance part or all of the purchase price of goods whose qualifications have been agreed upon; f.) banks must provide funds to realize the supply of goods ordered by customers; g.) the margin agreement is determined only once at the beginning of financing on a murabahah basis and does not change during the financing period; h.) banks and customers are required to put the agreement in the form of a written agreement in the form of a financing contract on a murabahah basis, and i.) the period of financing the price of goods by the customer to the bank is determined based on the agreement between the bank and the customer (umam, 2007). materials and methods the research method in writing scientific papers uses the normative legal research method, which focuses on applying rules or norms in practical strategies. this normative legal study studies formal legal principles such as laws, procedures, and literature with theoretical concepts (efendi, dkk, 2019). in practice, this method is used by the author to examine the authority of a notary in making murabahah contracts, especially those in islamic banks; where to answer this study, the author uses 2 (two) approaches, namely the statute legal approach analyzing various laws and regulations, laws relating to the authority of a notary in making a murabahah deed, and a conceptual approach by analyzing several books or legal journals that discuss the authority of a notary in doing a deed. results and discussion legal basis for notary authority in making deeds authority comes from the word authority in dutch, “bevoegdheid” which juridically means the ability granted by laws and regulations to cause legal consequences (indrohato, 1994). in administrative law, authority can be obtained through attribution, delegation, and mandate. the authority obtained by attribution is the granting of new authority to a position based on laws and regulations. the authority obtained through commission is the delegation of existing authority based on statutory regulations. the authority accepted to employ a mandate is given because the competent person cannot (adjie, 2008). related to this, authority is also often equated with the term power because the power the executive, legislature, and judiciary possesses is formal (setiardja, 1990). authority is the power to decide to order or delegate responsibility to others. according to prajudi atmosudirdjo, authority is the power to take all actions in the field of public law, while the power to take action in private law is called rights (atmosudirdjo, 1998). another definition of authority is the right of an individual to perform specific actions with certain limitations where other individuals recognize these actions (irianty, 2010). based on some of the definitions of authority above, authority is a person’s right to carry out certain activities or actions, where law, superiors, or other people can grant the right (authority). in connection with the explanation above, discussing the https://journals.e-palli.com/home/index.php/ajsl pa ge 40 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 38-43, 2023 authority of a notary in doing a deed, as the theory of authority, which consists of 3 (three) sources, attribution, delegation, and mandate, the authority that is the right of a notary to do a deed is an attribution authority, namely the granting of authority that new to a position based on a statutory regulation or the rule of law, in which case the notary obtains a source of authority from law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of notary (after this referred to as uujn). based on the uujn, a notary as a public official has the authority to do deeds within the scope of civil law as stipulated in article 15 paragraphs (1), (2), and (3) uujn, with a vast range of authority of a notary in the civil field. notaries are given the authority to do authentic deeds regarding all actions and agreements stipulated by laws and regulations and desired by interested parties to be stated in authentic acts. not only in terms of positive indonesian law, but islamic law also regulates the authority of a notary in doing authentic deeds that are implicitly contained in the qs. al-baqarah verse 282, whose translation is as follows: “o you who have believed! when you contract a debt for a specified term, write it down. and let a scribe write (it) between you in justice.” (departemen agama ri, 2002) the provisions above show that the qur’an has expressly regulated that every transaction is ordered to be written or recorded, and this is implemented by a notary in making an authentic deed. discussing authentic deeds, in article 1868 of the civil code, it is explained that an authentic deed is a deed drawn up in a form determined by law by or before an authorized public official, where the public official referred to in this case is a notary (see article 1 uujn). furthermore, article 1870 of the civil code emphasizes that an authentic deed provides perfect evidence of what is contained in it, meaning that when a dispute occurs, the authentic deed drawn up by a notary is strong evidence that cannot be denied the truth. in connection with the explanation above, knowing and understanding that not all deeds can be called authentic deeds is necessary. a deed can be said to be an authentic deed if it fulfills the following conditions (koesoemawati & rijan, 2009): a. the form of the deed follows the law. the authentic deed has its pattern. related to that, if someone is going to do a deed before a notary, they cannot make their format. b. an authentic deed is made before a public official appointed by the state. the notary is a public official with the authority to do authentic deeds. notaries are set by the state through the minister of law and human rights, as explained in article 2 uujn. c. an authentic deed is done by an authorized official or a notary with the right. notaries on leave or having problems are not allowed to do authentic deeds. a notary whose license is suspended or does not yet have a permit cannot do an authentic deed. based on the description above, the role of a notary in doing a deed is essential, so the law also gives this authority to a notary. notaries are given the authority to make deeds from agreements made by the parties, both deeds to business, such as sale and purchase transactions, leases, or acts in the private sphere, such as deeds of grants, inheritance, etc. it is not surprising that in the world of sharia business, notaries have an essential role, one of which is islamic banking. deed of murabah akad in an islamic bank as one of the deeds made by a notary every transaction in sharia business is indeed inseparable from the name of the agreement or what is also known as the akad. the akad is used in binding agreements between the islamic bank and the customer regarding raising and channeling funds at islamic banks. in this regard, the akad must be made before a notary for a compact or akad to have legal force, so every business, including islamic banking, always requires the role of a notary. the development of sharia banking, which until now has become a necessity, makes transactions through various sharia contracts also increasingly in demand by the public, one of which is murabahah akad. related to this, the increasing public interest must, of course, be balanced with the existence of legal protection for the parties, both islamic banks and customers, and the form of protection that can be carried out is through the making of a murabahah akad deed made before a notary. the uujn does not explicitly explain the types of deeds or agreements that are the authority of a notary. still, it is implicitly said that a notary is given the power to do authentic deeds regarding all actions, agreements, and stipulations required by laws and regulations or desired by interested parties (parties) to be stated in an authentic deed. this means that a notary may make any deed originating from an agreement as long as it does not violate the provisions of the law, including deeds developing from a contract or murabahah akad. according to muhammad syafi’i antonio, a murabahah akad is a sale and purchase agreement at the original price plus a profit agreed upon by both parties (antonio, 2001, p. 101). muhammad also stated that murabahah is a contract of sale and purchase of goods for the cost of the goods plus the agreed profit margin (muhammad, 2014). based on the sale and purchase agreement, the bank buys and sells the ordered goods to the customer. the bank’s selling price is the supplier’s purchase price plus the agreed profit. the bank must honestly notify the cost of goods to the customer along with the costs involved. this concept is in line with the opinion of irma devita purnamasari and suswinarno, who provide the idea of murabahah, namely, the bank buys goods from producers, then resells them to the customer plus the profit agreed upon by the bank and the customer (purnamasari & suswinarno, 2011). in indonesia’s positive law, murabahah is also regulated in article 20 paragraph (6) of supreme court regulation number 2 of 2008 concerning the dissemination of the https://journals.e-palli.com/home/index.php/ajsl pa ge 41 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 38-43, 2023 compilation of sharia economic law (khes), which states that murabahah is the most profitable financing contract carried out by sahib al-mal with parties which requires a buying and selling transaction by adding the agreed profit (see the provisions of article 20 paragraph (6) khes). there is also a rule in the dsn-mui fatwa no. 04/iv/2000 concerning murabahah financing. in practice, the murabahah akad is one of the contracts that are in great demand because several factors distinguish it from other agreements, namely; first, the clarity of the buyer (customer) where islamic banks do not need to provide goods without a clear buyer; second, the clarity of the benefits obtained by islamic banks, because islamic banks can ensure the benefits derived from these goods; and third, murabahah financing is more easily practiced by islamic banks at this time (hakim, 2017). in its implementation, there are several conditions of murabahah, including: a.) the initial price must be understood by both parties (seller and buyer). regarding the murabahah akad, the seller must transparently convey the first purchase price of the goods he will sell to the buyer. the buyer has the right to know the purchase price of the goods. this requirement also applies to buying and selling the same type, such as al-isyrak, at-tauliyah, and al-wadhiah; b.) the amount of profit must be known and agreed upon by both parties. the seller is obliged to convey the desired profit, and the buyer has the right to know and even agree on the profit to be obtained by the seller. if one of the two parties disagrees with the seller’s profit, then the murabahah akad does not occur; c.) the introductory price can be known in units, regarding what is meant by teams here: one dirham, one dinar, one hundred thousand rupiahs, one kilogram, one quintal, and so on. related to murabahah and in buying and selling other desired trusts is the transparency between the cost price and the possibility of profit to be obtained. regarding the items to be transacted, the unit is unknown; it will be challenging to determine the profit to be accepted so that murabahah does not occur; d.) murabahah akad are not mixed with ribawi arrangements. excess is not called profit in a murabaha transaction but is still said to be usury because it changes from the original measure; e.) the first contract in murabahah must be valid. if the first purchase is not made authentically, then the murabahah transaction is considered canceled. (afandi, 2009) notary authority in making deeds of murabahah akad in islamic banks the existence of a notary is needed by islamic banks, one of which is when doing deeds originating from agreements or murabahah akad, to provide legal certainty guarantees for the parties, both islamic banks and customers, if one day there is a dispute or dispute. in this regard, as in doing authentic deeds in general, before an agreement is declared authentic, the notary must pay attention and ensure in advance whether the deal is valid and can be accounted for by the parties. discussing the terms of the validity of the agreement, in article 1320 of the civil code, it has been stated that a deal can be said to be valid if it fulfills several conditions, namely the agreement of those who bind themselves, the ability to agree, a particular matter, and lawful causes. in addition to these provisions, bearing in mind that a murabahah akad is a type of agreement or contract in islamic economic law, the notary also needs to pay attention to the terms of the validity of the deal from the point of view of islamic law. in contract law according to islamic law, as stated by sayid sabiq in chairman pasaribu and suhrawardi k. lubis, who explained that in general, the conditions for the validity of an agreement include (pasaribu & lubis, 2004). does not violate the principles of sharia this first condition means that the agreement entered into by the parties is not an act that is against the law or an act that is against the principles of shari’ah in islam (pasaribu & lubis, 2004). if the act violates the principles of shari’ah, then the agreement is invalid. related to this, the invalidity of an agreement results in the deal being null and void by law. in connection with this first condition, if it is connected with a mudharabah contract transaction, this contract is a form of buying and selling, which is permissible and even recommended in islam. this is as stated in q.s. an-nisaa verse 29, whose translation is: “o you who have believed! do not consume one another’s wealth unjustly but only (in lawfull) business by mutual consent. and do not kill yourselves (or one another). indeed, allah is to you ever merciful.” murabahah was even commonly carried out by rasulullah saw and his companions, namely an agreement or contract of sale and purchase of goods by stating the acquisition price and profit (margin) agreed upon by the seller and the buyer (karim, 2004). it must be equally pleased, and there is a choice this second condition means that the contract or agreement made by the parties must be based on the deal, willingness, and pleasure of both parties, where each party wants the contract to be made without any coercion from any party (pasaribu & lubis, 2004). related to this, the notary must ensure that the murabahah akad created by the parties follows the wishes and desires of the parties without coercion from any party. it must be obvious this third condition implies that what is agreed upon by the parties must be obvious and transparent regarding the contents of the agreement to avoid misunderstandings between the parties in the future (pasaribu & lubis, 2004, p. 59). in other words, the contents of a murabahah akad cannot contain elements of gharar. concerning this condition, the notary must ensure that the goods or products that are the object of the agreement must be https://journals.e-palli.com/home/index.php/ajsl pa ge 42 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 38-43, 2023 precise, starting from the description and origin of the goods that are used as the object of the contract, the price and profit margin set, the agreed period, and other things that can clarify the agreement. when the three conditions mentioned above have been met, the murabahah akad can be valid and stated in a deed drawn up before a notary. the need for a notary to pay attention to the legal terms of the agreement is also a factor in evaluating the quality of a notary and the form of accountability of the notary, considering that a notary is someone whose statements are reliable and trustworthy, signatures and seals provide strong, impartial guarantees and evidence and advisors who are flawless. the deed made by a notary also makes an agreement that can protect the parties from the emergence of disputes or conflicts in the future (aidil, 2011). after discussing the matters that a notary must consider in terms of the agreement, several things must also be considered regarding the limitations in exercising his authority as a notary. the matters referred to include, among others, the notary is obliged to act trustworthy, honestly, thorough, independent, impartial, and protect the interests of the parties involved in legal actions (see article 16 paragraph (1) uujn). in article 54 uujn, notaries are not allowed to provide grosse, copies, or quotations, nor are they allowed to show or notify the contents of the deed other than those who have an interest in the act. if a notary violates these provisions, then the notary is deemed to have neglected the authority given to him and, of course, must be held accountable for his actions (sjaifurrachman & adjie, 2011). concerning the notary’s responsibility for the deed he made is at the beginning or head of the deed and the end of the act. at the beginning of the deed, it is the responsibility of the notary because the beginning contains information on the day, date, and time at which the deed was done and also the name and position of the notary who did the act. shows the certainty of the time of doing the deed and shows whether the making of the deed is included in the area of the office of the notary who made it. at the same time, the end of the act is the responsibility of the notary because, at the end of the deed or the closing, it states the reading of the deed and where it was completed. in this regard, the notary’s accountability can be requested as long as the notary is still authorized to carry out his position as a notary. the notary’s responsibility arises from the obligations and authorities granted by law to him. these legally binding obligations and rules come into force from the time the notary is sworn in as a notary, in which this oath should be able to control all actions of the notary in carrying out his position. this is in line with robert b. seidman’s theory about the working system of the law, where when a notary performs his duties in the notary field, the notary serves as the executor of the law. in contrast, when the notary is liable, the notary’s position as the one subject to the law deals with the imposition of sanctions. based on the explanation above, it is understandable that a notary must always adhere to the laws and regulations that apply in indonesia when carrying out their duties. a notary is also obliged to carry out his duties by the ethics mutually agreed upon in the form of a code of ethics. this code of ethics limits the actions or deeds of notaries so that in carrying out their practice, they do not act arbitrarily. a person who has decided to serve as a notary public requires an excellent basic mentality and a mental attitude toward a notary public. the mental attitude of a notary is one of the standards for creating a good notary; that is what is commonly referred to as the ethics of the notary profession (koehn, 2000). conclusion the authority of a notary in making a murabahah akad deed in an islamic bank is a form of attribution authority, namely the granting of new authority to a position based on a statutory regulation or the rule of law, in which case the notary obtains a source of authority from law number 2 of 2014 concerning amendments based on law number 30 of 2004 concerning the position of notary and in line with qs. al-baqarah verse 282. in carrying out this authority, there are 2 (two) things that a notary must pay attention to, namely: 1) about the agreement or murabahah akad made by the parties, where a notary must first pay attention to the legal requirements of a murabahah akad made by the parties, namely based on article 1320 of the civil code and 3 (three) requirements for the validity of an agreement according to islamic law; 2) about the professional code of ethics for a notary, where a notary must pay attention to the provisions that a notary may and may not do. recommendations for notaries, both muslim and non-muslim, in making murabahah akad, in addition to paying attention to the legal terms of the agreement from the perspective of positive indonesian law, should also pay attention to and understand the terms of the validity of the contract from the perspective of islamic law, especially matters relating to sharia principles. references adjie, h. (2008). hukum notaris indonesia (tafsir tematik terhadap undang-undang no. 30 tahun 2004 tentang jabatan notaris). refika aditama, bandung. admosudirdjo, p. (1998). hukum administrasi negara. ghalia indonesia, jakarta. afandi, m. y. (2009). fiqh muamalah dan implementasinnya dalam lembaga keuangan syariah. logung pustaka, jakarta. aidil. (2011). mengenal notaris syariah. citra aditya bakti, bandung. antonio, m.s. (2001). bank syariah dari teori ke praktik. gema insani, jakarta. departemen agama ri. (2002). al-qur’an dan terjemahannya. darus sunnah, jakarta timur. https://journals.e-palli.com/home/index.php/ajsl pa ge 43 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 38-43, 2023 efendi, a, susanti, d. o, & tektona, r. i. (2019). penelitian hukum doktrinal. laksbang justitia, yogyakarta. hakim, l & anwar, a. (2017). pembiayaan murabahah pada perbankan syariah dalam perspektif hukum di indonesia. jurnal ekonomi syariah, 1(2). https://doi. org/10.22236/alurban_vol1/is2pp212-223 indrohato. (1994). asas-asas umum pemerintahan yang baik, dalam paulus efendie lotulung, himpunan makalah asas-asas umum pemerintahan yang baik. citra aditya bakti, bandung. irianty, i. m. (2010). tinjauan yuridis mengenai notaris yang cuti diangkat sebagai pejabat negara, tesis. universitas indonesia, jakarta. karim, a. (2004). bank islam: analisis fiqih dan keuangan, ed. 2. rajagrafindo persada, jakarta. koehn, d. (2000). landasan etika profesi. kanisius, yogyakarta. koesoemawati, i & rijan, y. (2009). ke notaris. ria asa sukses, jakarta. law number 2 of 2014 concerning amendments to law number 30 of 2004 concerning the position of notary. muhammad. (2014). manajemen keuangan syariah. uup stim ykpn, yogyakarta. pasaribu, c. & lubis, s. k. (2004). hukum perjanjian dalam islam. sinar grafika, jakarta. purnamasari, i. d. & suswinarno. (2011). panduan lengkap hukum praktis populer akad syariah. mizan pustaka, bandung. setiardja, a.g. (1990). dialektika hukum dan moral dalam pembangunan masyarakat indonesia. kanisius, yogyakarta. sjaifurrachman & adjie, h. (2011). aspek pertanggung jawaban notaris dalam pembuatan akta. mandar maju, bandung. supreme court regulation number 2 of 2008 concerning the dissemination of the compilation of sharia economic law (khes) yusup, d.k. (2018). peran notaris dalam praktek perjanjian bisnis di perbankan syariah (tinjauan dari perspektif hukum ekonomi syariah. jurnal aladalah, 12(2), 4, https://doi.org/10.24042/adalah. v12i2.208. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 1 american journal of society and law ( ajsl) decolonizingthe concept of penalsanction under the nigerian criminal law aminu abbas abubakar1* volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.1475 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: march 29, 2023 accepted: april 28, 2023 published: may 03, 2023 the conscientious pursuit of crime prevention is a worthy objective of every criminal law and criminal justice system as a whole, and many evidences prove that law and order would break down in the absence of the criminal justice system. withmuchemphasis onpunishment,however, victims of criminal offencesmore oftenbecome alienatedand end up getting immersed in a complex physical and psychological trauma under a criminal proceedingthat does not include them as a formal party. this paper presents adebate on whether the state is a better agent to pursue breaches of individual rights such as murder, rape, burglary, and theft, which are tagged as criminal offences. or is the individual victim better equipped to decide on taking on the case for justice through either retribution or compensation?the paper examines the concept of punitive sanction throughthe postcolonial theory lens and argues forthe decolonization of the coloniallyinherited criminal law and a shift towards a system in which the victim is capable of being empowered by invoking processes that place him within proximity to criminal proceedings. this perspective questions the foundational assumption of the state ordered punishmentas intrinsic to the functions of the criminal justice system.there is a wide array of potential methodologies for studies of this nature, but this paper adopts a basic historical survey through secondary sources. the findings of the paper reveal that the pursuit of justice in all its nuanced forms will be much better served under a justice system that promotes the victim’s right to apply for compensation, damages and restitution in criminal cases through personal remedies. keywords criminal law, punishment, deterrence, justice system and decolonization 1 principal partner: expedient solicitors, nigeria * corresponding author’s e-mail: ibbukar@gmail.com introduction the criminal justice systemin nigeria remains one of thevisible remnants of colonial institutions rooted in the english common law. inherited from the colonial system,the criminal justice system empowers the colonialist, and now the state, to unilaterally arrest, prosecute and punish criminal offenders (otu,1999). the victims of criminal offences’role, at best, is one of supplying the prosecutors with material evidence, after which lies the prosecutor’s responsibility to prove the case beyond a reasonable doubt. often, at the end of a lengthy and quite daunting criminal proceeding, the victims are left no closer to their original social, economic and psychological state, and the convicts are sent to detention centres only to add up to the overcrowded detention centres. this results in victims of criminal offences ending up getting immersed in the complexities of physical injury and psychological trauma under a justice system that does not include them as a formal party. this seemingly flawed justice system represents the english colonial justice system that continued to be revered under the nigerian criminal justice system and viewed as a necessary and universal system for equitable social control without which society would inevitably erupt into chaos and a self-combustive crime scene. despite being acolonial instrument oflegal sanctioning of violence which works as a means to subdue colonized people into acceptingcolonialistdomination, criminal law is now erroneously assumed to be derived from people’s collective moral standard (otu, 1999). the present-day criminal justice systemin nigeria was derived from the king’s mandate which forms an integral part of the british colonial heritage in nigeria (chukkol, 2010). the inherited common law rules of procedure have shown an excessive veneration for the strictly regulated punitive justice that put vengeance over liability to repair the damage, therefore, leaving thevictims as well as courts exercising limited power to provide for restitution or compensation in matters designed as criminal offences.theconcept of punitive justicewas given impetus in postcolonial nigeria through assumptions that the law is objective, and a product of collective public conscience rooted in morality.however, a victimor their relatives who are deprived materially because of the incapacitation resulting from a crime, for example,will find it preposterous and a complete disappointment to be left with nothing and be informed that the state assumes the unilateral jurisdiction over the prosecution and punishment of the offender (chukkol, 2010). this may only compound their agony and deprive them of their right tovindicate and hold accountable the perpetrator of the crime. while many victims continue to suffer from this alien punitive justice administered in nigeria,otherlegal systems around the world continue to redefine the concept of criminal justice and the personal right of individuals to sue and be sued against. in recent legislation on criminal justice system in nigeria, there has been a notable innovation withthe introduction of the administrative of criminal justice act 2015 (acja). the legislation aims to promote efficient management of criminal justice and victims’ compensation. the acja, in section 319 provided that https://doi.org/10.54536/ajsl.v2i1.1475 https://journals.e-palli.com/home/index.php/ajsl pa ge 2 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 1-5, 2023 the court may order the defendant or convict to pay a sum of money as compensation to any person injured by the offence, regardless of any fine or punishment imposed on the convict. in addition to any other penalty, the acja, in section 321, also gives the court the power to order restitution to give or return the property to the designated owner. these and other sections have brought relief to victims of crimes and have presented an opportunity to entrench some forms of restorative justice standards and principles into the nigerian criminal justice system. despite this effort, however, the power to determine and pursue compensatory relief is still not within the victim’s control and the entrenched idea of punitive sanction remains the number one target in all criminal proceedings. this does not represent justice to the victims of criminal offences and therefore seems to be anachronistic and becoming more and more out of touch with the reality of contemporary nigerian society. methodology there is a wide array of potential methodologies for research of this nature, but this paper adopts a qualitative research methodology which entails a review of existing data related to the research topic.theaim is to explore and analyse the concept of punitive justice and its colonial rootin the nigerian criminal law. the qualitative methodological approach serves the essential aim of identifying and collecting secondary data from different historical and legal sourcesto beused in constructing meanings and interpretations of the changing roles of the criminal justice in nigeria and its application.secondary sources used in the researchinclude books, journals, and other relevant publicationsprimarily available in libraries and online. these sources are used to evaluate the existing debates, commentaries, and controversies surrounding the research topic. literature review the colonial root of criminal law and the myth of collective public moral standard before the development of what today is strictly called criminal law, primitive societies maintain public interests and societal norms in a number of ways. when a wrong is done, primitive society demands that someone be hurt as the infliction of death and other forms of vengeance were seen as a realization of justice (pound, 1921). however, with the evolution of human civilization, men demanded a more civilized means of attaining justice that involved putting down brute instincts (ibid). more reasoning was found in the religious doctrines that the evil man whose impiety was offensive to the gods must be put away as a sacrifice to the offended god who might else inflict his wrath upon the whole community (ibid). the newfound means of religious devotion shaped the conditions in which the formative criminal law arises and thus determine in no small degree its subsequent evolution. religious devotion was later replaced, and cases became administered by the sovereign authority through the magisterial power. the magisterial power to punish may be thought of as deriving from the conception that the king is the father of his country, and has jurisdiction over the individual members of the community as the head of a patriarchal household over a dependent member of that household (ibid). as the magisterial power and body of law attain sufficient development, the immediate securing of societal interests as such becomes the task of criminal law (ibid). the existing criminal justice system in nigeria was derived from the english common law which forms an integral part of the british colonial heritage in nigeria. the primary goal of the british colonialjustice system in nigeria wasto facilitate colonial trade and civilization and therefore criminal justice largely exists to establish mandated societal norms and behaviours (chukkol, 2010). any person who deviates from those norms must face the consequence both as a punishment and an example to make sure people behave in the way colonizers deem proper (saleh-hanna, 2008).this is not to suggest that the criminal justice system does not address social morality, however, it became a ‘visible symbol’ of colonialrepression and behavioural guidepost. instead of meeting pain with a truly reparative system that seeks the holistic restoration of the community, the criminal justice was preoccupied with censuring code-breakers and disregarding the process of restoring damaged and repairing broken social bonds (ibid). not attempting to reinforcenative moral conducts and in some casesonly made to operate side by side with the colonial system of justicesubject to thecolonialist test of natural justice, equity and good conscience, is a testament against the collective moral foundation of the colonial justice system. in short, the bulk of theinherited colonial criminal justice system was nota product of nigeria’s people’s collective public conscience.by adoptingthose rules, the postcolonial society only reaffirms and makes concrete diffuse ideas about colonial standards and through such action, the idea of criminal law as the “collective moral standard”wasbeen created and promoted as shared obligations (smith &natalier, 2005). beyond the rhetoric of collective public moral standardsthat seek to establish a sound foundation for a durable social order, a look at the history of most of thenigerian people’s culture and traditions reveals a different story.social control in most traditional nigerian societies was exercised by the community and the family, not by the state (saleh-hanna, 2008). reparation was always at the centre and not punishment. any family member who violated social was in danger of being ostracized by the community until reparations and remedies were undertaken by the family. in this way, the extended family kept a close watch over the activities of its members to ensure good behaviour and compliance with societal norms, so as not to drag the name of the family into the mud and conflict (salehhanna, 2008). contrary to the colonial punitive law, thus, at the heart of the traditional justice system, it is the https://journals.e-palli.com/home/index.php/ajsl pa ge 3 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 1-5, 2023 restoration and reparation of the victim, as well as the chances of reintegration of offenders. the restoration takes many forms, such as compensation or reparation which characterizes the early religious law concept that recognizes monetary payment as honourable and a better option to a blood feud, or the resort to vengeance. it provides the victim with a personal cause of retribution and offers offenders redemption where money could be offered as compensation to avoid the mayhem of the blood feud and other punitive sanctions. the collective moral standard found in criminal justice is nothing but legal constructs which only express the legislative orders that serve as the moribund and bureaucratic strategies of political and economic control under the law rather than morality and social cohesion (findlay 2000). nothing has been said about criminal law protecting the shared societal obligations and sentiments, which is not to a large part applicable to non-criminal law. all offences affect the individual, and also affect the community (hall, 1943), the difference is simply that a crime is anything which is called a crime, and a criminal penalty is simply the penalty provided for doing anything which has been given that name (hart, 1958). in a proceeding concerning criminal offences against property such as stealing, there is hardly any special intrinsic characteristic of criminal conduct distinguishing it from non-criminal conduct (okonkwo & naish, 1980). sentencing a woman to five years imprisonment for stealing two packages of disposable diapers from a supermarket may sound unreasonable and unjustifiable even by moral standards, for it poses little danger or financial loss to the public but to the supermarket owner (ashworth, 2010). the law of torts, the law of contracts, and almost every other branch of private law that can be mentioned operate, too, with general directions prohibiting or requiring described types of conduct, that are injurious to individuals and the general social order in the society (okonkwo &naish, 1980). to maintain social order and its moral standards, society is interested also in the due fulfilment of contracts and most other civil activities. criminaljustice and thenotion of public social orderin the postcolonial state the conscientious pursuit of crime prevention is a worthy objective of every criminal law and criminal justice system as a whole, and there are many evidences that prove that law and order would break down in the absence of the criminal justice system(ashworth, 2010). but is the state a better agent to pursue breaches of individual’s rights such as burglary, theft and murder, which are tagged as criminal offences? or is the individual victim better equipped to decide on taking on the case for justice through either retribution or compensation? justifications for assigning the central role to the state are often derived from the nebulous social contract theory, the essence of which is that citizens give up their natural right to use force against those who attack their interests and hand it over to the state, in return for the state’s promise to protect them by maintaining law and order. thistheory is regurgitatedin the postcolonial state withoutcareful assessment of the legitimacy of those colonial conceptsand standards thatnever considered the victims and their families, or victims and communities as stakeholders in the administration of justice. with the decline of the sovereign state and the increasing devolution of state responsibility to private sectors, the social contract theory is increasingly becoming less relevant and therefore rubbishing the assumption that the state, like the king, reserves the right to prosecute and punish all social vices. this changing pattern of societies has led many states, some in advanced countries such as the netherlands, to change the role of the victims and their families in criminal proceedings (elder et al., 2022). the introduction of the victims’ remedies in nigeria, under the acjl 2015, demonstrates a slow, albeit, an essential paradigm shift towards a modern justice system in which the victim is capable of being empowered by invoking processes that place them within proximity to the criminal justice process. the criminal justice system is beginning to evolve and embrace the place for personal remedy in criminally related offences. punitive justice, which is largely focused on punishing the offender and the power of the state to control criminal prosecutions, is becoming obsolete for its undesirableeffect on victims’ right to participation in criminal justice. the introduction of victims’ remedies in the nigerian criminal justice system so far suggests an evolving role of restorative justice which opens the doors to personal remedies that could help victims (solomon &nwankwoala, 2004). this evolution indicates a systemic response to the difficult challenge faced by victims of criminal offences in colonial criminal justice.to recognize and empower victims to receive monetary and other compensatory damages for more personal property offences, such as theft, assault, battery, burglary, housebreaking, and homicide, denotes the shifting values from a colonialstructure to a justice system that involves the use of private settlement where money or blood is exchanged for the infringement of a right. as a formidable alternative to punitive justice in nigeria, a personal remedy for a criminal offence is becoming increasingly relevant in holding offenders accountable and empowering the victims in the reconciliation process. discussion and analysis decolonization and reform objective of criminal law: reparation over vengeance the conventional wisdom in the assigned role of criminal law as maintained in the deterrence theories is that criminal liability is the strongest formal condemnation that society can inflict, and by inflicting pain and strong condemnation, society expects other people seeking to engage in similar offences shall be deterred (cremona & herring, 1998). to be ordered by a court to pay damages following a criminal offence, according to the deterrence notion, does not carry with it the same kind of stigma and https://journals.e-palli.com/home/index.php/ajsl pa ge 4 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 1-5, 2023 moral lesson that it would be if you had been found guilty of a criminal offence and punished (ibid). hence, the fear of public stigma stands as the most effective tool that helps to strengthen the social order. however,a close analysis will reveal victims’ remedies in criminal proceedings can be more effective than punitive sanctions in many different ways (cheh, 1998). victims’ reparation offers a variety of actions and damages for various types of loss suffered where the victim occupies a central position in the final verdict of the case (laporte, et al., 2003). it offers a panoply of remedies including, compensatory damages, punitive damages, restitution, specific performance, injunctive relief, constructive trusts, abatement of nuisances, and forfeitures (cheh,1990). this collection of remedies provides the victim with an opportunity to vindicate his rights and, in so doing, empower the victim who is more concerned with the reparation of his loss rather than determining blame (ibid). given that the offender caused damage to the victim’s life or property, remedies empower the victim and provide more relief for the victim of criminal offence and in many cases effectively aid the rehabilitation of offenders. although punitive sanctions play an important role in deterring people from engaging in actions that harm others or society, victims’ reparation plays an even more important role in the moral judgments regarding justice, which, in the usual expression, signifies who should be compensated and who ought to bear losses (hall, 1943). compensatory damages are indeed very logical and conform to the deep-rooted african perception of what justice is all about. in traditional african values, the victim or his family in the case of murder, deserve damages and compensation for the loss of life and property. relatives of victims deprived materially because of the incapacitation of the victim, often express surprise and disappointment at how they could be left with nothing by the mere jailing of the convict (chukkol, 1988). a victim’s remedy can reduce the agony and empower the victim and his family. in cases involving injury, death, loss or damage, the court’s duty will be to consider making a compensation order in favour of the victim or, in the case of death, the victim’s family. this forms part of the increasing recognition of the needs, wishes and rights of the victims of crime which does more than restitution found in the criminal justice system. rather than the criminal actions solely intended to punish offenders by pointing to penal laws, persons injured by the criminal conduct of others may seekremedyin the criminal proceeding (cheh, 1998). in such situations, as in any other form of a civil action, the victim pleads with the court and the judgment obtained in such action is enforced at the discretion of the party whose right has been violated; therefore, it gives more room for settlement or adequate compensation (ibid). despite the common fear that the offenders could have no assets from which to collect judgments, however, compensation can be distinguished just as the respective punishments were themselves differentiated in terms of moral culpability. individuals may bring many kinds of “civil” enforcement of judgement –suchas an injunction ororder for detention of the defendant by the court. the same kinds of unpleasant consequences, objectively considered, can be imposed upon the offender. the victim decides whether or not to undertake action against a perpetrator. remedies, in many cases, are convenient and can provide the victim with an injunction compelling the victim to perform a certain action (cheh, 1990). remedies have also proved to be highly effective and frequently used as alternatives to criminal prosecution through a variety of statutory regimes that prescribe or prohibit certain conduct. many public-related offences are increasingly dealt with through imposing monetary penalties or fines for violations. examples include environmental and tax regulations. there are many reasons why governmental officials are embracing greater use of remedies to respond to criminal or antisocial behaviour, which refutes the notion of punitive sanction as the only civilizing force available to states. law enforcement personnel long have recognized that the arrest and prosecution of individuals, even on a massive scale, is often not enough to end organized crime or the operation of illicit businesses (cheh, 1990). victims’ civil remedies are easier to use, more efficient, and less costly than criminal prosecutions. remedies are a means to impose strict liability for offences and to identify behaviour as antisocial without invoking the full procedural and moral artillery of a criminal case. in some misdemeanour cases, monetary penalties may seem more appropriate than a prosecution, including the case of motor vehicle parking and other minor traffic offences, presents for example. these and other regulated conduct which may never have been deemed criminal but always has been considered sufficiently undesirable to warrant some form of deterrence can efficiently be addressed through remedies. the development of new and innovative crime control policies in third-party civil suits also renders credibility to the assertion of why victim reparations are more desirable and more efficient than punitive action(martha, 1998). a victim reparation can involve a negligent third party, and thus, help promote enhanced safety practices and encourage the exercise of widespread concern over crime prevention and the implementation of standard security measures such as the employment of more security guards on premises, thereby reducing the occurrence of crime (ibid). the third-party civil actions tended not to characterize the offender as the sole site of crime control but rather began to utilize the third party to help reduce crime by providing adequate premises security (ibid). this will revolutionize the legal system from one largely designed to respond to crimes and social conflicts, to one proactively working to avert criminal activities and conflicts. nowhere is a victim reparation against a third party more pertinent than in sexual offences, if victims of sexual offences have the option of pleadinga personalremedy against the criminal offender. because criminal https://journals.e-palli.com/home/index.php/ajsl pa ge 5 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 1-5, 2023 prosecution for rape and other sexual offences is one of the most complex legal battles often fraught with uncertainties,the technical and definitional complexity involved in a criminal prosecution can ruin a rather good case even when there is obvious physical and emotional harm caused. a remedy against the perpetrator of sexual offences can result in different kinds of damages being awarded to the victim and can strengthen the control against the offence in society. again, in addition to the heavy damages awarded against the perpetrator of the sexual offence, a third party could be held liable for reason of negligence or failure to provide adequate security and protection for victims. the roman catholic church, for example, had, on several incidences forced to settle allegations of sexual abuse of children by clergymen with hundreds of dollars being paid as settlement. a victim remedy against offenders and relevant third parties will empower the victims and ensure more protection. conclusion from the foregoing discussion, an overviewof this paper is that the dominant role played by the state in regulating the course of criminal justice has its root in the colonial system of justice which created undesirable outcomes for the victims of criminal offences. the departure from the concept of the king or state being the assigned guardian of the community where it provides and safeguards the welfare of its citizenry makes the state no longer considered the sole guardian of individuals, therefore, not deserve the prerogative to unilaterally serves as an agent to vindicate individual member’srights. the retributive nature of criminal proceedings controlled by the state, which are more liable to sanction over and above compensation, has only limited usefulness to the victims, especially those offences against property, which enforced compensation in most cases is a sufficient sanction against an accused. the integration of victim reparation into criminal proceedings is more likely to get people out of the challenges in our current criminal justice system. thus, the colonial concept of punitive sanction in criminal offences taken to be the chief end to control the community’s sense of right and wrong has proved anachronistic in our contemporary reality.in addition to the apparent inefficiency of punitive sanctions as deterrencein many cases, the real pains of imprisonment include separation from family and friends, the loss of jobs and weakened homes. the paradigm shift proposed in this paper stresses repairing the damage caused by crime through victimreparationthat entails a panoply of remedies including compensatory damages, punitive damages, restitution, specific performance, injunctive relief, constructive trusts, abatement of nuisances, and forfeitures. the remedy provides the victim with an opportunity to vindicate his or her right and, in so doing, it provides empowerment. references ashworth, a. (2010). sentencing and criminal justice. (5thed.). cambridge university press.cheh, m. (1998). civil remedies to control crime: legal issues and constitutional challenges. crime prevention studies, 9, 45-66. cheh, m.m. (1990). constitutional limits on using civil remedies to achieve criminal law objectives: understanding and transcending the criminal-civil law distinction. hastings lj, 42, 1325. chukkol, k.s. (1988). the law of crimes in nigeria. ahmadu bello university. 549. cremona, m., & herring, j. (1998). criminal law. macmillan international higher education. diamond, j. l. (1996). the myth of morality and fault in criminal law doctrine. am. crim. l. rev., 34, 111. elbers, n. a., meijer, s., becx, i. m., schijns, a. j., &akkermans, a. j. (2022). the role of victims’ lawyers in criminal proceedings in the netherlands. european journal of criminology, 19(4), 830-848. hall, j. (1943). interrelations of criminal law and torts: i. columbia law review, 43(6), 753-779. hart jr, h.m. (1958). the aims of the criminal law. law & contemp. probs., 23, 401. kadish, s. h. (1976). respect for life and regard for rights in criminal law. calif. l. rev., 64, 871. laporte, j.p.a., mcgarrity, d.s., & nelson, j. (2003). when old meets new: civil remedies in the criminal context a new proposal for compensating victims of crime. jl & soc. pol’y, 18, 63. okonkwo, c.o., &naish, m.e. (1980). criminal law in nigeria. london: sweet & maxwell. otu, n. (1999). colonialism and the criminal justice system in nigeria. international journal of comparative and applied criminal justice, 23(2), 293-306. pound, r. (1921). the future of the criminal law. columbia law review, 21(1), 1-16. saleh-hanna, v. (2008). colonial systems of control: criminal justice in nigeria. university of ottawa press/les presses de l’universitéd’ottawa. smith, m. j. (1998). regulating opportunities: multiple roles for civil remedies in situational crime prevention. crime prevention studies, 9, 67-88. smith, p. d., &natalier, k. (2005). understanding criminal justice: sociological perspectives. sage. solomon, o.j., &nwankwoala, r. (2004). the role of restorative justice in complementing the justice system and restoring community values in nigeria. asian journal of humanities and social sciences (ajhss), 2(3). https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 30 american journal of society and law ( ajsl) russia’s war against ukraine: a contravention of international humanitarian law muhammad ibrahim bukar1* volume 2 issue 1, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i1.1308 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: february 16, 2023 accepted: march 03, 2023 published: march 05, 2023 in february 2022, russian forces invaded ukraine and began targeting military objectives in some major ukrainian cities. in the following months, airstrikes continued and extended to other areas of ukraine, including the capital kyiv. attacks started being conducted against civilians too. for instance, it has been reported that an apartment complex outside of kharkiv was directly targeted. international humanitarian law, or the laws of war, protects civilians and noncombatants from the dangers of armed conflict. it addresses the conduct of hostilities-the means and methods of warfare by all parties to a conflict. foremost is the rule that parties to a conflict must always distinguish between combatants and civilians. while humanitarian law recognizes that some civilian casualties are inevitable during hostilities, it imposes a duty on parties to the conflict to distinguish between combatants and civilians at all times, and to target only combatants and other military objectives. civilians lose their immunity from attack when they are “directly participating in the hostilities” such as by assisting combatants during a battle. this article aimed to contribute to the understanding of the contravention of the international legal framework that regulates the use of force in the russia ukraine armed conflict and how a powerful member of the united nations security council (unsc) deliberately circumvented treaty provisions on the use of force. the article concludes with a sidebar of the need to exploit avenues for accountability that will help to forestall future occurrences. keywords international humanitarian law, armed conflict, russia, ukraine, united nations 1 nile university of nigeria, abuja, nigeria * corresponding author’s e-mail: bukar.ibrahim@nileuniversity.edu.ng introduction the recent attack on ukraine, similar to the previous cases of invasion of georgia in 2008 and ukraine in 2014 represents an obvious violation of international law. following the february 2022 invasion of ukraine, russia’s actions have come under severe criticism as many countries saw the action as a clear negation of the standard rule governing when states can take up arms or use force against one another. as a result of the inadequacy of legal parameters in understanding russia’s actions in ukraine, many observers, not excluding the united states, france, united kingdom, and other state and non-state actors have increasingly drawn attention to the numerous instances where russian military attacked civilian populations and deliberately struck protected sites and creating large pool of refugees wandering across europe. these actions by russian military constitute egregious violations of international law governing the conduct of war. in essence, russia’s actions against ukraine can hardly fit into the legal requirement for war pushing russia to rely on propaganda and unfounded approximations. to contribute to furthering the understanding of the complex issues at stake, this article is focused on the legal angle of an utterly political affair. particularly, this attempt would contribute to understanding the contravention of the international legal framework that regulates the use of force in ukraine and how a powerful member of the united nations security council (unsc) deliberately circumvented treaty provisions on the use of force. the article concludes with a sidebar of the need to exploit avenues for accountability that will help to forestall future occurrences. methodology in conducting this research, i adopted the doctrinal approach and as such, the research completely relied on consultations of academic materials written on the subject area. these materials include textbooks, articles, statutory authorities and case laws. the research did not employ any field work which will require the use of questionnaires or interviews. by so doing, i concerned myself with identifying the existing gaps and ensuring that i tailor the research towards filling the identified gaps. the laws of war by and large, the concept of the law of war specifically refers to a segment of international law that governs the initiation of war, use of force, the conduct of war, and the protection of victims of war. (detter, 2016). generally, it provides the guidelines on which basis wars can be prosecuted. (roberts, 2000). international law scholars such as (solis, 2010) prefer to use the terminology interchangeably with international humanitarian law (ihl) or even law of armed conflicts. to further appreciate the extent of knowledge on the subject matter, there exist two main categories of the law of war: (stahn, 2006); jus ad bellum (rules that regulate when a state can initiate or resort to the use of force) and jus in bello (legal rules governing the conduct of both states and foot soldiers during war). though the two rules appear to be closely related, they function independently of one another. that is to say “compliance with one category is required regardless of compliance with the other.” (michelle, et al., 2022). that is to say, even if a state was attacked without legal due https://doi.org/10.54536/ajsl.v2i1.1308 https://journals.e-palli.com/home/index.php/ajsl pa ge 31 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 30-35, 2023 processes, its response in terms of defense must be seen to comply with the legal and acceptable procedure of conducting war. in relation to the specific case of russia’s attack of ukraine, the drafters of the law of war expect ukraine to conduct its defense against russian aggression within the ambit of the law of jus in bello. jus ad bellum: dissecting the reasons for the hostilities in ukraine to analyze the focal point of jus ad bellum in general, and the specific case of russia’s attack of ukraine, one must pay priority to the united nations charter. in specific terms, article 2(4) of the un charter formally forbids all member states from the threat or use of force against fellow member states. it reads “all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the united nations.” in other words, this provision recognized the inviolability of borders, and further anchors the respect for the territorial integrity of states while also restraining the use of force against independent states. aside from the un charter’s unambiguous prohibition of state intervention in the internal affairs of fellow states, there are a number of other agreements that were concluded based on the framework of the un charter that recalled the importance of peaceful settlement of disputes as well as cautioned member states from threatening the international relations. for example, one such declarations that seek to promote peaceful resolution of disputes is the resolution 2625 of the un general assembly of 24 october 1970 reads “declaration on principles of international law concerning friendly relations and cooperation among states in accordance with the charter of the united nations.” however, there are exceptions to the rule of article 2(4). as enshrined in article 51 of the same un charter, states have a right to take either individual or collective actions regarding selfdefense. (ruys, 2010). more so, according to (schweigman, 2001). chapter vii of the un charter permits members of the un security council to resort to the use of military actions in the event that peaceful measures have proven ineffective in restoring peace and security. russia has not reported ukraine for scrutiny within the security council and the unsc have not exhausted peaceful avenues as required by article 41. the proposition by president v. putin and other top officials of the russian regime that its use of force in ukraine can be justified under the provisions for self-defense as enshrined in article 51 of the un charter cannot hold water. article 51 reads “nothing in the present charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the united nations.” on the contrary, there is no record suggesting that ukraine has threatened to commit and or have committed an armed attack against the russian federation. again, there is nothing to suggest that ukraine has taken up arms or threaten to take up arms against russians living in donetsk and luhansk (two regions within the borders of ukraine with significant russian populations). besides, even if russia has gathered sufficient evidence suggesting that ukraine had threatened or planned to take up arms against russians in the ukrainian regions of donetsk and luhansk, the cover provided by article 51 cannot be overstretched to sanction a collective action under the guise of self-defense because the two regions are not members of the united nations. in essence, donetsk and luhansk do not qualify as states going by the rule of state recognition in international law. (korotkyi et. al. 2018). besides, under international law and jus ad bellum, it is legal and acceptable for a state to permit the use of force by another independent state on its territory. usually, this must be consented to by the inviting state and maybe to assist in the fight against terrorists or rebel forces domiciled in the state that offers such invitation (deeks, 2013). yet, the case under consideration does not witness any form of formal or informal invitation extended to russia by ukraine. therefore, the invasion of ukraine without invitation runs contrary to the rules of jus ad bellum. russia’s assertion of jus ad bellum on the very morning that russia’s military tanks and ballistic missiles were prepared to start the bombardment of ukraine, its permanent representative to the united nations, vasily nebenzya alerted the secretary general of the un that russia’s military are underway to attack ukraine (michelle et al. 2022). attached to the formal submission of the declaration of war was vladimir putin’s speech in which he recounted some grievances as justification for the attack. though it is difficult and unclear as to the position of international law regarding the invasion of ukraine by russia, putin’s letter to the un provided some justifications under the pretext of international law. some of the justifications were drawn from the body language of the un charter. a perusal of putin’s justifications anchored on three main arguments. fundamentally, russia claimed that the united states and other european nato members threatened its survival. thus, the attack was initiated as a means to defend itself from such eminent threat. it argues that such threat posed by nato emanates from within ukraine as a friend of nato members. while the un charter article 51 reserves the “inherent right” of member states to selfdefense in times of armed attack, it does not lineate the specific extent of such right. therefore, the question arises as to measure the threat that would warrant states to exploit self-defense measures under the article. whatever the extent of provocation before a state invokes the spirit of article 51, commentators argued that the absence of physical threat or military action by ukraine against russia means that russia’s justifications cannot be valid under any guise. (michael, 2022). another justification provided by russia for the invasion of ukraine is anchored on https://journals.e-palli.com/home/index.php/ajsl pa ge 32 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 30-35, 2023 the principle of “collective self-defense. (kelsen, 1948).” prior to the invasion of ukraine, russia had declared the political independence of two regions of donetsk and luhansk arguing that these regions have been subjected to all forms of violations by the state of ukraine. be that as it may, the regions cannot be treated as independent states by international law standard of statehood and thus do not fit into the equation of collective self-defense as envisioned by the drafters of the un charter. further to the above point of analysis, legal thinkers have argued that the regions do not qualify as states mainly because their claim of independence was a function of forceful declaration. again, these regions within ukraine do not have absolute control over the territories under its domain and it is the russian federation that engineered its so-called independence. in addition, even if the so-called independent territories have been fully recognized as states, thinkers have noted that the principles of jus ad bellum, including necessity and proportionality means that russia’s military action should have been limited to the regions and not an extensive attack aimed at “demilitarization” of the entire ukraine. furthermore, the russian federation contended that its attack on ukraine is contrived to prevent “genocide perpetrated by the kiev regime” been perpetrated against the russian people in ukraine. (michael, 2022). on its part, ukraine has unequivocally rejected any such allegation against its own citizens and has even approached the international court of justice for formal affirmation. in fact, there has been no formal or informal complains from the united nations or any group of international human rights organizations regarding ukraine’s illtreatment of russian speaking populations within its border. in essence, observers argued that the idea that russia’s invasion of ukraine was born solely to protect against ukrainian genocide appears to be total fabrication and thus illegal and a contravention of international law (sean et al. 2022). jus in bello: what are the conducts and responsibilities of belligerent nations? since the disputes between russia and ukraine transited to full-scale war, the application of the principles of jus in bello become more important. the concept of jus in bello is founded on treaties and customary international law. while other additional treaties and agreements can also form a body of jus in bello, there are two main collections of international agreements that constitute it namely, the hague conventions of 1899 and 1907 and the four geneva conventions of 1949. while hague conventions are a set of rules governing the modus operandi warfare, the geneva conventions serves to regulate the treatment of war victims and surrendered actors. it is noteworthy to stress that both ukraine and russia are parties to the core treaties. however, not all of them signed up to some of the related protocols. a violation of the geneva conventions constituting “grave breaches” henckaerts (2009) can amount to “war crimes may (2007).” the indispensable principles of jus in bello include first military necessity. this principle requires states that are engaged in armed conflicts to exploit measures that are necessary to accomplish its legitimate military objectives, as long as those measures are within acceptable international law standards (henckaerts & louise, 2005). second, the humane principle requires all parties to a conflict must ensure to exploit only measures that would not inflict undue suffering, injury, or destruction. that is to say, parties to a conflict are required to not exploit measures that would lead to suffering, injury, or destruction if such measures would not lead to the accomplishment of its military objectives. third, the principle of proportionality which dictates in articles 51 and 57 of the 1977 additional protocol i that all parties to a conflict are required to deploy military force that is commensurate with the force of the opponents and that would minimize civilian casualties. for this reason, the icj has expressed in the case of (nicaragua v the united states of america, 1984) that: “self-defense […] warrant[s] only measures which are proportional to the armed attack and necessary to respond to it, a rule well established in customary international law.” similarly, the icty has noted in the (kupreskic case) that: “in the case of attacks on military objectives causing damage to civilians, international law contains a general principle prescribing that reasonable care must be taken in attacking military objectives so that civilians are not needlessly injured through carelessness.” the court further recalled that these principles have to some extent been spelled out in articles 57 and 58 of the first additional protocol of 1977. such provisions, it would seem, are now part of customary international law, not only because they specify and flesh out general pre-existing norms, but also because they do not appear to be contested by any state, including those that have not ratified the protocol. the use of excessive force is therefore discouraged. lastly, the principle of distinction states that parties to a conflict are required to provide the clearest distinction between civilians and combatants. this provision also required parties to distinguish protected and unprotected objects. parties are required by this principle to protect both civilians and protected objects. apart from the general principles enumerated above, the rule of jus in bello required all parties to a conflict to protect some groups including civilians, children, medical and religious personnel, and voluntary aid workers. the principle extended its shield to protect groups that no longer engage in hostilities such as prisoners of war, wounded, sick etc. in its common article 3, the four geneva conventions provide a “minimum yardstick” (gandhi, 2001) of protection that is required of any party that takes prisoners of war or war victims or those who can no longer participate in the conflict. acts that are prohibited under common article 3 of the four geneva conventions include, sexual assault, rape, torture, cruel treatment, biological experiments, hostage-taking, murder, mutilation, or maiming of those not taking part in hostilities. under https://journals.e-palli.com/home/index.php/ajsl pa ge 33 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 30-35, 2023 this provision, certain properties are required to enjoy special protection. this includes historic monuments, hospitals, religious sites, art, science, or charitable purposes and places where the sick and wounded are collected, provided they are not used for military purposes. the rule governing the prosecution of war also limited the weapons that parties to a conflict can use during arm conflict. accordingly, jus in bello prohibits two forms of weapons. first, it prohibits weapons that cause unnecessary injury or weapons that can hardly be manipulated to distinguish targets. second, it also prohibits poisonous chemicals and biological weapons (mallison, 1967). similarly, jus in bello provides legal prohibitions against the use of certain forms of methods in prosecution of war including pillaging, limiting destruction and seizure of non-military property, requiring free passage of some humanitarian relief, and regulating the white flag of surrender, among other things. the effectiveness of jus in bello in ukraine the position of observers and some foreign governments such as the us and uk is that some of the actions taken by russia have violated the laws of war. some of the allegations against russia which represents the position of facts of law and which are a contravention of law, including the use of ballistic missiles and other explosive weapons with no precision and indiscriminately on the ukrainian populations, which constitute egregious violations of the laws of war, particularly the law on the use of weapons of mass destruction. the use of ballistic missiles and other explosive weapons in an indiscriminate manner in densely populated areas. however, it is important to note that neither russia nor ukraine are parties to the convention on cluster munitions, the indiscriminate use of sophisticate weapons have implications under the jus in bello. some have argued that certain elements of ukraine’s conduct are also unlawful. in particular, the public display of captured russian soldiers during news conferences could implicate the third geneva convention’s requirement to treat soldiers humanely and protect them from “insults and public curiosity (geneva conventions, 1949).” in all these, proving that a party to the conflict has violated certain provisions is notwithstanding a difficult task. it requires identifying, gathering evidence of, and proving the violations are a fact finding mission that often do not see the light of the day, argued (weller et al. 2015). more challenging is to establish that civilian deaths are caused by intentional or deliberate and therefore unlawful acts by russian armed forces. again, it will be difficult to establish that russia’s actions are not deliberately taken by are incidental and not excessive (and therefore potentially permitted under the principle of proportionately). international institutions respond to russia’s actions in addition to financial sanctions imposed bilaterally by the united states and numerous other countries, russia is likely to face widespread condemnation and isolation in international bodies. it is the opinion of this article that very few governments and law experts will agree that russia’s actions is permissible under international law. in line with this development, the council of europe suspended russia’s participation in its committee of ministers and its parliamentary assembly (strasbourg, 2022). meanwhile, the un security council voted on a binding resolution condemning the invasion and requiring russia to cease its military actions and withdraw from ukraine. but russia, as a permanent member of the security council, vetoed the resolution. on sunday, the security council voted 11-1 (with russia opposed and three members abstaining) on a nonbinding resolution calling on the un general assembly to hold an emergency special session to consider russia’s actions. this security council resolution comports with un general assembly resolution 377(v) of 1950 (the socalled uniting for peace resolution), which resolved that in the case of a deadlock in the security council, the general assembly shall “consider the matter immediately with a view to making recommendations to members for collective measures.” the general assembly is likely to overwhelmingly adopt a resolution opposing russia’s actions as a threat to ukraine’s territorial integrity, sovereignty, and political independence, as it did in 2014 after russia annexed crimea. the general assembly could also mandate a un investigation of russia’s actions, urge member states to impose sanctions on russia, or recommend that russia be expelled or suspended from certain un bodies. in addition, ukraine also filed another claim against russia in the international court of justice (icj) on sunday, alleging that russia misinterpreted the genocide convention to justify the invasion of ukraine. the icj is already hearing two claims ukraine filed in 2017 – (ukraine v russian federation, 2017) relating to russia’s actions in crimea and eastern ukraine. putin and other russian officials could face an investigation by the icj for war crimes committed during the invasion. although russia is not a party to the rome statute, which established the international criminal court (icc), ukraine has accepted the icc’s jurisdiction for offenses that have occurred on its territory since 2013 (other than the crime of aggression, for which the icc does not have jurisdiction for nonparties). legal responsibility and us legislative alternatives identifying avenues of accountability for law of war violations raises complex practical, legal, and jurisdictional questions. as discussed in this article that seeks to explain the illegality of russia’s invasion of ukraine, ukraine is pursuing cases against russia in the international court of justice and other international tribunals, but constraints on jurisdiction and enforcement may limit the cases’ practical impact. some observers have called for the creation of a new international tribunal with broader jurisdiction to address russia’s actions. germany has reportedly opened investigations into whether the https://journals.e-palli.com/home/index.php/ajsl pa ge 34 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 30-35, 2023 invasion is leading to crimes that can be prosecuted under their respective domestic laws. (bojan, 2022). the united states has a war crimes statute but it does not provide universal jurisdiction, and the department of justice has not prosecuted or convicted anyone for a war crimes offense under this statute. some commentators have called for congress to amend this statute to provide broader jurisdiction. others have proposed amending the foreign sovereign immunities act to allow civil lawsuits against russia and attachment of russian assets (scott & chimene, 2022). at the united nations, more than 100 sovereign nations voted for general assembly resolution es-11/l.1, which “deplores” the incursion as an illegal use of force, but this resolution is nonbinding. russia vetoed a different resolution at the u.n. security council that would have contained an obligatory “verdict” that russia must stop using force and unreservedly pull out from ukraine without delay. as examined in this paper, human rights and humanitarian institutions may possibly keep on addressing facets of the russian offensive; on the other hand; the u.n body has the means to pressure or persuade the russian federation to end its acts of aggression in ukraine. the legislative body could reflect on legislation mandating the united states’ foreign claims settlement commission to allow claims arising from russia’s attack and its probable nationalization of american-owned property in russia. discussed in this article, the foreign claims settlement commission is a quasi-judicial, independent agency within the department of justice that adjudicates claims of u.s. nationals harmed by foreign governments. its authority is limited to country-specific programs created through legislation or by referral from the u.s. department of state. the united states, the united kingdom, the european union, and their allied countries have imposed sanctions on russia to hold it responsible for attacking ukraine. some members of the united states congress have advocated for expanding those sanctions. members have also introduced legislation that would authorize the president to seize and liquidate russian oligarchs’ assets in the united states. chapter 35, section 1701 of the u.s (international emergency economic powers act, 1977) allows the president to block transactions and “freeze” assets, but the president’s authority to vest (i.e., take title to) those assets is limited to circumstances when the united states has been attacked or is engaged in hostilities. conclusion the russian references to “genocide” in eastern ukraine to justify its intervention cannot be substantiated and offer no justification for military action under international law. instead russia has violated the jus ad bellum regime, the conditions under which states may resort to war or to the use of armed force in general. its actions constitute an act of aggression breaching the cornerstone legal principle of the prohibition of use of force, laid down in article 2 (4) of the un charter. it is the opinion of this article that apart from the jus ad bellum legal framework, russia’s invasion raises concerns with respect to the application of jus in bello the body of international law related to the conduct of hostilities and the means and methods of warfare. as the military operations are still ongoing, it can only be reiterated at this stage that violations of this body of law may trigger war crimes accusations, whereas the particular provisions of the iv geneva convention on belligerent occupation will be of high relevance. finally, the displacement of many civilians who may ask for protection in other countries will activate international and regional refugee law. the dramatic events of the last few months have fundamentally challenge the basic premises of the international legal order as we know it; the normative consequences of this military operation remain to be seen. reference bojan p. (2022). germany opens investigation into suspected russian war crimes in ukraine. retrieved on mar 9, 2022. https://www.wsj.com/livecoverage/ russia-ukraine-latest-news-2022-03-08/card/ germany-opens-investigation-into-suspected-russianwar-crimes-in-ukraine-bncphaiwe30f2reh8bci detter, i. (2016). the law of war (ed.) routledge publishers. deeks, a. s. (2013). consent to the use of force and international law supremacy. harv. int’l lj, 54, 1. international court of justice (2017). ukraine v russian federation (2017). retrieved on january 7, 2023. https:// www.icj-cij.org/public/files/case-related/166/19412. pdf international emergency economic powers (2023). war and national defens. retrieved on january 15, 2023. https://uscode.house.gov/view.xhtml?path=/ prelim@title50/chapter35&edition=prelim korotkyi, t and nataliia h (2018). the legal status of the donetsk and luhansk “peoples’ republics” ,“ in the use of force against ukraine and international law, tmc (ed.) asser press, the hague, 145-170. kelsen, h. (1948). collective security and collective selfdefense under the charter of the united nations american journal of international law, 42(4), 783 kupreskic case, icty trial chamber, 14 january 2000 para 524 michelle n & humeyra p (2022, november 18). as u.n security council met, russia attached ukraine. https:// www.reuters.com/world/europe/un-securitycouncil-met-russia-attacked-ukraine-2022-02-24/ michelle n., humeyra p. (2022). as u.n. security council met, russia attacked ukraine. retrieved on november 18. https://www.reuters.com/world/ europe/un-security-council-met-russia-attackedukraine-2022-02-24/ michael k. (2022). russia’s illegal invasion of ukraine and the role of international law (ed). lieber institute: westpoint. https://journals.e-palli.com/home/index.php/ajsl pa ge 35 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 30-35, 2023 michael n s. (2022). russia’s special military operation and the (claimed) right of self-defence. lieber institute: westpoint military and paramilitary activities in and against nicaragua (1984). nicaragua v. united states of america, merits, judgment, icj reports, 14, 176. mallisonjr, william t (1967). laws of war and the juridical control of weapons of mass destruction in general and limited wars. george washington law review, 36, 308 may l (2007). war crimes and just war (ed.) cambridge university press newsroom (2022). strasbourg council of europe suspends russia’s rights of representation. retrieved on december 6, 2023. https://www.coe.int/en/web/ portal/-/council-of-europe-suspends-russia-s-rightsof-representation roberts, a. (2000). documents on the laws of war (ed.) 1095 ruys, t. (2010). armed attack’ and article 51 of the un charter: evolutions in customary law and practice (ed.) cambridge university press solis, g. d. (2010). the law of armed conflict: international humanitarian law in war (ed.) cambridge university press stahn, c. (2006). jus ad bellum’,‘jus in bello’...‘jus post bellum’?–rethinking the conception of the law of armed force the european journal of international law, 17(5), 921. schweigman, d. (2001). the authority of the security council under chapter vii of the un charter: legal limits and the role of the international court of justice (ed.) brill publishers. sean w, winston w. and ronald a. (2022). symposium intro: ukraine – russia armed conflict. lieber institute: westpoint scott r. a and chimene k (2023, january 15). the legal challenges presented by seizing frozen russian assets. https://www.lawfareblog.com/legalchallenges-presented-seizing-frozen-russian-assets gandhi, m. (2001). common article 3 of the geneva conventions, 1949 in the era of international criminal tribunals. isil year book international human and refugee law, 1, 207. geneva conventions article 13 (1949). henckaerts j.m (2009). the grave breaches regime as customary international law journal of international criminal justice,7(4), 683 henckaerts, j.m, and louise d.b. (2005). customary international law (ed.) cambridge university press weller, m, alexia s. and jake w. r. (2015). the oxford handbook of the use of force in international law (ed.) oxford university press. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 14 american journal of society and law ( ajsl) criminal liability for artificial intelligence and autonomous systems mohamed fathi shehta diab1* volume 3 issue 1, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i1.2481 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: march 13, 2024 accepted: april 06, 2024 published: april 10, 2024 the emergence of artificial intelligence and the increasing dependence of organisations on these modes of modern technology make this subject quite an intriguing area of research. the research has been conducted in saudi arabia, where the emphasis was laid on the criminal liability affiliated with the various firms operating through artificial intelligence and its modern use. how the different liabilities are held upon the organisations and what measures are taken in order to address these issues were all discussed. the role played by the legal authorities was discussed in terms of how these divide the accountabilities of the multiple parties involved. keywords artificial intelligence, autonomous systems, saudi arabia, criminal liability 1 college of sharia and law, university of hail, saudi arabia * corresponding author’s e-mail: medo889@gmail.com introduction background criminal liabilities and artificial intelligence-based systems in organisations have been among the most intriguing subjects in recent years. the researchers have had rather conflicting opinions in regard to how the misuse of artificial intelligence holds organisations criminally liable. it needs to be noted here that corruption-based acts are rife to this day, especially in the private sector, when it is being conducted at the top level (wirawan et al., 2020). the violations conducted by the employees in terms of corporate corruption are not quite easily ignored while the benefits of the corporation have to be examined. organisations need to be rather careful regarding whom the accessibility of the internal control system is being provided and what sort of potential crimes are likely to take place (wibisana & marbun, 2018). the role that is played by artificial intelligence needs to be handled by the experts who can easily identify the multiple threats. whenever the researchers discuss institutional corruption, the stress is meant to be laid on the legitimacy and the pattern of functions that are found to exist in terms of the benefits provided to the institution (thompson, 2018). the autonomous systems of the various organisations are found to be misused in most cases, and these have left rather long-term influences on the operations of the firms. in middle east states, corporate criminal liability is found to be inevitable, but the legislation found currently permits the avoidance conducted unreasonably. this happens in cases where the offence reported by the criminal is found outside the boundary of limited scope (girdenis et al., 2021). the cases vary from country to country as the core focus is laid on who is held criminally liable for the offences reported within organisations. as the cases proceed in the court, the verdicts of the e-court and the e-govern are found to be rather different regarding who is meant to be held criminally liable (swamynathan, 2022). as per previous studies, the parent companies are likely to deny criminal liability for the crimes that would have been carried out by the subsidiaries, where separate legal entities and limited liability doctrines are involved (ali, 2019). the parent companies, however, are likely to lose their reputations when these subsidiaries are found to have committed some criminal activities. when artificial intelligence-based crimes are conducted, corporate management is found to be held responsible as the crimes are labelled under corporate criminal acts (kurniawan & hapsari, 2022). the responsibilities of the corporate management are put into question when access is provided to unauthorised individuals. the modern time artificial intelligence is found to reshape the landscape of the entrepreneurial industry in saudi arabia. the adoption of artificial intelligence, however, is still found to be significantly less, probably because the economy of the state is found to depend on oil and its trade (ahmed, 2019). the firms that have embraced the use of artificial intelligence are clearly found in a position where they have made their way to the top in the competition that exists within the industry. social media marketing that is conducted with the assistance of artificial intelligence is found to bring a tremendous amount of improvement in the overall performance of small to medium-sized enterprises (basri, 2020). literature review artificial intelligence artificial intelligence is quite likely to leave an illegal influence on the various telecommunication networks found. the critical infrastructures of the information are not quite likely to have any protection from potential threats related with cyber security (barkhatova, 2019). many organisations in saudi arabia have fallen victim to these kinds of crimes, and the really harsh part is that the pa ge 15 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 14-18, 2024 criminal liability for these kinds of scenarios is eventually bestowed upon the organisation itself if a third party is influenced in any way. the expansions of the overall horizons of artificial intelligence-based applications are likely to leave an influence on humanity. those areas that are identified in terms of being on a rather higher level occupy a leading position in the digital technology sector. in saudi arabia, organisations operating with artificial intelligence are found to have the highest amount of risk (kirpichnikov et al., 2020). autonomous systems in saudi arabia, autonomous systems are found mostly in the automobile industries, however, other industries are also promoting it gradually. a division of labor theory has been proposed quite recently, which emphasises how criminal liability can be shared when it comes to autonomous systems (vuletić, 2021). the harmful activities that are unexpectedly conducted by the autonomous systems are among those due to which a careful inspection is required afterwards. although, the use of the autonomous systems can also be quite beneficial in terms with educating the multiple individuals (selmi, 2023). but when it comes to criminal activities, the use of artificial intelligence is headed towards another direction. for the artificial intelligence-based systems, the criminal liability is found to be a complex one and it clearly demands a landscape that should rapidly be evolving (osmani, 2020). the question mostly arises regarding who would be held criminally liable when the damage would be caused through these. criminal law saudi arabia’s law has evolved over the course of several years, and it has represented quite some strictness in regard to how large-scale enterprises are held accountable. criminal responsibility is usually bestowed upon the toplevel management of the organizations if some criminal activity is reported from any particular department of the organisation. as per sub-article 3(5) of article 17 of saudi arabia’s law, the prosecution of these crimes occurs only after a complaint is registered (raad, 2022). the criminal law of saudi stands on the multiple legislations and the mutually agreed upon islamic common laws where there are some pre-defined punishments (mallat, 2020). saudi laws usually come into action when a particular department is found to be responsible for an unexpected activity. artificial intelligence and criminal law the use of artificial intelligence over the course of recent years has been found to be an increased one in the majority of the states of saudi arabia. the techniques of artificial intelligence appear to be rather promising in terms of the improvements required with efficiency, where efficiency, fairness and transparency factors are looked upon by saudi’s judiciary system(al-alawi & a-lmansouri, 2023). the criminal law, regardless of how it had previously represented its position, has now morphed into an enhancement of the liabilities that are held upon the various firms. high-tech crime over the course of recent years appears to have increased in terms of the enhanced use of artificial intelligence technology. the criminal liability, therefore, has been enhanced quite significantly, and the firms are held accountable for the crimes that had been committed previously (kamalova, 2020). among the multiple different crimes that are likely to be committed through the use of artificial intelligence, the activities that cause a damage to an entire reputation are the ones that need to be taken seriously. the saudi law is quite clear regarding how such kinds of actions need to be addressed and what sort of criminal responsibility is held over these members. the complainants have to make sure for scenarios like these regarding the extent to which the privacy is violated. if an essential information is leaked out and a rather significant amount of defamation is caused, then as per article 3(4) of saudi anti-cyber crime law (raad, 2022). autonomous systems and criminal law the autonomous systems have only recently been introduced in saudi arabia, and there are quite a few sectors that actually operate through these. the acceptance of the use of these autonomous systems is affiliated with factors such as trust, being tech-savvy, age and wide-scale adoption, as the autonomous systems of different kinds depend to a huge extent on the safety features (alsghan et al., 2022). self. at times, conflicts arise when no proper laws are available regarding whom to hold accountable for the autonomous systems. back in 2020, the amendment was made to the article 112 of penal procedures law where the enhancement was conducted in regards with power of the public prosecution. there have been some positive changes that had been taken and the public prosecution was made clearer in regards how the filing of the evidences and the convicts would have to be carried out when criminal responsibility would be investigated in terms with autonomous systems (benowitz & anderson, 2020). in most of the cases, the manufacturers and the engineers of the autonomous systems are held criminally responsible for these kinds of issues. corporate legal responsibility the ideology of corporate responsibility can be considered in terms of how private organisations must base their activities on the requirements of the shareholders. these must be responsive to the needs of social values where the operations of the internationally recognised values must be based (morgera, 2020). the accountabilities are always found to be affiliated with the legal obligations that are bestowed upon the departments. the acting individual might be held answerable if the breach of duty is found or if the non-performance in regard to the duty is reported. this corporate legal responsibility emphasises in terms with how all the individuals are perceived to be rational and how these members can be considered answerable pa ge 16 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 14-18, 2024 for all their activities (tamvada, 2020). the corporate legal responsibilities might vary from organisation to organisation, but these are quite unanimous in terms of the breach of duty. the autonomous systems and the artificial intelligence are quite likely to bring criminal law into practice. the humans are then left to face the criminal responsibility if initially promising results would have been promoted in regards with ai developments (lohmann, 2021). legal framework constitution normally, businesses do not face any difficulties while operating autonomous systems, but the issue of expenses arises on a monthly basis. as per article 77 of chapter 7 of saudi arabia’s constitution, large-scale firms have to generate financial account statements that have to be submitted to the council of ministers. the economies of the state depend to a huge extent on the financial management of the firms, which is why the saudi data and artificial intelligence authority comes and plays its part by helping it accomplish a leading position (memish et al., 2021). the law of the state mostly governs the financial position of such firms in order to make sure that the economy remains stable. policy and legislation the judicial reforms were proposed and these reforms were clearly expected since saudi arabia became a part of the world trade organization. however, it cannot be identified quite clearly regarding how soon the absolute execution of these reforms would be carried out (van eijk, 2010). some responsibilities, however, would have to be bestowed upon the government for the development of the state. the government should fulfil the needs of the citizens, such as fulfilling the incentives, addressing requirements and resolving the socio-environmental issues. moreover, it also emphasises how the skills and competencies of the employees have to be worked upon and what measures are needed by the government (pinto & allui, 2020). state regulations artificial intelligence-based technologies are one of the most essential goals of saudi arabia for the economic development of the state. some influential parties have made some significant contributions by investing in these technologies for the goodwill of the society of the state. (ashehri, 2019). the question normally arises regarding how much of the scope can be found and which direction it is headed towards. it has been forecasted that the scope of artificial intelligence is likely to increase after the year 2030, as the influence of artificial intelligence on overall society and economy is likely to increase. hence, for better stability in future, strategic positioning is what needs to be executed (al-jehani et al., 2021). methodology the analytical approach is the one that has been finalised for this particular research as it appears to be a perfect fit. this procedure is an objective and a universal method where the selection of the investment objects, maintenance of the global priorities and the alternatives correlation are all accepted as tasks to be executed within this approach (kuznichenko et al., 2019). however, the validation of the analytical method is quite essential in terms of the confirmation of the analytical procedures and their suitability for specified applications where reliable and accurate results have to be ensured (hopfgartner, 2020). the analytical approach is quite likely to come up with a minimum number of errors, which is why this approach has been preferred. results and discussion criminal liability when it comes to criminal liability, functional behaviour has to be brought towards acceptance. what keeps this behaviour distinctive and rather identifiable is its trait of how the physical act of an individual ends up influencing the functional acts of another individual (ali, 2019). criminal liability is academically defined as an obligation for an offence connected with a crime that ought to be judicially punishable. an act falls under this category if the specific criminal offence found in the provision of the criminal code fulfils these characteristics. the unlawfulness of criminal offences carries along some material aspects with itself that add some strength to it (kotlán et al., 2023). the criminal responsibility for these kinds of scenarios is held significantly upon the various different parties that are involved but it is the top level management that is held accountable in the entire scenario. the financial loss that the organizations have to face are usually meant to be covered by the top level management, as the stakeholders clearly hold these members accountable (starosta, 2021). it has been stated that the collaboration of the administrative law, civil law and the criminal law procedures is quite essential for the effective regulation of the autonomous systems. then the responsibility is held against the three of these departments (бегишев, 2021). limited liability the ideology of limited liability ensures that everyone risks less than what they have invested, and this concept has received quite some wider acceptance. the limited liability, however is found to be rather attractive for both kinds of investors, be those active business operators or be those passive investors (travis, 2019). in the modern sense, the limited liability makes its way inside only when the organisation is found to be dissolved because of the limited liability. if the firm is found to be insolvent due to some other reasons, the ratio of the limited liability is likely to be increased because of this (harris, 2020). according to saudi arabia’s constitution, article 17 of chapter 4 states that the capital of the firms is considered to be one of the most essential assets for economic wellbeing, which is why the limited liability has to be handled rather seriously. pa ge 17 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 14-18, 2024 vicarious liability the activities of organisations that have caused harm to other organisations have clearly proven to be sensitive areas in terms of corporate liability laws. all the while, there appear to be repeated attempts in regard to the concept of vicarious liability moving in this direction. it can quite clearly be indicated here that cross-entity liabilities take hold in terms of huge jurisdiction. (witting, 2019). as per the vicarious liability model, the offences are likely to be examined in terms of the corporate agents or the employees, as these are meant to be resolved by legal individuals. regardless of the different acts that have been conducted to prevent these criminal assessments, legal individuals have to be involved (ulfbeck, 2019). conclusion summarising the findings, the discussions were carried out in terms of how the criminal liabilities are imposed on the firms that operate through artificial intelligence. numerous autonomous systems play their part, and these carry a huge amount of risk that is quite likely to be harmful if not handled properly. all of these were examined under the light of the legal framework of saudi arabia. the discussions indicated how the saudi arab government plays its part and how the constitution of the state contributes to the growth and the development of the industries operating through artificial intelligence. references ahmed, s. m. (2019). artificial intelligence in saudi arabia: leveraging entrepreneurship in the arab markets. 2019 amity international conference on artificial intelligence (aicai). al-alawi, a. i., & a-lmansouri, a. m. (2023). artificial intelligence in the judiciary system of saudi arabia: a literature review. 2023 international conference on cyber management and engineering (cymaen), al-jehani, n. b., hawsawi, z. a., radwan, n., & farouk, m. (2021). development of artificial intelligence techniques in saudi arabia: the impact on covid-19 pandemic. literature review. journal of engineering science and technology, 16(6), 4530-4547. ali, m. (2019). from separate legal entity to economic unity: the criminal liability of parent company. jurnal media hukum, 26(2), 158-167. alsghan, i., gazder, u., assi, k., hakem, g. h., sulail, m. a., & alsuhaibani, o. a. (2022). the determinants of consumer acceptance of autonomous vehicles: a case study in riyadh, saudi arabia. international journal of human–computer interaction, 38(14), 1375-1387. ashehri, r. (2019). governance of artificial intelligence in ksa (neom as a model). international journal of advanced studies, 9(1), 64-81. barkhatova, e. (2019). doctrinal issues of criminal responsibility in russian criminal law. actual problems of russian law(8), 128-135. basri, w. (2020). examining the impact of artificial intelligence (ai)-assisted social media marketing on the performance of small and medium enterprises: toward effective business management in the saudi arabian context. international journal of computational intelligence systems, 13(1), 142. begishev, i. r. (2021). the limits of criminal legal regulation of robotics. bulletin of st. petersburg university. law, 12(3), 522-543. benowitz, b., & anderson, v. (2020). terrorism prosecutions in the specialized “court” of saudi arabia. law, security and the state of perpetual emergency, 207-233. girdenis, t., laurinaitis, m., rotomskis, i., & jurka, r. (2021). corporate criminal liability for the criminal offences in lithuania. statute law review, 42(3), 398-407. harris, r. (2020). a new understanding of the history of limited liability: an invitation for theoretical reframing. journal of institutional economics, 16(5), 643-664. hopfgartner, g. (2020). bioanalytical method validation: how much should we do and how should we document? analytical and bioanalytical chemistry, 412(3), 531-532. kamalova, g. (2020). some questions of criminal legal responsibility in the field of application of artificial intelligence systems and robotics. vestnik udmurtskogo universiteta. seriya «ekonomika i pravo»= bulletin of udmurt university. series economics and law(3), 382-388. kirpichnikov, d., pavlyuk, a., grebneva, y., & okagbue, h. (2020). criminal liability of the artificial intelligence. e3s web of conferences, kotlán, p., ondrúš, m., kozlová, a., kotlán, i., petr, p., & kalabis, r. (2023). criminal compliance program as a tool for criminal liability exculpation of legal persons in the czech republic. laws, 12(2), 20. kurniawan, k. d., & hapsari, d. r. i. (2022). pertanggungjawaban pidana korporasi menurut vicarious liability theory. jurnal hukum ius quia iustum, 29(2), 324-346. kuznichenko, v., lapshyn, v., semenets, а., & stetsenko, t. (2019). the analytic procedure method of selection of object for investing. financial and credit activity problems of theory and practice, 4(31), 291-300. lohmann, a. (2021). strafrecht im zeitalter von künstlicher intelligenz. mallat, c. (2020). mapping saudi criminal law. the american journal of comparative law, 68(4), 836-892. memish, z. a., altuwaijri, m. m., almoeen, a. h., & enani, s. m. (2021). the saudi data & artificial intelligence authority (sdaia) vision: leading the kingdom’s journey toward global leadership. journal of epidemiology and global health, 11(2), 140. morgera, e. (2020). corporate accountability in international environmental law. oxford university press. osmani, n. (2020). the complexity of criminal liability of ai systems. masaryk university journal of law and technology, 14(1), 53-82. pinto, l., & allui, a. (2020). critical drivers and barriers of corporate social responsibility in saudi arabia pa ge 18 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 14-18, 2024 organizations. the journal of asian finance, economics and business (jafeb), 7(11), 259-268. raad, m. (2022). defamation under subarticle 3 (5) of the saudi arabian anti-cybercrime law. journal of law in the middle east, (2), 16-16. selmi, s. a. (2023). use of ict to promote literacy in sub-saharan africa. american journal of multidisciplinary research and innovation, 2(1), 49-64. starosta, w. (2021). loss given default decomposition using mixture distributions of in-default events. european journal of operational research, 292(3), 11871199. swamynathan, b. (2022). necessity development factor of computerisation in madras high court for e-govern and e-court. american journal of multidisciplinary research and innovation, 1(1), 9-12. tamvada, m. (2020). corporate social responsibility and accountability: a new theoretical foundation for regulating csr. international journal of corporate social responsibility, 5(1), 1-14. thompson, d. f. (2018). theories of institutional corruption. annual review of political science, 21, 495513. travis, a. (2019). the organization of neglect: limited liability companies and housing disinvestment. american sociological review, 84(1), 142-170. ulfbeck, v. (2019). vicarious liability in groups of companies and in supply chains-is competition law leading the way? mkt. & competition l. rev., 3, 107. van eijk, e. (2010). sharia and national law in saudi arabia. sharia incorporated: a comparative overview of the legal systems of twelve muslim countries in past and present, 139-180. vuletić, i. (2021). criminal law and the challenges of autonomous intelligence: substituting a theory of guilt with the division of labor. in the law and economics of patent damages, antitrust, and legal process (pp. 111-126). emerald publishing limited. wibisana, a. g., & marbun, a. n. (2018). corporate criminal liability in indonesia anti-corruption law: does it work properly? asian journal of law and economics, 9(1), 20170029. wirawan, a., saraswati, r., sa’adah, n., & sinaga, e. (2020). preventing corporate corruption through strengthening accounting education in higher education. test engineering and management, 83(marchapril), 11767-11779. witting, c. (2019). modelling organisational vicarious liability. legal studies, 39(4), 694-713. pa ge 1 pa ge 7 american journal of society and law ( ajsl) land right and its implementation in bangladesh for women naima akhter lina1* volume 2 issue 1, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i1.1163 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: january 04, 2023 accepted: january 12, 2023 published: january 14, 2023 inheritance is a problem for women’s economic and financial circumstances as well as for human rights. bangladesh is a developing country and women have a significant role in it. culturally it has a patriarchal society. women’s rights are promptly violated in the society in different physical and mental abuse. though things are changing in a very slow motion still land right is very crucial in the society. women have hardly any choice and voice in the inheritance of property. the land right exists for both men and women but the implementation for women is very low and unsatisfying. the law ought to be revised in such a way that ensures the women of bangladesh the equality and lessen their dependency on men (father, brother, husband). it will enhance their self esteem and credibility to work equally with the male population to develop the nation as well as their families. it will give them confidence and importance as a human being rather than being a woman in mercy of their male relatives. this paper aims to show the present law of land right and the discrimination of its implementation. to do so there will be a survey on a target population of 40 to 50 women who have inherited the property from their fathers to show the present condition of inheritance. questionnaire will be provided to the target population. it may take a long time to establish a woman friendly law for land right for women but it may take a step forward for the noble cause. keywords property, inheritance law, discrimination, inequality 1 senior english teacher, south point school and college, bangladesh * corresponding author’s e-mail: naimalina321@gmail.com introduction the national women development policy 2011, which allegedly will affect the status of women’s inheritance, recently caused a great deal of controversy in bangladesh. on closer examination, it tragically says nothing regarding the equitable sharing of inherited property. despite being a signatory to the convention on the elimination of all forms of discrimination against women (cedaw), bangladesh has misgivings about its provision in article 13(a) that guarantees women’s equality with regard to the right to inherit a family estate. because inheritance in bangladesh is determined by a person’s religion, the inheritance process for women is largely unequal and discriminatory. due to this, a consistent, secular family code is now required to address not only the inheritance problem but also problems with marriage, divorce, and guardianship. in light of this, the current study on “women’s rights and access to land” has focused on examining the actual obstacles and policy gaps from a comprehensive perspective, which means women’s rights, access, and control over land, that discriminate against bangladeshi women in regards to their land rights. in order to provide suggestions for how to address and resolve the situation in a most practical and attainable manner, the study’s specific goal is to identify the strengths and weaknesses of the relevant policies and ground level obstacles resulting from existing culture, customs, traditional, and institutional practices. aim to discuss and ascertain the present law of inheritance in bangladesh. it mainly aims to observe the women’s right in inheritance. it will also focus on how gender inequality affects the inheritance of women in the country. objectives the objectives of this study are a. to identify the barriers that women now face in obtaining equal rights to land; b. to study the constitution’s position and general legal provisions in this area; c. to assess current religious laws pertaining to this subject; d. to make recommendations on what should be done to better the situation of women in bangladesh. methodology the study article aims to analyze current discrimination against women’s equal property rights and evaluate it critically. the primary source for this study is secondary, and pertinent data have been gathered for this research from a variety of sources. in this research, the “keen observation method” has been used. in order to be acknowledged in related topics, the researcher uses this method to search through various articles, texts, booklets, handouts, seminar presentations, notes, newspapers, national & international research papers, web sites, and so forth to find related studies on unjust land right of women in bangladesh. additionally, a survey has been made available to the target group of women who have inherited money or property from their parents which will be analyzed by the researcher. gender equality international women’s day serves as a reminder of the struggles and tenacity of women around the world, as well as how their contributions to a more sustainable future can be unleashed when they break down barriers to take on leadership roles in boardrooms, academic institutions, https://doi.org/10.54536/ajsl.v2i1.1163 https://journals.e-palli.com/home/index.php/ajsl pa ge 8 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 7-12, 2023 and tech start-ups. it also serves as a reminder of the difficulties gender inequality provides for the other half of the world’s population. however, the conversation about gender equality also involves pressing the accelerator rather than merely keeping the clutch in place. according to studies, increasing women’s equality might boost the global gdp by $12 trillion by 2025. a gender inclusive agenda that releases women’s creative potential would be better for the world. an agenda that encourages female entrepreneurship and financial inclusion, defends women’s rights, enhances women’s access to agricultural inputs and land ownership, and raises the proportion of women in positions of authority in the executive, legislative branch, and work force. women’s ownership over and access to land have repeatedly been said to have the capacity to increase gender equity while also alleviating material deprivation. the mdgs and sdgs recognize that women’s empowerment and economic and social development both depend on gender equality as one of its fundamental tenets. the barriers that bangladeshi women face when trying to exercise their ownership and rights to land fully and effectively include a variety of things, such as laws, policies, social and cultural norms, customs and beliefs, a lack of education and awareness, unfavorable institutions and implementation procedures, and others. the status of women in bangladesh over the past few centuries, women’s status in bangladesh has seen a number of significant changes. since bangladesh gained its independence in 1971, women there have made considerable strides, benefiting from measures implemented by bangladesh over the past four decades that have improved job possibilities, enhanced educational opportunities, and political empowerment for women. nevertheless, due to cultural norms that enforce rigid gender roles as well as inadequate execution of laws that were designed to protect women, women in bangladesh still struggle to attain equality with males. bangladesh has a hybrid legal system that combines some islamic rules that mostly deal with personal rights with the common law it inherited from its colonial past. in our nation, there are many forms of discrimination against women, and social and economic inequality is commonplace. the primary problem preventing the growth of women is due to their unfair and limited access to resources, particularly land. in addition to this, our society’s patriarchal attitudes and behaviors have led to blatant discrimination against women. the government of bangladesh recently updated its yearly development plan and ten-year plans, which both place a strong emphasis on the advancement of women through increased literacy, improved health and nutrition, the creation of jobs, access to credit for women, and other efforts. however, no reference has been made to women having more access to land. the rights, control, and access to assets are the economic factors that have the most impact on how women are treated in the gender pay gap. the most important type of property in rural south asia, especially in bangladesh, is arable land, which continues to be a crucial factor in determining well-being, social standing, and empowerment. the reasons for bangladeshi women’s unequal access to land as well as their place in this regard will be investigated in this study. then it will examine many facets of the relevant provisions of our current legal code. after that, this essay will attempt to close the gaps. following that, this study will look at religious restrictions on bangladeshi women’s property rights. this article will discuss indigenous women’s rights to land in addition to mainstream women’s rights. the study’s conclusion will offer some practical advice on how to change the situation and uphold the equality that the people’s republic of bangladesh constitution guarantees. land and property rights in bangladesh women have weak inheritance rights because it is difficult for many of them to access land due to patriarchal societal norms and discriminatory laws. most women inherit in accordance with how sharia law is applied locally. reasons behind the unjust land right of women in bangladesh since they have more negotiating power, women who own property could negotiate for a more equitable distribution of rights within the family. there is a close connection between access to land and rural poverty. however, in the event of a husband’s death, divorce, or desertion, women without independent means are extremely vulnerable to poverty and starvation. women’s inter-family disparities in relation to economic and social activities are growing, nevertheless. besides breaking societal standards and engaging in illegal activity, other stockholders, the government functionaries frequently make those issues worse and prevent the implementation of legislation that support women. in our culture, it is still generally accepted that women hold inferior positions in families and society. this is due to the fact that they do not own, control, or otherwise have access to real estate. furthermore, there is strong evidence that when economic resources are in the hands of male household members, the benefits to the female members are frequently not shared equally. independent ownership of such resources, particularly land, can therefore play a critical role in advancing the wellbeing and empowerment of women. women typically leave their father’s home after marriage and move in with their spouses. most of the time, brothers keep their married sisters from learning this information, and as a result, women are excluded from their fathers’ land and other properties. because it is more challenging for the sisters to sue the brother, they are subject to administrative and professional abuse. sisters’ portion of land is sometimes sold by brothers without telling them, leaving women in the dark about their inherited land property. the majority of the time, women are unaware of their parents’ and husbands’ property. they don’t retain details and information on the https://journals.e-palli.com/home/index.php/ajsl pa ge 9 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 7-12, 2023 property. additionally, the majority of them are ignorant of all land-related regulations, their right to inherit, and no documents to claim. women are also disadvantaged in various technical ways, such as in surveys and records. the ability to claim parental property is also negatively impacted by cultural barriers. 9 women typically don’t claim inheritances. conflict and strained relationships with brothers will result from a claim on the parents’ real estate. our culture discourages women from claiming their fathers’ assets and frequently views this as sin. 10 according to cultural expectations, a “good sister” will lose her inheritance from the father. additionally, it deters women from asserting their rights. if they assert that the siblings’ relationship to the property will suffer. to deter women from pursuing their claims, male relatives with a stake in the outcome file a lawsuit, fake documents, make threats, and occasionally even employ physical violence. sometimes they compelled people to give them the property without any payment. sisters take their poor brothers’ financial situation into account as well. they will leave their families more exposed if they steal that property. to improve the lives of our mother, sister, wife, and daughter, the entire system, culture, tradition, morals, values, and laws should be modified. equality ensured by the legal instruments the people’s republic of bangladesh’s constitution is a solemn declaration of the people’s will on this continent. we sacrificed a tremendous deal of blood for this magnificent charter during the great freedom battle in 1971 to obtain this shining portion of the bill of rights. this is a constitution that the people have chosen, passed, and given to themselves. 11 thus, the spirit of the constitution authorizes equal rights for all citizens, regardless of their race, religion, caste, sex, or place of birth. these rights are guaranteed as fundamental rights and are protected by the constitution, including equal rights for women and men in all areas of the state and of public life. in addition to this, the following statements are made in chapter ii of the constitution, which lists the main tenets of state policy and guarantees the equality of women: a. article 11 safeguarded basic freedoms and rights for all people, as well as respect for human dignity. b. article 13 mandates that people own or control the means of production and distribution, which also guarantees women’s private property ownership. c. according to article 14, it is the state’s fundamental duty to free the laboring masses, peasants, workers, and underprivileged groups of the population from all types of exploitation. women still do not enjoy equal rights to males in our nation. they are therefore considered to be a group of people that need special assistance from the government in order to integrate them into society. d. according to article 15, the state recognizes a fundamental obligation to raise the standard of living of the populace, notably through providing social security to people like widows. e. women are guaranteed equal opportunity and are encouraged to participate in all aspects of national life under article 19. in order to achieve a consistent level of economic development across the republic, this article also places a duty on state mechanisms to adopt effective measures to eliminate social and economic inequality between men and women and to guarantee the equitable distribution of wealth among citizens and of opportunities. f. article 27 states that all citizens are entitled to equal protection under the law and are equal before the law. g. according to article 28 of the constitution, the state is prohibited from discriminating against any citizen on the basis of their place of birth, race, caste, religion, or sex. in every area of state employment, women and men shall have equal rights. nothing, however, is to stop the state from creating special provisions for women, children, or the advancement of any underprivileged group of citizens, according to the additional clause. as a result, laws permitting affirmative action for women are clearly permitted by the constitution. h. article 29 guarantees all citizens quality work opportunities in the public sector. i. article 42 ensures that each person has the right to purchase, possess, transfer, and otherwise dispose of property. more than any other economic source, land possession is the finest tool for eradicating poverty. a crucial symbol of social power and respect is land. due to socio-cultural structures in the patriarchal mentality of society, women are denied land rights at the societal and familial levels. as a result, legislation and policies are not gender-sensitive and do not ensure that women have access to land. in order to achieve gender equality and human justice, it is vital to understand the role that equitable land rights for women play in their socioeconomic empowerment. this power imbalance between men and women in a community is reduced as a result. in addition to the constitution, common law also safeguards the equality of men and women with regard to ownership of immovable property. however, there are still some inheritance laws that encourage discrimination against women’s land rights. furthermore, this scenario is not any less the result of our social structures and norms. the following legal systemic flaws are found by this study: land ownership is legal for women in bangladesh, just like it is for everyone else. furthermore, bangladeshi property rules make sure that the legitimate heirs are the ones who hold the inherited land. there is a limit to who can legally own land, though. by virtue of ordinance number 15, the maximum limit for each household was set at 375 bighas in 1961. however, by ordinance number 18 in 1972, the cap was reduced to 100 bighas, and by the land reform ordinance in 1984, the cap was further reduced to 60 bighas. the situation is not the same in actuality as it is in principle, and very few women own land. unless her name appears on the deed or other land records, a woman has no legal ownership rights to land that a family https://journals.e-palli.com/home/index.php/ajsl pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 7-12, 2023 buys. however, it is still true that once inherited lands are registered in a woman’s name, her husband, brother, or son may pressure, threaten, or trick her into giving up control of those holdings. due to traditional expectations regarding gender roles and women’s limited access to independent financial resources, property is typically held by male family members in our country. additionally, we are not encouraged to buy land jointly by husband and wife by our social beliefs. individual women also experience pressure from their male relatives who want to take away their properties. registration of land the land registration process in our nation is not simple for uneducated women. additionally, the administration does not support women. the system is difficult, costly, and time-consuming. additionally, there is currently no digital infrastructure in place for the preservation and search of records. to register their newly purchased land, people frequently use the help of middlemen. as a result, the system must be modified to better accommodate women. additionally, there are no gender-friendly procedures for mutation, partition, surveys, or paying land development tax. the majority of officials are men, and they frequently fail to recognize the issues that women face. the government should therefore take the initiative to remove these obstacles from the administration of land. religous restrictions on women’s property rights: bangladeshi inheritance laws continue to discriminate against women despite constitutional guarantees of equality. the degree of discrimination varies from religion to religion since personal laws that are founded on religion govern inheritance for people of this nation. however, women’s chances of owning land are still greatly increased by inheritance. the best opportunity for women to possess property is through inheritance because most agricultural land is privately owned and their economic circumstances prevent them from doing so. most muslim and hindu women experience discrimination and receive smaller land inheritance shares than men. sharia law does not treat male and female landowners equally. a female is only entitled to half of what a male obtains from paternal property, according to sharia law. 21 however, in reality, largely because of the patriarchal family system, the female rarely receives what she is legally entitled to. according to hindu law, hindu women are not permitted to inherit any land, which frequently places them in a very marginal and vulnerable position within the family and society. (sourav, m. r. i., 2015). land law for women in bangladesh, there are many forms of discrimination against women, and social and economic inequality is pervasive. the primary reason impeding the growth of women is related to their restricted and uneven access to resources, particularly land and other immovable property. in bangladeshi society, patriarchal norms, inheritance laws, and social customs all tend to reinforce discriminatory behavior. depending on the individual’s faith, personnel law governs matters relating to the law of inheritance. sharia law, which is applied to more than 90% of the population, so governs muslim women. in accordance with islamic law. (jinnah, s. 2013). as a daughter a. if a deceased father’s daughter has just one daughter and no boy, she will only receive half of the property. b. if a deceased father had more than two daughters, they will split a third of the property if he has no sons. c. if the deceased had both a son and a daughter. then, each son will receive half of the estate, resulting in one daughter receiving half of her father’s estate. two thirds of the land will be split among multiple daughters. if there is a son, the daughter will not receive the other half of the estate; instead, family members will receive a portion of it. in this instance, no one is permitted to donate more than one third of property and if there are other inheritance, they cannot make will of the whole property to daughter. as a wife a. if the deceased individual has no children, grandchildren, or descendant heirs, the wife is entitled to one-fourth of the estate. the woman will receive oneeighth of the property for any children. b. the deceased person’s wives (one or more) will share one-eighth of the property if they have children or grandchildren. as a mother a. the mother will receive one-sixth of the property if the deceased person has children, grandchildren, or other descendants. b. if the deceased person had neither children nor brothers or sisters, the mother is entitled to one-third of the estate. as a daughter of a late father a. daughters do not have any property rights if their deceased dads had a son, grandson, great grandson, daughter, and wife. b. unmarried daughters’ rights will come first if the aforementioned are absent. c. daughters who are barren, without a son, or widowed are not entitled to property. wife or widow of a deceased person: following the 1937 act’s passage, the widow can also take use of opportunities for lifelong enjoyment. the widow is only permitted access to the property for her lifetime, according to that. nonetheless, can sell or donate. as a mother of a late son mother has no claim to the estate if the deceased had a son, grandson, wife, and father. as a sister of a late person a sister cannot be the owner of her father’s property. https://journals.e-palli.com/home/index.php/ajsl pa ge 11 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 7-12, 2023 the hindu disposition of property act of 1956 gave sons and daughters equal rights to their deceased father’s property, it could be noted. nepal, the only nation that identifies as hindu, also approved laws addressing this problem. however, no ratifications have been made in bangladesh, therefore the situation for hindu women has not changed. a section of the society has voiced opposition to the ratification of hindu laws, which the bangladesh law commission had recently proposed. according to the christian law christians make up a small yet crucial portion of bangladesh. the following are the property rights of christian women. as the daughter of a deceased father, i am entitled to the same rights to the father’s property as his son is. if the deceased person left behind children, the widow will receive one third of the estate. if the deceased person had no offspring, the widow would be the legal owner of the entire estate. as the mother of the deceased: if the deceased individual leaves behind a son, daughter, and father, the mother will not receive any property. in the absence of the aforementioned, the mother, brothers, and sisters of the deceased person would equally share the property. if a deceased person has no brothers or sisters, their mother will inherit the entire estate. as the sister of a deceased person, if the deceased person’s father had a father or a sun, the sister would not be eligible to receive property. sisters will have an equal opportunity to share property with their mother and brothers if the aforementioned are absent. it is assessed if there is a slight modification to state land rights legislation that shouldn’t be considered rebellious. situation with regard to inheritance laws of bangladeshi women is widespread throughout the country. this is only a symbol of women rights. according to the hindu law numerous hindus in bangladesh likewise prevent women from inheriting property. hindu law stipulates that not all a man’s daughters are equally qualified to inherit. daughters who are not married or who are married and have sons are not eligible to inherit; this also applies to childless widowed daughters and daughters without sons. even if she inherits, a hindu woman only has life interest rights to her property (i.e., on her death, the property reverts back to the next heir of the person she had inherited the property from). widows who inherit assets from their husbands do so with certain restrictions (i.e., life interest). in bangladesh, hindu law also applies to the buddhist population. women’s exercise to their rights although women have the legal right to inherit and/ or hold a portion of their husbands’ and fathers’ lands, they rarely utilize this privilege. in rural places, it is widely believed that men are primarily responsible for farming the land. the only people with the authority to decide how to use and exploit the land are men. women’s names are rarely found on leases, contracts, certifications, or land titles. man is frequently regarded as the family’s leader in rural areas, either tacitly or explicitly, and as such, he has the power to make choices regarding land and property. even while women occasionally have the legal papers and deeds proving their ownership of land, this does not always imply any real rights. it cannot be believed that women landowners will never have the same economic and social standing as male landowners since they do not control their land holdings. the ability of a woman to own property, her control over household finances, and her access to credit, productive resources, and extension services all have a direct impact on the health, nutrition, and financial security of her family. in bangladesh, women have limited access to property rights and financial decision-making authority. many women are unable to borrow money, own or inherit property, water rights, or cattle, or make decisions on how to use family assets due to legal or social restrictions. their capacity to manage security is directly and negatively impacted by this. in light of the aforementioned backdrop, movement, reconstruction, policy orientation, and legal development should be taken into account. survey interpretation i received 34 responses to my online survey, which i conducted. muslims make up the majority of the people i surveyed. their recorded ages range from 21 to 54. chittagong, dhaka, jessore, mymensingh, raj shahi, bhola, comilla, laxmipur, and noakhali are where they were born. their fathers held a variety of jobs, including those of journalist, banker, engineer, businessman, and service member. in accordance with the poll, 52.9% of respondents received their inheritance, 35.3% did not, as required by law, 26.5% expressed dissatisfaction with their inheritance, and 14.7% claimed they were coerced into giving it up. although there is respect for the legislation, 38.2% of people believe that it is not women-friendly, and 58.8% believe that it should be some reformation of law regarding inheritance of women. limitation of the study each research has its limitations. as a single researcher, i am not able to reach the full population of this study, as it would require more time. it would be good if i could interview the population who are not device friendly. therefore, the main limitation of this paper is that it covers limited population. privacy of the participants the privacy of the participants is preserved and highly respected by the researcher. recommendation a. an overhaul of the inheritance laws (ensure equality and balance among men and women) b. women should be given more of a priority when https://journals.e-palli.com/home/index.php/ajsl pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 7-12, 2023 it comes to the distribution of khas land and the advancement of khas land. c. eliminates the historical rightlessness of women and gives the community of ethnic minorities and adivasis a legal foundation. d. ethnic society recognizes women’s land rights. the political and cultural rights of this people should be upheld by the state. e. put the beijing conference action plan and the cedaw declaration into action. f. a thorough analysis of the land ownership situation. g. dissemination of information on relevant land laws and acts h. create various political organizations, such as cooperatives, organizations, and mobilization. i. computerization, generality of land law, and reform of land administration j. the creation of international land law. it is critical that women have the rights to property control and that the state respects their decisions on their relationships with their families, society, and the state. conclusion inheritance is a problem for women’s economic and financial circumstances as well as for human rights. but homes with a female head of family find it particularly tough given the current circumstances in bangladesh. the constitution only provides equal rights for women and men in all areas of the state and of public life, despite the fact that it forbids discrimination against any citizen on the basis of religion, race, caste, sex, or place of birth. land offers safety during dangerous situations when poor ladies need money. the process of empowering women is facilitated by the legal rights of women to resources that increase their standing in the household and society. the relationship between equality and empowerment is crucial to bolstering the status of women, though. giving women the right to own land may be a powerful tool to improve their economic status and increase their capacity to confront gender inequality in society and politics, both inside and outside the house. land rights are proven to empower women outside the home by enhancing how well-treated they are by the villagers and by facilitating their participation in and access to rural decision-making processes. achieving effective ownership and rights over real estate favorably impacts the realization of other crucial rights such as access to education, work, income, and other forms of empowerment. in order to guarantee women’s legitimate land rights in bangladesh, legal and social measures in the shape of social movements must be implemented. to create women’s rights and effective control over property, there is a pressing need for legislative and organizational reforms, which require a neutral political will to improve the situation. the government must also create new land policies and laws to guarantee women’s equality. in order to improve women’s ability to bargain with the community, the government, and their own families, there is also a need for increasing awareness and bridging knowledge gaps in the areas of land rights, gender, and legal concerns. reference ahmed m. (2011). bangladesh, women and the distribution of inherited property. https://www. yourcommonwealth.org/uncategorized/bangladeshwomen-and-the-equal-distribution-of-inheritedproperty/ jinnah, s. (2013). land and property rights of rural women in bangladesh. unpublished manuscript. http://www. ohchr. org. https://www.ohchr.org/sites/default/files/ documents/hrbodies/cedaw/ruralwomen/ cdabangladesh.pdf land portal report (2016). women’s right to land in bangladesh. retrieved on may 2016, 55, from https://data.landportal.info/library/resources/ women%e2%80%99s-right-land-bangladesh mercy tembon. (2022). bangladesh’s prosperity hinges on gender equality. retrieved on march 08, 2022. https:// blogs.worldbank.org/endpovertyinsouthasia/ bangladeshs-prosperity-hinges-gender-equality sourav, m. r. i. (2015). unjust land right of women in bangladesh. int res j interdiscip multidiscip stud, 1(3), 5-13. https://www.researchgate.net/ publication/288827815_unjust_land_right_of_ women_in_bangladesh women in bangladesh (nd). https://en.wikipedia.org/ wiki/women_in_bangladesh https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 44 american journal of society and law ( ajsl) tax moral on the compliance of the individual taxpayers in qardho district, somalia mohamud shire abdi1*, ahmed nur hersi2 volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.1875 https://journals.e-palli.com/home/index.php/ajsl article information received: july 03, 2023 accepted: july 31, 2023 published: august 04, 2023 abstract this study assessed the role of knowledge on the compliance of individual taxpayers, as well as impact of tax moral on the compliance of individual taxpayers and explored strategic solutions to cope tax moral on the compliance of individual taxpayers. the study applied a quantitative research method the data was collected sample size of 80 respondents including business owners, employees, local government staff, and unemployed through questionnaires were self-administrated with used likert scale. the procedure selected in this study will be simple random sampling method. the data were analyzed using descriptive statistics by spss to determine the demographic information relevant to the study were asked the respondents their ages as the data indicates, a huge number of the participants 24 (29.6%) fall in the 20 and 30 ages range. this means more than 78% of the survey respondents were youth, and it is quite understandable because, according to un reports, more than 75% of the somali population is less than 30 years old. the majority respondents out of the 80 respondents, 47, or 58.0%, were males compared to 32 females, or 39.5%. this indicates a male domination of the study; there are cultural issues in the country that allow male to outnumber females in the job opportunities. the study has pointed up the role of knowledge on the compliance of individual taxpayers were not met a good moral tax administration, that may cause the taxpayers to be lack of coherent social contract and then that encouraged on refuse paying taxes, at the moment the poor tax moral system it that may lead non-compliance, and also emphasized tax administration teams faced more challenges as effected evasion of taxes, corruption, lower of income level, administration sanctions and lack of accountability. the study suggests that the local government should prioritize creating written laws of taxes, also must be done enforcement together efforts of the effectiveness of tax system in both the government and taxpayers, furthermore government should interest structuring tax laws to minimize non-compliance is essential. keywords tax, taxpayer, qardho 1 institute for policy research and dialogue( iprd), somalia 2 agricultural consultant and tenders centre( act), somalia * corresponding author’s e-mail: mahamud.shire10@gmail.com introduction around the world tax authorities are facing the challenges of fiscal management pertaining to performance in the collection of tax revenue. the tax non-compliance is an attitudinal tendency of taxpayers that may lead to tax behavior i.e. tax avoidance and/or tax evasion (natrah2012).pakistan is an emerging economy and faces unique tax-related challenges. an international monetary fund (imf) working paper (2016) concluded the challenges faced by pakistan regarding tax compliance; firstly; according to the data compiled by the federal board of revenue (fbr) and the ministry of finance, the number of active individual tax filers is 1,156,984, but 5,700,000 people are reportedly earning above the minimum taxable income threshold. taxpayer compliance is a taxpayer’s behavior in carrying out tax obligations by applicable regulations. the level of taxpayer compliance is an essential factor in the realization of the tax revenue target. the realization of tax revenue is one of the main problems in taxation in indonesia. this problem is about the tax ratio in indonesia, which is still considered low below the standard. it is indicated by the tax ratio, which has fluctuated over the last 5 years (2014-2017). in 2014 the tax ratio was relatively high, up to 13.7%. in 2015 it was at 11.6, and in 2016 it fell again to 10.8 until, in 2017, it reached 10.7. although in 2018 the tax ratio increased by 0.1% compared to the previous year, which was 11.5%, and in 2019 it was 11.9%, this figure is still far from the global standard of 15% (financial media, 2019). thus, this reflects the low level of taxpayer compliance in fulfilling their tax obligations. the south africa tax environment is characterized by a variety of legislations meant to protect the country’s fiscus and the taxpayers. sars (who pays tax?, 2015) lists categories of taxpayers who must pay income tax which includes taxable income from salaries, commissions, fees and other sources. corporate tax is paid by companies, close corporations and trusts on their annual income. income tax (personal and corporate) is regarded as a major part of the fiscus. the legal taxation history of somalia began in the colonial era, with italy and britain taxing the northern and southern regions of the country differently. most of the tax laws they introduced are now outdated and either need to be amended or replaced with new ones so that modern features can be included. in addition, under the military regime of siad barre, the economy was under the command and control of the state, and there were fewer private sectors companies in certain sectors. the situation continued in same way until 1991, when the somali. pa ge 45 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 44-50, 2023 civil war broke out, somalia, like other african countries, faces multiple constraints, including a lack of resources with which to provide much-needed public goods and services. the government’s ability to raise revenue is weak due to its application of unsuitable, old tax systems, and its lack of modern tax laws, procedures and ict equipment. as discussed by isak (2018), some of the challenges that somalia faces are dealing with “hardto-tax” sectors, poor administrative capacity, insecurity and political instability, the incomplete transition to the federal system, outdated laws and the poor enforcement of those laws, and customs-related problem. the most important thing in tax collection is that there must be taxpayer compliance in paying tax obligations. compliance with paying tax (tax compliance) is that taxpayers have a willingness to meet their tax obligations in accordance with applicable regulations without the need for inspection, careful investigation, warning, or threat and the application of sanctions both legal and administrative (simon james et al., 2019). considering that taxpayer compliance is an important and main factor for increasing tax revenue, it is necessary to continuously examine what factors influence tax compliance, especially individual taxpayers. moral obligation is another attempt to maximize taxpayer compliance. according to ajzen (2002), ethics, principles of life, feelings of guilt are moral obligations that each person has in carrying out something. where this can be associated with compliance with taxpayers in paying taxes. this is in line with research conducted by aryati (2012) and ishti (2013) where the level of tax compliance will be higher when taxpayers have stronger moral obligations. in spite of compliance level of individual taxpayers in qardho district are not meet good moral tax administrations, that may cause the taxpayers to be lack of coherent social contract and then that encourages on refuse paying taxes.at the moment the poor tax moral system of tax administration teams it reported that may lead non-compliance. ( sagal et al.,2020).with this problem the tax administration teams faces more challenges as affect evasion taxes, corruption, lower of income level, administration sanctions and lack of accountability. therefore the problem that this study addressed to investigate the strategic solutions to cope tax moral on the compliance of individual taxpayers. the study was focused by the following objectives; (1) to examine the role of tax knowledge on the compliance of individual taxpayers in qardho district, (2) to evaluate the impact of tax moral on the compliance of individual taxpayers in qardho district, (3) to explore the strategic solutions to cope tax moral on the compliance of individual taxpayers in qardho district. literature review the role of tax knowledge on the compliance of individual taxpayers knowledge is known or recognized information, knowledge is something known to be associated with the learning process, and tax knowledge, in general, is the ability to understand basic tax concepts applied within a country (alkhatib & abdul-jabbar, 2017). understanding tax policies by taxpayers helps in accepting the tax system and increasing compliance. tax knowledge is an essential component of voluntary compliance, especially in determining accurate tax commitment. the edward and ambrose (2017) study confirmed that taxpayers lack confidence in their ability to calculate the tax owed correctly, which forced them to hire experts in order to prepare the tax return and submit it to the tax authorities. the study concluded that the technical and cognitive skill in filing tax returns is a factor affecting tax compliance. the learning process is influenced by various internal factors such as motivation, and other external factors such as the available information means as well as the proposed social and cultural conditions. without any tax knowledge, taxpayers intend not to comply with the tax regulations with or without intent. as many tax laws and their existing changes usually pay taxpayers for noncompliance with taxes.the more sophisticated the tax system, the higher the cost of compliance. kasper et al. (2013) claims that tax sophistication produce a negative paradigm toward current tax law, which reduces the desire for tax compliance, and the relationship between both tax knowledge and tax compliance is positive. that is, the greater the tax knowledge of the taxpayer, the greater the tax compliance and this reflects positively on the state treasury. tax knowledge is, therefore, one of the most influencing factors in determining taxpayer compliance behavior under the selfassessment system. this was established and supported experimentally by many other studies that include those who have documented that possession of tax knowledge will increase compliance rates. one measure to increase voluntary compliance is to ensure that taxpayers have a certain level of qualifications, ability, and confidence to exercise their tax liability. according to oladipupo and obazee (2016) the level of education is an important factor affecting tax knowledge. they claim that people with a higher educational level can easily understand the tax requirements. based on the above, some studies have found that the relationship between tax knowledge and tax compliance is a positive relationship (eriksen & fallan, 1996; kasper et al., 2013; oladipupo & obazee, 2016), and a number of other studies have found that the relationship is negative or no relationship (chan et al., 2000; manual & xin, 2016). the impact of tax moral on the compliance of individual taxpayers ethics imply a moral mind-set which directs the human actions as well as businesses, and shapes a part of the attitude related to the behaviors of people (al zeer et al., 2019). tax morality is defined as the degree of national and cultural awareness prevailing in the state; and so the higher this level among individuals, the more these individuals enjoy a high sense of tax responsibility, and pa ge 46 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 44-50, 2023 growing love for the public interest, and a relentless pursuit towards performing their duties, which are determined based on the laws and regulations (torgler & schneider, 2009). among those regulations comes in the first place accepting them to fulfill their tax obligation, as this is one of the methods to preserve the entity of the state and contribute to its progress and advancement, and even help it to provide the best services to all members of society, in light of that very few researchers discussed taxes from the ethical aspects. a different approach of tax compliance ethics was found in a study made by harun et al.(2011), which compared the perception of accounting and business students at a local university in malaysia. the study found that accounting students thought that non-compliance with tax regulations wasn’t ethical, while business students believed that non-tax compliance could be both ethical and unethical according to the circumstances. this economic crime brings harmful effects on society because it gradually reduces people’s confidence in the tax system. tax compliance behavior also depends on taxpayer perceptions of other people’s behavior (alm & torgler, 2011). this means that the ethical obligation to comply with tax compliance depends on the ethical behavior, values, and ethical attitudes of other taxpayers according to nhavira (2016). it is clear that the socialethical view assumes that taxpayers make their decisions which are related to paying taxes on their ethical beliefs, on the other hand, and from a rational point of view, one can say that self-interest maximization is the primary driver of tax noncompliance. many current studies have found that the relationship between ethics and tax compliance is positive. social norms are closely related to the culture of paying taxes. these standards tend to encourage voluntary compliance, which causes citizens to collaborate with their government when compliance is considered positive and socially desirable (frey & torgler, 2007). these dimensions are especially important for developing countries to consider, as they have limited funds and infrastructure to levy taxes. mcgee and tyler (2006) noted that students in korea, japan, and china found that the level of ethics had a significant positive correlation with the tax compliance process, as it stated that higher-educated students were less tempted to process non-compliance actions, while at the lower educational level they had a greater tendency to oppose taxes. one possible justification for this is that graduate students generally are older and more mature than undergraduate students, add that older citizens are more aware of the consequences if they don’t intentionally comply with taxes. based on the above, most previous studies indicated that the relationship is positive between tax ethics and tax compliance (alm & torgler, 2011; chan et al., 2000; frey & torgler, 2007; riahi-belkaoui, 2004), other studies have found that the relationship between them is either negative or that there is no relationship at all (ariel, 2012; slehat, 2009). public services indeed have predetermined standards to assist taxpayers in fulfilling their obligations. however, each tax service office must have different levels of service so that various perceptions arise from taxpayers (firnanda, 2017). if the quality of services provided by the tax authorities provides satisfaction and convenience to taxpayers, they will be more obedient in fulfilling their obligations. in contrast, if the quality of services provided does not provide satisfaction, taxpayers tend to avoid taxes. if this happens, the taxpayer will be given sanctions by applicable regulations to deter negligent taxpayers. sanctions with a high amount will make taxpayers more obedient in fulfilling their tax obligations (santoso, 2008). firnanda (2017) proves that service quality can strengthen the relationship between tax sanctions and taxpayer compliance. it shows that the tax authorities can build good trust with taxpayers so that taxpayers comply with tax regulations that have been set by not avoiding taxes. strategic solutions to cope tax moral on the compliance of individual taxpayers first and foremost based on theory of slippery slope is a theory which states that tax compliance will be formed because of two things, namely the power of authorities and trust in authorities. the power of authority is the taxpayer’s perception of the tax authorities’ ability to detect and provide penalties for taxpayers who violate tax regulations. trust in authority is the opinion of an individual or social group that the tax authority has a dependable performance and works for the good of society. this theory explains that social psychology and deterrence variables can affect tax compliance (cyan, koumpias, & martinez-vazquez, 2016). additionally based on tax simplicity law slemrod and bakija (2008) suggest that the ideal tax system should be fair, simple, and enforceable and promote economic prosperity. chattopadhyay and das gupta’s (2002) study suggests that the simplification of tax legislation might have a significant impact in encouraging tax compliance behavior amongst taxpayers. loo (2006) stated that the self-assessment system resultantly increases voluntary compliance and simplify the tax collection system. taxpayers belong to various backgrounds, with differences in their culture, income, educational background and tax knowledge. therefore, richardson (2006) and palil and mustapha (2011) stated that simplicity in tax law is significantly related to tax compliance. by simplifying the tax return, taxpayers will consider filing the tax return by themselves rather than deploying it to professionals (baer and silvani (1997). chau and leung (2009) observed that the complexity of the tax system has for long being determined as one of the main factors of tax evasion. the simplicity of taxes affects your opinion about proposed fair tax policies (murphy 2009). evidence shows that one of the factors leading to voluntary compliance is the simplification of tax payments (saad 2014), which implies that a complex tax system can be a deterrent to voluntary tax compliance. having tax laws that are consistent and stable in enactment and performance will make the tax pa ge 47 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 44-50, 2023 system less complex and can encourage tax compliance (ahangar et al. 2011). furthermore based on perception about government spending, luther and singhal (2014) stated that different types of government services which are financed by tax revenues affect an individual’s willingness to comply. voluntary tax compliance will increase if the government spends the national revenue wisely (palil and mustapha 2011). similarly, according to feld and frey (2007), taxpayers pay their taxes honestly, if they get valuable public services in exchange. these behaviors could be explained by acknowledging the social exchange theory and expected utility theories. expected utility theory (eut) states that the decision maker compares the expected utility values and then choose between risky or uncertain prospects and social exchange theory (homans 1958) explains above observations as the exchange of activity, tangible or intangible, between two parties. consequently, the tax payers will show compliance when they perceive that the tax amount is being exchanged with valuable public goods. taxpayer’s perception of government spending is meaningful in determining their fair compliance behavior (palil 2010; kirchgassner 2011). taxpayer’s sense of fairness will be encouraged by sufficient utilization of tax revenue on public goods (dragojlovic 2008). materials and methods research design the descriptive research design will be used to explore the correlation between the independent and dependent variables and collect any relation between these variables. this type of research design selected for this study is denominated descriptive design; this descriptive design is often used to investigate “what is” by combining quantitative and qualitative research methodologies, descriptive studies employ observational and survey methods to collect descriptive data (pereira& gheisari, 2017). target population population targeted will reached up to 100 individual taxpayers in qardho somalia because they will be a base of study and provided the relevant answers to the research questions. sample size yamane’s formula was bringing used to this study to determine the sample size yamane’s formula to obtaining the sample sure. decocting by the sample size, yamane’s formula is given by n= n/(1+n (e))2 n= sample size n=population size e= margin error n0= 100÷1+100*0.052 = 100÷1+100*0.0025 = 100÷1+0.00 25 = 80 sample procedure this study will be used probability sampling method because of finite and registered population, the procedure selected in this study will be simple random sampling method, because sample random is sampling techniques where every them in the population has an equal chance. research instrument this study will be used questionnaire instrument for collection data employed in qauntitative research, questionnaire were self-administrated close ended questions. the sample was carefully selected from the whole population of 80 individual taxpayers and this technique of questionnaire may be defined as technique of data collection in which each person is asked to respond to the same set of questions in predetermined order. the selection of this tool has been guided by the mature of data to be collected, the time available as well as by the objectives of the shady and the overall aim of study is to investigate the relationship between dependent and the independent. data analysis the frequency and percentage distribution will be used to determine the profile of respondents in analyzing and using statistical package of social science (spss version 20) to measure the degree of relationship between tax moral and compliance of individual taxpayers in qardho, somalia. ethical considerations in this study bearing in mind the ethical muses the researcher were provide to the respondents with the necessary information as regards the main purpose of the research, expecting duration and procedures to following, and be in position to keep privacy and not disclose the confidentiality of r espondents a nd researchers responsibility. results and discussion this section presents the analysis and discussion of the findings got f rom t he a dministered questionnaires. it contains the specific objectives of the study. demographic characteristics of respondents as shown in the table 1 below, five f actors were used to collect the demographic information relevant for the study. gender was the first demographic variable in which the respondents were asked to classify themselves as either males or females. out of the 80 respondents, 47, or 58.0%, were males compared to 32 females, or 39.5%. this indicates a male domination of the study, but it is understandable since the survey was targeting the literate somali population, and there are cultural issues in the country that allow male to outnumber females in the business opportunities. the second demographic variable asked the respondents their age. out of the 80 respondents,1 (1.2%) were less pa ge 48 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 44-50, 2023 than 20 years old; 24 (29.6%) were between the ages 20 and 30 years old , and were ages between 31 years and 40 old; 19 (23.5%) were between the ages 41 and 50; 23 (28.4%) were older than 50 years old. as the data indicates, a huge number of the participants fall in the 20 and 30 ages range. this means more than 78% of the survey respondents were youth, and it is quite understandable because, according to un reports, more than 75% of the somali population are less than 30 years old. we also asked the respondents what best described their current position. out of the 80, 39 respondents (or 48.1%) identified were business owner; 30 respondents, or (37.0%), were employee. 9 of respondents, or (11.1%) were local government staff, 2 respondents, (2.5%) were unemployment more than half of the survey participants were business owners that is indicates most somali communities are self-employment individuals. the study also identified the educational background of the respondents. 21 respondents, or (25.9%), were illiterate; 21, or (25.9%), were literate; 11 respondents, or (13.6%), were get diploma; and 25, of respondents or (30.9%), have finished their bachelor; 2 of respondents (2.5%), degrees of the survey respondents had completed their master education. there are several reasons why the bachelor degree holders have the highest share in the survey. first, it is normal that bachelor graduates prefer to acquire experiences before pursuing the second degrees. as explained in the following paragraph, a large number of bachelors participated in the survey, and most of them have bachelor degrees. the study also described the work experience of the respondents. out of 80, 19 respondents or (23.5%) worked above 7 years, 23 respondents, or (28.4%) worked 5-6 years, other respondents of 21 or (25.9%) worked 2-4 table1: demographic characteristics of the respondents variable values frequency percentage% gender of the respondent male 47 58.0 female 32 39.5 age of the respondent below 20 1 1.2 20-30 24 29.6 31-40 19 23.5 41-50 23 28.4 50 above 13 16.0 educational background illiterate 21 25.9 literate 21 25.9 diploma 11 13.6 bachelor 25 30.9 master 2 2.5 current position business owner 39 48.1 employee 30 37.0 local government staff 9 11.1 unemployment 2 2.5 working experience 1-2 years 16 19.8 2-4 years 21 25.9 5-6 years 23 28.4 7 above years 19 23.5 table 2: role of knowledge on the compliance of individual taxpayers role of knowledge on compliance of individual taxpayers strongly agree agree natural disagree strongly disagree you are satisfied with the payment of the tax obligations assigned by the government 26 43 3 3 5 32.2 53.1 3.7 3.7 6.2 the tax collection process is not transparent 20 43 2 12 3 27.4 53.1 2.5 14.8 3.7 you receive advance notices and warnings before 7 days of the tax payment period 7 24 7 32 10 8.6 29.6 8.6 39.5 12.3 there is a low working relationship between the tax collection teams and taxpayers 13 44 5 13 5 16.0 54.3 6.2 16.0 6.2 pa ge 49 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 44-50, 2023 years, and 16 respondents or (19.8%) worked 1-2 years. as the data results, the most number of the participants fall in the 5-6 years old, 23 of respondents or (28.4%) of worked experience as the result indicates this is causes the stopping and declines of the business opportunities and social initiatives. the role of knowledge on the compliance of individual taxpayers according to the above table.2, presented that the role of knowledge on the compliance of individual taxpayers, was scored 44 of frequency and percentage of 54.3% were agreed this result indicates that the overall, of knowledge plays a big role on the compliance of individual taxpayers was agreed. first question of objective one, shows that the respondents were agree that you are satisfied with the payment of the tax obligations assigned by the government of 26(32.2%), while respondents were agree that the tax collection process is not transparent of 43(53.1%), followed by that the respondents were disagree that you receive advance notices and warnings before 7 days of the tax payment of 32(39.5%), while the respondents were agree there is a low working relationship between the tax collection teams and taxpayers of 44(54.3%). table 3: impact of tax moral on the compliance of individual taxpayers impact of tax moral on the compliance of taxpayers strongly agree agree neutral disagree strongly disagree poor tax collection practices cause tax evasion 41 25 3 9 2 50.6 30.9 3.7 11.1 2.5 refusal to pay taxes affects your colleagues 11 26 6 31 6 13.6 32.1 7.4 38.3 7.4 non-transparent collection actions increase the fear and suspicion of the taxpayer 22 32 13 12 5 27.2 39.5 16.0 14.8 6.2 you face threats and fines without prior notice 15 34 7 18 6 18.5 42.0 8.6 22.2 7.4 impact of tax moral on the compliance of individual taxpayers according to the above table.3, presented that the impact of tax moral on the compliance of individual taxpayers, was scored 41 of frequency and percentage of 50.6% were strongly agreed this result indicates that the overall, of impacts tax moral on the compliance of individual taxpayers was strongly agreed. first question of objective two, shows that the respondents were strongly agree that poor tax collection practices cause tax evasion of 41(50.6%), while respondents were disagree that the refusal to pay taxes affects your colleagues of 31(38.3%), followed by that the respondents were agree that non-transparent collection actions increase the fear and suspicion of the taxpayer of 32(39.5%), while the respondents were agree you face threats and fines without prior notice of 34(42.0%). strategic solutions to cope tax moral on the compliance of individual taxpayers the study also explored the strategic solutions to cope tax moral on the compliance of individual taxpayers data presented in table 4 shows that the respondents were disagreed that there are written taxation rules related to the taxpayer procedure written by the local government of 24(29.6%), while respondents were disagreed that there are opportunities to create understanding and friendships created by the local government of 27(33.3%), followed by that the respondents were disagree that there are table 4: strategic solution to cope tax moral on the compliance of individual taxpayers strategies to solutions strongly agree agree neutral disagree strongly disagree there are written taxation rules related to the taxpayer procedure written by the local government 9 8 17 22 24 11.1 9.9 21.0 27.2 29.6 there are opportunities to create understanding and friendships created by the local government 2 16 21 27 14 2.5 19.8 25.9 33.3 17.3 there are local government development services to pay you back 1 6 12 35 26 1.2 7.4 4.8 43.2 32.1 there is constitutional provision in the constitution of the central government related to taxation 2 5 42 18 13 2.5 6.2 51.9 22.2 16.0 local government development services to pay you back of 35(43.2%), while the respondents were neutral that there is constitutional provision in the constitution of the central government related to taxation of 42( 51.2%). pa ge 50 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 44-50, 2023 moreover on strategic solutions to cope tax moral on the compliance of individual taxpayers 24( 29.6%) participants were believed that there are not written taxation rules related to the taxpayer procedure written by the local government, furthermore the most respondents whose participated there is constitutional provision in the constitution of the central government related to taxation were answered had no opinion( neutral ) related for the constitution. conclusions this study has pointed up the individual taxpayers in qardho district were not met a good moral tax administration, that may cause the taxpayers to lack of coherent social contract and then that encouraged on refuse paying taxes.at the moment the poor tax moral system it that may lead to non-compliance, with this problem the tax administration teams faced more challenges as effected evasion of taxes, corruption, lower of income level, administration sanctions and lack of accountability. during the study, here are some of the challenges that the researcher may face study had no research is conducted before the researcher regarding the issues under study in somalia, the researcher faces to research which no further foundation or study has been made before in this environment, also lack of enough time to make the research study, furthermore some of the respondents are not willing to do proper answers, so they give socially acceptable answers to hide the real problems in their environment. from the findings of this study several recommendations could be forwarded. the local government should prioritize creating written laws of taxes. also government must be improved tax system in that increased tax and budget knowledge by taxpayers will help the system to better meet the principles of good tax policy. in addition must be done enforcement together efforts of the effectiveness of tax system in both of the government and taxpayers. there should be also a government piloted theory of planned behavior describes a central factor in individual behavior influenced by individual intentions for certain behaviors (behavioral intention); the intention to act is influenced by attitude, subjective norm, and perceived control behavior. furthermore, the government should interested in structuring tax laws to minimize non-compliance is essential. more ever local government should promote accessibility and visibility of information on the tax laws and their development, modification and purpose are necessary for taxpayers. references abdirahman, k., & stogdon, h. (2020). tax and the state in somalia understanding domestic revenue mobilization. may, 1–8. alkhatib, a. a., hamad, m. z., & hermas, m. d. (2020). the impact of tax ethics and knowledge on tax compliance among palestinian taxpayers. international journal of academic research in business and social sciences, 10(6), 1–8. andini, m., & rahmiati, a. (2020). journal of security and sustainability, 10(34), 426–437. hamdan, l., al-abbadi, m., zuhier, r., almomani, q., rajab, a., alhaleem, a., rumman, a., mohammad, a., & khraisat, i. (2019). impact of human capital development and human capital isolation mechanisms on innovative performance: evidence from industrial companies in jordan. 11(15), 107–119. https://doi.org/10.7176/ejbm hassan, i., naeem, a., & gulzar, s. (2021). voluntary tax compliance behavior of individual taxpayers in pakistan. financial innovation, 7(1), 1–23. https://doi. org/10.1186/s40854-021-00234-4 mohamud, a. a. (2019). reforming the tax system of the federal government of somalia. journal of tax administration, 5(2), 125–137. https://www. researchgate.net/publication/335230836 rahmah, r. (2021). quality services moderation on moral impact of taxpayers and tax penalties on compliance taxpayers. atestasi : jurnal ilmiah akuntansi, 4(2), 155–163. https://doi.org/10.57178/ atestasi.v4i2.47 rahmah, r. (2021). quality services moderation on moral impact of taxpayers and tax penalties on compliance taxpayers. atestasi : jurnal ilmiah akuntansi, 4(2), 155–163. https://doi.org/10.57178/ atestasi.v4i2.47 pa ge 1 pa ge 1 american journal of society and law ( ajsl) lupin conference and the tensions between ikhwan and ibn saud mohammed muqhim alawni1* volume 2 issue 1, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i1.1093 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: december 20, 2022 accepted: january 09, 2023 published: january 14, 2023 the lupin conference was held in 1930 to reach a peace treaty between iraq and saudi arabia. this study aims to highlight the issues and concerns that compelled the saudi authorities to demand the extradition of farhan bin mashhour from iraq. this study is based on the review and consolidation of secondary data regarding the rebellion of the leaders that was discussed at the lupin conference in 1930. the sources mentioned in the country library were reviewed, particularly those records were focused that mentioned the rebellious attitudes of foreign politicians to affect the sovereignty and stability of the kingdom of saudi arabia. the study found that the peace treaty in 1930 at the lupin conference was a win-win situation for iraq and saudi arabia, as it paved the way for future beneficial associations. british officials also agreed to the extradition of ikhwan leaders from iraq and handing over to ibn-saud. keywords farhan bin mashhour, ibn-saud, ikhwan, king faisal, lupin conference 1 modern history, imam muhammad ibn saud islamic university, saudi arabia * corresponding author’s e-mail: mmalawni@imamu.edu.sa introduction the lupin conference was held in 1930, and the key agenda of this conference was to reach a peace treaty between the two countries (britain, 1974). the key participants in this conference were king faisal of iraq and king ibn-saud of the kingdom of saudi arabia (ksa). the conference discussed the concerns and reservations regarding farhan bin mashhour. he was found to be involved in various rebellion acts against ibn saud, due to which authorities in saudi arabia had cast aspersions regarding his motives and intentions. the conference took place in a friendly and cordial environment, and the iraqi authorities acknowledged the rebellion acts of farhan bin mashhour. king faisal agreed to hand over the family of ibn mashhour to the saudi authorities so that the family could be tried under saudi laws and regulations. it was regarded as a goodwill gesture from iraq to the ksa. the kings agreed to a peace agreement on lupin, the british naval ship. the treaty was signed in the persian gulf, and the landmark month and year were february 1930 (uca, 2021). this study aims to analyze the phenomenon of disposing of the rebellion leaders, also known as fitna ibn mashhour. the findings of the study are based on historical records and the review of the country library. the study finds out how the rebellion leaders were a potential threat to the sovereignty of ksa and how the leaders of iraq and ksa entered into a mutual agreement to end this rebellion act. method this study is based on the review and consolidation of secondary data, which was obtained from the country library. the records and sources extracted produced 87 sheets that formed the foundation for developing key themes in the current study. these themes were derived, consolidated, and summarized by using the approach of thematic analysis (castleberry & nolen, 2018). the following sections highlight each of these themes under the relevant headings. historical development the modern state of ksa came into being in 1932. the leader of the al-saud family abdul-aziz al saud spent a significant portion of his life in exile in kuwait. in 1902, this exile ended, and the leader aimed to face the conflicts (ryan, 2018). king abdul aziz had been successful in making the alrashid family out of najd, and this victory was followed by the triumph of the ottoman empire in 1913. ksa got hold of the sizable area of the persian gulf and also got possession of vast reserves of oil. this resulted in the economic stability and prosperity of ksa, and the country took the lead among the oil-based economies (ryan, 2018). king abdul aziz had not attempted the invasion of hijaz before 1923. it was because he knew that then king hussein bin ali enjoyed huge support from britain and britain had a colossal power at that time, influencing different countries and geographical boundaries. king hussein ibn ali requested military assistance from the british, but the british government declared its impartiality in the dilemma. however, a conference was held in riyadh in july 1924, stating complaints against the hijaz. at the time, ikhwan units made advancements toward mecca and promoted the notion of reformed practices (sinani, 2022). ikhwans were renowned warriors and nomadic bedouins. they were passionate wahhabi islamic puritans who wanted their interpretation of islam to conquer the middle east. hijaz was conquered by them in 1925. britain recognized the rule of king abdul aziz in may 1927 through the treaty of jeddah. this was a landmark achievement by the saudi authorities, and they wanted https://doi.org/10.54536/ajsl.v2i1.1093 https://journals.e-palli.com/home/index.php/ajsl pa ge 2 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 1-6, 2023 to continue with their current geographical boundaries because abundant oil reserves and the custodianship of sacred places had ensured the economic viability and sustainability of the region. however, ikhwan leaders were interested in advancements and further expansion of the territory by promoting the notion of wahhabism. king abdul aziz did not agree with this idea of expansion. the king anticipated that these motives of advancements might end up with direct tussles with the britain authorities, which would not be in the interest of ksa. it is because britain had just recognized ksa in 1927, and it would not be a prudent strategy to invite anger from britain (safran, 2018). therefore, the two kingdoms of hijaz and najd were together announced as ksa in 1932. two neutral zones were also created, one associated with kuwait and the other with iraq (demmelhuber, 2021). rebellion acts of ibn mashhour the rebellion acts of ibn mashhour were aimed at destabilizing ksa and increasing the influence of wahabism in the country. the fitna was promoted by projecting false information about the concepts and beliefs of the population. the aim and intent of ibn mashhour were to create a distaste regarding the current ideological approaches of ksa. since the ikhwan had led the triumph of ksa, the kingdom was influenced by the belief system of ikhwan, which was highly influenced by wahabism. the ideological war against these concepts was manifested by fitna al mashhour (uca, 2021). the authorities in ksa had to take this matter seriously. since farhan bin mashhour was based in iraq, ksa authorities couldn’t contain his efforts and motives directly. the lupin conference is considered a milestone and achievement for ksa. it is because the modern ksa was formed in 1932, and the year of the lupin conference coincided with this event. at that time, there was a risk and fear that the iraqi authorities might not cooperate with ksa. however, the leadership of ksa was successful in realizing the harmful potential of the rebellion acts on king faisal of iraq. as a result, when the iraqi authorities agreed to hand over the ibn mashhour family to ksa (uca, 2021), the government was in a better position to address the ideological movements of farhan bin mashhour against the concepts and beliefs of the saudi population. ikhwan revolt the saudi authorities discussed the concerns and reservations regarding farhan bin mashhour at the lupin conference because he was involved in various rebellion acts against ibn saud. the rebellion motives of farhan bin mashhour can be analyzed in the larger context of the ikhwan revolt. this revolt by the ikhwan group started in 1927 (silverfarb, 1982). three tribesmen that were actively involved in this rebellion were otaibah, mutayr, and ajman. they challenged the authority of ibn saud because the saud family was gaining control in saudi arabia. although saudi arabia gained independence in 1932, the saud family was gaining control of different territories by that time, and ikhwan believed they were losing their influence over the population. they believed they were key participants in the freedom struggle, but in the power dynamics, they exercised little control. the tactic used in the ikhwan revolt was to engage in cross-border raids that made it difficult for ibn-e-saud to contain their movements with their efforts. the crossborder raids were extended to the territories of iraq, jordan, and kuwait. december 1928 was a time when tensions increased between ibn saud and ikhwan leaders, and the attacks resulted in the loss of many valuable lives. ibn saud had acquired a stronghold and power by that time in saudi territories, and the main instigators in ikhwan were defeated successfully by ibn saud in march 1929. this battle is popularly known as the battle of sabilla (shayan, 2017). it was a big blow to the ikhwan leadership, and in the aftermath of this battle, faisal al dawish assumed the leadership of ikhwan. however, he also left for kuwait in the last months of 1929. since the british authorities were enjoying a colonial power at that time, the problems and issues did not end for faisal al dawish, and he was eventually detained by the british authorities. at the request of ibn saud, faisal al dawish was also handed over to the saud family. the detention of faisal al dawish also paved the way for the surrender of other ikhwan leaders, including farhan bin mashhour. the ikhwan revolt highlighted the conditions of saudi arabia before independence when the territory faced different tribal wars. all tribal leaders had sensed that the road to independence was near, and it was high time to gain the maximum share of the power. when ibn saud was successful in dealing with the revolt of ikhwan leaders, the unification of saudi arabia turned into reality under the leadership of ibn saud. ikhwan leaders had played a key role in different conquests before independence. ikhwans had also established the wahhabist-bedouin army and the main leaders in this army were faisal al dawish and sultan bin bajad (al-fahad, 2004). however, the conquest of hijaz is seen as the turning point where the approaches of ikhwan leaders differed significantly from the ibn saud. ikhwan leaders did not contend in the victories so far, and they wanted further expansion in their territories under the ideology of wahabism. their expansion plans also included iraq, kuwait, and jordan. one of the reasons king faisal of iraq agreed with king ibn-saud regarding the extradition of farhan bin mashhour was that the ikhwan leaders also threatened the iraqi territory. king faisal believed that if necessary cooperation was not extended to the saudi authorities and farhan bin mashhour was not handed over to them, ikhwans may also become a threat to the sovereignty of iraq. historical context ibn saud got control of saudi territory in 1902 in riyadh. a significant development was made in 1912 in that area when there was the establishment of the ikhwan https://journals.e-palli.com/home/index.php/ajsl pa ge 3 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 1-6, 2023 (brotherhood). the establishment of ikhwan was made to promote the wahabist approach to islam, which is close to the sunni sect of islam (bbc, 2019). after its establishment, ikhwan was a source of great support for ibn saud. another significant development in the islamic movements was between 1921 and 1925, when the ottoman empire ended. this event encouraged ibn saud to exercise more influence, and the family took control of najd and hijaz. these two areas have the famous cities of mecca and medina, which are considered sacred by the whole muslim community. beginning in 1928, ibn saud started promoting a modernization approach in islam (bbc, 2019). it was a time when there were huge conflicts and differences between the ikhwan leaders and ibn saud. ikhwan leaders argued that all the conquests had the active participation of ikhwans, and the establishment of ikhwan was based on wahabbi sunni islam. the modernization policies created acceptance and assimilation of other interpretations of islam as well, and it was not acceptable for ikhwans. the successful elimination of ikhwan leaders through an agreement in the lupin conference made ibn saud the single power in saudi arabia. in september 1932, king abdulaziz assumed power in the kingdom of saudi arabia. the power struggles in the initial period of saudi arabia are also attributed to economic instability. saudi arabia is now an oil-rich country and has a highly stable economy. however, oil was discovered in the kingdom in 1938, and aramco was the first company that initiated oil production in 1938. therefore, economic deprivation also inclined different tribal leaders to get maximum hold of power. it is because without assuming the powers, they could not have higher control over the factors and means of production. the decade of the 30s is also remembered for the great depression, which made the economic situation more challenging for saudi arabia (crafts & fearon, 2013). fitna ibn mashhour ikhwan and ibn saud had worked in collaboration for a long time. however, when ibn saud attempted to modernize the saudi territory, differences developed between them. ikhwan pointed out that all the efforts to conquer the territory were based on a basic and minimum agenda that the conquered territory would protect their faith and lives. they wanted to continue with the wahabist approach to islam and were intolerant of other interpretations of islam. ibn saud wanted to build cordial relations with other muslim countries because they had also conquered mecca and medina and wanted to provide leadership to the muslim world. their attempts were both in the form of within-state rebellion and cross-border raids. ikhwans wanted to have a small nation-state where they could practice their faith with freedom and autonomy. as an alternative, they wanted to be associated with other states, such as iraq, kuwait, or jordan, so that they could be saved from the new and modern ideologies of ibn saud. these two options of ikhwans were contradictory (hagar, 1981). for a small nation-state, they had demanded its place in the nejdi land. the british authorities couldn’t accept this demand because it would be against the obligations of the british to ibn saud. the occupation of ibn saud on nejd had been acknowledged by the british authorities. the second option, where the ikhwan demanded to be recognized as kuwaitis and not saudis, was also impossible for britain. kuwait was a small state, and there was a real threat that if ikhwans were allowed to penetrate kuwait, they could have revolted against the kuwaiti authorities. ibn saud was also not in favor of providing refuge to ikhwan in kuwait. british authorities were also suspicious about the new loyalties of ikhwans. by 1930, both ibn saud and british authorities had realized that the revolt of ikhwan was rooted in religious discontent, and they wanted to promote religious ideologies under their political agenda. a british official dickson, while analyzing these demands of ikhwans, urged them to reconcile their differences with ibn saud (hagar, 1981). when the appeal of ikhwan to the british officials was unsuccessful, ikhwans again tried to contact dickson on july 24, 1929, through farhan ibn mashhour. faisal al dawish was also very active at that time, and during this negotiation period, he pushed women, older adults, and children from ikhwans into kuwait. since they revolted against ibn saud, they were facing a food shortage in najd, and they believed that staying in kuwait would reduce their misery. the meeting of farhan ibn mashhour and faisal al dawish with dickson was held on july 30, 1929, in kuwait (hagar, 1981) . however, dickson was not satisfied with the demands of the two ikhwan leaders, and both were asked to leave kuwait after the meeting. in this meeting, farhan ibn mashhour represented the whole ikhwans, and their demands for a political agreement were presented to dickson. in this meeting, ibn mashhour falsely claimed the victory of the ikhwans and said, “we are victorious today, and as such, we consider it a suitable time to reiterate our promises of friendship with the english and to reassure h. m. g. that we, ikhwan, will not again attack the iraq or kuwait tribes” (hagar, 1981). when the demands of ikhwan leaders were not accepted by dickson, ibn mashhour threatened that british authorities must provide ikwhans asylum in iraq or kuwait. if these demands are not fulfilled, the ikhwan leaders will turn to france to seek help. when all efforts of the ikhwan leaders could not bring any meaningful results, the ikhwan leaders threatened that they would instigate the whole of najd against ibn saud. ikhwans was involved in many raids against nejdi tribes that mostly occurred in september 1929. ibn saud criticized the approach of the british official dickson because he had softly dealt with the two ikhwan leaders in kuwait (hagar, 1981). according to ibn saud, the two leaders should not be allowed to depart by british authorities and should be behind bars. ibn saud considered it a change in the policy of the british authorities. ibn saud also pointed https://journals.e-palli.com/home/index.php/ajsl pa ge 4 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 1-6, 2023 out an agreement that if ikhwan leaders entered kuwait territory, they would be attacked at once (hagar, 1981). from the perspective of british authorities, soft dealing was essential to portray a neutral stance to the world community. british authorities did not want to take sides between ikhwans and ibn saud for fear of strong reactions from muslims in other parts of the world. however, the authorities also wanted to have good relations with ibn saud because they had emerged as leaders and promoted a progressive side of the religion (alon, 2010). the british authorities ensured that ikhwan leaders would never be successful in overthrowing the rule of ibn saud. nevertheless, ibn saud considered the revolt of ikhwan as a continued threat to his rule, and lupin conference demands can be seen in this historical perspective. wahhabism in the approaches of ikhwan leaders, including farhan ibn mashhour and faisal al dawish, during 19291930, it was evident that the ikhwan movement wanted to continue with the ideology of wahhabism in their conquered territories. therefore, it is imperative to analyze how wahhabism is placed in the islamic school of thought and how it differs from other communities of interpretation. sunni and shia are two major sects in islam, and wahhabism is attributed to a subset of sunni doctrine (ayoob & kosebalaban, 2009). this school of thought emerged after the preaching of muhammad ibn abd al-wahhab, who was an islamic scholar in the eighteenth century (macris, 2016). it is considered an orthodox interpretation of islam, in which monotheism is considered the best approach to worship. due to their firm beliefs in the oneness of god, the followers of this school of thought are also known as muwahid (macris, 2016). although the key theologian promoting wahhabism, muhammad ibn abd al-wahhab died in 1792, there were still a large number of followers of wahhabism in the arab world. the large presence of the followers in saudi arabia can be explained by the fact that the reform movement was started by muhammad ibn abd al-wahhab in najd, saudi arabia. he gave the concept of bid’ah, which referred to those practices in islam that had been added after the death of the holy prophet (pbuh) and had no relevance to the basic teachings and principles of islam (rosen, 2006). for example, the veneration of saints and pilgrimages to the shrines were termed idolatrous impurities that were added to islamic practices. therefore, the followers should focus on the oneness of god and avoid idolatrous acts. there was an agreement between muhammad ibn abd al-wahhab and muhammad bin saud. as per the agreement, muhammad ibn abd al-wahhab accepted the political authority of ibn saud. saud family allowed free propagation of the wahhabi movement and more share in land acquisition and power (rosen, 2006). after this agreement, an alliance continued with the followers of both parties for an extended time. the house of saud followed the religious ideologies of the wahhabi sect. however, when saudi arabia gained independence in 1932, ibn saud was ruling the country. at that time, the country’s rulers wanted to portray a modern image of the country. even today, the interpretations of islam are mostly based on the teachings of ibn abd al-wahhab. this has been the issue at the government level in the kingdom. the events of 1929-1930 emerged on the political front. however, the analysis in the current study indicates that the political conflicts were rooted in differences in religious ideologies. there has been such a widespread promotion of wahhabism in saudi arabia that any deviations from the teachings and principles of this sect create frustration and anger among the local population. fitna ibn mashhour also emerged because ikhwan was established based on the wahhabism approach and the leaders were not ready to change their narratives. they believed that they had been successful in conquering different areas based on wahhabism interpretations. now, when they have acquired a significant portion of the land, they should be allowed to continue their practices based on wahhabism. the issue with the wahhabism approach is that it is not a majority representation of islam (alibrahim, 2015). wahhabism has a strict emphasis on the pure teachings of islam and shariah. the interpretation believes in the literal interpretations of the quran and hadith, and there is no room for multiple interpretations, diversity, and pluralism. wahhabism is also correlated with salafism, and the ikhwan movement in egypt followed the salafi approach (al-ibrahim, 2015). this rigid interpretation of islam causes issues in reconciling with other communities. for example, the freedom available to women is limited, and different forms of art and aesthetics are not appreciated in this interpretation. therefore, it was the right approach on the part of ibn saud to promote the modern interpretations of islam. ikhwan leaders, including farhan ibn mashhour and faisal al dawish, opposed these initiatives because they lost their power and influence in the territory. they had gathered a large number of followers that had been attracted to wahhabism practices. the deviation from these practices was considered a loss of power, and the differences were on a constant rise during 1929-30. lupin conference can be considered a deciding and landmark moment in this era of tensions between ikhwan and ibn saud. ibn saud and king faisal of iraq realized that it was not prudent to encourage the extremist ideologies of ikhwan leaders. they are instigating and provoking religious sentiments for their benefit. if they were allowed to advance their agenda, they would not limit their transgressions to the saudi territory. they will also infiltrate iraq, jordan, and kuwait. the british authorities had also realized that their soft dealings with the ikhwan leaders might affect their ties with the arab leaders (hagar, 1981). the role of british authorities the british authorities had assumed a neutral role in the tensions between ikhwan leaders and ibn saud (hagar, https://journals.e-palli.com/home/index.php/ajsl pa ge 5 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 1-6, 2023 1981). ibn saud was not pleased with this strategy because it was motivating the ikhwan leaders, and they were increasing their demands on the authorities. ikhwan leaders even claimed that promoting wahhabism was part of their agreement with ibn saud, and they could not adopt another approach contrary to the agreement (hagar, 1981). ibn saud was well aware of all these developments, but still, they chose to address this issue diplomatically. it was a good strategy for ibn saud because they were already facing opposition from ikhwan leaders and focused their strategies on addressing the immediate internal threat. the threat of ikhwan leaders was to such an extent that the overall rule of ibn saud could be overthrown. therefore, ibn saud instead decided to seek aid from british authorities and king faisal of iraq, and lupin conference had the representation of both parties. the negotiations and deliberations turned out to be in favor of ibn saud, and they were successful in the extradition of ikhwan leaders from iraq. ibn saud was also successful in explaining the benefits of the new approach to islamic principles. the rulers still followed the principles of the quran and sunnah but argued that they did not want to jeopardize the unity of islam. they respect other interpretations as well. they explained that muhammad ibn abd al-wahhab was not the creator of any new sect in islam (kechichian, 1986). it was his interpretations and preaching, and because of a wider influence, it was termed a wahhabi movement. they highlighted that they wanted to be part of the mainstream of islam and wanted to play an active role in modern civilization. when the issues of ikhwan leaders were not addressed adequately by the british authorities, they asked ibn saud to discontinue their relationships with the british authorities. however, ibn saud did not accept this demand and continued collaborating with the british authorities. ibn saud presented specific demands to the british authorities in the context of fitna ibn mashhour. all their demands were consolidated into specific demands (hagar, 1981). the first demand was to provide necessary military support to combat the rebellious motives of ikhwan leaders. the next demand was the expulsion of ikhwan from kuwait. when ikhwan leaders held a meeting with the british official dickson, they demanded the propagation and implementation of wahhabism in the saudi territory and particularly in najd. the next option presented to them was to move to kuwait, where they could practice their ideologies freely. however, the demand of ibn saud was the immediate expulsion of ikhwan leaders because they believed that if ikhwans were allowed to settle in kuwait, they would increase their influence by living there. furthermore, it would harm the sovereignty of all neighboring states, including iraq, jordan, and saudi arabia. therefore, the third demand of ibn saud was the creation of a blockade between najd and kuwait. without such a blockade, there could have been movements to kuwait without the consent of ibn saud. these demands were also communicated and discussed with shaikh ahmad of kuwait. one of the reasons the movement of ikhwan followers in kuwait occurred was because shaikh ahmad of kuwait did not cooperate with ibn saud. he sympathized with the ikhwan rebels because he had developed differences with ibn saud. he anticipated that if ikhwans were successful in toppling ibn saud from the throne, kuwait might have good ties with the new rulers (zahlan, 2015). however, in the public sphere, the ruler of kuwait did not openly support ikhwan because he did not want to upset british authorities. the proposed blockade between kuwait and najd was also not liked by the ruler of kuwait because it would also translate into an economic blockade considering the higher trade between najd and kuwait. the british officials accepted ibn saud’s demand to increase controls on the kuwaiti borders. however, a soft stance was taken on the other demands. it was a setback for ibn saud because it allowed the free operations of ikhwan leaders. therefore, in the lupin conference, when the leaders of ikhwan had fled to iraq, the demand of ibn saud was the immediate handover of ikhwan leaders to ibn saud, including farhan ibn mashhour and faisal al dawish. conclusion this study was based on the review and consolidation of secondary data regarding the rebellion of the ikhwan leaders against ibn saud that was discussed at the lupin conference in 1930. the lupin conference was held in 1930 to reach a peace treaty between iraq and saudi arabia. in the conference, saudi arabia expressed reservations regarding ikhwan leader farhan bin mashhour who was involved in various rebellion acts against ibn saud. the study highlighted the issues and concerns that compelled the saudi authorities to demand the extradition of farhan bin mashhour from iraq. during 1929-1930, as ikhwan had attained a significant portion of the land, they assumed to be allowed to continue practicing the religion based on wahhabism. but the ideology contradicted ibn saud’s idea of modernization within the region, which had a tremendous setback on the ikhwans and resulted in their flight to iraq. later on, the leaders of the ikhwan rebels relocated to al-jihara in kuwait after fleeing iraq. faysal al-dawish and other ikhwan commanders were flown from kuwait to king abdul-aziz’s camp at khabari wadha on january 28, when they were handed up to the king. dickson was also in attendance. the leaders were imprisoned in riyadh. faysal al-dawish died in his riyadh cell in october 1931 after suffering from pain for a month due to significant growth in the lower region of his throat. farhan bin mashhour was not handed over to ibn saud, but he settled in syria from 1930 until he died in 1935, where he died after fighting with his cousin. acknowledgement the author has contributed to the designing, executing, analyzing, and writing this article. https://journals.e-palli.com/home/index.php/ajsl pa ge 6 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(1) 1-6, 2023 conflicts of interest statement the author has no conflicts of interest to declare. references al-fahad, a. h. (2004). from exclusivism to accommodation: doctrinal and legal evolution of wahhabism. nyul rev., 79, 485. al-ibrahim, b. (2015). isis, wahhabism and takfir. contemporary arab affairs, 8(3), 408-415. alon, y. (2010). british colonialism and orientalism in arabia: glubb pasha in transjordan, 1930-1946. british scholar, 3(1), 105-126. ayoob, m., & kosebalaban, h. (2009). religion and politics in saudi arabia: wahhabism and the state. lynne rienner publishers boulder, co. bbc. (2019). saudi arabia profile – timeline. . https:// www.bbc.com/news/world-middle-east-14703523 britain, g. (1974). public record. lists and indexes: supplementary series. https://books.google.com/ books?id=jktt92mqcbmc castleberry, a., & nolen, a. (2018). thematic analysis of qualitative research data: is it as easy as it sounds? currents in pharmacy teaching and learning, 10(6), 807-815. crafts, n., & fearon, p. (2013). the great depression of the 1930s: lessons for today. oxford university press. demmelhuber, t. (2021). archive wars: the politics of history in saudi arabia by rosie bsheer. the middle east journal, 75(2), 334-335. hagar, g. (1981). britain, her middle east mandates and the emergence of saudi-arabia, 1926-1932: a study in the process of british policy-making and in the conduct and development of britain’s relations with ibn saud keele university. kechichian, j. a. (1986). the role of the ulama in the politics of an islamic state: the case of saudi arabia. international journal of middle east studies, 18(1), 53-71. macris, j. r. (2016). investigating the ties between muhammed ibn abd al-wahhab, early wahhabism, and isis. the journal of the middle east and africa, 7(3), 239-255. rosen, l. (2006). wahhabi islam: from revival and reform to global jihad. the historian, 68(1), 123-125. ryan, p. o. l. (2018). the role of religion, the ikhwan and ibn saud in the creation of the kingdom of saudi arabia safran, n. (2018). saudi arabia: the ceaseless quest for security. cornell university press. shayan, f. (2017). regional rise of the al qaeda threat following the iraq war. in security in the persian gulf region (pp. 149-173). springer. silverfarb, d. (1982). great britain, iraq, and saudi arabia: the revolt of the ikhwan, 1927–1930. the international history review, 4(2), 222-248. sinani, b. (2022). post-salafism: religious revisionism in contemporary saudi arabia. religions, 13(4), 340. uca. (2021). kingdom of nadj-hijaz (1916-1932) (2021). https://uca.edu/politicalscience/dadm-project/ middle-eastnorth-africapersian-gulf-region/kingdomof-nadj-hijaz-1916-1932. zahlan, r. s. (2015). king abd al-aziz’s changing relationship with the gulf states during the 1930s. in state, society and economy in saudi arabia, routledge, 58-74. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 51 american journal of society and law ( ajsl) rustling and human security in nigeria: an analysis of ecowas response akah augustine ugar1*, ekpo tony johnson2, okocha collins chukwuka2 volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.2014 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: september 30, 2023 accepted: october 26, 2023 published: october 30, 2023 this study analyses ecowas response to rustling and human security in nigeria. the central theme of the argument in the study is that rustling poses a significant threat to human security in nigeria. this implies that diaries and beef consumption are altered by the activities of rustlers, insurgents, terrorists, kidnappers, and bandits. this, in turn, also poses a significant risk to animal life, human security, and food security in nigeria. thus, in line with mainstream submissions in the extant literature, the study’s findings indicate that rustling threatens human and food security in nigeria. to address these security issues, the study recommends that the government should come out with a new dimension to national security, secure the national borders by documenting and using forensic technology to record the details of people and commercial trade activities at the wall, and also seek subregional cooperation with ecowas member states. keywords rustling, human security, insurgency, farmer, herder, conflict, ecowas response 1 institute of international political sociology, kiel university, germany 2 department of history & international studies, university of uyo, uyo, nigeria * corresponding author’s e-mail: firstclassakahaugustine@gmail.com introduction violent conflicts involving pastoralists have escalated in west africa in recent years, claiming thousands of lives and properties across the region. these conflicts were primarily driven by competition for land, water, and forage, but political and socio-economic factors were also involved. this crisis negatively affects farmers and agricultural production. also, banditry and cattle rustling are severe problems associated with these conflicts, especially in areas where the state was weak or where state officials were linked to armed groups. the scale and frequency of farmer-herder battles varied greatly among and within west african states, and the increased use of sophisticated weapons intensified these conflicts. to address most of the pastoral-related issues, such as banditry, terrorism, cross-border crimes, and cattle rustling, in the west african sub-region, the ecowas policies were adopted and implemented. by adopting the ecowas protocol on transhumance (1998) and supporting regulation (2003), ecowas member states recognized cross-border pastoralist transhumance as a valuable economic activity. it defined a regional regulatory framework for cross-border transhumance based on the ecowas principle of free movement of persons, services and goods. also, the ecowas agricultural policy (ecowap) of 2009 to be implemented by the ministers of livestock, trade and security was adopted as a guiding principle for developing the livestock industry in the ecowas region. unfortunately, with these policies and implementation efforts, some countries in the region still experience myriad security challenges at an increasing level. (ecowas-unowas, 2017). nigeria had more fatalities in farmer-herder conflicts than the rest of the ecowas member states combined and had faced significant challenges implementing its legislation on pastoralism. the frequency and spread of cattle rustling nationwide have been a concern. this activity did not only result in the stealing of herds of cattle but also in the high death toll of herders and sometimes local farmers and residents. several reports of bandits with sophisticated automated weapons attacking farms and herders’ settlements to cart away cattle and stage cattle proliferation also filled the airwaves of the nation’s media. the evolving nature of this criminal activity manifested in nearly every part of nigeria with daily occurrences (egwu, 2015). for instance, plateau state – a state in the middle belt of nigeria, recorded cattle-rustling activities in mangu, bokkos, barkin ladi, shendam, jos south, riyom, langtang north, and langtang south (leadership newspaper, 2014). several villages in the regions between the four northern states of kaduna, katsina, zamfara, niger and benue were also found in the middle belt under siege from cattle rustlers who unleashed terror on helpless herders and cow farmers. also, the 2016 nigeria watch project: sixth report on violence recorded that the main drivers for deaths in the country were crime and conflicts among herders, a shift believed to have probably arisen from the containment of the boko haram insurgency (adams et al., 2016). this is no surprise as cattle rustling evolved into organized crime with immense criminality, leading to a high death toll, as evidenced in nigeria. as the violence continues, ecowas responses have been insufficient in tackling the marauding attacks, especially in the country’s northeastern part. literature review conceptual analysis of rustling in nigeria rustling is an age-old and profoundly entrenched feature of pastoralist livelihood. it fostered competition pa ge 52 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 51-57, 2023 between groups that found themselves in harsh, delicate environments, which also served as a means of primitive accumulation of a herd of cattle in the context of subsistence and commercial pastoralism (blench, 2004). the practice dates back to ancient history; the first recorded cattle raids were conducted over seven thousand years ago, though the problem persisted, even in developed countries. for instance, the san francisco chronicle (iom, 2019) reported that rustling was rising in california, involving an estimated 16,000 herds of cattle, with the calves reportedly missing and stolen from california farms and ranches valued at more than $9 million. between 2008 and 2015, for example, rural banditry escalated in the rural areas of north-western nigeria, including the states of zamfara, katsina, kaduna, the niger and fct abuja. this phenomenon was often misunderstood and equated with the violent farmerherder conflicts in nigeria’s middle belt. pastoralists in the north were particularly affected by rustling. this involved the stealing of cattle and other animals from herders or the raiding of cattle from ranches. rustling was originally a culturally embedded practice that mainly served to reconstitute herds after a significant crisis or to secure bride price payments. the course was perceived to be driven by different needs, including cash, some groups’ need for meat, or as a means of revenge for damaged crops. for years, however, cattle rustling was transformed into a vicious criminal activity, far beyond a quasi-cultural practice and the low-intensity conflict that previously defined the relationship between farmers and grazers. it became a form of economic crime orchestrated by wellorganized networks, often with the backing of some highranking officials. in northern nigeria, wealthy individuals staged and financed large-scale rustling operations by well-armed groups of unemployed young pastoralists, usually involving several thousand animals and complex logistic processes. other forms of rural banditry include street robbery, rape, kidnapping, organized attacks in villages and communities, and looting. they all seriously affect farmers’ and herders’ asset bases and livelihoods. as herders and farmers armed themselves to fend off bandits, there was the risk of further violent escalation of conflict since many farmers believed that local pastoralists carried out rustling. these, however, were also victims of such practices. pastoralists reacted to rustling by retreating into remote areas, including natural reserves, and limiting their herds’ mobility. both methods negatively impacted their ability to access services and maintain their flocks in a productive state. when security forces got involved in rustling cases, they often failed to distinguish between pastoralists who were victims of crime and criminals who committed crimes (kuna et al., 2015). rustling became a significant security issue in northern nigeria. pastoralists practiced raiding for many years as a cultural pattern of showing male prowess and restocking depleted herds. over the past years, however, it evolved into organized crime. the most affected states include benue, gombe, kaduna, katsina, nasarawa, the niger, plateau, taraba and zamfara, with neighboring states also involved. within these states, rustlers operated out of inaccessible forest areas such as the dajin rugu forest stretching from kaduna through katsina to zamfara, where they had their bases and accumulated the stolen animals before trucking them to the urban markets. rustlers attacked farmers and pastoralists, who preferred transhumant pastoralists from neighboring countries, who drove larger herds and were less able to connect to the local security forces. for this reason, pastoralist movement from niger into nigeria has declined by 80 per cent since 2012 (iom, 2019). rustlers attacked villages and pastoralist settlements, maimed or killed their inhabitants, raped women, kidnapped girls and drove away the cattle. available figures on cattle rustling were anecdotal but highlighted the size of the phenomenon. in 2013, cattle rustlers killed 322 herders and stole over 30,000 cattle in five northern states (okoli & okpaleke, 2014). overall, it is estimated that several hundred people were killed and several tens of thousands of cattle stolen yearly by rustlers. where there were no more cattle to steal, rustlers turned to kidnapping, demanding high sums from impoverished pastoralists. rustling became a sophisticated business operation usually run by influential and sometimes well-known urban businessmen who hired and armed disadvantaged pastoralist youth to carry out the raids. they also operated cattle bases in remote areas and organized the transport and marketing of the stolen cattle towards nigeria’s large urban markets. the rustling networks were known for their violence and feared by the police. meanwhile, rustling further exacerbated farmer-herder tensions since farmers often blamed local pastoralists for the violence. farmers and pastoralists established local vigilante groups in many areas who engaged in retaliatory violence after rustling incidents. many nigerians also blamed “foreign herders” for the scourge of cattle rustling in the northern regions and demanded the total closure of nigeria’s borders for pastoralists from other countries. some observers maintained that some of the rustling in northern nigeria was carried out on behalf of boko haram, which was alleged to pay its arms and fighters from its proceeds (olaniyan & yahaya, 2016). before table 1: showing distribution of the number of cattle from 2009 to 2015 year number of cattle 2009 16,434,978 2010 16,577,962 2011 19,041,270 2012 19,206,929 2013 19,374,029 2014 19,753,249 2015 20,184,763 total 130,573,180 source: federal department of livestock (fma&rd), 2021 pa ge 53 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 51-57, 2023 coming under military pressure from the government, boko haram fighters also undertook raids similar to rustling in the north-eastern states of borno, gombe and adamawa to ensure the sustenance of their group. causes of rustling in nigeria without a doubt, rustling has developed from an ordinary survival crime into an organized crime with connections to politics, power and organized violence. several scholars have tried to account for the causes of rustling and have come up with ideas that support their claims. in nigeria, the activities of rustling witnessed in the northern part of the country in recent years have sometimes been traced to the activities of the boko haram islamic sect. rebel and terrorist groups resort to rustling to raise funds to support their group agenda (okoli & ioryer, 2014). however, it becomes pertinent to note that these activities are not in total ignorance of the transnational syndicate of fulani nomads who have an in-depth knowledge of the locations of the forest. this is because the success of rustling involves good information on herd-ship and a vast understanding of transit routes and movement. hence, okoli suggests that most of the culprits of rustling are nomads who must have lost their cattle due to the constant ‘resource conflict’ with the settled farmers or disgruntled fulani who have lost herds of cattle (okoli & atelhe, 2014). regarding rustling and organized crimes in nigeria, akah & akah’s (2023) paper interrogates the challenges and prospects of managing protracted social conflicts in nigeria by examining the socio-economic and political dynamics of the nigerian state within the framework of the current security challenges in nigeria. their findings indicate that the root causes of conflicts in nigeria are ethno-religious intolerance, struggle for power and scarce resources, bad governance, insincerity and a haphazard approach towards resolving these conflicts. the authors conclude that there is no alternative to good governance in nigeria’s fight against violent clashes. good governance is congenial to the promotion, reign and sustenance of peace. similarly, omonyi’s (2023) work on ‘evaluation of trans-border crimes in nigeria’ blames the causes of crimes on terrorism, the proliferation of small arms and light weapons (salws), human trafficking, internet fraud, oil theft, smuggling of goods among others. hence, akah & akah (2023) maintain that several administrations in nigeria have failed to change the pattern of leadership to reflect the people’s popular demand; instead, they intensified them and repackaged it in a modern way with different brand names. abumbe et al. (2018) aver that islamic fundamentalism has been observed to be a significant cause of this crisis. according to them, islamic fundamentalism is the belief in the existence and supremacy of the islamic religion above every other religion. bk sect is agitating for an islamic state in nigeria. members of this dreaded group believe that an infidel is anyone who practices a religion other than islam and deserves to die. also, the group is firmly against western education. on the other hand, another factor aiding the prevalence of cattle rustling in contemporary nigeria is the harsh living conditions of the herders, which stem from the outcome of climate change and the attendant resource conflicts that precipitate criminalities and ammunition that facilitate the proliferation of illegal operations among unscrupulous elements in the country (rufai, 2017). the criminal impunity of the people, arising from the level of poverty in the nation due to government and private organizations’ inability to provide employment and create avenues for wealth creation, is also a factor in the rise of rustling in nigeria. the unemployed factions can only engage in rustling and other criminal activities. the level of economic wealth lost at this point not only degrades the potential of the cattle business but also hurts the true nature of how much cattle business generates for the nation. moreover, most herders aspire to have control over more cattle because of the cultural respect that comes with it. invariably, the herders use rustling to increase their cattle and gain power, consideration and affluence. this is juxtaposed with okoli’s statement that says that herders carry out the majority of rustling incidents. small arms and light weapons increase insecurity in communities and could account for the prevalence of rustling. the proliferation of arms and ammunition has become a common threat in northern/ middle belt regions of nigeria. the increasing use of weapons usually instigates the acts of violence witnessed in rustling activities. most of the rustlers arm themselves with these weapons that aid them to intimidate and threaten the herders from whom they steal the livestock. moreover, the study was informed that these weapons have led to increased killings in the area and guns are therefore seen as an economic investment. traditionally, the pastoralists practiced cattle rustling using spears and bows; now, the weapon of choice is the ak-47 (eavis, 2002). pastoral communities seem to be arming themselves for defensive and offensive reasons with the need to protect themselves and their cattle from being plundered by hostile groups and using arms to steal stock from other pastoral communities forcefully (abdullahi, 2016). finally, due to the accessibility and volume of foreign supplies, major internal markets have emerged where rebels, criminals, and terrorists can access weapons, ammunition, and explosives. this has led to a catastrophic rise in violent deaths in local communal conflicts over land and water or the traditional practice of rustling (mkutu, 2007). another trigger of the rustling is the presence of large swathes of forest reserves that are generally out of the reach of the nigerian security operatives. most rustling activities occur in northern nigeria’s state-owned resources, such as the kamuku, kiyanbana, and fagore forests (olaniyan & yahaya, 2016). most of the arms and ammunition the criminals used to carry out their dastardly acts were being ferried into the country by using animals crossing the forest (nan, 2015). this aids pa ge 54 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 51-57, 2023 as a perfect location for criminals from security forces as it is tough to control all border areas between countries in sub-saharan africa. the reluctance of the nigerian security operatives to enter these forest areas seems to be mainly due to inefficiency and corruption (olaniyan & yahaya, 2016). first, one significant consequence of the nigerian security forces’ lack of equipment and poor motivation is gross inefficiency as they are ill-equipped and ill-motivated in contrast to the criminals, who are well-armed and motivated. second, security forces and rustlers are often in cahoots, which seems obvious given the open manner of rustling and the reluctance of the security operatives to act, even when provided with intelligence by residents. the third issue of corruption is highly explained by y. z. ya’u, executive director of the centre for information technology and development (citad), a non-governmental body funded by the macarthur foundation that is developing workable technological innovations against rustling in nigeria, stated: people steal hundreds of cattle and move them around for days, and they do not get apprehended, which means there is a problem with our security system. secondly, suppose they can take them to our markets here in nigeria and sell them off. in that case, it means there is not only a problem with our intelligence-gathering system but also a form of collaboration with the dealers because the primary cattle dealers in the markets ought to know if the cows are stolen. it illustrates that there is a wave of partnerships at various levels of cattle rustling, and there is an apparent inability of the police and other security outfits to deal with the problem because, firstly, they are insufficiently equipped to handle the challenge. second, there is a form of collaboration between criminal elements and security agents; third, there is outright corruption (national express, 2017). the porous nature of inter-state border-lines in africa makes trans-border rustling conducive and thriving. border security has come to assume heightened importance in the world today. it has become easy for transnational crimes to be conducted, such as moving money, people and goods across the globe, because of advancements in telecommunications, transportation and technology. these borders promote illicit trade, goods and services of which rustled herds of cattle have become significant commodities being passed and crossed along the nigeria border lines. these borders are identified with dried trees, oil drums, and rims of tyres to demarcate the national boundaries; this makes the wall disorganized, poorly managed and insecure (akinyemi, 2013). this promotes the unrepressed entry of illegal migrants and cross-border activities. however, some indefinable corridors or regions served as a route to these illegal migrants, posing a severe threat to the country and the national borders. for instance, it has been discovered that nigeria has 1497 irregular and 84 regular routes where movements were done illegally. rustling and human security in nigeria: a theoretical nexus the growing phenomenon of rustling is one of the transformations from the hitherto fulani cultural practice of testing a person’s bravery and prowess in bloody warfare involving various groups and actors. this transformation has seen the emergence of wellcoordinated and well-funded banditry in virtually every state in the northern area, with the fulani ethnic group often considered at the epicenter of the scenario because of its deep involvement in pastoralism. however, herding livestock is not an exclusive preserve of fulani; in nigeria alone, 14 other ethnic groups, including the shuwa, kanuri, kanembu, arabs, and tuareg, are in some way involved in it (blench, 2013). in nigeria, the prevalence and dimensions of rustling have been widespread, particularly in the country’s middle belt and northern zones, where cattle raring and land cultivation is a dominant agricultural practice and defines their livelihood. however, this problem has been complicated by the rising incidence of farmer/herder conflicts that stem from farmland encroachment, struggle over grazing space, rustling and other forms of violence, including the boko haram insurgency. in recent developments, the wave of violence in the phenomenon of herders and farmers conflicts through rustling has escalated to a new dimension of violence that poses a serious challenge to human security. this recent phenomenon of criminal activities with sophisticated weaponry threatens the lives of herders, communities, states and, by extension, the nation. this has worsened the conditions of the herders, coupled with climate change and the frequent resource conflict, which tends to coerce criminal tendencies among the herders. the consequences of such a threat are loss of livelihood, population displacement, loss of lives and property, and decline in rural productivity and agricultural output. in the last decade, the death toll recorded by cattle rustlers has increased in nigeria. in plateau state alone, between 2013 and 2015, 28,000 cattle have been rustled, and rustlers have killed 264 herders. while it is challenging to say the number of cattle stolen by these unidentified rustlers, sources revealed that thousands of cattle have been brazenly stolen by persons who often attack villages at night to carry out the nefarious act. methodology the study deploys content analysis within the qualitative research as its research design. it systematically reviews literature on cattle rustling, internal insecurity, and armed banditry in nigeria. hence, it depends on document analysis via the utilization of secondary sources of data such as textbooks, journals, periodicals, online materials, government publications, and publications by reputable international and national organizations such as amnesty international (ai), national bureau of statistics (nbs), nigerian intelligence agency (nia), global conflict pa ge 55 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 51-57, 2023 tracker, global peace index (gpi), global terrorism index (gti), world bank, etc. results from the analysis of these documents are presented in a thematic format to vitiate the subjects of our inquiry. hence, the paper is descriptive in style since it builds on the strength of already existing works. results table 2: showing number of rustled cattle and causalities between 2013 and 2015 year in view number of causalities number of the cattle rustled 2013 322 60,000 2014 281 58,801 2015 2991 64,820 total 3,594 183,621 source: author’s compilation (2022) table 3: showing dimensions of cattle rustling in nigeria orientation motivation origination destination culprits petty/local petty/localized rustling not syndicated; not armed. criminal quest for household protein or dairy (meat and milk) neighborhood paddocks or grazing fields. local household. local farmers and nomads. inland rustling loosely syndicated and moderately armed. quest for capital accumulation. grazing fields of herding communities. local cattle markets and abattoirs. local farmers and nomads. trans-border rustling. robustly syndicated, organized and armed. quest for capital accumulation; funding of political cause, e.g. armed rebellion and terrorism. grazing fields, commercial farms, cattle markets, herding communes. across national boundaries of niger, chad, cameroon. nomads and a cartel of agents, merchants, and foreign accomplices. source: okoli and okpaleke (2014), cattle rustling and dialectics of security in northern nigeria, international journal of liberal arts and social science, vol. 2 no. 3. discussion the significant findings reveal that rustling has been a veritable threat to nigeria’s national and human security and has manifested its effects in diverse dimensions. it has led to loss of lives, human injury, population displacement, as well as loss of cattle in their numbers. this situation has diverse repercussions that would affect the collective security of the herding communities and the nation. the repercussion goes beyond insecurity; it also affects the capacity of productivity and an eventual depletion of household and national income. this could ultimately lead to a drop in the cumulative supply of organic protein/ dairy in nigeria and, by extension, to other products that survive on it. however, similar findings reveal that the persistent attacks by rustlers on herding communities have put such communities in a precarious state. this aggravates the already conflictive herder/farmer inter-group relation, ultimately leading to a ferocious circle of violence. an extension to this dimension is the perceptible collapse into various terror brands that commit mass raids where massive killings, destructions and raping are perpetuated, of which women and children are victimized and often face the worse hit of these raids. thus, with its extreme dynamics, rustling can be categorized as having traits of terrorism in terms of its destructive import of instilling fear of destruction of human life and property. closely related to this is the concern that rustling is being resorted to by the insurgents as a fund-raising strategy for terror financing (okoli & okpalaeke, 2014). some funding sources for terrorist groups in northern nigeria have been linked to rustling. some stakeholders have alleged that a direct link between rustling and the boko haram insurgency has been established through intelligence reports. the former governor of borno state, for instance, stated that: our security agencies have reasonably established that most of the cattle being traded at the markets [in borno state] were the direct proceeds of cattle-rustling perpetrated by insurgents [and] were sold at prohibitive costs to unsuspecting customers through some unscrupulous middlemen who use underhand ploy[s] to disguise the transactions as legitimate deliberately. the money realized from such transaction[s] would then be channeled to fund their deadly activities (daily post, 2016). the implication of this is that insurgency can raise the instrumental value and utility of rustling to a level where its solution would be as problematic as terrorism itself. this means, therefore, that if rustling earnestly becomes an instrumentality for terrorist design, it will indeed thrive pa ge 56 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 51-57, 2023 so long as terrorism prevails. in addition, it has also been used as a mechanism for small arms and light weapons proliferation (salw). arms trafficking along nigerians’ porous borders, particularly in the heat of insurgency, has also become a trend. weapons are loaded on these cattle and are used as transportation services across the borders. the vast ungoverned space stretching between southern niger, southern chad, north east nigeria and north west cameroon further enhances cattle rustling since these cattle’ are not passed through structured road routes but through bush paths and other grazing trans-border routes. this porous nature of african inter-state border lines generally makes trans-border rustling conducive and thriving. that being said, what then is the response of ecowas in dealing with this violent trend? ecowas response to rustling in nigeria one of the most significant attempts of ecowas to deal with the problem of rustling was the introduction of the ecowas protocol on transhumance in 1998. this protocol is also binding in nigeria. however, nigeria did little to domesticate and implement the transhumance protocol. given the general scarcity of legislation on pastoralist transhumance, there was no national law domesticating the ecowas transhumance protocol within the period under review, and there was also no institutional framework for implementing the law. hence, the issue of cattle rustling in nigeria loomed high. also, there were very few border posts along the country’s northern border, and none was restricted as an official border crossing point for pastoralists as required by the protocol. the international transhumance certificate (itc) was, at best, only known to some government officials in abuja, while its issuance was the responsibility of the federal states. most states ignored the certificate and did not have institutions to issue it. the provisions of the ecowas transhumance protocol were unknown to the relevant department within the federal ministry of agriculture, where it was misunderstood as an agreement allowing the unlimited immigration of foreign pastoralists into nigeria. this perception was widespread among those officials who heard about the transhumance protocol but did not have a chance to read it. given the pervasive narrative that foreign and heavily armed pastoralists were responsible for the rustling crisis in northern nigeria and possibly for much farmer-herder violence in other parts of the country, many official interlocutors reject the transhumance protocol. this also includes representatives of local pastoralist associations, who fear that ecowas promoted the unfettered influx of foreign pastoralists, competing with the nigerians for scarce pastoral resources. many nigerian pastoralists seemed suspicious of foreign pastoralists arriving in nigeria on a transhumance basis. nigeria’s border guards, including the national immigration service, considered cross-border transhumance a security issue as terrorist or criminal groups could attempt to cross the borders in the guise of pastoralists. they also report armed foreign pastoralists who try to evade the official nigerian border points and enter the country through illegal roads. while nigeria counts plant and animal quarantine officers at approved border points at its air and sea borders, these are missing at its land borders. hence, herds are allowed to pass uncontrolled. generally, there was a feeling among the border guards that the ecowas protocol on transhumance did not reflect west africa’s realities. pastoralists would abuse ecowas provisions on free movement for their purposes. while this was a valid point of view, other interview partners reported that police and border officers were sometimes actively involved in large-scale violent operations such as rustling and cross-border transporting of stolen cattle. there were also reports of abuses of border and police officers against nigerian and foreign pastoralists, exploiting the latter’s vulnerable position to extract bribes and ransom. overall, nigerian border institutions appeared to lack the capacity to implement the ecowas protocol on transhumance fully. it was reported that the number of pastoralists moving from neighboring countries into nigeria to benefit from dry season pastures and marketing opportunities decreased by 80 per cent with the period under review. this is mainly due to widespread cattle rustling, farmerherder violence, insurgency, and harassment. conclusion rustling is a serious security challenge, given its dire impacts and implications in contemporary nigeria. although it is an essentially local problem, it also has growing trans-border crime implications, particularly when international criminal organizations become involved. it does not only pose a severe threat to humans but, by extension, threatens food and national security. its latest manifestations in blood-shedding, rape and raids in some parts of the middle belt and northern zones of nigeria that brings about the destruction of property have become a serious source of concern that should be given immediate attention, particularly with its purported association with the boko haram insurgency. therefore, it rests on the government to immediately find a way to arrest the prevailing violence occasioned by rustling. as this study has revealed, rustling activities are the bedrock of human and food insecurity. the marauders have repeatedly distorted the peace and stability of herders and crop farmers as they have been identified as bandits, gangs of kidnappers or terrorists. recommendation arising from this challenge and the findings discussed above, the study recommends that nigeria introduce a ranching system that creates reserves where livestock will be nurtured and used for dairy, beef and other commercial purposes. secondly, it is essential to revisit the ecowas transhumance protocol, and nigeria pa ge 57 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 51-57, 2023 should be willing to implement some of the protocol’s provisions. also, ecowas and all the member states should be more committed to its regional security. partnership, particularly military-wise, should be made to present a joint military force that will ensure peace and stability in the region and combat all the rustlers who take advantage of the vast array of forests in the northern part of nigeria to perpetrate violence and criminality. references abdulahi, i. (2016). small arms and light weapons in sub-saharan africa: regional, state and local causes. international journal of business & law research, 4(3), 22–36. abimaje, a. (2014). 260 killed, 2,501 cattle rustled in jos attacks – jtf. leadership, retrieved on 25 april (2014), from http://leadership.ng/news/36 8441/260-killed-2501-cattle-rustled-jos-attacks-jtf> viewed 20 august 2023. abumbe, g., ojie, p., etim, e & akah, a. (2018). nigerian government and terrorists’ negotiation: the case of chibok school girls. asian research journal of arts and social sciences, 5(2), 1-10 adams, t., ukoji, v., ayodokun, a & eze, v. (2016). nigeria stabilization and reconciliation programme. nigeria watch project: sixth report on violence, 8. akah, p. o. & akah, a. u. (2023). management of protracted social conflicts in a multi-cultural society: the nigerian example. american journal of arts and human science, 1(5), 1-8 akinyemi, o. (2013). globalization and nigeria border security: issues and challenges. international affairs and global, 11(4). blench, r. (2004). national resources conflict in north central nigeria: a handbook and case studies, kaduna: mallam dendo ltd. blench, r. (2003). the transformation of conflict between pastoralists and cultivators in nigeria. abuja: orlando press. eavis, p. (2002). salw in the horn of africa and the great lakes region: challenges and ways forward. spring, 9(1), 253. ecowas-unowas (2017). study on pastoralism and security in west africa: towards peaceful coexistence, joint study by ecowas and unowas (november, 2017). retrieved on12 august 2023 egwu, s. (2015). the political economy of rural banditry in contemporary nigeria. in mohammed j. kuna and jibrin ibrahim (eds.) “rural banditry and conflicts in northern nigeria,” centre for democracy and development; nigeria stability and reconciliation programme, 15. international organization for migration (iom), international centre for migration policy development (icmpd), and economic community for west african states (ecowas) (2019). regional policies and response to manage pastoral movements within the ecowas region. https://publications. iom.int/system/files/pdf/iom_ecowas_pastoralism. pdf. mkutu, k. (2007). small arms and light weapons among pastoral groups in the kenya-uganda border area. african affairs, 106(422), 47–70. nan, t. (2015). there is a link between boko haram cattle rustlers, says masari. international journal of security, 2, 56–67. national express (2017). cattle rustling could be more dangerous than boko haram, national express, retrieved on4 february from www.national express. com.ng/cattle-rustling-could-be-more-dangerousthan-bokoharam. viewed 10 august 2023. ogbeche, d. (2016). borno: governor shettima claims boko haram now sell stolen cattle to fund terror campaigns, daily post, retrieved on(5 march 2016), from http:// dailypost.ng/2016/03/05/borno-governorshettimaclaims-boko-haram-now-sell-stolen-cattle-to-fund-terrorcampaigns. viewed 10 august 2023. okoli, a. & atelhe, g. a. (2014). nomads against natives: a political ecology of herder/farmer conflicts in nasarawa state, nigeria. american international journal of contemporary research, 2, 76-88. okoli, a & okpaleke, f. n. (2014). cattle rustling and dialectics of security in northern nigeria. international journal of liberal arts and social science, 2(3), 45-53. okoli, a & ioryer, p. (2014). terrorism and humanitarian crisis in nigeria: insights from boko haram insurgency. global journal of human social sciences, 14(2), 39-50. olaniyan, a & yahaya, a. (2016). cows, bandits, and violent conflicts: understanding cattle rustling in northern nigeria. africa spectrum, 51(3), 93-105. omoniyi, k. (2023). evaluation of transborder crimes in nigeria. american journal of society and law, 2(1), 13-20 rufai, s. (2017). of ungoverned space, cattle rustling and national security. journal of trans-regional security, 3, 67–84. yusuf, v. (2015). nigeria deadly persistence of cattlerustling. daily trust, 16 may 2015. retrieved on15 august 2023. pa ge 1 pa ge 29 american journal of society and law ( ajsl) the satisfaction level of the beneficiaries of pantawid pamilyang pilipino program (4p’s) fhrizz s. de jesus1*, winnie villanueva2 volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.1535 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: april 09, 2023 accepted: april 30, 2023 published: july 03, 2023 poverty is the most serious issue in the philippines. the philippine government’s response to the millennium development ans sustainable development goals (?) of alleviating poverty worldwide is to provide cash assistance to filipino households living below the poverty line. this financial assistance is an avenue for immediately responding to people’s needs, particularly in health and education; it is known as the pantawid pamilyang pilipino program or 4ps in the philippines. it aims to reduce poverty in the philippines by investing in health and education, particularly for children aged 0 to 18. this research aims to assess the level of satisfaction of 4ps beneficiaries with the cash grant they received from the government to cover their daily and other expenses. this research used the quantitative research design and the study was conducted in nueva ecija which covers 27 municipalities through an online survey. the researcher uses convenience sampling to identify the sample populating of rao soft calculator. the data collected from the locale were encoded, tallied, and analyzed. statistical tools such as percentage, frequency distribution, weighted mean, and pearson r were used in analyzing the data gathered. according to the findings, beneficiaries are very satisfied with using their cash grants for educational purposes. it also shows that aside from education, food is the expense that the cash grants that were being misappropriated. lastly, it is highly recommended that the beneficiaries be engaged in other worthwhile activities to be given by the local government unit for them to grow their money, so there would be no misappropriation in using the cash grants. keywords government project, pantawid pamilyang pilipino program, satisfaction, spending habits 1 nueva ecija university of science and technology, philippines 2 college of business and accountancy, central luzon state university, philippines * corresponding author’s e-mail: otong.karyono@iain-bone.ac.id introduction poverty is the most serious issue in the philippines. according to crossman (2017), poverty is a social condition characterized by a lack of resources required for basic survival or to meet a certain minimum level of living standards expected for the location where one lives. according to dela torre (2016), most filipinos’ problems and difficulties are rooted in poverty. many families are left without basic necessities, forcing their children to give up school and instead assist them in their livelihood. the philippine government’s response to the millennium development goals of alleviating poverty around the world is to provide cash assistance to filipino households living below the poverty line. this financial assistance is an avenue for immediately responding to people’s needs, particularly in health and education; it is known as the pantawid pamilyang pilipino program, or 4ps in the philippines. the pantawid pamilyang pilipino program (4ps) is a conditional cash transfer program administered by the department of social welfare and development (dswd) in the philippines (fernandez et.al ,2011). it aims to reduce poverty in the philippines by investing in health and education, particularly for children aged 0 to 18. the 4ps has two goals; (1) social assistance providing cash assistance to the poor in order to alleviate their needs (short-term poverty alleviation) and (2) social development investing in human capital to break the intergenerational cycle of poverty (nutrition, health and education). the 4ps program provides beneficiaries with conditional grants such as p6000 per year or p500 per month per household for health and nutrition expenses, and p3000 for one school year or 10 months or p300 per month per child for educational expenses. a maximum of (3) three children are permitted per household. as long as the conditions are met, a household with three qualified children can receive a monthly subsidy of p1,400 or an annual subsidy of p15,000 (pantawid.dswd.gov.ph, 2020). fernandez et.al, (20211) also added that rapid expansion since its commencement in 2007 has resulted in pantawid pamilya reaching roughly 30 percent of eligible poor households in the philippines. the pantawid pamilya was first put through its paces in a pilot program at the end of 2007 that tested out its household targeting mechanism and basic operations. in march 2008, in response to the food and gasoline price shocks and global financial crisis, the government of the philippines expanded its pantawid pamilya program.the 4ps program is modeled after the successful conditional cash transfer (cct) programs in latin america and africa. cct has been cited as one of the key factors underlying brazil’s and other countries’ positive socioeconomic outcomes. the country’s poorest households were chosen using a consistent, objective, and transparent set of criteria. several studies have been conducted along this line, according to bayram et al. (2012), showcasing that, whereas life satisfaction is not always high in countries with higher earnings, income has a greater impact on the well-being of impoverished people than it does on the well-being of rich people. for these reasons, the national government implemented https://doi.org/10.54536/ajsl.v2i2.1535 https://journals.e-palli.com/home/index.php/ajsl pa ge 30 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 the pantawid pamilyang pilipino program (4ps), a conditional cash transfer (cct) program whose main goal is to provide financial assistance to the poorest families in the country in order to ease or lessen the financial burden that they carry every day. 4ps is a human development measure that provides conditional cash grants to their beneficiaries to ensure their family members’ education and health while encouraging them to follow their guidelines and participate in some program-related activities so that the financial assistance they receive is spent wisely and proficiently. this research study was conducted in nueva ecija, were in there are 8,341 4ps beneficiaries. however, some poor families are part of the 4ps program who are not fulfilling their role as beneficiaries and are not appropriately spending the financial assistance and benefits they receive from the program. beneficiaries do not always follow the rules. some program participants waste their financial assistance and engage in gambling. this government program still affects poor people’s lives across the country, especially in nueva ecija. along this line, several studies have been condshownile life satisfaction is not always high in countries with higher earnings, income has a greater impact on the well-being of impoverished people than it does on the well-being of rich people (bayram et.al , (2012).aside from that, many 4ps beneficiaries are having difficulty budgeting their allowance. it is critical ththey must addressfact that the money they were given was divided into three categories: food allowance, educational assistant, and health assistance. the goal of this research is to determine the level of satisfaction of 4ps beneficiaries with the cash grants they received from the government for their daily and other expenses. the researcher believe that the findings of this study will help 4ps beneficiaries and the government improve the program by implementing the proposed action plan. this study was based on the study of fhrizz s. de jesus, mba, lpt; rommel r. rivera, mba (2020) entitled “assessment on the allocation of cash grants of 4ps beneficiaries to their daily expenditures”. specifically, the study sought to answer the following questions: 1. how may the demographic profile of the 4ps beneficiaires be described? 2. how may the level of satisfaction of 4ps beneficiaries be assessed in terms of education, food, transportation, clothing, entertainment ,and other bills? 3. is there any significant relationship between the demographic profile of the respondents and level of satisfaction of 4ps beneficiaries? pantawid pamilyang pilipino program (4ps) according to casco et al. (2015), the philippine government implemented the pantawid pamilyang pilipino (4ps) program, which was modeled after latin american conditional cash transfer (cct) programs with the goals of poverty reduction and social development. pantawid pamilyang pilipino program, also known as 4ps and formerly ahon pamilyang pilipino, is a philippine government conditional cash transfer program administered by the department of social welfare and development. as extracted from the official website of pantawid pamilyang pilipino program (officialgazette.gov.ph). the 4ps operates in all the 17 regions in the philippines, covering 79 provinces, 143 cities, and 1,484 municipalities. beneficiaries are selected through the national household targeting system for poverty reduction (nhts-pr), which identifies who and where the poor are in the country. there are three steps in identifying the beneficiaries. provinces were selected using the following criteria: a) 20 poorest provinces based on the 2006 family income and expenditure survey (fies); b) poorest provinces in six regions without a province in the list of the 20 poorest provinces; c) five cities in the ncr, two in the visayas, two in mindanao and one in the cordillera. the selection of the poorest municipalities from the above provinces based on the small area estimates (sae) and fies where saturation surveys of households are being conducted. computerized selection of the poorest households based on a ranking system using proxy means test developed for the program. the pmt assesses socio-economic characteristics such as: ownership of assets, type of housing unit, level of educational attainment of household heads, and access to water and sanitation facilities. the dswd selects the beneficiaries based on the targeting system developed for the program. welfare and distributional impacts of the pantawid pamilyang pilipino program the philippines still faces significant challenges from poverty. since the early 1990s, income poverty in the philippines has decreased overall. filipinos living in poverty decreased from 33.1% in 1991 to 24.9% in 2003. this trend, however, has reversed in recent years. the official poverty estimates have been rising steadily since 2003. the percentage of the population that was po poor population in 2009, defined as lacking the resources to provide for non-nutritional requirements, was calculated to be 26.5%. (nscb, 2011). education and health, in particular, are areas where human development achievements are falling behind. maternal mortality and child malnutrition are among the highest in the world, and primary school enrollment is still far from being universal throughout the east asian and pacific region. (neda et al, 2010). this occurred despite the fact that yearly economic growth from 2000-2010 was 4.7%, well above the 2.4% average of the two decades prior. this indicates that the poor have not profited as a whole from the expansion of the economy. philippine poverty reduction efforts are slowed by the population’s weak resilience to shocks. many issues, including the food and fuel shortages, the global financial crisis, and the devastation caused by typhoons ondoy and pepeng in late 2009, were blamed for the stagnation of https://journals.e-palli.com/home/index.php/ajsl pa ge 31 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 poverty reduction in 2009. according to a national household survey conducted in 2009, 9.4 percent of filipinos, or about 8 million people, are at danger of falling into poverty as a result of income shocks such as these.2 the poor have less resources to help them weather a storm. in fact, surveys demonstrate that the poor bore the brunt of the recent tremors.3 in example, research shows that 58 percent of the poorest households were impacted by el nio in early 2010, with half of those having agriculture as their primary source of income. since the poor are net consumers of rice, it is anticipated that the 2008 food crisis increased their income deficit from the poverty line by 1.3 percentage points. (world bank, 2008). the pantawid pamilya program its major social assistance program, the pantawid pamilyang pilipino program (pantawid pamilya), was created by the government to aid the impoverished. pantawid pamilya is a conditional cash transfer (cct) program that helps the poor fulfill their immediate needs while building the skills and education they’ll need to lift themselves out of poverty in the long run.velarde et. al (2011) states that households that qualify receive financial aid if they agree to and meet the program’s requirements. after seeing the success of ccts in latin america, the philippine government decided to try out this novel method of combating poverty. the pantawid pamilya began in february 2008 with the initial 330,000 household beneficiaries (set 1) and was expanded to include an additional 320,000 households in 2009. (set 2). as of april 2011, the program served about 1.9 million households, with plans for even more growth by year’s end and into 2012. pantawid pamilya enrollees must meet a standard set of requirements, including (i) living in a pantawid pamilya service area, (ii) meeting the program’s proxy means test (pmt) poverty threshold, and (iii) having a pregnant woman or at least one child under the age of 15 in the household. velarde et.al (2022) also added that funding is provided to recipients only after they meet certain requirements as a conditional cash transfer program . a health grant of php 500 ($125 ) per household per month for 12 months is available through pantawid pamilya, as is an education grant of php 300 ($7) each kid aged 6-14 enrolled in school (up to a maximum of 3 children in this age group) during the first 10 months of the school year.6 pregnant women and children under the age of five are subject to health conditions, while children between six to fourteen are subject to education conditions. if a household meets all of the program’s health and education requirements over the course of a year, it will be eligible to receive a maximum health grant of php 6,000 ($143) per child and a maximum education award of php 3,000 ($72) per kid. pantawid pamilya’s compliance verification system routinely checks recipients’ adherence to the program’s health and education requirements before releasing funds. (cvs). according to recent data from cvs, both school enrollment and pediatric clinic visits have increased among youngsters in 2010. nearly 80% of kids who signed up for the pantawid pamilya education grant in the fourth quarter of 2010 met the program requirements, which included being present at least 85% of the time in class. even though it progressed more slowly than schooling, set 2 grantees’ compliance with having their children registered to receive the health grant increased. the efforts made to update beneficiary information can also be attributed to the rise in compliance rates, especially at the beginning of 2010. this guaranteed that children’s attendance at schools and medical facilities is accurately recorded in the system, allowing for more accurate monitoring of compliance and distribution of funding. given the government’s heavy investment in the pantawid pamilya, understanding the program’s potential impact on poverty in the philippines is important. benefits from social assistance programs have historically and still frequently gone to the wrong people due to mistargeting (world bank, 2008; manasan and cuenca, 2007). because of its objective, open, and uniform system of targeting low-income filipino families, pantawid pamilya is the first program of its kind. the government’s recognition of the urgent need to address the high degree of vulnerability among filipinos, together with early indicators of successful program implementation of the pantawid pamilya and its targeting mechanism, led to the quick scale up of the program. as a result, funding for pantawid pamilya skyrocketed, doubling between 2010 and 2011, and increasing by a factor of 10 since the program’s inception in 2008. ccts have been shown to be useful tools in the fight against both current and future poverty by rigorous impact analyses of similar programs in other countries. (fiszbein and schady, 2009). the cct program in the philippines is viewed as having the potential to achieve the same results. materials and methods research design this research used the quantitative research design. the researcher used a descriptive-evaluative to assess the satisfaction level of the beneficiaries of pantawid pamilyang pilipino program. this design was used to carefully appraise the worthiness of this study. interviews and mailed questionnaires are examples of descriptiveevaluative research methods. it frequently involves a preselected sample with no baseline against which the results can be compared. (cliff, 2018). the questionnaire instrument was used to obtain the necessary data in this investigation. the study instrument assisted the researcher in keeping track of the evaluation and validating the data collected. in addition, the researcher performed a series of interviews to confirm the respondents’ responses. https://journals.e-palli.com/home/index.php/ajsl pa ge 32 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 study locale this research study was conducted in nueva ecija. the said province has twenty-seven (27) municipality, aliaga, bongabon, cabiao, carrangalan, cuyapo, gabaldon, general mamerto natividad, general tinio, gimba, jaen, laur, licab, llanera, lupao, nampicuan, pantabangan, penaranda, quezon, rizal, san antonio, san isidro, san leonardo, santa roasa, santo domingo, talavera, taludtod, and zaragosa which were subjected for the research study. the field of the study and data gathering was made from january to november 2022. this study focused on answering the given questions stated on the questionnaire regarding to the statement of the problem. participant selection the respondents for this study were chosen using convenience sampling. convenience sampling is a research strategy in which researcher collect market research data from a pool of readily available respondents (question pro, 2020). convenience sampling is a nonprobability sampling technique in which people are chosen at random because they are “convenient” data sources for researcher. lavrakas (2008). the total sample size of the study’s respondents is 350 out of a total population of 304,459. the raosoft application was used in this study to calculate the sample size of respondents with a 95% confidence level and a 5% margin of error. data collection the research instruments used online survey method, online focus group discussion, and online interview. the distribution of questionnaire was administered through google form by the researcher. the questionnaire formulated through the gathered information and checked by the researcher’s mentors. the researcher ran a dry run to ensure the questionnaire’s reliability and validity. the instrument’s reliability coefficient, which is calculated and measured to ensure internal consistency. by providing the constructed research instrument for expert comments and rating, the validity of the research instrument is established. the reliability coefficient of the instrument was tested and measured with a score of .866, which means that the instrument has a good internal consistency. the validity of the research instrument was established by presenting the developed research instrument for expert comments, who rated the instrument with a weighted mean of 4.88 and a verbal interpretation of “very good.” before distributing the questionnaires, the researcher obtain permission from their subject teacher and adviser, because the survey questionnaires are posted online on some social media platforms such as facebook, and finally, the researcher was free to conduct a survey. the results of the dry run of the questionnaire was tallied, and the questionnaire was revised further. data analysis the data collected from the locale were encoded, tallied, and analyzed. statistical tools such as percentage, frequency distribution, weighted mean, and pearson r were used in analyzing the data gathered. results and discussion according to the gathered data: part i. the demographic profile of respondent. table 1: demographic profile according to age profile variable f percentage age 21-30 50 16% 31-40 63 21% 41-50 152 51% 51 and above 35 12% table 1 shows the distribution of respondents based on age. the majority of respondents were between the ages of 41 and 50. a total of 152 or 51% of the sample, not far behind respondents aged 31-40 years old, who made up 63 or 21% of the sample. 31-40 and 41-50 years old were the most common ages for starting a family with children who were all studying and required stable financial support in terms of education. table 2: demographic profile according to amount of grants received amount of grants received frequency percentage 1,000-2,500 57 15% 2,501-4,000 113 30% 4,001 above 130 55% 51 and above 35 12% table 2 shows the distribution of respondents based on amount of grants received. when it comes to grant amounts, 130 respondents, or 55% of the total samples, were received receiving cash grants of php4,001 or more. the amount of grants received was determined by the number of benefited children in the 4ps family. another consideration is the time span over which the cash grants will be distributed (i.e. every 2 months, every 3 months.) table 3: demographic profile according to number of pantawid children in household number of pantawid children in household frequency percentage 1 47 15% 2 90 30% 3 163 55% 51 and above 35 12% table 3 revealed the distribution of respondents based on the number of pantawid children in household, they have 163 participants or 55% of the total sample has three (3) benefited children or pantawid children, with 90 respondents or 30% having two (2) pantawid children https://journals.e-palli.com/home/index.php/ajsl pa ge 33 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 and 47 respondents or 15% having only one (1) pantawid child. only three (3) children per 4ps beneficiary were eligible to receive an additional php500 in educational aid for elementary education and php 700 for secondary education school, which influenced the amount of grants they received. part ii. level of satisfaction of 4ps beneficiaries a weighted mean of 3.19, sea food at sixth place with a weighted mean of 3.17, and poultry at number 7 with it was discovered that the majority of respondents were very satisfied with their cash grants on food, mainly rice and canned goods, with a description of very satisfied. food was a basic necessity for every family. the above items were the basic foods that some families could afford. in health concerns, unfortunate children can take vitamins and other food supplements because of cash grants receive from 4ps program ( balacuit jr., 2018) table 6 shows the level of satisfaction of 4ps beneficiaries in terms of transportation. with a composite mean of 3.19, respondents were satisfied with how their cash grants were spent on transportation. jeepney fares were ranked first with a weighted mean of 3.29, tricycle fares gained a weighted mean of 3.17 and were ranked second, and bus fares were ranked third with a weighted mean of 3.12. some municipalities in nueva ecija are inaccessible by bus, and their cash grants are sometimes spent on jeepney and tricycle fares. table 4: level of satisfaction of 4ps beneficiaries according to education indicators wm description rank school uniform 3.07 satisfied 5 school supplies 3.11 satisfied 4 school donations 3.04 satiesfied 6 student’s daily allowance 3.33 very satisfied 1 school projects 3.20 satisfied 3 pta contribution 3.29 very satisfied 2 table 4 shows level of satisfaction of 4ps beneficiaries for education. students daily allowance ranked first with a weighted mean of 3.33 and interpreted as very satisified, followed by pta contribution at number 2 with a weighted mean of 3.29, school project at number 3 with a weighted mean of 3.20, school supplies at number 4 with a weighted mean of 3.11, school uniform at number 5 with a weighted mean of 3.07, and school donations at sixth place with a weighted mean of 3.28. the majority of respondents are satisfied with the cash grant they received for educational assistance. especially when it comes to their children’s daily allowances. it was agreed on the study of balacuit jr. (2018) , that the educational requirements of the student-4ps beneficiaries assisted them in achieving and performing well in their academic endeavors; none of the beneficiaries failed in the various subjects of basic education. table 5: level of satisfaction of 4ps beneficiaries according to food indicators wm description rank rice 3.51 very satisfied 1 lean meat 3.31 very satisfied 3 poultry 2.98 satisfied 7 sea food 3.17 satisfied 6 canned goods 3.34 very satisfied 2 vegetables 3.25 satisfied 4 fruits 3.19 satisfied 5 table 5 illustrates the level of satisfaction of 4ps beneficiaries in terms of food. rice was ranked first with a weighted mean of 3.51 and was interpreted as very satisfied, followed by canned goods at number 2 with a weighted mean of 3.34, lean meat at number 3 with a weighted mean of 3.31, vegetables at number 4 with a weighted mean of 3.25, fruits at number 5 with table 6: level of satisfaction of 4ps beneficiaries according to transportation indicators wm description rank tricycle fares 3.17 satisfied 2 jeepney fares 3.29 very satisfied 1 bus fares 3.12 satisfied 3 espinoza, et.al (2019) states that approximately 7% of respondents indicated that, due to a tight family budget, they are occasionally required to use the money for meals and transportation. it is evidence that the cash grant is utilized by recipients not only for school-related expenditures, but also for daily needs or as allowance. table 7 demonstrates the level of satisfaction of 4ps beneficiaries in terms of clothing. respondents were satisfied with their cash grants for buying new clothes since it gained a weighted mean of 3.10 and ranked first, satisfied with buying clothes for their family since this gained a weighted mean of 2.85 and ranked second, and unsatisfied with buying branded clothes since it gained a weighted mean of 2.47 and ranked third. majority of respondents said they buy clothes if their children ask for them. there are times when they do not need to buy new clothes as long as they are presentable and decent. however, respondents stated that if they really need to buy clothes , especially on some of very important occassions , mis-appropriation for the use of the grant occured. table 7: level of satisfaction of 4ps beneficiaries according to clothing indicators wm description rank buying new clothes 3.10 satisfied 1 buying branded clothes 2.47 unsatisfied 3 buying clothes for family 2.85 satisfied 2 https://journals.e-palli.com/home/index.php/ajsl pa ge 34 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 it was then agreed on the result of the study of dela torre (2016) that the grant for education and health is sometimes likely to be corrupted or redirected towards other expenditures, most notably the purchase of food, apparel, and the repair of their homes, if school obligations are not met first. this indicates that “proneness to corruption” is one of the pantawid pamilyang pilipino program’s weaknesses. (4ps). it was agreed in the study of vigilla et.al (2015) that beneficiaries have more time and attention for their children now that they have ceased playing card games and gambling, which are prohibited for 4ps recipients. table 9 shows the level of satisfaction of 4ps beneficiaries in relation to other bills. electricity bill ranked first with a 3.10 weighted mean, house rental ranked second with a 3.18 weighted mean, water bill ranked third with a 3.10 table 8: level of satisfaction of 4ps beneficiaries according to entertainment indicators wm description rank 1. shopping 3.22 satisfied 5 2. recreational activities 3.47 very satisfied 1 3. family outing 3.40 very satisfied 2 4. family vacation 3.27 very satisfied 4 5. visiting theme park 3.36 very satisfied 3 table 8 shows the level of satisfaction of 4ps beneficiaries in terms of entertainment. respondents were very satisfied with their cash grants on recreational activities ranked first with 3.47 weighted mean, family outing ranked second with 3.40 weighted mean, visiting theme park ranked third with 3.36 weighted mean, family vacation ranked fourth with 3.27 weighted mean, and shopping ranked fifth with 3.27 weighted mean. overall, respondents were very satisfied with their cash grants for the aforementioned items, with a composite mean of 3.34. this means that the respondents are very satisfied with the cash grants for entertainment. it is necessary to have fun and enjoy life on outing in order to de-stress from problems or obstacles in life. however, it was stated that these entertainment activities were not the priority of the beneficiaries. table 10: presents the significant relationship between demographic profile and education. education demographic profile r-value p-value vi age 0.68 0.00036 moderate positive correlation number of pantawid children in household 0.99 <.00001 very high positive correlation amount of grants received 0.95 < .00001 very high positive correlation *critical value / significance level: (a=0.05) table 9: level of satisfaction of 4ps beneficiaries according to other bills indicators wm description rank water bills 3.10 satisfied 3 electricity bills 3.29 very satisfied 1 house rentals 3.18 satisfied 2 cellular loads 3.02 satisfied 4 weighted mean, and cellular loads ranked fourth with a 3.02 weighted mean. the majority of respondents were very satisfied with their cash grants on electricity bills as we now use electricity in appliances in our homes and electricity is expensive. the majority of respondents were satisfied with their cash grants however , the grants must not be used for the payment of other bills. respondents stated that they have been using the grants to pay for other bills because of the delay of their personal income. dela torre (2016) agreed on his study that however, beneficiaries sometimes likely misappropriate or redirect the grant, which is intended for education and health, to other expenditures, notably the purchase of food, apparel, and the repair of their homes, by not meeting their school obligations first. . part iii. significant relationship between the demographic profile and level of satisfaction of 4ps beneficiaries the table above shows that two (2) of the demographic profile of the 4ps beneficiaries have calculated r-values that are greater than the critical value and the resulting p-values are less than 0.05 with verbal interpretation of very high positive correlation, and one (1) of these has a calculated r-value that is greater than the critical value and the resulting p-value is less than 0.05 with verbal interpretation of moderate positive correlation. results shows that the respondents must be properly informed on how the grants must be spent for education purposes. basically, the majority of the respondents were under the age bracket of parenthood, meaning that it should be well informed on how the grants must be properly allocated. the table 11 reveals that three (3) of the demographic profile of the respondents have calculated r-values that are greater than the critical value and the resulting p-values are than 0.05 with verbal interpretation of very high positive correlation, so there is a positive significant relationship between demographic profile and with it comes to food. in connection with the above results, it is clear that the beneficiaries primarily use the money on the food expenses of the family. it can be concluded that the https://journals.e-palli.com/home/index.php/ajsl pa ge 35 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 high positive correlation signifies that they prioritize the spending of food over the education. this reflects the misappropriation of the grants by the beneficiaries. the table 12 reveals that two (2) of the demographic profile of the respondents have calculated r-values that are greater than the critical value and the resulting p-values are than 0.05 with verbal interpretation of high positive correlation and one (1) of this was moderately table 11: presents the significant relationship between demographic profile and food food demographic profile r-value p-value vi age 1.00 < .00001 very high positive correlation number of pantawid children in household 0.97 < .00001 very high positive correlation amount of grants received 0.86 < .00001 very high positive correlation amount of grants received 0.95 < .00001 very high positive correlation *critical value / significance level: (a=0.05) table 12: presents the significant relationship between demographic profile and transportation transportation demographic profile r-value p-value vi age 0.71 .000011 high positive correlation number of pantawid children in household 0.53 .002592 moderate positive correlation amount of grants received 0.73 < .00001 high positive correlation amount of grants received 0.95 < .00001 very high positive correlation *critical value / significance level: (a=0.05) positive correlation, so there is a positive significant relationship between demographic profile and with it comes to transportation. the result signifies that some of the grants were being used by the beneficiaries for their transportation. it may be concluded that this type of spending has a correlation on the transportation allowance of the students who go to school. thus, there is a high positive correlation. table 13: presents the significant relationship between demographic profile and clothing clothing demographic profile r-value p-value vi age 0.53 .002592 moderate positive correlation number of pantawid children in household 0.61 .000345 moderate positive correlation amount of grants received 1.00 < .00001 very high positive correlation amount of grants received 0.95 < .00001 very high positive correlation *critical value / significance level: (a=0.05) the table 13 reveals that two (2) of the demographic profile of the respondents have calculated r-values that are greater than the critical value and the resulting p-values are than 0.05 with verbal interpretation of moderate positive correlation and one (1) of this was high positive correlation. the results indicate that there is a minimal spending of the beneficiaries in terms of clothing. this signifies that clothing is not the top priority of the beneficiaries in using the grants they received. the table 14 reveals that two (2) of the demographic profile of the respondents have calculated r-values that are greater than the critical value and the resulting p-values are than 0.05 with verbal interpretation of high table 14: presents the significant relationship between demographic profile and entertainment entertainment demographic profile r-value p-value vi age 1.00 < .00001 very high positive correlation number of pantawid children in household 0.66 .000072 moderate positive correlation amount of grants received 0.97 < .00001 very high positivecorrelation amount of grants received 0.95 < .00001 very high positive correlation *critical value / significance level: (a=0.05) https://journals.e-palli.com/home/index.php/ajsl pa ge 36 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 positive correlation and one (1) of this was moderate positive correlation. the results indicate that entertainment has lesser correlation in terms of the spending of the grants by the beneficiaries. it shows that the satisfaction of the beneficiaries in this factor is average compared to others. the table 15 reveals that two (2) of the demographic profile of the respondents have calculated r-values that are greater than the critical value and the resulting p-values are than 0.05 with verbal interpretation of moderate positive correlation and one (1) of this was high positive correlation. same with the other variables, beneficiaries are not into misappropriation of the grants to unnecessary spending , except otherwise if it is emergency to purchase table 15: presents the significant relationship between demographic profile and other bills other bills demographic profile r-value p-value vi age 0.99 <.00001 very high positive correlation number of pantawid children in household 0.59 0.0006 moderate positive correlation amount of grants received 0.68 0.000036 moderate positive correlation amount of grants received 0.95 < .00001 very high positive correlation *critical value / significance level: (a=0.05) based from the findings and conclusions presented, the following are the recommendations: since the benecifiaries are very satisfied in the spending of the cash grants into the education purposes , respondents should now be engaged with financial education so that, the respondents may be consistent with the target purpose of the 4ps cash grants. the beneficiaries should be taught of effective and efficient use of the grant. it is also recommended that the beneficiaries be engaged in other worthwhile activities to be given by the local government unit for them to grow their money, so that, there would be no misappropriation in using the cash grants. next, it is recommended that a plan or progam should be crafted not only about the spending habits of the beneficiaries , but as well as the socio-economic welfare of them. it will lead to high impact of the 4ps cash grant program of the government. lastly, the future researchers can use this study as a guide in the establishments of other researchers working on the same topic. conclusion with the above findings, it can now be concluded that majority of respondents were between the ages of 41 and 50, with grant amounts receiving cash grants of php4,001 or more, with three (3) benefited children or pantawid children. lastly, it was found out that the respondents are very satisfied with the use of grants in terms of the students daily allowance which was ranked as number 1.it was also found out that the profile of the respondents have significant relationship with the satisfaction level of the use of cash grants. references balacuit jr, c. (2018). contributing factors in basic education through 4ps (pantawid pamilyang pilipino program) implementation. international journal of humanities and social sciences, 10(2), 79-86. bayram, n., aytac, s., aytac, m., sam, n., & bilgel, n. (2012). poverty, social exclusion, and life satisfaction: a study from turkey. journal of poverty, 16(4), 375-391. https://www.tandfonline.com/doi/abs/10.1080/10 875549.2012.720656 casco, j. j. m. j. (2015). the impact of pantawid pamilyang pilipino program on civic engagement: a propensity score matching approach (doctoral dissertation, de la salle university-manila). https://d1wqtxts1xzle7. cloudfront.net/37707502/thesis_final-libre. de jesus, f. s., & rivera, r. r. (2020). assessment on the allocation of cash grants of 4ps beneficiaries to their daily expenditures. international journal of advanced engineering, management and science, 6(2). https:// ijaems.com/upload_images/issue_files/2ijaems10220204-assessmenton.pdf diaz, r. (2021). effects of pantawid pamilyang pilipino program (4ps) and other conditional cash transfer (cct) programs of low and middle–income countries on human development. sapienza: international journal of interdisciplinary studies, 2(1), 2-11. fernandez, l., & olfindo, r. (2011). overview of the philippines’ conditional cash transfer program: the pantawid pamilyang pilipino program (pantawid pamilya). philippine social protection note, 2. fiszbein, ariel and norbert schady (2009). conditional cash transfers: reducing present and future poverty. the world bank, washington, dc. flores, m. j. s., espinoza, c. a. b., enrico, h. c., & casimiro, r. r. (2019). pantawid pamilyang pilipino program (4ps): its effect on the academic performance of student-beneficiaries in calaba national high school in the philippines. journal of public administration and governance, 9(2), 193-208. lavrakas, p. j. (2008). encyclopedia of survey research methods. sage publications. lyra paz p. lluz. (2020). surviving and quitting: the case of 4ps (pantawid pamilyang pilipino program) student dropouts. international journal of research -granthaalayah, 8(8), 297-301. https://doi. https://journals.e-palli.com/home/index.php/ajsl pa ge 37 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 29-37, 2023 org/10.29121/granthaalayah.v8.i8.2020.971 manasan, rosario and janet cuenca (2007). who benefits from the food-for-school program and tindahan natin program: lessons in targeting, philippine institute for development studies discussion paper series no. 2001-10. makati, philippines. national economic and development authority (neda), united nations development program, new zealand aid program, and australian aid program (2010). philippines 2010 report on the millenium development goals. national statistical coordination board (2011). 2009 official poverty statistics, retrieved on february 2011. pantawid pamilyang pilipino program (4ps). https:// car.dswd.gov.ph/programs-services/core-programs/ pantawid-pamilyang-pilipino-program-4ps/ questionpro. (2020).convenience sampling: definition, application, advantages, method and examples / questionpro. https://www.questionpro.com/blog/ con/ velarde, r., & fernandez, l. (2011). welfare and distributional impacts of the pantawid pamilyang pilipino program. the world bank group: philippine social protection note, 201(3). vigilla, k. r., hurtada, w. a., gordoncillo, n. p., & depositario, d. p. t. (2018). food expenditure of pantawid pamilyang pilipino program beneficiary and non-beneficiary households in selected barangays in san pablo city, laguna, philippines. retrieved on august, 16, 2018. world bank (2008). food crisis response development policy operation program document. the world bank office manila, pasig, philippines, november 2008. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 31 american journal of society and law ( ajsl) an examination of the legislative framework on gas flaring in nigeria idachaba martins ajogwu1*, ann ojonugwa ameh2, adukwu glory ojochegbe3 volume 1 issue 1, year 2022 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: september 23, 2022 accepted: november 10, 2022 published: november 22, 2022 the rapid development of the global oil and gas industry has led to an increase in atmospheric emissions which is detrimental to the wider atmosphere. the flaring of gas during oil exploration and production activities alarmingly contributes to the emission of greenhouse gases which contribute to climate change. the enactment of legislation with adequate provisions for reducing and eliminating gas flaring from oil and gas activities cannot be over emphasized. few countries of the world have successfully eliminated the problem of gas flaring through conservation and the enactment of adequate legislation which prescribes stringent sanctions for defaulters. however, nigeria is an example of a country with inadequate gas flaring laws. the doctrinal methodology was adopted here in this research. hence, both primary and secondary sources of materials were used. this paper examined the effectiveness of the legal frame work and regulatory regimes on gas flaring in nigeria with a view to determining if the phase-out of the problem can be achieved. this paper found out that the provisions of the associated gas re-injection act (agra) 1979 and its regulations of 1984, among other laws, are inadequate for regulating and/or eliminating gas flaring. this paper finally recommended developing more effective laws on gas flaring and methods by which the gas being flared can be conserved to ensure a clean and healthy environment in nigeria, particularly the niger-delta. keywords legislative framework, gas flaring, agra 1 faculty of law, kogi state university, anyigba, nigeria 2 faculty of law, salem university, lokoja, nigeria 3 pneuma and law, mkk plaza, gudu, abuja, nigeria * corresponding author’s e-mail: idachabamartins1@gmail.com introduction throughout the ages, human societies have altered local ecosystems and modified the climate of the areas they inhabited by their various activities. relentless population pressure in all the continents of the world has made this impact global in nature. this has resulted in global, agricultural and industrial human activities, leading to high emissions of polyatomic molecules into the atmosphere. consequently, these emissions have an adverse effect on the earth’s climate and have become an issue of international concern in the past few decades. atmospheric emissions take place at all stages of oil and gas industry activities. (a y tayo, 2020).however the continuous flaring of gas to eliminate oil-associated gas is a common practice worldwide. the reasons why this gas is flared include: limited access to international gas markets as well as weak local markets to commercialize the gas; lack of funding to put in place the necessary infrastructure to use the associated gas; and an undeveloped regulatory framework for using that gas. (ggfr report, 2020). ownership and disposition of oil and gas rights in nigeria regarding ownership of oil and gas rights, nigeria has no private ownership of natural resources. (i t odumosu, 2006-2007) all oil and gas rights vests in the state that is the federal government. the petroleum act,9 the governing statute on petroleum exploration and development in nigeria, vests the ownership and control of all ‘petroleum’ in, under or upon any lands in the state.10 the word ‘petroleum’ is defined in section 15 of the act to include: “mineral oil (or any related hydrocarbon) or natural gas as it exists in its natural state in strata.”11 in addition, the federal government disposes of oil and gas resources through concessions and several types of contracts and agreements. (y omorogbe, 1997). these include the joint venture (jv) contracts and productionsharing contracts (pscs). each type of oil production contract has the capacity to affect the volume of flared gas through the provisions relating to the rights and obligations of operators and governments in relation to associated gas. (g franz et al 2004). under the petroleum act, the government grants concessions to operators in the form of oil mining leases (herein after referred to as omls). the procedure for obtaining the oml involves the granting of several levels of licenses in the following order oil exploration license (oel), oil prospecting license (opl), and the oml. it should be noted that the oml is the largest oil and gas right that oil companies can acquire in nigeria. the federal government, through the nigerian national petroleum corporation (nnpc), typically acquires a 60 percent participation interest in companies’ omls through the jv, which is the most common form of oil and gas agreement in nigeria.(s a khan, 1994). companies incorporated in nigeria which already hold an oil prospecting license are entitled to the grant by the minister of a renewable 20 (twenty) year oil mining lease upon discovery of oil in commercial quantities and compliance with all conditions imposed on the lessee is made pursuant to the petroleum act. (a gbite, 2000). such conditions include the right of the government to take associated gas produced by the lessee free of cost at the flare or at an agreed cost without the payment of royalty and to pay royalties ,rents and taxes due and https://journals.e-palli.com/home/index.php/ajsl pa ge 32 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 payable in respect of the lease and on the gas produced within the concession. however, it would appear that concessions are not exclusively granted for natural gas production but are granted to mncs for exploration and production of crude oil. given the abundance of nigeria’s natural gas reserves and the scandalous levels of associated gas flared, it is unlikely that any lease would be granted in the medium term for non associated gas assets. on the other hand, it appears that the nature of the nigerian government’s agreements with mncs has a major impact on its regulatory effectiveness. indeed, it has been argued that due to the nnpc’s jv participation, any regulation would be a regulation of the nnpc, which is an agency of the nigerian government.24 thus, this raises questions of institutional bias and lack of independence on the regulatory effectiveness of the nigerian government with respect to the oil and gas production. in addition, it further raises a probable argument that nnpc’s participation in each jv implies that it bears the responsibility for flaring about 60 percent of all gas flared in fields covered by jvs in the country. however, the jv agreements designate the companies, and not the nnpc, as operators, so it would appear that the companies are responsible for gas flaring in nigeria. it is suggested that odumosu’s argument is correct as it appears that the problem of gas flaring would be addressed more expediently if the parties that is the operators and companies (mncs) who are complicit in carrying out the gas flaring in nigeria via omls should be made to face stringent sanctions and penalties. thus, a key component of the nigerian government’s strategy for reducing nigeria’s massive associated gas flaring level is through the enactment of legislation to encourage such oil producing companies to develop programs for the utilization of associated and non associated gas. (t a yusuf, 2020). examinations of the existing gas flaring legislation and the effectiveness or otherwise of the accompanying sanctions are carried out below. legislation on gas flaring in nigeria the nigerian government has been fashioning out ways of bringing an end to gas flaring so as to harness the country’s abundant gas reserve. consequently, the federal government is implementing policies that would reduce gas flaring by stimulating domestic gas utilization. in a similar vein, legislation is also put together to address this all important issue. some of the legislation would be discussed below: the petroleum act (pa) 2004 and the petroleum (drilling and production) regulations 1969 the petroleum act and the petroleum (drilling and production) regulations (pdpr) 1969 are the two main statutes generally regulating the nigerian petroleum exploration and production (e &p) sector. section 9 (1) (b) (iii) of the act empowers the minister to make regulations providing for matters relating to licenses, including pollution of the atmosphere. indeed, gas flaring could be implied into the words “pollution of the atmosphere” as it is a source of atmospheric pollution. nevertheless, no other specific provisions on gas utilization exist anywhere under the petroleum act. however, regulation 42 of the pdpr requires licensees or lessees (i.e. oil producing companies) to: “ not later than five years after the commencement of production submit to the minister, any feasibility study, programme or proposal...for the utilization of any natural gas, whether associated with oil or not, which has been discovered in any relevant area.” this was the first major move by the nigerian state at that time to halt gas flaring in the country by the then military head of state, general yakubu gowon. (b nnimmo, 2008)however, this legislation was inherently flawed as it made no provision for sanctions (i m garba, 2008) on the licensees or lessees in the event of non-compliance. the absence of sanctions rendered the legislation ineffective in every sense, an example of a pattern which the majority of nigerian oil and gas legislation follows. in view of the fact that the licensees/lessees had paid little or no attention to the 5year deadline and had nothing on ground to utilize the natural gas, (nigerian gas flaring fact sheet, 2020). the government was forced to shift the deadline to 1979. that same year, the associated gas reinjection act no. 99 of 1979 was promulgated. associated gas re-injection (continued flaring of gas) regulations 1984 the major statute addressing gas flaring reduction in nigeria is the associated gas re-injection act (agra) 1979. this act was promulgated ostensibly to fill the vacuum left by the petroleum act and its regulations.(i m garba, 2008). essentially, the act is aimed at compelling every oil and gas producing company in nigeria to submit preliminary programmes and implementation plans for gas re-injection. the agra applies to all associated gas in lands as defined in section 1 of the petroleum act and the exclusive economic zone of nigeria. section 1 of the agra states that notwithstanding the provisions of regulation 42 of the pdpr made under the petroleum act, all oil and gas producing companies in nigeria shall submit a preliminary program to the minister providing schemes for the viable utilization of all associated gas and projects to re-inject all non-associated gas not later than 1 april 1980. however, the act further required that not later than 1st october, 1980, every oil and gas producing company in nigeria should submit to the minister, detailed programmes and plans for either the implementation of programmes relating to the re-injection of all produced associated gas or schemes for viable utilization of all produced associated gas. the wordings of the above provisions appeared to compulsorily mandate oil and gas producing companies to submit such programs, plans https://journals.e-palli.com/home/index.php/ajsl pa ge 33 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 and schemes between april and october 1980. thus, it is surprising that the same act empowers the minister to issue a certificate of exemption to oil and gas producing companies exempting them from the provisions of agra where gas re-injection is inappropriate or not feasible, subject to any conditions that he may impose at his discretion. such certificate of exemption could also permit such company to continue flaring gas if the company pays a particular sum prescribed at the discretion of the minister for every 28.317 standard cubic metre (scm) of gas flared. one would have expected the nigerian government to stipulate exactly how much such company would be liable to pay if it is permitted to continue flaring gas, to buttress the seriousness of the consequences of gas flaring. this is one example of a loophole contained in the agra. interestingly, section 3(1) of the act prohibited flaring of gas by oil and gas producing companies after 1 january 1984 without the written permission of the minister for petroleum resources. continued flaring of gas after 1 january 1984 constituted an offence. the penalty for such offence was forfeiture of the concessions granted to licensee/lessee in the particular field (s) in which the offence was committed or repair or restoration of any reservoir in the field in accordance with good oil-field practice. arguably, the agra does have a permanent plan to stop the flaring of gas in nigeria given the conditions set out in section 1 of the associated gas re-injection (continued flaring of gas) regulations 1984 but contains no provisions on payable fines for continuous gas flaring. (b e umukoro, 2020). the associated gas re-injection (continued flaring of gas) regulations (“agra regulations) of 1984 was made pursuant to the agra and amends the agra. the conditions set out in section 1 of the agra regulations are to the effect that the minister is empowered to issue a certificate for the continuation of flaring of gas in particular field (s), if one or more of the following conditions are satisfied: (a) where more than 75 percent of the produced gas is effectively utilized or conserved; b) where the produced gas contains more than fifteen percent impurities, such as n2, h2s, co2, etc., this renders the gas unsuitable for industrial purposes; (c) where an on-going utilization programme is interrupted by equipment failure, etc. the implication of this is that the minister shall continue to permit the flaring of gas in nigeria as long as a desiring oil and gas producing company satisfies one or more of the above conditions. this by extension reveals the unwillingness of the government to stop gas flaring. however, the limited exemptions for flaring set out in section 1 of the agra regulations was further strengthened in 1985 with another amendment which fixed a fine of 2 kobo (equivalent to us$.0009) against the oil companies for each 1000 standard cubic feet (scf) of gas flared. this amount was regarded as being too meager, even at a time when the nigerian naira still possessed great value, and thus the fine didn’t provide any incentive to induce the companies to reduce flaring. these fines were later raised in january 1998 to 10 naira (us$11) for every 1000 scf of gas flared. this ridiculously low fine for flaring gas by oil producing companies did little or nothing to them as it was cheaper for the oil companies to pay the penalty than build a facility to collect and transport the gas flared for alternative use as a fuel or for electricity generation.(t a yusuf, 2020). from the above, we see a trend in the deadlines which the nigerian government has set to stop gas flaring. the first deadline was set in 1969 and the next deadline was next set by the government in 1984(that is 15 years after the first deadline of 1969 was fixed!). these deadlines were never respected by oil and gas producing companies and the government has resorted to shifting them according to the pleasure of the mncs through executive orders embedded in speeches and remarks and without any backing by law. (s akanimo, 2020) thus, in response to international and local pressure, the federal government of nigeria pledged to halt gas flares in nigeria and set january 1, 2008 as its “flareout” deadline. this deadline was not to be actualized as president umaru yar’adua shifted the deadline for gas flaring from january 1, 2008 to december 31, 2008 at the international gas stakeholders forum, abuja, nigeria in november 2007 despite the clamour of nigerians and citizens of the world that gas flaring should be stopped at the close of 2007. this continuous shift in deadlines by the federal government of nigeria shows the lackadaisical attitude of the government towards phasing-out gas flaring completely from nigeria. this is surprising in view of the harmful effects which gas flaring subjects the environment and health of nigerian citizens. bassey54 aptly summarizes the situation when he describes the mncs and the nigerian government as “the players as well as the umpires in the game of gas flaring who can freely shift the goalposts as they please. (b nnimmo, 2008). the federal environmental protection (fepa) act 1988 the federal environmental protection agency (fepa) act 1988 is arguably the most comprehensive framework legislation for environmental protection in nigeria. the act incorporated most of nigeria’s national commitments under the unfccc and other multilateral environmental agreements (meas).(i m garba, 2008). the act also incorporated most of the government’s policy and commitments on environmental management enshrined in the national policy of environment (npe) which was launched on 27th november 1989. one of the policy goals enshrined in the npe is to secure for all nigerians a quality of environment adequate for their health and well-being. (national policy on the environment, 2008). the environmental protection agency (fepa), duties https://journals.e-palli.com/home/index.php/ajsl pa ge 34 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 include, inter alia, rendering advice to the federal military government on national environmental policies and priorities and scientific and technological activities affecting the environment. the fepa act was amended by an amendment act of 199261 and by virtue of section 17 of that act, which is headed “air quality and atmospheric protection” fepa is empowered to: establish more criteria, guidelines, specifications and standards to protect and enhance the quality of nigeria’s air resources and to promote the public health or welfare and the normal development and productive capacity of the nation’s human, animal or plant life. this provision includes establishing minimum essential air quality standards for human, animal or plant health, the control of concentration of substances in the air which may result in damages or deterioration of property of human, animal or plant health, prevent and combat various forms of atmospheric pollution,65 and the employment of all appropriate means to reduce emissions to permissible levels. the weakness inherent in this act is that there is no specific reference made to air pollution arising from gas flaring. considering that the fepa act was the principal framework legislation in nigeria at the time, it is surprising that the military government at the time did not contemplate the problem of gas flaring and make specific provisions to that effect within the act. it could be argued therefore that the fepa act merely contemplates such air pollution like emissions from automobiles, factories and power generating plants in its bid to ensure air quality. (b e umukoro, 2020). however, following a re-structuring programme by the nigerian government in 1999, fepa was upgraded to a full-fledged federal ministry called the federal ministry of environment (fmenv). the fmenv was established as the apex authority on the environment and assumed the responsibilities of the then fepa.(fmenv, 1999). the instrument which set up the fmenv also transferred to it the oil and gas pollution control unit of the department of petroleum resources (dpr). in addition, the fmenv in response to current demands of nigeria’s international obligations, and in accordance with npe, drafted the national environmental management act (nem act), which, inter alia, incorporated the current government policy on gas flaring elimination, and the utilization of nigeria’s gas resources. the role of the dpr and its attempt to stop gas flaring is examined below. environmental guidelines and standards for the petroleum industry in nigeria (egaspin) 1991 the petroleum act, 1969 empowers the minister of petroleum resources to make regulations for the prevention of pollution of water courses and the atmosphere. these regulations made include the petroleum regulations 1967, the petroleum (drilling and production) regulations 1969 and the oil in navigable waters act 1968. the regulations authorize the issue of licenses/permits and establishment of guidelines, standards and procedures for environmental control. egaspin was made by the department of petroleum resources pursuant to the provisions of these regulations. the dpr is responsible for administering and ensuring that multi-national companies (mnc) complies with the provisions of egaspin. one of the objectives of egaspin is to “establish guidelines and standards for the environmental quality control of the petroleum industry taking into account existing local conditions and planned monitoring programmes.” part iii, paragraph 3.8.8 of egaspin reiterates the agra provisions that gas flaring is prohibited. however, egaspin goes further to set some conditions should the licensee/operator “be constrained to flare gas”these conditions are to the effect that: a. an appropriate waiver and a permit to flare the gas must be issued by the dpr b. the flared gas should attract an appropriate fine for every scf flared in accordance with existing laws; c. pre-treated ‘clean’ gas shall be burnt and the flare shall be luminous and bright to show complete smokeless combustion at operating gas flow rate; d. the allowable heat radiation at ground level is 6.3 kw/m2 during maximum flaring at a distance of 60m from the base of the flare; e. a maximum sterilized approach distance of 60 metres radius, measured from the base of the stack shall be maintained. no other equipment except that related to the flare itself shall be located within this area. f. the noise levels for unprotected ears at 60m radius from the flare stack shall be well within the threshold of pain (80-100dba); g. purging of the flare headers shall be designed to minimize emissions to air, by considering e.g. a closed loop hydrocarbon purge gas system or use of nitrogen gas as purge gas; and h. relief valves, blow down valves and control valves to flare shall be closed during service and leakages minimized. failure to comply with the conditions set out above constitutes an offence and a body corporate or mnc, its directors and/or relevant management staff shall be liable to fine, imprisonment and/or revocation of their license/permit. these provisions of egaspin are indeed laudable as they refer specifically to gas flaring and take into account the health and safety aspects and sets environmental standards. however, the ineffectiveness of egaspin lies in the lack of capacity/manpower in enforcing these standards for gaseous emissions from e&p. most mncs situate the flare stacks right within metres of residential communities in the niger delta and there is insufficient manpower to compel them to desist from such. indeed, it is still quite common to see women drying ‘garri’ and fish at flare sites, bearing the searing heat of the gas flares, despite the fact that egaspin sets a ‘maximized sterilized approach distance of 60metres radius’ which should be maintained from the base of the stack.” this https://journals.e-palli.com/home/index.php/ajsl pa ge 35 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 practice of frying this garri is likely to be continued for a while until the federal government addresses the issue of capacity within the dpr. in accordance with the provisions of egaspin, the guidelines were reviewed late in 1998, and again in 2002, 11 years after it was first established. in spite of this revision, no further additions were made to the issue of gas flaring within the guidelines. it is hoped that further amendments to these guidelines will herald more effective provisions empowering the dpr to impose penalties on mncs who do not comply with standards set within the guidelines. environmental impact assessment (eia) act 1992 the environmental impact assessment act (eia act) 1992, commenced on 10december 1992. it is geared towards, inter alia, encouraging the development of procedures for information exchange, notification and consultation between organs and persons when proposed activities are likely to have significant environmental effects on boundary or trans-state or on the environment of bordering towns and villages. the act requires the public and private sector of the nation’s economy to carry out environmental impact assessments (eias) ‘where the extent, nature or location of a proposed activity is such that it is likely to significantly affect the environment.’ interestingly, an eia is compulsory where a public or private institution or agency intends to develop oil and gas fields, construct oil refineries, pipelines and oil and gas separation, processing and storage facilities. accordingly, since the flaring of gas occurs during oil and gas fields development and oil and gas separation, it would appear that carrying out of eias are mandatory before gas can be flared anywhere in nigeria. additionally, the eia act requires that before an eia is to be carried out, certain factors should be taken into consideration namely; the cumulative environmental effects of the project, the significance of the project, comments concerning those effects received from the public, and measures which are technically and economically feasible and that would mitigate any significant or serious s adverse environmental effects of the project. these provisions are laudable as the environmental and socio-economic effects of a project like gas flaring is taken into consideration under the act, considering the fact that gas flaring has deleterious effects on the environment. fepa is the competent authority responsible for the administration of the eia act and works in conjunction with the ministry of petroleum resources (mpr). in fact, in 1994, fepa published a document titled eia guidelines for exploration and production projects (e&p) projects. it requires that mitigating measures to preserve air quality must specifically include the minimization of venting (of gas) during production.(gas flaring in nigeria, report 2022). so, from the provisions of the eia act, it appears that the flaring of gas by mncs can only be done subject to carrying out an eia which is to be monitored by both fepa and the mpr. however, this dual role played by both agencies in enforcing the provisions of the act has led to jurisdictional conflicts between both regulatory agencies and thus, resulted in an inadequate monitoring of eia procedures. the officers of the regulatory agency lack the requisite expertise and equipment to determine the economic and environmental feasibility of a gas flaring project and there is the absence of requisite manpower to monitor the adequacy of the eia procedures submitted by the mncs. thus, the eia act is instrumental to the elimination of gas flaring if properly enforced as the requirements of compulsory eias for gas flaring is one way in which the problem can be gradually phased-out. niger delta development commission (nddc) act 2004 the niger delta development commission act (“nddc act”) was established by the federal government in 2000, in sensitivity to the plight of oil producing communities in the niger delta. the act also establishes the niger delta development commission (the “commission”). the commission is empowered to, inter alia; tackle the “environmental problems that arise from the exploration of oil mineral in the niger delta area and the giving of advice to the federal government and the member states on the prevention and control of oil spillage, gas flaring and environmental pollution.” in view of the fact that the niger delta people of nigeria are most affected by gas flaring, this act and the establishment of a commission to that effect was hailed as a welcome development. however, instead of alleviating the environmental and health problems of the people of that region as a result of gas flaring and other e&p activities, the commission is blatantly nonchalant and has not even begun implementing the provisions of the nddc act in full in the niger delta over 15 years after its establishment! this is as a result of corruption within the commission and a blatant disinterest by the government on activities relating to the environment. existing gas projects in the country aimed at phasing out gas flaring with a view to phasing out gas flaring in nigeria, the government has also invested in various gas utilization projects aimed at absorbing flared gas. some of these projects will be examined below: the nigeria liquefied natural gas (nlng) the nigerian liquefied natural gas (nlng) project is located in bonny island in the southern part of the country and is the single largest natural gas utilization project in nigeria. the project is jointly owned by agip (10.4%), the nnpc (49%), shell (25.6%) and total finaelf (15%).(j a sonibare & f a akeredolu, 2020). the objective of the project is to transport associated and non-associated gas by pipelines to a liquefaction plant on bonny island.(a christiansen & t haugland, 2020). at the plant, natural gas is processed to remove water and https://journals.e-palli.com/home/index.php/ajsl pa ge 36 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 carbon dioxide. the processed lng, which is a blend of lighter hydrocarbons with methane as the primary component, is then shipped to markets in europe and the us. this shipment to europe and the us marked the beginning of trains 1 and 2 of the $3.8 billion project. thus the project includes a three-train liquefaction plant, a 218km gas pipeline system, associated gas utilities, storage and loading facilities as well as other infrastructure investments. the project was set up to serve the nigerian domestic market and it is estimated that the project serves to increase gas supplies to about 870 million scf per day with associated gas as the primary supply. in comparison, shell petroleum development company’s (“shell”) flared gas amounted to 19, 925 million sm3/d in 1999 while the total volume of gas being flared in 1998 in nigeria was about 57 million sm3/d or about twice the size of the nlng project. thus, it appears that the nlng project will utilize a huge amount of ag and when a third liquefaction train becomes fully operational or other additional production trains are established, the project will mop up about 45 percent of the ag currently being flared in nigeria and decrease the amount being flared by 60 percent. indeed, time will tell if this project is effective in the fight to phase-out gas flaring in nigeria. the escravos gas project this project is owned by joint venture between nnpc (60%) and chevron-texaco (40%). in september 1997, chevron nigeria limited (“chevron”) started the processing of previously flared gas into natural gas liquids (ngl) and associated liquefied petroleum gases (lpg) and condensate at its escravos gas plant. (h torlief, 2020). the first phase of the escravos gas project (egp1) started in september 1997. it processes 165 million scf/d of associated natural gas from offshore fields in the western niger delta which is supplied to domestic market by pipeline. (i m garba, 2008). egp2, the project’s second phase began operations in late 2000 and processes an additional 135 million scf/d. this second phase aims to sell conditioned gas to regional markets via the west african gas pipeline project (wagpp), which is examined below. in addition, egp3 was launched on september 8, 2000, serving as a feedstock for chevron’s gas to liquid (gtl) plant aimed at extracting ngl and preparing it for use in a gtl plant adjacent to the gas processing plant. the 3rd phase was expected to have been completed (chevron report, 2020). but due to community complaints over the unemployment of local residents to work at the facility, the new completion date was moved to 2009.(fayzeh report, 2020). however, the three phases are expected to be completed in 2010 with estimated startup date of the entire project put at 2013 by chevron. (chevron report, 2009). with the completion of the 3 phases of these projects and the gtl projects the egp will have the capacity to process more than 19 million sm3/d of associated gas per year. ultimately, this means that chevron will not only have developed plans to eliminate routine gas flaring from its operations, but also taken steps towards commercializing nigeria’s natural gas resources.(gasandoil, 2020). united nations environmental programme (ogoni cleanup exercise) covering around 1,000 km2 in rivers state, southern nigeria, ogoni land has been the major site of oil industry operations since the late 1950s. ogoni land has a tragic history of pollution from oil spills and oil well fires, although no systematic scientific information has been available about the ensuing contamination. studies by the united nations environment programme (unep) reveals the nature and extent of oil contamination in ogoni land. the environmental assessment of ogoni land covers contaminated land, groundwater, surface water, sediment, vegetation, air pollution, public health, industry practices and institutional issues. the unep project team(unep report, 2011) surveyed 122 km of pipeline rights of way and visited all oil spill sites, oil wells and other oil-related facilities in ogoni land, including decommissioned and abandoned facilities, that were known and accessible to unep during the fieldwork period, based on information provided by the government regulators, shell petroleum development company (nigeria) ltd (spdc) and community members. undoubtedly, the revenue derived from oil and gas industry in nigeria has contributed immensely to its economy. however, the problem of gas flaring still exists despite plethora of legislation. it has been identified that legislation on gas flaring should be further strengthened to tackle the problem. hence, this research highlights the need for the nigerian government to enact and or amend existing legislation on gas flaring in nigeria in order to effectively eradicate gas flaring in the country. in view of the existing gas flaring regulations in nigeria and the various gas projects in the country, it appears that the complete phasing-out of gas flaring in nigeria could become a reality in the very near future. it is recommended therefore that the existing nigerian legislation on gas flaring should be revised, with a view to inserting strict and realistic sanctions which could deter multinational corporations or companies (mncs) from further flaring of gas. it is recommended that the gas flaring (prohibition and punishment) bill 2020 shall regulate gas production, transportation and distribution as well as stringent penalties and conditions on flaring. in order to reduce the amount of gas being flared, the government should actively mandate each multinational companies (mncs), operating in nigeria to submit an environmental impact assessments (eias) report before they can be allowed to flare gas. this can effectively be achieved by the engagement of dpr and nesrea professional and technical expertise of these agencies in conducting regular inspections of gas flaring sites to determine if flaring should continue there or not, and also to assess the validity of eias submitted by this https://journals.e-palli.com/home/index.php/ajsl pa ge 37 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 mncs. conclusion the government can adopt the multi-stakeholder approach in solving the problem of gas flaring. presently in nigeria, various environmental non-governmental organizations (ngos) like friends of the earth international (foei) have brought the issue of phasing-out gas flaring to the forefront of the nigerian government’s tasks. these ngos are constantly convening meetings with the government on the issue in a representative capacity for the people of the oil-producing communities. therefore, should the government include public participation as one of its goals in resolving the problem, it will not only be seen as justice to the residents of the niger delta, it will also give the citizens the opportunity to contest and express their views on the effects of the activities of the government and oil companies to their livelihood under the appropriate legal machinery. thus, public participation forums on gas flaring should include ngos, the government, regulatory agencies concerned citizens of nigeria, lawyers, residents who have been living proximate to the gas flares for the past 70 years and interpreters who can translate the proceedings into clear language for those residents who may not understand the language used in the proceedings. references a omigbodun, (2009). climate change and public health.’ paper presented at the lagos state summit on climate change, lagos, nigeria 26-28 march 2009 http://www.moeclimate.com a y tayo, (2020). oil & gas industry activity and the niger delta environment: the role of environmental law.’ www.nigeriansinamerica. com/.../oil...gas-industry-activityand-the-nigerdelta-environmenthe-role-of-environmental-law/ a gbite, (2000). the legal framework for natural gas utilization in nigeria.’ paper presented at the international bar association 2000 conference titled “gas & power: understanding the legal aspects” abuja nigeria, 27 28 november 2000. retrieved 17 july 2020. http://aelex.com/files/iba%20serl%20 gas%20utilisation%202000.pdf a christiansen, and t haugland, (2020). gas flaring and global public goods. retrived 21 july 2020. http:// www.fni.no/doc&pdf/fnl-r2001.pdf b e umukoro, (2020). ‘gas flaring, environmental corporate responsibility and the right to a healthy environment: a case of the niger delta. retrieved 27 july 2020.http://www.scribd.com/doc/17914659/ gas-flaring b nnimmo(2008). gas flaring: assaulting communities, jeopardizing the world. paper presented at the national environmental consultation hosted by the environmental rights action in conjunction with the federal ministry of environment at reiz hotel, abuja. b e umukoro(2008). gas flaring, environmental corporate responsibility and the right to a healthy environment: a case of the niger delta’ available at http://www.scribd.com/doc/17914659/gas-flaring global gas flaring reduction partnership: towards a world free flares, (2020). www.flaringreductionforum. org/downloads/ggfrbrochurepdf b nnimmo,(2008). gas flaring: assaulting communities, jeopardizing the world. paper presented at the national environmental consultation hosted by the environmental rights action in conjunction with the federal ministry of environment at reiz hotel, abuja; 10-11 december 2008. available at http://www.eraction.org/publications/... gasflaring-ncc-abuja.pdf chevron and nigeria national petroleum corporation launch major initiative. retrieved 21 july 2020. http:// www.chevron.com/news/press/release/?id=200009-08&co=chevron disputes are regards to ownership of oil and gas and minerals is exclusive to the federal high court. see spdc (nig) ltd v sirpi_aluateel consulting ltd. (2007). lpelr-8096 (ca) ; nigeria agip oil ltd v adawari family members of tein in biseni clan, yelga, bayelsa state & anor (2010) lpelr-9068 (ca) environmental assessment of ogoniland, first published in (2011). the united nations environment programme, united nations environment programme. executive director of environmental rights action (eraction), an environmental ngo aimed at protecting the environment and citizens of the niger delta of nigeria. fmenv was established by the office of the secretary to the government of the federation, the presidency circular ref. no: sgf. 6/s.22/1 dated 12th october 1999. in a more recent federal ministries’ re-shufflement, the ministry is now called “federal ministry of environment, housing and urban development.” see http://www.nigeriafirst. org/printer_336 g franz, s brent and d sascha, (2004). gas flaring and venting: a regulatory framework and incentives for gas utilization. public policy for the private sector note no. 279. retrived 17 july 2020, from http://rru.worldbank. org/publicpolicyjournal/279-gerner-svenssondjumena.pdf gas flaring in nigeria: a human rights, environmental and economic monstrosity. retrived july 2020. http:// www.climatelaw.org/cases/country/nigeria/cases/ case-documents/nigeria/gas-flaring-in-nigeria.pdf h torlief. (2020). gas flaring and global public goods. retrieved 21 july 2020. http://www.fni.no/doc&pdf/ fnl-r2001.pdf i t odumosu, (2006). transferring alberta’s gas flaring reduction regulatory framework to nigeria: potentials and limitations, 44 alberta law review at 876. i m garba (2020). phase-out of gas flaring in nigeria https://journals.e-palli.com/home/index.php/ajsl pa ge 38 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 31-38, 2022 by 2008: the prospects of a multi-win project (review of the regulatory, environmental and socioeconomic issues) retrieved http://www.nccr-trade. org/.../phase-out-of-gas-flaring-in-nigeria-by-2008. i m garba, (2008). phase-out of gas flaring in nigeria by 2008: the prospects of a multi-win project (review of the regulatory, environmental and socioeconomic issues). retrieved 21 july 2020. http:// www.nccr-trade.org/.../phase-out-of-gas-flaring-innigeria-by-2008 i m garba(2008). phase-out of gas flaring in nigeria by 2008: the prospects of a multi-win project (review of the regulatory, environmental and socioeconomic issues)’ at 4. retrieved 18 july 2020 http:// www.nccr-trade.org/.../phase-out-of-gas-flaring-innigeria-by-2008. j a sonibare and f a akeredolu, (2006). natural gas domestic market development for total elimination of routine flares in nigeria’s upstream petroleum operations’ energy policy, 34(6), 745. national policy on the environment. retrived 12 july 2020. http://www.nesrea.org/images/national%20 policy%20on%20environment.pdf nigeria fact sheet (march 2009). retrieved 24 july 2020. http://www.chevron.com/documents/pdf/ nigeriafactsheet.pdf note that chevron’s gbokoda oil field is the first “zero flare” oil field in nigeria. see also alexander’s gas & oil connections. retrieved 21 july 2020. http://www. gasandoil.com/goc/company/cna80968. section 1 of the petroleum act defines ‘land’ to include, (1998). land covered by water which is in nigeria, under the territorial waters of nigeria or forms part of its continental shelf. however, the petroleum act didn’t apply to eez at the time but applies now as a result of the petroleum(amendment) act of 1998. s akanimo, (2020). nigerian government under pressure’ 16 december 2008 retrieved http://www. scoop.co.nz/stories/wo0812/s00359 s a khan, (1994). nigeria: the political economy of oil 1ed cited in odumosu , 7. t a yusuf,(2020). oil & gas industry activity and the niger delta environment: the role of environmental law. from www.nigeriansinamerica. com/.../oil...gas-industry-activity-and-the-nigerdelta-environment-the-role-of-environmentallaw/page1 the exclusive economic zone act, cap e17, lfn (2004) clearly defines the limit of nigeria’s exclusive economic zone. t a yusuf,(2020). oil & gas industry activity and the niger delta environment: the role of environmental law. retrieved 17 july 2020. www.nigeriansinamerica. com/.../oil...gas-industry-activity-and-the-nigerdelta-environment-the-role-of-environmentallaw/page1 world country energy analysis: nigeria natural gas. retrieved 21 july 2020. http://www.fayzeh.com/ nigeria.htm accessed 21 july 2020 y omorogbe, (1997). the oil and gas industry: exploration and production contracts 2ed lagos. malthouse press. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 6 american journal of society and law ( ajsl) the refugee children legal rights to education: the case of bambasi refugee camp in ethiopia, africa workye tadesse awoke1, fe nangcas jalon de la cruz2* volume 2 issue 2, year 2023 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v2i2.1592 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: april 02, 2023 accepted: may 04, 2023 published: may 07, 2023 this study aimed to investigate the legal rights of refugee children in bambasi refugee camp, ethiopia. qualitative methods via case study were used. there were 11 participants interviewed from the selected officials such as teachers and other officials from bambasi authority for refugee and returnees affairs (arra) and benishangul gumz regional state (bgrs) education bureau. some refugees children aged from 12 to 17 years old were included in the interviews too, however all of them were given the consent to be interviewed by their parents, principal and camp authorities. they were chosen based on their academic performance, age and grade level. the whole process were reinforced with field observations and journaling. within the periphery of this articulation, results showed that the refugee camp school lack classrooms, library room was not functional, and no laboratory room as well. the school curriculum need to be revisited as there was no special education in curricular offerings. lack of qualified teachers was another issue, language barrier and financial scarcity were among the identified challenges faced by refugee children. their rights to education need to be protected. this implied for the government of ethiopia and the united nations high commissioner for refugees (unhcr) to look into the situation of the refugee camp school so children’s right to education will be protected be reinforced with quality education. keywords children’s rights, refugee children’s right to education, refugee children’s protection, qualitative research, bambasi camp, ethiopia, africa 1 attorney, commercial bank of ethiopia, addis ababa, ethiopia 2 international development worker, bahir dar city, amhara region, ethiopia * corresponding author’s e-mail: lady.feus3819@gmail.com introduction in the whole world, every child has the right to an education but only 50 percent of refugee children have gone to school which is much worse than the global average. this is a problem faced by refugee children because they were affected by poverty, strained resources in the host country, humanitarian agencies and donors. their right must be protected in order to come to school since they play essential roles in society (esveld, 2023). there were crisis in schooling for displaced children. there are limited data about education of refugee children, more than 41 million (unhcr, 2022b) children who have been forcibly moved to evacuate, yet just half of the academic year 2020-2021 at the gross enrolment rate. in primary school was greater than 100 percent worldwide, but just 68 percent were refugees, it was noted by unhcr (sheppard, 2022). in fact, million children who the unhcr considers as refugees are out of the school (unhcr 2022a). in addition, the gross secondary school attendance exceeded 100 percent in lower-middle class areas. revenue for high-income nations fell to 37 percent for refugees. secondary education completion rates for refugees are unknown, but they probably fall much below the global average of 45 percent (unicef, 2022). more than 75 percent of refugees had been displaced for over five years. the average length of time that a refugee spends in these protracted situations is 20 years and this is 10 years longer than childhood age according to the un educational, scientific and cultural organization as the number of years in exile is about 2 decades (unesco 2019). in africa, forced migration is a bigger issue than in any places due to conflicts in different countries. it resulted in both internal and foreign displacement. regarding the number of refugees as of january 2017, africa is home to 5,478,950 refugees and 52,743 individuals in similar circumstances, for a total of 5,531,693 refugees and individuals (unhcr, 2018). recently, the stateless populations figured it out to be 71,611,252. alongside with this problem, the african union (au) has a big role. considered as one of the unhcr’s most crucial allies and a pioneer in an international efforts to address forced displacement the union offers essential reliefs supplies, financial aid, and housing to vulnerable individuals in order to increase access to education. this year, its emphasis is on improving protection monitoring and emergency response while working with development programs to find long-term solutions. in this light, through its ambitious agenda 2063, the union unites its 55 member states to work together to address pressing political, social, and economic concerns, such as preventing and ending war and fostering pan-african development and integration (unchr, 2023). in ethiopia, the number of refugee children enrolled in primary has climbed up from 118,275 in 2016/17 to 132,563 in the 2017/2018 academic year, according to preliminary data on the school enrolment rate. this raises the overall enrollment rate in elementary schools to 72 percent, which is very close to the ethiopian government’s pledged aim of raising the enrollment rate in primary schools for refugees to 75 percent. however, there are gaps in education delivery in ethiopia, including a lack of readily accessible classroom space, a shortage of https://doi.org/10.54536/ajsl.v2i2.1592 https://journals.e-palli.com/home/index.php/ajsl mailto:lady.feus3819@gmail.com pa ge 7 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 qualified teachers, and a dearth of high-quality teaching resources, such as textbooks, lab supplies, and stationery. only 56 percent of instructors are formally qualified to instruct at the primary school level, and the average ratio is 1:80. (unhcr, 2016). in this lens, previous studies in the country investigated most of the time for the protection refugee as a general project in that they give less emphasis for the protection of child right to education, whom are double vulnerable to human rights violation most of the time even those studies on refugee protection give much emphasis to somali and eritrean refugee, the protection of refugee who came from other countries as a whole and the protection of child refugee to education in particular was not studied well. therefore, taking in to consideration the existence of significant number of children refugees and their vulnerability to various forms of human rights violation it is worth giving to investigate the legal and practical protection of child refugees’ right to education in ethiopia, bambasi refugee camp. revealing the existing challenges in bambasi refugee camp which hinders the right to education of refugee children will help donors, state government and nongovernmental organizations working on refugees in general and child refugees right to education in particular to easily understand those challenges refugee children are facing on their education in bambasi refugee camp, ethiopia. furthermore, this research can be taken as a reference for further research on the issue. general objectives to investigate the legal rights to education of refugee children in bambasi refugee camp, ethiopia, africa. specific objectives • to examine the protection of children refugee right to education at existing international human rights system both in the legal and institutional frameworks. • to overview the protection of children refugee right to education under regional human rights systems. • to evaluate the legal and institutional framework protection of the right of refugee children to education under ethiopian legal system. • to assess the practical protection given for the right of refugee children to education in ethiopia, bambasi refugee camp. literature review the refugees people who have fled from their own nations in quest for safety are considered refugees (guler, 2013). in similar way, the person who lives outside of their own country because of a legitimate fear of abuse brought on by their nationality, religion, or relationship and because they do not desire to get access to benefits related to their political beliefs or social group membership, this person is referred to as a refugee (dictionary of migration terms, 2009). although forced migration has always occurred, nations and policymakers are frequently taken aback by the entrance of refugees (kleist, 2017). the movement of individuals across borders, both internally and externally affects the entire world and is a problem that affects the entire world and is becoming more frequent (tadele, 2017). moving, whether within a country or across an international boundary, is referred to as migration. encompassing all types of migration, regardless of their size or origins; this includes economic migrants, internally displaced people, uprooted people refugees, and asylum seekers (international organization of migration glossary on migration, 2004). in turkey, syria’s prolonged civil war affects economy. due to the conflict and the conditions it creates, many families are compelled to move to foreign nations. families are the group most hit by this circumstance, and the youngsters relocate with their parents there. turkey has taken precautions to prevent this disruption from influencing their future. any of these measures that are taken to provide protection gives these kids an opportunity to continue their education (uzun & butun, 2016). however, one of the major problems syrian refugees have is the potential for access to information, which is maybe the most important in the medium and long terms. for the education of their kids (tunc, 2015). right to education the legal of education as a human right dates back to the publication of the universal declaration of human rights (udhr) in 1948 has been reaffirmed in a number of international human rights agreements, such as the convention against discrimination in education (1960), the international covenant on economic, social, and cultural rights (1966), the convention on the rights of the child (crc), and the convention on the elimination of all forms of discrimination (ced). all students are guaranteed a right to free, universal primary education under these treaties, and they also place obligations on public schools to provide and support secondary education. all children should have equitable access to it and higher education, and there is a duty to provide basic education for those who have not finished primary school (unicef, 2017). international law mandated to provide strategic goal for education to work and persuade authorities to give refugee children the right to have been educated. their rights must be uphold. in fact, it is the host nation’s responsibility to provide the right of displaced children to an education. many domestic laws, do not ensure that everyone has the right to learn. in many countries, domestic laws do not always allow on education for all. if they permit on free access to education they may impose certain conditions as proof of legal status, place of residence, or a certification from previous school attendance (norwegian refugee council, 2021). problem issues in this vein, the desire for study among refugee children https://journals.e-palli.com/home/index.php/ajsl pa ge 8 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 is frequently stifled by a lack of opportunities for a more expensive education and a better job. jordan’s requirement that syrian refugees pay foreign-student tuition for higher education pushes universities out of reach for many. reach for most students, even those with excellent test scores on their high school graduation exam examinations (hrw, 2016b). the scarcity of qualified teachers in massinflux scenarios is a problem that frequently arises. they instruct the additional students despite the fact that refugee teachers are prohibited from teaching or cannot have their credentials accepted. syrian refugee teachers in jordan and lebanon are not permitted to work as teachers in either public or private institutions (hrw, 2106a), but in bangladesh, the government community-led schools run by rohingya refugee teachers were forcibly closed (hrw) 2022a). it is stated that teaching in turkey and germany, two of the main nations that welcome refugees, is a significantly difficult. the lack of management skills prevents significant numbers of refugee children from being mainstreamed in national school systems. classroom diversity and there was lack of proper orientation and training for teachers to deal with it with the educational requirements of children from refugee families. the proficiency in learning a second language in immigrant children in both turkish german school became an issue (seker & sirkeci, 2015; baumann, 2017). although children do not have the exclusive right to education, they appreciate it the most. it is crucial to their development and in many cases, their survival and safety. a minimum level of education is required in order to enjoy many civil, political, socioeconomic, and cultural rights like the freedom of information and expression, the right to vote and be elected, the right to choose one’s employment, the right to equal pay for equal work, among many others. this is why the human right to education is referred to as an enabling right (tomasevski, 2001). the school buildings are made of bamboo in accordance with the semi-permanent constructions guideline; tables and seats are likewise constructed of bamboo and are cemented into the ground. the bamboo walls that make up the classrooms don’t do a good job of blocking out the noise from other “classrooms.” as a result, schools are packed, busy, and warm. the schools lack electricity, same as the rest of the camps. additionally, due to a lack of resources, there are no science laboratories and no tables or chairs for the teachers in the classroom. the physical and educational demands of students with special education needs are not fully met by the infrastructure of school grounds and buildings (zoa, 2009). the ethiopian context ethiopia has passed the refugee proclamation no. 409 of july 19, 2004, federal democratic republic of ethiopia, revised by proclamation no. 1110/2019, in an effort to demonstrate its commitment to and desire to adopt national legislation (unhcr, 1992). it summarizes ethiopia’s legal system for refugees, highlights important protective concepts, and states that it will be applied without regard to a person’s race, religion, nationality, membership in a particular social group, or political position. the refugee proclamation is the primary national legal document that expressly addresses concerns relating to refugees living in ethiopia, along with the fdre constitution (kleist, 2017). in support, the unhcr’s major government partner with whom close coordination is maintained to ensure the protection of refugees in ethiopia is the administration for refugee and returnee affairs (arra) (unhcr, 2016).a new refugee proclamation, number 1110/2019, has been created to give refugees extra rights. the law now makes it possible for refugees to register life events officially, get work permits, and to access basic education (fdre, 1995). in essence, there have been a number of studies conducted on the topic of refugee protection. accordingly, a study on rights in displaced situations: challenges and prospects for enforcing reproductive rights of refugee women and girls. the paper revealed that financial issues and limited resettlement opportunities, the existence of reproductive rights violations, the social, cultural, and religious challenges on the provision of reproductive health services, and a lack of awareness about sexual reproduction and reproductive he the study focuses in particular on the female refugees’ and girls’ reproductive rights. refugee children can be grouped with girls, but the study primarily examines the reproductive rights of girls and does not take them into account rights of other refugee girls, notably those relating to education. as a result, it has a research gap that has to be looked into in relation to the right to education of child refugees rights of other girls who are refugees, including rights to education (tesfaye, 2011). in addition, diress (2011) study on the right to asylum, a case study with particular reference to somali and eritrean asylum-seekers and refugees in ethiopia, reveals that access to asylum procedures is sometimes denied or delayed at eastern ethiopian camps, and refugees are not always guaranteed safety and security while seeking asylum. the study, which is still general in nature, did not elaborate about ethiopia’s actual or legal protection of children seeking asylum there having access to education. materials and methods this study was conducted at bambasi refugee camp school. it is located in assosa zone, a few kilometers away from benishangul gumuz region, western ethiopia, africa. qualitative method via case study was employed. this hatched the idea of yin (1984) that in case of analysis, the data is most frequently carried out in the context of its application. the researchers selected this approach because they believed that it is the way to address the research objectives and to have a detail understanding of the experiences of the study participants. there were 11 key officials in the refugee https://journals.e-palli.com/home/index.php/ajsl pa ge 9 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 camp involved in the interviews alongside with the refugee children who were students that selected based on their academic performance, age and grade level who were authorized by their parents to be included in the focus group discussions. in benishangul gumuz area, bambasi is the third refugee camp after sherkole (the oldest camp since the sudan and south sudan war) and tongo. it started taking in refugees in june 2012 after two other camps surpassed their capacity. primarily sudanese refugees from hostilities between the sudanese army and the sudan people’s liberation movement-north were housed in the camp when it first opened (iom, the migrant, 2012). as of june 2018, 17,287 refugees are living in the bambasi refugee camp, including 8,606 men and 8,681 women. ninety-seven percent of the migrants came from north sudan and the blue nile state of sudan, while the remainder refugees came from burundi, south sudan, and the democratic republic of the congo. children under the age of four (2160 males, 2,140 females, totaling 4,300), between the ages of 5 and 11 (1955 males, 1910 females, totaling 3865), between the ages of 12 and 17 (1264 males, 1139 females, totaling 2403), between the ages of 18 and 59 (6119 males, 3196 females, totaling 29,23), and over 60 (304 males, 296 females, totaling 600 refugees) make up this population. according to this figure, the proportion of refugees in the camp who are under 18 is greater than 50% (hailu, 2018). arra ran the school in collaboration with unhcr, which starts educating refugees since 2012 and it operates from grade 1-8. the class schedule is a double shift system, from grade1-4 in the morning session and from grade 5-8 in the afternoon session. in the school there are 39 classes, within this 23 of the class rooms are permanent one, which are built for class purposes, whereas the remaining 16 classrooms are temporary (semi-permanent) which built to solve the shortage of classrooms for temporary classes. at the time of this investigation, there were 6 female, 64 male total 70 teachers who were teaching in the bambasi refugee camp primary school. among the total teachers, 3 female 20 male totally 23 teachers were degree holder permanent teachers employed by arra, who were ethiopian by nationality and they mostly teach from grade 5-8 refugee students. they are qualified and recruited based on the ministry of education (moe) and benishangul gumz regional state (bgrs) teacher recruitment standards. 3 female 44 male totally 47 teachers are refugee incentive teachers, within this 10 of them are degree holders, 8 have diploma and the remaining 29 incentive teachers were below grade 12. the school has one library, but it is not functioning well due to the absence of a librarian and it is too small to serve for many students. results and discussion it could be deduced from the interview results that the refugee right to education in bambasi refugee camp was not properly protected. various challenges which hindered the refugee children enjoyment of their right to education showed up. these issues are the following: mixed learning the interviews with officials in the camp, revealed that all refugee children were required to enroll the basic education program. all would start in grade one regardless of age. in that case, all children were given equal chance of getting education in the primary school. however, the informants mentioned that there is no special class for visually, mentally and physically impaired refugee children in the camp. in that, the right to education of refugee children with special needs is highly affected (hailu, zyenu & meskerem, 2018). in this context, it is admirable that the government is imposing towards education for all regardless of a person’s status in life. the government mandate that requires everybody to enrol in grade one is an indication that the educational policy of ethiopia as stipulated in rights and obligations access to education of asylum seekers and recognized refugees proclamation no. 1110/2019 is serious in implementing the rule of law to give equal rights to education against all odds. hence, the educational leaders must bear in mind that conducting classes with heterogeneous age from both genders must be looked into in order to be given ample attention to properly dispose quality teaching and learning on the part of the teachers and the learners. on the other side of the story, it was mentioned by some officials that despite this advantageous advocacy on the part of the government efforts to implement this educational system, inclusive education was not included in the school curriculum in bambasi refugee camp school. in like way, a research literature on multigrade instruction were tackled by some researchers too. others mentioned that mixed learning is becoming more significant in a variety of nations. these nations work to provide universal access to basic education, like in sri lanka (hargraves, montero, & chau, 2001), peru, and vietnam (aikman & pridmore 2001). turks and caicos islands (berry, 2001), columbia (mcewan, 2001), just to name a few. additionally, multigrade classes are available in nations having formal education systems with a long history, such those in australia (maxwell 2002), canada (brown & martin, 1999), the united states (mason & burns, 1999) additionally, multigrade instruction may be advantageous in refugee camps and extreme circumstances that a re identical. despite the fact that there are numerous definite advantages to multigrade classes, there is still disagreement on the results of multigrade teaching (mason & burns 1998; veenman 1995, 1996). additionally, as pointed out by (little, 2001b) of multigrade teaching that it is frequently applied in environments where the necessary knowledge, abilities, and resources are insufficient. additionally, considering what teachers think, combining pedagogies in the classroom can assist in delivering education of high caliber in syria. these are in similar to the opinions of other authors, including barrett (2007), https://journals.e-palli.com/home/index.php/ajsl pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 o’sullivan (2004), vavrus (2011), schweisfurth (2013), gutrie, 2011; alexander, 2017; & thompson, 2013). but this result is not consistent with inee. (2010a), which encourages lce adoption as “best practice” when it comes to refugees. the the case study research’s findings were emphasized many obstacles and forces that had an impact the choices made by teachers, their opinions of lce, and effective teaching. on the issue on special education need, many refugee children struggle to get an education, but those who have special needs are particularly at risk of being excluded from social and educational contexts. despite being regarded as a great practice, mainstreaming may not always be possible due to the scarce resources found in refugee camps (crea…et al., 2022). financial budget as the researchers continued to excavate the information about the issues surrounding the bambasi refugee camp school, additional problems emerged. one of the biggest issues that came into the picture was relating to numbers of teachers, classrooms, lack of teaching aids and devices, textbooks which are mainly associated with the budget problem (p2-indpeth). some interviewees mentioned that the problems in the refugee camp with regard to the enjoyment of the right to education by refugee children’s are associated with money issues (p3-indepth). the camp has shortage of budget and those allocated are not released. as a result, the ratio on number of students per class and student to teacher and book ratio is always below the national standards. naturally, financial constraint is common to many organizations especially in educational sector. as spoken by the officials in the camp, it is a sad reality that due to lack of financial support, children rights to quality education was hampered due to lack of school facilities. teachers were handling large classes in a room where textbooks are incomplete. this is a clear indication that quality education was not properly impose as evidently observed by the researchers in the camp. related literature speaks about similar situation. the organizations like unhcr have attempted to create programs in collaboration with numerous ngos or other non-profit organizations, but “unhcr has been going through a financial crisis for the last few years. poor quality in refugee education is largely due to inadequate funding. even schools may close as a result (brown & martin, 1989). in similar manner, financial assistance and educational resources are lacking analogous to the kakuma interviews with teachers at the buduburam refugee camp conducted in a refugee camp noted problems with inadequate funding for schooling. both male buduburam buduburam male teacher 1 (bm1) and buduburam female teacher 1 (bf1) discussed the inadequate teacher salary at the school and pupils’ inability to afford purchases food or even materials for schools. additionally, the absence of funding resulted in the amount of textbooks and other learning resources that teachers can give students kids’ ability to learn, impeding that ability (rubenstein, 2013) inadequate classrooms it is noteworthy, that in bambasi refugee camp primary school the presence of classrooms were insufficient to hold classes. a participant said that due to its inadequacy, class size ballooned to 100-150 learners in one lecture room. another interviewee elucidated that holding classes on this scenario was hard for them. there were times that students from grades 1 to 4 classes will rise into more than 150 per lecture. many of the students cannot sit down. chairs were inadequate, they merely sat down on floors and others were succumbed to just indulging in a standing position at the back of the room. as a result teachers could not manage well in handling class discussions. student assessment whether the children are learning, hearing or writing etc. was impossible. evaluation and monitoring were difficult. more so, many children had having same names, teachers elaborated that an overpopulated classroom memorizing or familiarizing of student’s face was not easy to do. the researchers have personally witnessed on the actual situation of the refugee children in the camp. we can share the idea of the teachers, due to the absence of chair and space to sit them sometimes not allowed entering in the class. in general the school lacks minimum basic facilities including basic furniture, windows, and ventilation. in our observation in classrooms i had witnessed that in almost all classes the number of student chairs are few, the class are shallow and does not have window. the semi-permanent classrooms have open walls that expose children to dust and wind gusts and the majority of schools are not accessible to children with disabilities. due to this refugee children cannot get the necessary education, as stipulated in international, regional and national human rights instruments. the situation of the refugee children in bambasi camp in ethiopia was not alone in this world. the idea was sought after sharif (2020) mentioned that teachers in syria also experience difficulties that prevented learnercentered education (lce) implementation because the physical layout of the classroom, as well as the serious absence of instructional aids and resources (sharif, 2020). furthermore, several challenges are faced by schools in refugee camps challenges, such as inadequate financing, crowding, and a lack of outdated instructional materials, inadequate teacher preparation insufficient technology (mendenhall…et al., 2015). the school curriculum at the onset of the interview, a participant mentioned that the bambasi refugee camp school followed the ethiopian ministry of education’s system. the fdre education curriculum has a policy that if the children acquire minimum learning competencies (mlc), the whole students from grade14 shall pass to the next grade. the application of this policy in bambasi https://journals.e-palli.com/home/index.php/ajsl pa ge 11 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 refugee camp has a negative impact on children’s right to education. as discussed before the camp have a shortage of classrooms, therefore, it is impossible for the teachers to assess whether the children are acquiring the necessary knowledge or not. it was mentioned by another informant that the refugee children are not getting a good background in their education. for him the capacity of grade 4 and 1 are the same and it seems they are in the same level. the unesco (2015) elaborated the challenges with regard to curriculum is the contents of the student books. some teachers and students said that the textbooks are not published taking in to consideration the refugee children’s background. instead, the textbooks are translated to english language without any modification as to the contents. the names of plants, foods, places, and persons are totally ethiopian, which is difficult for the teachers to teach with the examples and students to understand. students cannot differentiate the image of man and women in the text books, since no hijab is made on women’s head among the massively numerous syrian’s unicef assisted in the establishment of a using a syrian children’s education system updated syria’s curriculum to promote enrollment at the host’s schools societal groups. language barrier the importance of the mother tongue, and more specifically of mother-tongue education, is recognized globally. the use of the mother tongue is regarded as one of the most effective ways to act and perform cognitively, socially and communally (chuur, 2013). the media of instruction in bambasi refugee camp primary school in the whole grade is only english. english language is selected because many of the refugees are from different background in their home country. whereas, the media of instruction is a barrier for refugee children right to education in bambasi refugee camp. according to kerima bahida, making english as the only media of instruction is not enough, it also better for the children to learn arabic and amharic. for her she cannot coach her child in education because of the media of instruction in textbooks is english, which she does not understand at all. furthermore, it is difficult for the children to understand and it may affect their future. refugee students feel as they will start class again in arabic when they return to their home country. it also has its own negative impact on student to teacher relationship in the school, because teachers cannot speak and translate to their native languages. for mupenzi j. refugee children are unable to recognize the english accent, they do not give attention for learning rather they will laugh in what and the way they heard other speaking. the researchers also observed in an interview with the refugee students that they cannot speak english even those students who belong the upper grade level. academic and language-related problems were identified as the main concerns in education in the refugee camp. participants brought up concerns about academic achievement, overall integration and communication, and connected these to the limited language skills of refugee young children . skills because they lack the ability to communicate clearly and effectively, which compromises the process of integration (seker & serkici, 2015). although schools provide refugee children with a secure atmosphere, their background experiences, heritage disparities, and a lack of capacity to communicate in the host society’s language may produce school integration problems (hart, 2009). interesting results revealed that respondents pointed out that refugee children could not exercise their right to school fully. children who have fled their homes have a tough time adjusting to school and their new environment. conflicts of cultures and are accepted by their peers. all of these result in exclusion and decline. school achievement. the literature frequently mentions the linguistic barrier as the a significant issue that refugee families and children experience (patiadino, 2008). in addition, there were many difficulties encountered by students in the refugee camp, these are access to school, the language barrier and education gap, overcrowding, a lack of proper school documents for children, child labor (aras & yasun, 2016); dinçer et al. 2013), dorman & chatty et al. 2014), kirişci, inee, 2014, and save the watkins & zyck, 2014). economic problems from the storylines of the participants it came out that refugee children in the camp commonly shared financial woes. they were all dependent from the international support from agencies like arra in collaboration with unhcr and other donors. the ration distributed to them was not enough. many suffered in poverty and this forced them to leave the camp and find ways and means to earn for a living. they fled and live with their relatives in other places to some extent they find refuge in other refugee camps. alongside with their need to sustain a living, many just returned home in bambasi when it is time to distribute ration again and received their share of pie. in addition most of the refugee families cannot buy cloth, shoe, hijab, stationeries for their children. as such, refugee children left the school to avoid the feeling of shame. economic factor are the main reason for the dropout in bambasi refugee camp school. a related research connived with the situation that refugees experiences in bambasi camp, a literature said that over 90% of syrians live below the poverty line, making poverty and unemployment a pervasive problem in the country. many individuals are unable to buy essential products and services due to high rates of inflation and a record price increase of more than 800 percent in the last two years. the economic crisis has resulted in food insecurity for an estimated 12.1 million individuals. many refugees have lost their jobs and are struggling to satisfy even the most basic demands, such as getting access to clean water, electricity, food, and medicine, as well as https://journals.e-palli.com/home/index.php/ajsl pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 paying their rent. the slump in the economy has also made children more vulnerable to many dangers to their personal safety, including child labor, gender-based abuse, early marriage, and other types of exploitation (unhcr, 2023). shortage of qualified teachers there are 23 qualified teachers who have an education background and skill of pedagogy in bambasi refugee camp primary school. the remaining 47 teachers are an incentive teacher who does not have any education background, skill of pedagogy and they are under standard. most of them do not have any documents which show their status. in that only 32.85 % of the teachers are having a formal qualification to teach at the school. arra recruits the remaining teachers based on the information they give when screening to be a refugee. the student-to-teacher ratio is above the standard, it remains at 1:83. almost all teachers teach four classes in a day, which has more than 100 students in one class. in addition to the above main challenges the absence of laboratory rooms, the absence of special need education, the hulata ayw sa jud biyae si shortage of text and reference books, the problem of refugee village and lack of awareness by refugee children parents and guardians about the importance of education are the factors that negatively affects the right to education of refugee children in bambasi refugee camp. the researchers vogel and stock (2017) said that in germany which has 16 federal states and a decentralized system for implementing education policy. the amount of schooling provided to refugees and those seeking asylum varies greatly between states based on their population. of the number of refugees being handled, prior encounters with migrant pupils, and understanding of local policy. many newly certified or contract teachers had no formal training to welcome classes, give children german language skills and prepare them to integrate into regular teacher classrooms training. implications for practice the study reveals the existing problems in bambasi refugee camp in ethiopia that affects refugee children right to education. it implied that there is a need to effectively implement of the right to education of refugee children’s in the camp as specified below; firstly, withdraw from reservation. ethiopia is a state party to the 1951 un convention and its 1967 protocol by accession on 10 nov 1969. but according to the terms of article 42, para. 1 of the convention ethiopia made reservations on of article 22 (1) of the right to public education and take it as a recommendation than legally binding. ethiopia does not make a clear withdrawal from such reservation as stipulated by the convention under article 42(2). this provision provides that, the contracting states shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education. secondly, improve the qualifications of refugee incentive teachers. the majority of the refugee camp teachers are an incentive teacher, whom lacks professionalism in teaching. to make effective the teaching-learning process in the camp, arra in collaboration with unhcr shall provide short and long training that improves their skill in teaching and makes their way to become professional teachers. thirdly, take further measures. as discussed above, various challenges affect the refugee children right to education in bambasi refugeecamp like shortage of qualified teachers, laboratory rooms, textbooks etc. therefore, ethiopia shall take additional measures to solve such problems like providing pedagogy training for incentive teachers, publishing more textbooks and reference materials and policy measures on the provision of education. fourthly, upgrade temporary class rooms. the numbers of classrooms in bambasi refugee camp is not sufficient to deliver the service in accordance with the standard set by moe and bgrs education bureau. therefore, arra and unhcr and other ngos working on refugee education shall consider in constructing additional classrooms which can accommodate students, at least upgrade the existing temporary classsrooms. fifthly, revise the education curriculum. the education curriculum implemented in bambasi refugee camp is the national and regional education curriculum of ethiopia and bgrs. the contents of the text are not prepared taking into consideration of the culture, language, religion of the refugee community, rather the whole things are typically ethiopian. therefore, the government of ethiopia and unhcr have to work together to improve the legal provisions and policy matters that affect refugee children right to education. revising the education curriculum taking in to consideration the interest of the refugee community and best of interests of refugee children. sixthly, make education inclusive. the education provided in bambasi refugee camp primary school does not take in to consideration those physically, mentally, visually impaired refugee children’s. therefore, to make education inclusive the school with arra, unhcr and others organization working on refugees should provide education services for those vulnerable refugee children’s by fulfilling the necessary equipment’s, teachers and assisting materials. lastly, generate additional income for refugee parents and students. economic problems are the main challenges for refugee children to purse education in the camp. therefore, arra and unhcr should increase the monthly ration and facilitate another means that generate income for refugee families and children to increase enrolment rate and decrease dropout rate in education. https://journals.e-palli.com/home/index.php/ajsl pa ge 13 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 implications for future research this qualitative approach using case analysis gathered some important issues surrounding the bambasi refugee camp in ethiopia. hence, the results of this investigation might challenge future legal researchers to look closer into the difficulties encountered by refugee children and the legal protection to their rights to education. it is embolden that future readers as well will give their comments not only in the area in which they work but within the context of the study. the discoveries of this study has restricted validity. in this lens, the researchers are convinced that it will be good if future researchers will increase the number of participants by expanding the areas covered in this inquiry. the reason is to provide a better and more convincing implications if similar investigation would have a sequel. as of the time of this writing, there are still lot of refugee camps that are unexplored. we could see the significance if a multiple case study might be considered in the future to cover large areas to further research investigations. the researchers are in standing ground that the efficacy value of this research investigation is necessary as future reference in any research pursuits. conclusion legally ethiopia is a state party with too many international and regional human right instruments, which gives a broad range of protection to all human beings. at the same time there are domestic legal instruments which give protection, promotion and respecting of human rights. ethiopia is a major refugee hosting country in the world and protects refugees based on international and domestic human rights instruments. regarding refugee protection ethiopia is a state party to un refugee convention and oau convention governing the specific aspect of refugee problems in africa. those international refugee protection instruments, the fdre constitution and the refugee proclamation no. 1110/2019 are the main normative frameworks for the protection of refugees in ethiopia with regard to the refugee children right to education in bambasi refugee camp, ethiopia, the education policy of ethiopia is applied for each grade level. bgrs the region bambasi refugee camp located has also its own regional policies regarding education mainly at primary level. in the camp there is only one primary school which operates from grade 1-8. arra and unhcr are the main institutional frameworks for the protection of refugees in the camp. along with this line, the refugee camp official must be pursuant on their civil rights and responsibilities in aims and objectives to make the district may become suitable to the needs of the refugee children to help them protect their own rights to quality education. references aikman, s., pridmore, p. (2001). multigrade schooling in ‘remote’ areas of vietnam. international journal of educational development, 21(6), 521 – 536. alexander, r. (2017). towards dialogic teaching: rethinking classroom talk (5th edition). york: dialogos. aras, b. & yasun, s. (2016). the educational opportunities and challenges of syrian refugee students in turkey: temporary education centers and beyond. istanbul policy center. https://core.ac.uk/download/ pdf/78366602.pdf barrett, a. m. (2007). beyond the polarization of pedagogy: models of classroom practice in tanzanian primary schools. comparative education, 43(2), 273-294. berry, c. (2001). achievement effects of multigrade and monograde primary schools in the turks and caicos islands. phd thesis abstract. international journal of educational development, 21(6), 569. brown, k. g., martin, a. b. (1989). student achievement in multigrade and single grade classes. education canada, 29(2), 10. chatty, d., ahmadzadeh, h., çorabatır, m., al husseini, j., hashem, l. & wahby, s. (2014). ensuring quality education for young refugees from syria (12-25 years) crea, t. m., klein, e. k., okunoren, o., jimenez, m. p., arnold, g. s., kirior, t., ... & bruni, d. (2022). inclusive education in a refugee camp for children with disabilities: how are school setting and children’s behavioral functioning related?. conflict and health, 16(1), 53. https://doi.org/10.1186/s13031-022-00486-6 dictionary of migration terms. (2009). international migration law. no. 18. http://www.goc.gov.tr/files/ files/goc_terimleri_sozlugu.pdf on 08.06.2018. dinçer, o. b., federici, v., ferris, e., karaca, s., kirişci, k. & çarmıklı, e. ö. (2013). turkey and syrian refugees: the limits of hospitality. washington, d.c.: the brookings institution. diress, a. (2011). the right to asylum: a case study with particular reference to somali and eritrean asylumseekers and refugees in ethiopia. unpublished. addis ababa university. esveld, b. v. (2023). a will and a way: making displaced children’s right to education enforceable. laws 12(1), 16. https://doi.org/10.3390/laws12010016 fdre. (1995, august 21). constitution of federal democratic republic of ethiopia.proclamation. no. 1. addis ababa, ethiopia: negarit gazeta. guler, a. (2013). the international refugee regime: an analysis of regime effectiveness guthrie, g. (2011). the progressive education fallacy in developing countries: in favour of formalism. dordrecht: springer hailu, b., zyenu, s. , meskerem, a. (2018). on the policy of registration. (aninterview). hargreaves, e., montera, c., chau, n., sibli, m., thanh, t. (2001). multigrade teaching in peru, sri lanka and vietnam: an overview. international journal of educational development 21(6), 499-520. hart, r. (2009). child refugees, trauma and education: interactionnnist considerations on social and emotional needs and development. educational https://journals.e-palli.com/home/index.php/ajsl pa ge 14 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 psychology in practice, 25(4), 351-368. human rights watch. 2016a. growing up without an education: barriers to education for syrian refugee children in lebanon. https://www.hrw.org/ report/2016/07/19/growing-without-education/ barriers-education-syrian-refugee-children-lebanon human rights watch. 2016b. we’re afraid for their future”: barriers to education for syrian refugee children in jordan. https://www.hrw.org/report/2016/08/16/ were-afraid-their-future/barriers-education-syrianrefugee-children-jordan inee (2010a). minimum standards for education: preparedness, response, recovery. new york: inee inee (2004). minimum standards for education in emergencies, chronic crises and early reconstruction. paris: inter-agency network for education in emergencies international organization of migration glossary on migration (2004). http://www.iom.int/jahia/ webdav/site/myjahiasite/shared/shared/mainsite/ published_docs/serial_publications/glossary_eng. pdf kleist, j. o. (2017). the history of refugee protection: conceptual and methodological challenges. journal of refugee studies, 30(2) .oxford university press.https://academic.oup.com/jrs/ar ticleabstract/30/2/161/3873491. little, a., (2001b). editorial. international journal of educational development 21(6), 477-479. mason, d. a., burns, r. b., (1999). ‘simply no worse and simply no better’ may simply be wrong: a critique of veenman’s conclusion about multigrade classes. review of educational research 66(3), 307322. maxwell, t.w., (2002). international in-service collaboration. the bhutanese multigrade attachment program. asia-pacific journal of teacher education, 29(3), 289-296. mcewan, p. (2001). the effectiveness of multigrade schools in columbia. international journal of educational development, 18(6), 435-452. mendenhall m, dryden-peterson s, bartlett l, ndirangu c, imonje r, gakunga d. (2015). quality education for refugees in kenya: pedagogy in urban nairobi and kakuma refugee camp settings. inter-agency network for education in emergencies. https:// archi ve. nyu. edu/handle/ 2451/ 39669 norwegian refugee council. (2021). documentation for education: addressing documentation requirements for displaced children and youth to access education. https://www.nrc.no/globalassets/ pdf/briefing-notes/documentation-for-education/ documentation-for-education---english.pdf o’sullivan, m., (2004). the reconceptualisation of learner-centred approaches: a namibian case study. international journal of educational development, 24(6), 585–602. patiadino j. m. (2008), identifying a theoretical perspective to meet the educational needs of twicemigrated sudanese refugees. journal of ethnographic & qualitative research, 2. 197-204 rubenstein, j. f. (2013). exploring the challenges of refugee camp education: kakuma and buduburam refugee camp. https://core.ac.uk/download/215321293.pdf schweisfurth, m. (2013). learner-centered education in international perspective: whose pedagogy for whose development? london and new york: routledge. seker, b., & sirkeci, i. (2015). challenges for refugee children at school in eastern turkey. economics & sociology, 8(4). sharif, i. (2020). the applicability of learner-centered education in refugee settings: the syrian refugee teachers’ case study. global education review, 7(4), 7492. sheppard, bede. 2022. it’s time to expand the right to education. nordic journal of human rights. 40, 96–117. taddele, m (2017). causes, dynamics, and consequences of internal displacement in ethiopia. german institute for international and security affairs, berlin. tesfaye, m. (2011). rights in displaced situations: challenges and prospects for the enforcement of reproductive rights of refugee women and girls in ethiopia. addis ababa university. tomasevski, k. (2001). human rights obligations: making education available, accessible, acceptable and adaptable. right to education primers number 3. thompson, p. (2013). learner-centred education and cultural translation. international journal of educational development, 33, 48–58. tunc, a. s. (2015). refugee behaviour and its social effects: an assessment of syrians in turkey. turkish journal of tesam academy, 2(2), 29-63. unesco (2015). education for all 2000-2015: achievements and challenges. efa global monitoring report. france: unesco. unhcr (2023). syria refugee crisis explained. ttps:// www.unrefugees.org/news/syria-refugee-crisisexplained/ unhcr (2023). africa. https://www.unhcr.org/aboutunhcr/where-we-work/africa unhcr (2023). global appeal 2023. https://reporting. unhcr.org/globalappeal2023/pdf unhcr. 2022a. all inclusive: the campaign for refugee education. 6–7. https://www.unhcr.org/631ef5a84/ unhcr-education-report-2022-inclusive-campaignrefugee-education unhcr. (2022b). more than 100 million people are forcibly displaced. https://www.unhcr.org/re fugeestatistics/insights/explainers/100-million-forciblydisplaced.html unhcr. (2018). protection of refugee children in the middle east and north of africa. unhcr middle east and north africa bureau. unhcr. (2016). missing out: refugee education in crisis. http://www.unhcr.org unhcr. (1992). an introduction to the international protection of refugees. https://journals.e-palli.com/home/index.php/ajsl pa ge 15 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 2(2) 6-15, 2023 unicef. (2017). a child is a child: protecting children on the move from violence, abuse and exploitation. https://www.unicef.org/publications/index_95956. html uzun, e. m., & butun, e. (2016). teachers views about the problems syrian refugee children at pre-school education institution. international journal of early childhood education. studies, 1(1), 72-83. veenman, s. (1995). cognitive and noncognitive effects of multigrade and multi-age classes: a best-evidence synthesis. review of educational research, 65(4), 319–318. vavrus, f. (2009). the cultural politics of constructivist pedagogies: teacher education reform in the united republic of tanzania. international journal of educational development. 29(3), 303–311. veenman, s. (1996). effects of multigrade and multigrade classes reconsidered. review of educational research. 66(3), 323 –380. vogel, d. and stock, e. (2017). opportunities and hope through education : how german schools include refugees. education international. http://www.fb12. uni-bremen.de/fileadmin/arbeitsgebiete/interkult/ vogel/17_vogel_stock_refugee_schools_germany. pdf watkins, k. & zyck, s. a. (2014). living on hope, hoping for education: the failed response to the syrian refugee crisis. uk: o zoa (2009) annual report (2009). promoting inclusive education. thailand: zoa refugee care https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 9 american journal of society and law personal income tax in nigerian fiscal federalism: matters arising idachaba martins ajogwu1* volume 1 issue 1, year 2022 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: september 18, 2022 accepted: november 10, 2022 published: november 20, 2022 fiscal federalism is a by-product of federalism. federalism is a political concept in which power to govern is shared between national and sub-national governments creating what is often called a federation. federalism is a political concept in which the power to govern is shared between federal, states and local governments, creating what is often called a federation. fiscal federalism is characterized by fiscal relations between central and lower levels of government. the progression in taxation in nigeria is from personal income tax to taxation on other sources such as petroleum, companies etc. personal income tax act identifies taxable persons, chargeable incomes, determines assessable income and tax that income. the act also determines the residence of the tax payer for the purpose of payment and or collection of personal income tax. this paper contains primary and secondary sourced materials, such as laws, statutes, and other resource materials. this paper revealed the aspect of personal income that raises concerns on the ownership of funds collected by state governments through the state boards of internal revenue under personal income tax regime. though it is argued by some school of thought that the rules of agency suggest that an agent acting under a delegated authority cannot be heard contesting the subject matter of agency with the principal. however, due to the combined provisions of sections 80(1), 120(1) and 163 of the constitution which direct that the personal income tax collected by the state government be paid into the consolidated revenue fund of the state and used for the benefit of the state lay to rest the issue of ownership of the personal income tax collected by the state government. keywords fiscal federalism, constitution, income tax, government 1 faculty of law, kogi state university, anyigba, nigeria * corresponding author’s e-mail: idachabamartins1@gmail.com introduction in nigeria there is a constitutional duty to pay tax by every taxable adult and this duty gives corresponding rights to every taxpayers. such rights as right to life, right to dignity of human person, right to personal liberty, right to private and family life, right to freedom from discrimination (constitution chapter, 2011) and so on are intrinsically available to nigerian taxpayers. it is against this background that we shall be considering the importance of tax and related matters within the nigerian economy. the government of nigeria, like other countries in different parts of the world, has legislative powers to impose on its citizens, any form of tax and whatever amount it deems appropriate. tax, like most legal concepts, is not amenable to a single or universally accepted definition. there are as many definitions of the word as there are scholars who define the subject from their own perspectives. for the purpose of this paper, definitions proffered by judicial decisions, policy document, learned authors and would be considered. tax has been defined in the australian case of mathews v chicory marketing board (s a ateiza,2008) as: a compulsory exaction of money by a public authority for public purposes, or taxation is raising money for the purpose of government by means of contribution from individual persons. ola defined tax as the demand made by the government of a country for the compulsory payment of money by the citizens of a country (c s ola, 2001) adam smith did not define tax, but rather described it in his treatise where he brought to the fore the characteristics of tax (a smith, 1776). in his maxims relating to taxes, he stated that the subjects of every state ought to contribute towards the support of the government as nearly as possible, in proportion to the revenue which they respectively enjoy under the protection of the state. he identified the characteristics of a good tax to include: certainty, equity, neutrality and administrative efficiency. from smiths description, it can be deduced that tax, though a compulsory contribution made by persons in support of government, is proportionate. in the perception of agbonika, tax is an obligatory levy exacted by government on eligible persons, goods or activities for particular purposes which may be expressed or implied in the interest of the nation (j a a agbonika, 2015). it is easily deduced from the definition that taxes are not paid by everybody, the taxpayer must be eligible and it is not the entirety of a person’s earned income that is assessed to tax, it is the residue, that is, what remains after all the statutory deductions, allowances and incentives have been subtracted that is assessed for the purpose of tax. the 2017 revised national tax policy succinctly defines tax as any compulsory payment to government imposed by law without direct benefit or return of value or a service whether it is called a tax or not is apt.(the national tax policy document). the absence of direct benefit qui pro quo should not lead to a wrong conclusion that government could collect taxes and careless about the taxpayers or society. such an attitude will be most unfortunate and may precipitate civil unrest. there is https://journals.e-palli.com/home/index.php/ajsl mailto:idachabamartins1@gmail.com pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 an underpinning principle in furtherance of the social contract theory (j j rousseau, 2020), that tax revenue is supposed to be utilized for the provision of social services and development of the society; which nigerian parlance includes the advancement of the provisions of the fundamental objectives and directive principles of state policy(constitution, chapter, 1999) personal income tax personal income tax (pit) is a tax imposed on individuals or entities that varies with respective income or profits. income tax generally is computed as the product taxable income (h peter, 2001). taxation rates may vary in type depending on the taxpayer. the tax rate may increase as taxable income increases. the tax imposed on companies is usually known as corporate tax and is levied at a flat rate of 30% subject to some exceptions as introduced under the 2019 and 2020 finance act. most jurisdictions exempt locally organized charitable organizations from tax. capital gains may be taxed at different rates than other income. credits of various sorts may be allowed that reduce tax. some jurisdictions impose the higher of an income tax or a tax on an alternative base or measure of income. most jurisdictions require self-assessment of the tax and payers of some types of income to withhold tax from those payments. advance payments of tax by taxpayers may be required. taxpayers not timely paying tax owed are generally subject to significant penalties, which may include jail for individuals or revocation of an entity’s legal existence. the concept of taxing income is a modern innovation and presupposes several things: a money economy, reasonably accurate accounts, a common understanding of receipts, expenses and profits, and an orderly society with reliable records. for most of the history of civilization, these preconditions did not exist, and taxes were based on other factors. taxes on wealth, social position, and ownership of the means of production (typically land and slaves) were all common. practices such as tithing, or an offering of first fruits, existed from ancient times, and can be regarded as a precursor of the income tax, but they lacked precision and certainly were not based on a concept of net increase (i. a. ayua,1996). the first income tax payment was recorded in egypt(a .sanni, 2019). in the early days of the roman republic, public taxes consisted of modest assessments on owned wealth and property. the tax rate under normal circumstances was 1% and sometimes would climb as high as 3% in situations such as war. these modest taxes were levied against land, homes and other real estate, slaves, animals, personal items and monetary wealth. the more a person had in property, the more tax they paid. taxes were collected from individuals. in the year 10 ad, emperor wang mang of the xin dynasty recorded an unprecedented income tax, at the rate of 10 percent of profits, for professionals and skilled labor. he was overthrown 13 years later in 23 ad and earlier policies were restored during the re-established han dynasty which followed. one of the first recorded taxes on income was the saladin tithe introduced by henry ii in 1188 to raise money for the third crusade. the tithe demanded that each layperson in england and wales be taxed one tenth of their personal income and moveable property. the inception date of the modern income tax is typically accepted as 1799, at the suggestion of henry beeke, the future dean of bristol(clark, 2019). this income tax was introduced into great britain by prime minister william pitt the younger in his budget of december 1798, to pay for weapons and equipment for the french revolutionary war. pitt’s new graduated (progressive) income tax began at a levy of 2 old pence in the pound (1/120) on incomes over £60 (equivalent to £6,200 in 2018) and increased up to a maximum of 2 shillings in the pound (10%) on incomes of over £200. pitt hoped that the new income tax would raise £10 million a year, but actual receipts for 1799 totalled only a little over £6 million.( ,2019) pitt’s income tax was levied from 1799 to 1802, when it was abolished by henry addington during the peace of amiens. addington had taken over as prime minister in 1801, after pitt’s resignation over catholic emancipation. the income tax was reintroduced by addington in 1803 when hostilities with france recommenced, but it was again abolished in 1816, one year after the battle of waterloo. opponents of the tax, who thought it should only be used to finance wars, wanted all records of the tax destroyed along with its repeal. records were publicly burned by the chancellor of the exchequer, but copies were retained in the basement of the tax court (c. adams, 2003). in the united kingdom of great britain and ireland, income tax was reintroduced by sir robert peel by the income tax act 1842. peel, as a conservative, had opposed income tax in the 1841 general election, but a growing budget deficit required a new source of funds. the new income tax, based on addington’s model, was imposed on incomes above £150 (equivalent to £13,870 in 2018) (a b steven, 2011). although this measure was initially intended to be temporary, it soon became a fixture of the british taxation system. a committee was formed in 1851 under joseph hume to investigate the matter, but failed to reach a clear recommendation. despite the vociferous objection, william gladstone, chancellor of the exchequer from 1852, kept the progressive income tax, and extended it to cover the costs of the crimean war. by the 1860s, the progressive tax had become a grudgingly accepted element of the english fiscal system. the united state (us) federal government imposed the first personal income tax on august 5, 1861, to help pay for its war effort in the american civil war (3% of all incomes over us$800) (equivalent to $22,300 in 2018) (s pollack, 2016). this tax was repealed and replaced by another income tax in 1862. it was only in 1894 that the first peacetime income tax was passed through the wilsongorman tariff. the rate was 2% on income over $4000 https://journals.e-palli.com/home/index.php/ajsl pa ge 11 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 (equivalent to $116,000 in 2018), which meant fewer than 10% of households would pay any (s. pollack, 2014). the purpose of the income tax was to make up for revenue that would be lost by tariff reductions. the us supreme court ruled that the income tax was unconstitutional, the 10th amendment forbids any power not expressed in the us constitution, and there being no power to impose any other than a direct tax by apportionment. in 1913, the sixteenth amendment to the united states constitution made the income tax a permanent fixture in the u.s. tax system. in fiscal year 1918, annual internal revenue collections for the first time passed the billiondollar mark, rising to $5.4 billion by 1920 (a. young, 2007). the amount of income collected via income tax has varied dramatically, from 1% in the early days of us income tax to taxation rates of over 90% during world war 2. while tax rules vary widely, there are certain basic principles common to most income tax systems around the world, whether in china, canada, germany, united kingdom and so on. individuals are often taxed at different rates than corporations. individuals include only human beings. tax systems in countries other than the united state of america treat an entity as a corporation only if it is legally organized as a corporation. estates and trusts are usually subject to special tax provisions. other taxable entities are generally treated as partnerships. in the us, many kinds of entities may elect to be treated as a corporation or a partnership. partners of partnerships are treated as having income, deductions, and credits equal to their shares of such partnership items. separate taxes are assessed against each taxpayer meeting certain minimum criteria. many systems allow married individuals to request joint assessment. many systems allow controlled groups of locally organized corporations to be jointly assessed. tax rates vary widely. some systems impose higher rates on higher amounts of income. example: elbonia taxes income below e.10, 000 at 20% and other income at 30%. tax rates schedules may vary for individuals based on marital status (p. thomas, 2018). residents are generally taxed differently from non-residents. few jurisdictions tax non-residents other than on specific types of income earned within the jurisdiction. a very few countries (notably singapore and hong kong) tax residents only on income earned in or remitted to the country. residence is often defined for individuals as presence in the country for more than 183 days. most countries base residence of entities on either place of organization or place of management and control. the united kingdom has three levels of residence. most systems define income subject to tax broadly for residents, but tax non-residents only on specific types of income. what is included in income for individuals may differ from what is included for entities. the timing of recognizing income may differ by type of taxpayer or type of income. income generally includes most types of receipts that enrich the taxpayer, including compensation for services, gain from sale of goods or other property, interest, dividends, rents, royalties, annuities, pensions, and all manner of other items (r. chun, 2019). many systems exclude from income part or all of superannuation or other national retirement plan payments. most tax systems exclude from income health care benefits provided by employers or under national insurance systems. only net income from business activities, whether conducted by individuals or entities is taxable, with few exceptions. many countries require business enterprises to prepare financial statements which must be audited. tax systems in those countries often define taxable income as income per those financial statements with few, if any, adjustments. a few jurisdictions compute net income as a fixed percentage of gross revenues for some types of businesses, particularly branches of non-residents. nearly all systems permit residents a credit for income taxes paid to other jurisdictions of the same sort. thus, a credit is allowed at the national level for income taxes paid to other countries. many income tax systems permit other credits of various sorts, and such credits are often unique to the jurisdiction. some jurisdictions, particularly the united states and many of its states and switzerland, impose the higher of regular income tax or an alternative tax. switzerland and u.s. states generally impose such tax only on corporations and base it on capital or a similar measure. personal income tax is generally collected in one of two ways: through withholding of tax at source and/ or through payments directly by taxpayers. nearly all jurisdictions require those paying employees or nonresidents to withhold income tax from such payments. the amount to be withheld is a fixed percentage where the tax itself is at a fixed rate. alternatively, the amount to be withheld may be determined by the tax administration of the country or by the payer using formulae provided by the tax administration. payees are generally required to provide to the payer or the government the information needed to make the determinations. withholding for employees is often referred to as ‘pay as you earn’ (paye) or ‘pay as you go’. income taxes of workers are often collected by employers under a withholding or pay-as-you-earn tax system. such collections are not necessarily final amounts of tax, as the worker may be required to aggregate wage income with other income and/or deductions to determine actual tax. calculation of the tax to be withheld may be done by the government or by employers based on withholding allowances or formulae. nearly all systems require those whose proper tax is not fully settled through withholding to self-assess tax and make payments prior to or with final determination of the tax. self-assessment means the taxpayer must make a computation of tax and submit it to the government. some countries provide a pre-computed estimate to taxpayers, which the taxpayer can correct as necessary. the proportion of people who pay their income taxes in full, on time, and voluntarily (that is, without being https://journals.e-palli.com/home/index.php/ajsl pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 fined or ordered to pay more by the government) is called the voluntary compliance rate (a. bernasek, 2010). the voluntary compliance rate is higher in the us than in countries like germany or italy. in countries with a sizeable black market, the voluntary compliance rate is very low and may be impossible to properly calculate. personal income taxes are separately imposed by subnational jurisdictions in several countries with federal systems. these include canada, germany, switzerland, nigeria and the united states, where provinces, cantons, or states impose separate taxes. in a few countries, cities also impose income taxes. the system may be integrated (as in germany) with taxes collected at the federal level. in quebec and the united states, federal and state systems are independently administered and have differences in determination of taxable income. retirement oriented taxes, such as social security or national insurance, also are a type of income tax, though not generally referred to as such. in the us, these taxes generally are imposed at a fixed rate on wages or self-employment earnings up to a maximum amount per year. the tax may be imposed on the employer, the employee, or both, at the same or different rates. tax avoidance strategies and loopholes tend to emerge within income tax codes. they get created when taxpayers find legal methods to avoid paying taxes. lawmakers then attempt to close the loopholes with additional legislation. that leads to a vicious cycle of ever more complex avoidance strategies and legislationj. (a. pechman, 1974). the vicious cycle tends to benefit large corporations and wealthy individuals that can afford the professional fees that come with ever more sophisticated tax planning, thus challenging the notion that even a marginal income tax system can be properly called progressive. the higher costs to labour and capital imposed by income tax causes deadweight loss in an economy, being the loss of economic activity from people deciding not to invest capital or use time productively because of the burden that tax would impose on those activities. there is also a loss from individuals and professional advisors devoting time to tax-avoiding behaviour instead of economicallyproductive activities. income taxes are used in most countries around the world. the tax systems vary greatly and can be progressive, proportional, or regressive, depending on the type of tax. comparison of tax rates around the world is a difficult and somewhat subjective enterprise. tax laws in most countries are extremely complex, and tax burden falls differently on different groups in each country and sub-national unit. services provided by governments in return for taxation also vary, making comparisons all the more difficult. countries that tax income generally use one of two systems: territorial or residential. in the territorial system, only local income – income from a source inside the country – is taxed. in the residential system, residents of the country are taxed on their worldwide (local and foreign) income, while nonresidents are taxed only on their local income. in addition, a very small number of countries, notably the united states, also tax their nonresident citizens on worldwide income. countries with a residential system of taxation usually allow deductions or credits for the tax that residents already pay to other countries on their foreign income. many countries also sign tax treaties with each other to eliminate or reduce double taxation. countries do not necessarily use the same system of taxation for individuals and corporations. for example, france uses a residential system for individuals but a territorial system for corporations (h. l. a. hart., 1961) while singapore does the opposite, and brunei taxes corporate but not personal income. fiscal federalism fiscal federalism denotes an inter-governmental fiscal relation defining functions and responsibilities among the various tiers of government as well as the financial resources to achieve stated objectives (r ajibola, 2008). it is a term used to describe a system of government in which the fiscal responsibilities rest with the various tiers of government in the country. in nigeria, for instance, the federal, state and local governments have the joint responsibility of generating and expending revenue to carry on government responsibilities. fiscal federalism therefore relates to the division of tax income and functional responsibilities among the various tiers of government in a federal state. it follows, therefore, that both states and federal authorities in a federation must be given the constitutional power, each to have access to and power to control its own financial resources; each must have power to tax and to borrow for the financing of its own services by itself (a. ferrara, 2010). hilman had argued that in a federal system of government, there is allocation of taxing power, federally collectable revenue and federal expenditure to the different level/ components of government in a federation so as to enable them discharge their constitutionally assigned functions and responsibilities to their citizens. he added that in most federations, the taxes of citizens (corporate and biological) constitute the major items that go into the common purse of the federation (a. l. hillman, 2003). in view of the underlying imperatives of fiscal federalism, gruber jonathan maintained that the principle of fiscal autonomy and fiscal integrity is a sine qua non for the survival and continued existence of a truly federal system of government. he advocated that each level of government federal, state and local must necessarily have a minimum source of independent revenue and full control of such revenues in order to enable it discharge its constitutional responsibilities (j gruber, 2010). as a matter of the fact, the greater the fiscal independence through internally generated revenue amongst the component states, the stronger the foundation of its federal system and the greater the chances of the survival and continued existence of the federation. it is therefore essential that each unit of the government in the federation must not only have identifiable independent https://journals.e-palli.com/home/index.php/ajsl pa ge 13 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 sources of revenue, but that such independent sources should to a large extent, provide a solid base for its revenue needs and economic potentialities. fiscal federalism is concerned with understanding which functions and instruments are best centralized and which is best placed in the sphere of decentralized levels of government (w. e. oates, 1999). in other words, it is the study of how competencies (expenditure side) and fiscal instruments (revenue side) are allocated across different (vertical) layers of the government. an important part of its subject matter is the system of transfer of payments or grants by which a central government shares its revenues with lower levels of government (j e stiglitz, 1999). federal governments use this power to enforce national rules and standards. there are two primary types of transfers, conditional and unconditional. a conditional transfer from a federal body to a province, or other territory, involves a certain set of conditions. if the lower level of government is to receive this type of transfer, it must agree to the spending instructions of the federal government. an example of this would be the canada health transfer. (j. p. faguet & c. poschl, 2015) an unconditional grant is usually a cash or tax point transfer, with no spending instructions. an example of this would be a federal equalization transfer. this may be noted that the concept of fiscal federalism is relevant for all kinds of government: unitary, federal and confederal (c. k. sharma, 2009). the concept of fiscal federalism is not to be associated with fiscal decentralization in officially declared federations only; it is applicable even to non-federal states (having no formal federal constitutional arrangement) in the sense that they encompass different levels of government which have de facto decision-making authority. this, however, does not mean that all forms of governments are ‘fiscally’ federal; only that ‘fiscal federalism’ is a set of principles that can be applied to all countries attempting ‘fiscal decentralization’. in fact, fiscal federalism is a general normative framework for assignment of functions to the different levels of government and appropriate fiscal instruments for carrying out these functions. governor of rivers state of nigeria, ezenwo nyesom wike said that he believes true fiscal federalism will strengthen the economy of nigeria as all sections will develop based on their comparative advantages (o donatus, 2019). agbonika and agbonika, 2015 clarifies that while “fiscal federalism constitutes a set of guiding principles, a guiding concept” that helps in designing financial relations between the national and sub-national levels of government, fiscal decentralization on the other hand is a process of applying such principles. federal and non-federal countries differ in the manner in which such principles are applied. application differs because unitary and federal governments differ in their political and legislative context and thus provide different opportunities for fiscal decentralization. the concepts of fiscal federalism are related to vertical and horizontal fiscal relations. the notions related to horizontal fiscal relations are related to regional imbalances and horizontal competition. similarly, the notions related to fiscal relations are related to vertical fiscal imbalance between the two senior levels of government, which is the centre and the states/provinces. while the concept of horizontal fiscal imbalance is relatively non controversial, the concept of vertical fiscal imbalance is quite controversial. vertical fiscal imbalance (vfi) is conceptually distinct from the notion of vertical fiscal gap (vfg) (r. bahl & r. bird, 2008). various activities of the government are undertaken at different levels. federal government redistributes the income to lower levels of government using tools that are called allocation or grant as the case may be. it does so because of several reasons. local governments have often better information about preferences of local people and costs. another reason is that the federal government may try to offer states and localities incentives to undertake additional spending, from which will benefit also neighboring communities or the whole country. the composition of federal grants in the united state of america (usa) has changed significantly over the past 50 years. nowadays, federal grants for health programs represent 65 percent of the total amount of money distributed by federal grants, compared with less than 20 percent in 1980 (j. p. faguet & c. poschl, 2015). a number of constraints and challenges both within and outside the fiscal system are part of the problems that must be solved in order to achieve an effective fiscal system. the challenge to effective fiscal federalism can be identified to include the problem of external debt overcharge, macro-economic instability, distresses in domestic financial system, lack of political stability and above all, bad leadership or leadership ineffectiveness. the external indebtedness of the country and inability to meet external debt service obligations had been a major constraint to fresh flow of foreign investment into the country, while the distress in the domestic banking system also constitutes a distinctive to the much needed growth in private savings and investments. this is further complicated by the high level of inflation experienced during the review period. high inflation is destructive to private savings as it continuously increases the share of disposable income of consumption. it has been observed also that rapid growth and development cannot be achieved in an environment of political and social instability. political stability implies an orderly system for a change of government. the absence of an orderly system and dedicated leadership is a great challenge to the operation of an effective fiscal system needed to support economic growth. the challenge is formidable because it is the leadership that would dictate the pattern and direction of fiscal engineering. in view of the foregoing points, ajibola identified the following as the major challenges of fiscal federalism in nigeria: i.the major problem could be seen in the mismatch https://journals.e-palli.com/home/index.php/ajsl pa ge 14 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 between revenue sources and functions of the various tiers of government. the revenue allocated to the lower tiers of government is lower in comparison to the enormous duties expected of them. this has actually influenced meaningful infrastructural development in the country. ii. frequent change in government and incessant military coups reduce the operations and effectiveness of fiscal federalism. this is because during military intervention, constitution is usually suspended in favour of decrees and edicts. in this situation, the principles of fiscal federalism were affected and this in turn affected development in the country, especially within the state and local government areas. iii. dwindling revenue due to reduction in the country’s export and fluctuations in the prices of the nation’s commodities in the international commodity market are among the challenges of the fiscal federalism in nigeria. iv. economic and financial mismanagement which is reflected in corruption and financial impropriety of government functionaries have actually affected development in nigeria especially where leaders in the country are corrupt and self centered. v. the sharing of federal revenue reflects political applications rather than economic consideration. rapid increase in fiscal unit thereby reduces the funds allocated to each state and local government in the country. the federal government controls all the major sources of revenue like import and excise duties, mining, rents and royalties, petroleum sales tax, petroleum profit tax and companies income tax among other revenues sources. state and local government taxes are minimal, hence this limits their ability to raise independent revenue and so they depend solely on allocation from the federation account (e. g. emenuga, 2010). much of the revenue collected by the federal government and distributed among the different tiers of government using the vertical revenue allocation formula is from the federation account. but it is our view that the federal government exercises too much control over its distribution. so many deductions are made from the total revenue collected before the rest is distributed according to the sharing formula. matters arising the significant aspect of personal income that raises matters bothers on the ownership of funds collected by state governments through the state boards of internal revenue under personal income tax regime. the personal income tax act being a federal legislation delegates collection to states. where does the money so collected go to? can states use the money without authorization of their principal i.e the federal government? there are two major positions on the above controversy. the first group is of the view that the federal government being the initiator of the pita through section 4 of the constitution owns the money collected under pita by the states and can, at best, give state governments a percentage of the collection pending division of money from the federation account (constitution chapter, 2011). the second group says that personal income tax is residence-based and belongs to collecting states even though they were acting as delegates of the federal government. to resolve the controversy, there is need to consider the clear provisions of the constitution and the personal income tax act. there seem to be two separate consolidated revenue funds one being for the federation and the other for the states (constitution chapter, 2011). section 80(1) of the 1999 constitution provides that: all revenues or other moneys raised or received by the federation (not being revenues or other moneys payable under this constitution or any act of the national assembly into any other public fund of the federation established for a specific purpose) shall be paid into and form one consolidated revenue fund of the federation. while section 120(1) of the constitution provides that: all revenues or other moneys raised or received by the state (not being revenues or other moneys payable under this constitution or any law of a house of assembly into any other public fund of the state established for a specific purpose) shall be aid into and formone consolidated revenue fund of the state. it can be seen from the two provisions above that the constitution creates two special accounts for money or funds made and earned by the federal and state governments. while section 80(1) is in respect to the federal government, section 120(1) applies to revenue made by the state government. this consolidated revenue fund is different from the federation account (constitution chapter, 2011) and state joint local government account. the federation account is a special account which all revenues collected by the government of the federation are paid into, except the proceeds from the personal income tax collected by the federal inland revenue service. the state joint local government account on the other hand is a special account which all allocations to the local government councils of the state from the federation account and from the government of the state are paid into i.e excluding the proceeds or revenue internally generated by the state. whereas funds in the consolidated revenue fund of the federation exclusively belongs to the federation and is administered by the national assembly to meet the administrative and other needs of the federal government and its agencies as they deem fit, funds in consolidated revenue fund of the states belong to the state and is similarly utilized by the state, under the exclusive appropriation of the state house of assembly, to meet its needs. save for taxes collected from personnel of the armed forces, nigeria police, ministry or department of government charged with foreign affairs and the residents of federal capital territory which by operation of sections 80 and 162 of the constitution go into the consolidated revenue fund of the federation https://journals.e-palli.com/home/index.php/ajsl pa ge 15 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 and by implication belongs to the federal government, the rest enter the federation account en route to its final destination which is the consolidated revenue fund of the states. section 163 of the constitution was apt when it stated: where under an act of the national assembly, a tax or duty is imposed in respect of any of the items listed in item d part ii of the second schedule to this constitution (i.e to say incomes or profits from persons other than companies/personal income tax, etc) the net proceeds of such tax shall be distributed amongst states on the bases of derivation and accordingly(a)where such tax or duty is collected by the government of a state or other authority of the state, the net proceeds shall be treated as part of the consolidated revenue fund of that state. (b)where such tax or duty is collected by the government of the federation or other authority of the federation, there shall be paid to each state at such time the national assembly may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that are derived from the state therefore, it can be seen that the federal government is not a beneficiary of the personal income tax collected by the state government. this is due to the combined provisions of sections 80(1), 120(1) and 163 of the constitution which direct that the personal income tax collected by the state government be paid into the consolidated revenue fund of the state and used for the benefit of the state. distribution of state generated revenue with respect to the means of distribution of the revenue generated or collected by the state board of internal revenue under the personal income tax regime, section 163 of the constitution, the net proceeds of such tax or duty collected shall be distributed among the states on the basis of derivation. the supreme court in attorney-general of the federation v. attorney-general of abia state & ors. (no.2) has interpreted this to mean that whatever net revenue is collected from any state by the government of the federation must be paid back to that state. the said section states aptly that: where under an act of the national assembly, tax or duty is imposed in respect of any of the matters specified in item d of part ii of the second schedule to this constitution, the net proceeds of such tax or duty shall be distributed among the states on the basis of derivation. it is imperative to note that the net proceed is the whole amount collected as personal income tax minus the collection cost. this was made clear by section 165 of the constitution which enjoins the state to pay to the federation an amount equal to such part of the expenditure incurred by the federation for the purpose of collection of taxes or duty which is wholly or partly payable to the states pursuant to the provision of the constitution. the rate of this collection cost is put at 5% by virtue of the proviso to section 88(1) (b) of the personal income tax act. furthermore, where a tax or duty is collected by the government of a state or other authority of the state, the net proceeds shall be treated as part of the consolidated revenue fund of that state for the purposes distribution of the net proceeds. but where such tax or duty is collected by the government of the federation, there shall be paid to each state at such times as the national assembly may prescribe a sum equal to the proportion of the net proceeds of such tax or duty that are derived from the state. personal income tax is an area that raises concerns of administration especially since the legislating federal authority only delegate power of collection to the state authorities. the usual rules of agency suggest that an agent acting under a delegated authority cannot be heard contesting the subject matter of agency with the principal. it is therefore the constitutional responsibility of the national assembly to make tax laws or amend existing laws as provided in the second schedule to the constitution, and as may be required under section 4 of the constitution so that each level of government can impose tax in respect of any of the items that it has power to legislate upon. conclusion fiscal federalism is all about the allocation of taxing powers and expenditures between the three tiers of government i.e the federal, state and local government. but a close look at the provisions of section 2(1) of the 1999 cfrn as amended provides that nigeria is a federation consisting of the states and the federal capital territory. taxing powers operates at two broad levels; the level of imposition by legislation and collection. from the combined statutory provisions considered above, it is apparent that the federal government is not a beneficiary of the personal income tax collected by the state government. this is due to the combined provisions of sections 80(1), 120(1) and 163 of the constitution which direct that the personal income tax collected by the state government be paid into the consolidated revenue fund of the state and used for the benefit of the state. references a smith,wealth of nations.book v chapter ii part ii, (new york :macmillan and co., 1776), 261. a. sanni, (september 24, 2019). a history of taxation, at http://www.taxworld.org/history/taxhistory,html a. young, (january 24, 2007). retrieved from the origin of the income tax. ludwig von mises institute. a. bernasek, (march 7, 2010). retrieved from should tax bills be public information?. the new york times. a. ferrara, (2010), cost-benefit analysis of multi-level government: the case of eu cohesion policy and us federal investment policies, (london and new york: routledge publishers, 2010), 234 a. l. hillman, (2003). public finance and public policy, 2nd edition (new york: cambridge university press, https://journals.e-palli.com/home/index.php/ajsl pa ge 16 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 9-16, 2022 2010), 728. a. b steven, (2011). anglo-american corporate taxation: tracing the common roots of divergent approaches (cambridge: cambridge university press). 28–29. constitution of the federal republic of nigeria, (1999), (as amended), chapter 4. c. adams, (2003). those dirty rotten taxes, (new york: the free press, 45. c. k. sharma, (2009). when does decentralization deliver? the dilemma of design, south asian journal of socio-political studies, 38-45. e. g. emenuga, (2010). the search for an acceptable revenue allocation formula: the national question and economic development, (ibadan: heinemann books, 2010), 67. h. l. a. hart, (1961). the concept of law, culled from whitehouse c., revenue law and practice, 13th edition, (butterworth’s, dublin & edinburg, 1995), 6. h peter, (2001). income tax in common law jurisdictions: from the origins to 1820,1, 34. hm revenue & customs. archived from the original on july 24, 2010. accessed september 24, 2019. i. a. ayua, (1996). the nigerian tax law. lagos: spectrum’s law publishing. j a a agbonika, (2015). problems of personal income tax in nigeria, (ibadan: ababa press ltd.). j j rousseau, (march 1, 2020). the social contract available at https://www.ucc.ie/archive/hdsp/rousseaau_ contract-social. j. a. pechman (1974). who bears the tax burden? the brooking institutions washington d.c., 11. j. gruber, (2010). public finance and public policy, 4th edition (new york: worth publishers, 2010), 269-271. j. e. stiglitz, (1999). economics of the public sector. (new york, london: w.w. norton & company, 1999), 733–734. j. p. faguet and c poschl, (2015). is decentralization good for development? perspectives for academics and policymakers. (oxford: oxford university press, 2015), 92. j. a. agbonika & j. a. a. agbonika, (2015). fiscal federalism and the challenges of administration of personal income tax in nigeria’, in j a a agbonika, topical issues on nigerian tax laws and related areas (ibadan: ababa press ltd., 2015), 416. j. a. a anyoade, (1998). the federal character principle and the search for national integration being a chapter in federalism and political restructuring in nigeria, a kunle, (ed.) ibadan, 1988, 10. o. donatus, (2019). strengthening fiscal federalism in nigeria, the graphic (lokoja), 76 p. thomas, (2018). top incomes in france in the twentieth century inequality and redistribution, 1901–1998. r. chun, (march 3, 2019) . retrieved from why americans don’t cheat on their taxes. the atlantic. r ajibola, (2008), public finance: principles and practice, (lagos: avl publishing, 2015), 87. r. bahl & r. bird, (2008). sub-national taxes in developing countries: the way forward, public budgeting & finance, 2008, 28, 1-25 s a ateiza, (2008). ‘an assessment of the nigerian tax system and taxing powers’. kogi state university anyigba. journal of commercial and industrial law faculty of law, 1(1), 128. s. pollack, (2016). ‘(pdf). university of delaware. s pollack, (2014). the first national income tax, 1861-1872 (pdf), university of delware the national tax policy document, chapter 2 at 205. uk retail price index inflation figures are based on data from clark, gregory (2017). measuring worth. retrieved 27th january, 2019. w. e. oates, (1999). an essay on fiscal federalism, journal of economic literature, 98. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 1 american journal of society and law ( ajsl) the legal system of transactions and the challenges of the metaverse world in accordance with uae law mohammad abdelhafid daej khamaiseh1, karima krim2* volume 3 issue 2, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i2.2985 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: june 09, 2024 accepted: july 12, 2024 published: july 15, 2024 the world has undergone important technological transformations, making commercial transactions move from normal to electronic and linked to the real world. still, the new generation of the internet led to the emergence of the metaverse world, which attracted many companies and governments, including the uae, to pay attention to and invest in it. it is based on the use of blockchain and artificial intelligence. this has affected the commercial activities of companies, as it has made contracts done smartly. its subject will be non-fungible tokens, which is the subject of the study that emphasized the leadership of the uae government and companies in its interest in the technologies of the fourth industrial revolution and the world of metaverse and its legislative exclusivity in regulating virtual assets and encrypted tokens and the intelligent agent, but that remains insufficient to control transactions in the metaverse world. keywords metaverse, blockchain, smart contract 1 abu dhabi university, uae 2 djillali liabes university of sidi bel abbes, algeria * corresponding author’s e-mail: abdelhafedkhamaiseh@outlook.com introduction the world is witnessing several: economic activity has become based on knowledge and e-commerce, social relations are gradually limited to electronic communication connected to the internet, and even political relations and communications are done electronically and remote meetings, and the fourth industrial revolution based on three-dimensional printing and on automated thinking through artificial intelligence and the use of data and information that its size is increasing, with the documentation of transactions and the protection of information from forgery and modification and its documentation through the blockchain. these technologies are being used in the real world in which we live and in independent virtual worlds emerging primarily on social media and video games such as second life, instagram, fortnite, and roblox. they are all metaverses, meaning interconnected virtual environments network of three-dimensional virtual worlds, where humans can interact with others socially and economically with virtual characters. within this world, companies will have an unprecedented ability to exploit the data they collect, especially as the metaverse will be the most appropriate place to develop modern business practices since the spread of the internet(news, 2022). as a pioneer in always encouraging modern technologies and expanding their use, the uae has adopted many strategies for digitization and artificial intelligence(governmentuae). the launch of the dubai metaverse strategy, especially in dubai, seeks to become one of the top 10 metaverse economies(dubaigouvernement). the uae’s initiatives in technology and digitization have been numerous, moving from normal dealings of electronic transactions to regular management to electronic management, and what characterizes the 21st century is the trend toward smart transactions and smart management. this reflects the legislator’s interest in establishing a legislative framework to regulate the use of modern technology related to electronic transactions, confidence services(federaldecree-law no. (46) of 2021, 2021), and commercial, corporate regulators; intellectual and literary property; protecting industrial property rights; combating rumours and electronic crimes. the importance of the study the study has a scientific importance by identifying what is meant by the metaverse world and identifying the most important technologies on which it is based, such as blockchain. legal importance to understand how to deal in the metaverse world and how this world can be set to be within the framework of the law. economic importance virtual assets, non-fungible tokens, and cryptocurrencies will be the objects of future economies and activities that will attract investors and dealers in electronic wallets. problematic as a result of the legislative amendments adopted by the uae, especially in 2021, to suit its orientation towards artificial intelligence, are they considered sufficient legislation to regulate transactions in the metaverse, or must the law be to the requirements of the metaverse world? the methodology and the approved plan will be answered by adopting several approaches: descriptive by pa ge 2 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 1-7, 2024 identifying what the virtual world means, smart contracts, and crypto assets, and analytical by studying the uae legal texts. to study: first: the impact of the metaverse on the activities of companies; second: the specificity of contracts within the metaverse. first section: the impact of the metaverse on the activities of companies technological transformations have affected trade, so the transition from normal trade to electronic commerce, regulated by federal law no. (46) of 2021 on electronic transactions and trust services. the current generation of the internet opens the way for creativity and innovation that links human intervention and the human mind with digital intervention and the artificial mind in metaverse (1.1). the uae and its companies were not far from this technological transformation (1.2). the concept of metaverse the meaning, components, and characteristics of metavers will be identified to determine their effects on commercial transactions in the uae. this is within two main sections: the first definition and the second is for features. the metaverse world the metaverse world is an ambiguous concept, especially from a legal point of view; we need to define and control the moral rules to identify its contribution later to the development of a metaverse law (bensoussan, 2022), it is a space that is still in its infancy but is the main engine of future technologies: • metaverse was first used in neil stevenson’s 1992 science fiction novel snow crash, where humans interact as avatar characters with each other and with software in a three-dimensional virtual space similar to the real world. metaverse in english is a two-pronged term (ar. wikipedia) the first is “meta,” which means “beyond” or “most descriptive,” and the second part, “verse”, is drafted from the word universe, which is intended for “the world,” and the combination of the two words makes the meaning “beyond the world” or “beyond the universe,” a hypothetical reality in which a person is present with other people in digital spaces by adopting a digital revolution that helps them interact even though they are in multiple places (saleh, 2021). • another aspect of jurisprudence considers metaverse one of the most popular names of the world’s beyondtraditional projects, the internet as a whole, including the full range of augmented reality (albabidy, 2021). • the united arab emirates has been interested in augmented reality and metaphors and their definition(governmentuae) (dubaifuturefoundation), according to the gartner foundation, the world of metaphors is a virtual space open to all and arises from the merger of physical and digital reality to create an enhanced virtual environment (agustin, 2024). it is an independent virtual economy that enables digital currencies and non-replaceable symbols (ntfs). it requires using many modern technologies: augmented reality, portable projectors, augmented reality cloud, internet of things, 5g, artificial intelligence, and spatial technologies. augmented reality technology: a technology that integrates the real world with a virtual latest by adding multimedia content, including audio, images, video, information, and animation, is “a technology that integrates the image generated by the computer into the user’s vision of the real world that produces a built-in vision.” characteristics of metaverse the metaverse is a virtual world that was introduced using virtual and augmented reality devices; it enables people to play games, attend parties, shop, attend classes, and do experiments, but in a virtual way. • it is a virtual world parallel to the real world, related to using video games connected to the internet, like the second life platform or the second life, which portrays the user as a symbol in a three-dimensional world that has integrated many social networking sites (albabidy, 2021); and it is a series of virtual worlds, by incorporating digital elements into the physical world to make it more digitized (saleh, 2021) and several generations of the internet (al-sadiq, 2011) from the first to the fourth generation, which employs data and integrates with the internet of things and artificial intelligence. • it is based on modern technologies, such as headsets (headset or wireless), reality glasses boosters, wearable technology, and three-dimensional techniques to create virtual objects. these technologies are constantly developing to make this world more interesting and dynamic (albabidy, 2021), and the user interacts with robots and artificial intelligence. the world of metaverse will allow the user to live the experience; by being an integral part, he will be a digital personality referred to as a non-fungible token(nft). • the areas of use of metaverse are multifaceted with several cons: modern internet-related video games are its first application, portraying the user as a symbol in a three-dimensional world (such as the skind live platform, the minecraft game, the roeblocks game, and the fortnight game); education and learning the most affected by these technologies consequence of the covid-19 pandemic, and the orientation of educational institutions for digitization (saleh, 2021); it is also used in the field of experimental science and medical field; it will also change the profiles of commercial transactions, commercial leakage and entrepreneurship as a whole. uae interest in metaverse and investment in technology and artificial intelligence as a result of the spread of the fifth generation of mobile and the increase of data processing power, especially in the united arab emirates, which, like other gcc countries, is the largest market for virtual reality technologies and equipment, with initiatives to support pa ge 3 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 1-7, 2024 programmers to consolidate the uae’s leadership in technology and innovation (lababidi, 2021). features of the emirati interest in the metaverse this is shown through a set of uae initiatives to enhance its presence in the virtual world, the most important of which can be mentioned as follows: dubai metaverse initiatives by launching the dubai metaverse strategy, the dubai virtual assets authority is the first in the world to establish its headquarters in the metaverse under the name “the sandbox” (alainnews, 2022b). with other initiatives • the global collaborative village, a village in the metaverse world that constitutes a site for work and cooperation(alainnews, 2022a); including the use of the dubai and abu dhabi police for the metaverse; the establishment of the dubai blockchain center; and the metacon dubai; allocation of a portfolio to the minister of state for artificial intelligence digital economy and remote work applications. • dubai virtual assets regulatory authority (dfa) launches the sandbox, the world’s first government regulator to enter the metaverse, reflecting confidence in dfa as part of the integral to the strength of dubai’s economy”(moneim, 2022). • the uae’s adoption of a digital transaction strategy confirms its reliance on blockchain (uaegovernment, 2022) • dubai emirate’s adoption of the blockchain system through the land department (dubai-land, 2017). • the global blockchain council was established by the dubai museum of the future foundation to research and explore current and future applications of innovative technologies (wam.ae) . • the adoption of blockchain-based projects as a vehicle life cycle management project implemented by the dubai road transport authority (rta) (uae government). • issuing legislation regulating the dealing of virtual assets following law no. (4) of 2022 regarding the regulation of virtual assets in the emirate of dubai, which considers blockchain as one of the distributed ledger technologies approved in digital transactions, with the decision of the chairman of the board of directors of the securities and commodities authority no. (23/chairman) of 2020, dated 01-11-2020, regarding regulating crypto asset activities concerned with crypto assets, their producers, dealers, and trading. orientation of the companies in the uae to practice activities within the metaverse the field of this world has not remained limited to team games only. still, it has attracted the attention of major commercial companies, whether specialized in technology or social media: facebook was the first company after the announcement of the transformation of its name and strategy towards the metaverse to become a meta company –announced on 28-10-2021 (roose, 2021); (zakaria, 2021) and microsoft bought activing in games intending to provide the foundation stone for the metaverse, and in 2021 it launched the world’s technology in one room microsoft mesh after launching microsoft teams (albabidy, 2021), and major commercial companies have reserved for themselves and their brands a place in this space, such as nike and adidas (bensoussan, 2022). emirati companies were not far from such interest (albabidy, 2021) • damac properties: which first focused on real estate and then built its virtual assets, to later combine the real world with the virtual world (virtual homes, digital real estate, digital devices, and digital jewellery) (dabousi, 2021); • emirates airlines: announced its accession to the metaverse and launch of non-fungible codes and digitize its services and maximize presence in the virtual world; • commercial international bank (cbi): first uae bank to launch a virtual website in the decentral metaverse; emirates nbd launched a global accelerator program for metaverse startups in partnership with the dubai international financial centre (difc) fintech hive and supported by microsoft technologies (emirates bank). second section: the privacy of contracts within the metaverse metaverse platforms will facilitate commercial transactions and contribute to increasing the volume of consumption of digital contents and data by ten times what is usual (zeidan & saif), with using of artificial intelligence and three-dimensional digital copies and intervening smart agent; with defining the concept of blockchain, the basic component of the transactional infrastructure in the metaverse (2.1); then learning about the applications of blockchain in smart contracts and crypto assets (2.2). a subsection sample blockchain technology, the basic component of the transactional infrastructure in the metaverse the real launch of the blockchain dates back to the beginning of the current century, especially in 2008, by its developer, mr. satoshi nakamoto. it was applied in 2009 as a comprehensive record of transactions using the digital currency bitcoin. still, the boom was in 2014, as a result of separating the blockchain from the currency in blockchain 2.0 by expanding its field of application. to understand it, what it means, and its most important features will be identified. defining what is meant by blockchain there are many definitions of blockchain: • blockchain (a distributed database characterized by its ability to manage a constantly growing list of records called blocks). each block contains a timestamp and a link to the previous block. the blockchain is designed pa ge 4 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 1-7, 2024 to preserve the data stored in it and prevent it from being modified; that is, when information is stored in the blockchain, it cannot be modified later (corea). it is similar to a shared, decentralized ledger (dlt) that stores and transfers value with data over the internet transparently, securely, and independently of a central body. this technology is based on three principles: trust, transparency, and mutual control over the data that is circulating (baker). • blockchain is a system of a common, real-time, encrypted, and decentralized electronic ledger to process and record financial transactions, contracts, physical assets, and supply chain information (hossain, 2023). this chain is open to everyone in the chain, can see the details of each record (block) and track the information over a secure network that does not require third-party verification (rahman, 2021); this technology is a digital record book of transactions that are repeated and distributed over the entire network of the system on in blocks of encrypted records, each of them is a block, which is linked to each other and secured by a special cryptographic code, and each block contains hash, which is a mathematical algorithm that records a small part of the data for transactions included in the record as a whole (jaber, 2020). • as for the uae law, it did not intervene with special provisions to define the blockchain, but it paid attention to them when regulating virtual assets, as law no. (4) of 2022 regarding the regulation of virtual assets in the emirate of dubai, considers the blockchain a distributed ledger, which defines it as: “a public or private digital database through which actions on virtual assets, and their creation, preservation, and sharing, so that they are validated and owned in a network of automatic nodes from multiple locations and locations, including “blockchain” technology (article 1/12). advantages of blockchain blockchain has several advantages (latarsh & ahmed, 2021)(rahman, 2021): • it is based on a decentralized distributed network of transactions: data is stored and approved in a distributed manner among all members of the chain without focusing on one responsible person; • it provides security for its unchangeable privilege. once the data is entered into the blocks, they are saved and approved by the rest of the users, making them rigid and cannot be modified. • it has several types. the public blockchain is a distributed network that anyone can join and participate in the preservation, unlike the private blockchain, in which a person manages the chain and approves the preservation of data and transactions following the controls it sets, a type that guarantees more privacy and is often adopted by financial institutions and companies by identifying the parties of the network and the chain; • blockchain has several functions: saving data as a decentralized distributed record while tracking the saved information and data saving within the blocks in a chronological sequence; sending and circulating data between members of the chain safely and soundly without third-party intervention; and one of the functions is trading assets and cryptocurrencies. smart contract and encrypted tokens, applications of blockchain in digital business transactions today’s embodiment of the world of the metaverse is through electronic games, especially multiplayer games played by players from different countries brought together by the game arena and the internet. their relationship during the game are real legal transactions, from buying and selling or renting, and may reach innovations that require protection to make their virtual characters more unique to win the game(youssef, 2016). these transactions are considered smart contracts (the first branch), and those clothes, currencies, weapons, and even virtual people are considered virtual tokens or virtual money (the second branch). the smart contract links the parties’ trade relations in metaverse the most important feature of the contracts in the world of metaverse is the dominance of the principle of absolute authority of will. as a digital image stored with computer memory, virtual funds protect the appearance of physical money transferred and real estate and have a virtual value within the virtual game world can have a real exchange in the real world, for example, transfers of virtual currency in the world of second life amounted to $115 million in 2009. if online games are multiplayer, players’ goal is not limited to entertainment from purchasing the virtual man or avatar processing supplies they will represent and play through. rather, it may go beyond the pursuit of profit and material gain as a driver of play and not merely entertainment; transactions occur during this virtual world using technical contracting programs or the electronic agent who will be the person’s deputy in play and contracting. the emergence of the smart contract coincided with the second generation of blockchain (2.0) associated with yttrium, with which the field of use of the blockchain (ledger) is defined: • a program integrated into the blockchain carries out conditional transactions automatically without human intervention or trusted external parties, so the information and assets are distributed through it completely in advance in the code and are operated by meeting certain conditions. • a smart contract is a self-executing contract resulting from the use of blockchain, which has led to the automation of contracts in the sense of making them automatic, which increases your efficiency and accelerates the process further. once the predetermined conditions are met, the contract is executed automatically and automatically (latarsh & ahmed, 2021); it excludes pa ge 5 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 1-7, 2024 reliance on a neutral third party to verify the contract’s terms were met. • it is not a contract in the legal sense of the term but a computer program based on blockchain. the smart contract will ensure the automatic and automatic execution of the agreement in the application of the principle of peer-to-peer dealing or in the application of the rule of “if, the result will be,” which is informed by the computer of these conditions after translating the legal agreement into the computer language. • the uae law has regulated such type of contract under the name of automated electronic transactions and defined them as: “transactions that are concluded or executed in whole or in part by an automated electronic intermediary” and defined the automated electronic intermediary as “an electronic information system that operates automatically autonomously in whole or in part, without interference from any natural person at the time the work is done or responded to, “while the electronic information system means “a set of information programs and information technology means prepared to create and to process, manage, store and exchange electronic or similar information.”.(article 1, federal decree-law no. (46) of 2021). the existence of such a contract is based on a program or information system that may interfere wholly or partially with the transaction. non-fungible token and encrypted assets, system transaction engine in metaverse suppose the second generation of blockchain is the selfexecuting smart contract. in that case, the third generation has the advantage of extending its scope to government departments, health, literature, art, and culture, and it is not limited to financial industries. it will be considered a platform to contribute to the development of the smart world by allocating resources to the physical world (a & maximilian, 2018) (latarsh & ahmed, 2021) . if metaverse does not exist widely, the non-replaceable symbols are already present and used in multiplayer electronic games as unique data encryption modules with blockchain adoption that create non-replaceable digital files containing images, drawings, or videos embedded in the premium centre that will be valuable in the virtual market and are often used in the field of play, entertainment and metaverse (ramos, 2022). • the nft (non-fungible token) are unique, nonreplaceable data units stored in a digital record based on blockchain technology, representing images, videos, or digital files as similar unique elements. they are smart ownership contracts for digital assets or sometimes real assets, representing single consumable digital units within the game or in the virtual world in the form of unique digital assets located in the blockchain (such as ethereum, tezos, or cosmos) by a smart contract (schlumberger, 2021). • the uae has paid attention to non-fungible tokens, as follows: regulating crypto assets following the decision of the chairman of the board of directors of the authority (securities and commodities authority) no. (23/chairman) of 2020 regarding the regulation on crypto asset activities, defined tokens are considered crypto assets: “a record within an electronic network or distribution database that acts as a medium of exchange, storage of value, unit of account, representation of property, economic rights, or a right of access or usufruct of any kind, which may be transmitted electronically from one person to another through the operation of a computer program or an algorithm regulating its use.” (article1/8). dubai’s virtual assets legislation gives a broad concept of virtual assets. • it is considered an intangible object and fund that can be dealt with within the meaning of article 97 of federal law no. (05) of 1985 promulgating the civil transactions law of the united arab emirates: “everything that can be acquired materially or morally and used legitimately and does not depart from dealing by nature or under the law is correct to be subject to financial rights”, and possession will be immaterial with the possibility of dealing with encrypted codes between the parties within the virtual world, following the provisions of the market allocated by the uae to deal with it, and it is a moral movable even if it represents real estate assets that have their privacy derived from their nature(youssef, 2016). • they are considered intellectual property rights, and they must respect the legal procedures established to protect these rights, obtain a license or request permission to use the trademark or license to use the trademark for a company in a digital element. these symbols will be understood based on existing legislation, with some adjustments needed soon to regulate human interaction with the virtual world. but who would be her owner? jurisprudence has conflicted between(youssef, 2016): being considered derivative or common classifications and granting ownership to the owner of the game or platform. to be considered a computer program covered by legal protection (articles 1, 2/2, federal decree law no. (38) of 2021) as a right of the author owned by its author (owner of the game or platform in the virtual world. conclusion every new technology that appears strange and incomprehensible quickly changes our perception of it and becomes a self-evident thing in our ordinary lives. technology and its development are designed to facilitate human life. this is what the near future will show regarding using the metaverse. however, the technologies used in this world will combine the virtual and real worlds, remaining subject to the legislation and legal texts in force without special legal provisions. this has been confirmed by the study, which produced a set of results: the world of the metaverse is based on the technologies of the fourth industrial revolution with the internet, and it did not remain just science fiction but was embodied in reality. the united arab emirates is one of the first arab countries to pay attention to the pa ge 6 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 1-7, 2024 metaverse through its metaverse strategy and encourage technological innovation. major uae companies tend to invest and gain a place in the virtual world. blockchain is the main engine of the metaverse world; it is a distributed ledger that documents transactions, preserves information, and protects it from forgery because it is based on cryptography and cryptocurrencies and is used as a modern technology for contracting and representing assets. uae law regulates automated contracting or smart contracting with the adoption of the electronic agent, which is one of the first legislations regulating crypto assets and related activities. every new technology that appears strange and incomprehensible quickly changes our perception of it and becomes a self-evident thing in our ordinary lives. technology and its development are designed to facilitate human life. this is what the near future will show regarding using the metaverse. however, the technologies used in this world will combine the virtual and real worlds, remaining subject to the legislation and legal texts in force without special legal provisions. this has been confirmed by the study, which produced a set of results: the world of the metaverse is based on the technologies of the fourth industrial revolution with the internet, and it did not remain just science fiction but was embodied in reality. the united arab emirates is one of the first arab countries to pay attention to the metaverse through its metaverse strategy and encourage technological innovation. major uae companies tend to invest and gain a place in the virtual world. blockchain is the main engine of the metaverse world; it is a distributed ledger that documents transactions, preserves information, and protects it from forgery because it is based on cryptography and cryptocurrencies and is used as a modern technology for contracting and representing assets. uae law regulates automated contracting or smart contracting with the adoption of the electronic agent, which is one of the first legislations regulating crypto assets and related activities. recommendations • the success of the metaverse environment requires the intervention of all technological companies active in this field, whether related to financial transactions and virtual assets, digitization, cloud computing, and cybersecurity. • the a need to establish a legal regulation of the work of experts and content creators of digital technologies and artificial intelligence; they work to keep abreast of technical developments in the field of metaverse. • the need for specific legislative texts in this area has become urgent, guaranteeing a balance between technological creativity and rights protection. references agustin, j. a. r. (2024). future of retailing in metro manila: diy homeowners’ acceptance and use of technology in an omnichannel retailing. american journal of economics and business innovation, 3(1), 71-91. https://www.siyassa.org.eg/news/18180.aspx al ain news. (2022, august 8). emirati leadership foreseeing future metaverse. retrieved from https:// al-ain.com/article/emirati-leadership-foreseeingfuture-metavurs al ain news. (2022, may 12). quarter of the world population uses metaverse daily. retrieved from https://al-ain.com/article/2026-quarter-worldpopulation-uses-metavirus-daily al-ahram foundation. (2022, september 15). retrieved from https://www.siyassa.org.eg/news/18180.aspx alain bensoussan. (2022, august 8). vers un droit des métavers. retrieved from https://www.alainbensoussan.com/avocats/vers-un-droit-desmetavers/2022/02/14/ albayan newspaper. (2022, june 3). retrieved from https:// www.albayan.ae/uae/interviews/2022-06-03-1.4448761 alsadiq. (2022, august 20). alwyb fy jylh althalth drast astshrafyt web 3.0 outlook study. retrieved from https://www.researchgate.net/ publication/303394584_alwyb_fy_jylh_althalth_ drast_astshrafyt_web_30_outlook_study؛https:// www.research-ar.com/2019/11/www ashraf, j. (2020). blockchain and digital evidence in the field of copyright. international journal of jurisprudence, judiciary and legislation. dabousi, a. m. (2021). legal dimensions of metaverse technology. almizan, 36-40. dubai land department. (2022, september 19). dubai land department achieves a technical milestone with the adoption of blockchain technology in cooperation with smart dubai and other partners. retrieved from https://dubailand.gov.ae/ar/ news-media/dubai-land-department-achievesa-technical-milestone-with-the-adoption-ofblockchain-technology-in-cooperation-with-smartdubai-and-other-partners/#/ eleonore baker. (2022, september 11). de l’utilité de la blockchain en propriété intellectuelle: quand l’innovation technologique le. retrieved from https://blogs.parisnanterre.fr/article/de-lutilitede-la-blockchain-en-propriete-intellectuelle-quandlinnovation-technologique-le emirates bank. (2022, september 11). difc fintech hive. retrieved from https://www.emiratesnbd. com/ar/innovation/fintechcampaigns/difc-fintechhive/ fines schlumberger, j. a. (2021). métaverse. la revue européenne des médias et du numérique, 59. francesco, c. (2019). an introduction to data. springer cham. hossain, m. s. (2023). re-imagining post covid education: the challenges and opportunities of blended approaches in bangladesh. american journal of multidisciplinary research and innovation, 2(1), 118– 123. https://doi.org/10.54536/ajmri.v2i1.1946 jakob a, & maximilian, m. (2010). blockchain 3.0the next generation of blockchain systems. in: advanced seminar blockchain technologies, munich technical pa ge 7 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 1-7, 2024 university. latarsh, h., & ahmed, a. (2021). blockchain technology: the revolution of trust. journal of economic studies, 2(21). rahman, d. h. (2021). towards legal solutions to the problems of using modern technological applications in the field of copyright artificial intelligence, blockchain. journal of legal and economic research, 12(78). ramos, a. (2022). metaverses, nfts and intellectual property rights: are they regulated or not? wipo review. saleh, d. a. (2021). the role of the metaverse revolution and the fourth industrial revolution in achieving e-learning and blended education in universities and public schools in the west bank. information and communication technologies in education and training tsat7, germany: the arab democratic center for strategic, political and economic studies. yakoub, a. (2016). virtual money: a legal vision in its concept and the right to it. university of sharjah journal of sharia and legal sciences, 2(13). pa ge 1 pa ge 1 american journal of society and law ( ajsl) unfolding the experiences and preparedness mechanism of senior citizens in the wake of disaster: towards a disaster resilient community norolshalah m. guiamalodin1*, rita gen a. culele1, jofelrey silguerra1, tomas jr. a. diquito1 volume 3 issue 1, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i1.2299 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: december 15, 2023 accepted: january 20, 2024 published: january 23, 2024 the physical, emotional, and psychological well-being of every individual is negatively affected by disasters. in particular, the aged people, or “senior citizens” are susceptible to the disproportionate and detrimental effects brought upon by any form of disaster. thus, this study explored the lived experiences of senior citizens in any disaster and their corresponding preparatory mechanisms. using a qualitative-phenomenological research design, this study interviewed eleven (11) participants to generate their experiences and preparatory mechanism in the wake of disaster. the use of collaizi’s method was used in the analysis of the qualitative data. analysis of data revealed two emergent themes: (1) disaster-related challenges and (2) life security that describe the experiences of the participants. in addition, the results have shown that senior citizens experience difficulty in combating disasters due to a range of disaster-related challenges they encounter. on the other hand, their most common preparatory mechanism in order to combat the challenges primarily relates to safety measures. thus, disaster preparations need to be strengthened and ensure that the needs of senior citizens are taken into account in local disaster planning and community response efforts. keywords disaster preparedness, disaster management, senior citizens, local government unit 1 department of teachers education, university of mindanao -digos, digos city, philippines * corresponding author’s e-mail: norolshalahguiamalodin@gmail.com introduction disasters have been known to affect an individual’s physical, emotional, and psychological well-being, and the elderly or ‘senior citizens’ in particular are one of the most vulnerable to the disaster’s disproportionate and negative consequences. according to the red cross (2020), older adults are identified as a vulnerable population, which indicates that these specific groups of people are more likely to be at a greater risk of an incoming disaster. moreover, the united nations high commissioner for refugees (2023) identified the specific risks senior citizens face during disasters: a decline in sensory awareness, less mobility, diminished psychosocial capacities, chronic health problems, and specific nutritional needs. in addition, the vulnerabilities that senior citizens experience are also interconnected with factors such as physical condition, risks to well-being, and their ability to maintain autonomy (zagorac 2017). as a result, all of these factors implicate and negatively affect how senior citizens efficiently prepare, handle, and respond to a disaster (pekovic et al., 2007, as cited by kim & zahour, 2017). however, despite the increased awareness of disasters and the growing research pertaining to how disaster affects humans (ngo, 2001, as cited by tierney, 2019), extensive studies exploring the experiences and preparedness of senior citizens with disasters are still limited and undeveloped (brockie & miller, 2017; phraknoi et al., 2023). furthermore, there is an overall lack of research that focuses on the unique needs of senior citizens in the context of disasters (bodstein, 2014; fountain et al. 2019). according to kar (2016), although senior citizens are considered a vulnerable group, their needs are still insufficiently dealt with in disaster situations. therefore, uncovering disaster preparedness through the lens of senior citizens can help in creating inclusive frameworks, which is crucial in order to reduce and minimize disaster losses for all sectors of the community and promote holistic community resiliency. numerous studies revealed that the elderly people were considered as the most vulnerable during any form of disaster worldwide, having the most fatalities among the population (bhadra, 2020; brockie & miller, 2017; engelman et al. 2022; zhu & sun, 2018). despite this, communities still continue to struggle with addressing disaster preparedness (cox & kim, 2017; yarmohammadian, 2023). and even though senior citizens are at greater risk during a disaster, this population is reported to be less likely prepared for during the wake of a disaster (al-rousing et al., 2014 ; loke et al., 2012). disaster preparedness involves taking proactive measures before a disaster occurs to ensure a sufficient response to its effects and facilitate recovery (coppola, 2020). these preparations encompass a wide range of activities, starting from individual-level actions to household actions and extending to community efforts and governmental strategies (chan & ho, 2018). meanwhile, the philippines is one of the most disasterprone countries worldwide and is highly susceptible to both geophysical and climate-related disasters (bollettino et. al, 2020). according to guanio (2021), senior citizens experience a greater disproportionate impact from disasters, especially when they reside in a disaster-prone country with inadequate social safety nets. moreover, in the wake of natural disasters, evidence suggests that older people in the country have been disproportionately pa ge 2 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 affected by the consequences of disasters, along with the highest mortality rate among the population (almazan et al., 2019; garcia et al., 2016; gray et al. 2022). furthermore, along with poor physical and mental condition, it can be noted that the older population in the country generally have limited financial means, which makes it difficult for them to prepare for an upcoming disaster (rizo et al., 2020). they frequently lack the tools necessary to adequately prepare, such as the money needed to board up their home, a vehicle to utilize for an evacuation or even a place to stay in case they have to leave their home (rizo et al., 2020).on that note, disaster preparedness generally pertains to the efforts and actions taken to prevent or lessen the impact on vulnerable groups and to efficiently respond and deal with the effects of the disaster (maac & labatete, 2023). this study is guided by the lens of ageism which pertains to the unjustified discrimination solely based on age (rueda, 2021). ageism comes into play in disaster situations due to the negative stereotypes of seniors, such as their vulnerabilities in particular (oostlander et al., 2022). moreover, in the context of disaster, older adults are often viewed as ‘victims’ who need to be taken care of, and they are usually portrayed as incapable of doing anything for themselves (outlander et al., 2021). in addition, the assumption that older adults are less able to prepare for disasters or less likely to survive them can result in a lack of targeted outreach and education efforts aimed at this population (bodstein, 2014). this can leave older adults without the information, access, or resources they need to prepare for disasters, putting them at greater risk adequately. this idea can further be integrated into bronfenbrenner’s ecological systems theory. bronfenbrenner’s theory posits that an individual’s well-being is shaped by their social environment and the nature of their relationships with others, including family, neighbors, and institutional systems (ettekal & mahoney, 2017). the key concept in applying this principle is recognizing that those impacted by natural disasters are interconnected within systems and networks and are linked to other individuals and communities (milner & o’brien, 2009, as cited by shokane, 2019). this theory also describes the different levels of influence on an individual’s development. each level was further defined by boon et. al, (2011) as follows: at the microsystem level, individuals interact directly with their family, peers, and school systems. the mesosystem examines how these microsystems interact with each other. the exosystem includes external factors that have an impact on the individual, such as extended family, neighborhood, or in the workplace. the macrosystem represents the broader societal and cultural influences, including government policies, cultural values, and the economy. boon et al. (2011) further emphasized that these different levels of influence collectively shape an individual’s experiences, and it is important to note that it is at the macrosystem level where policy and planning take place, which can heavily affect individuals and communities as a whole. this means that it is at this level where the great emphasis on involving people in both the identification and implementation of any disaster program activities and interventions takes place (boon et al., 2011). overall, the ecological systems theory is concerned with how an individual can achieve balance with its environment or in contrary, how they sometimes fail to achieve balance caused by the influences on their environment (zastrow, 2010 as cited by shokane, 2019). ageism, which encompasses the negative stereotypes and discrimination solely based on age, results in limited access to resources, inadequate support systems, and, worst of all, marginalization among senior citizens in the wake of disasters. in that sense, the macrosystem level of the ecological systems theory, where the societal attitudes and values, policy resource allocation, and the strength of social support networks play a crucial role in addressing the needs and challenges faced by senior citizens. therefore, to promote the well-being and preparedness of senior citizens in the wake of disaster, it is essential to uncover the experiences of senior citizens particularly the challenges they have endured due to the vulnerabilities and discrimination directed towards them and how it influences their corresponding preparedness mechanism. doing so would significantly help develop inclusive disaster policies, hence fostering resilience and preparedness of senior citizens in the face of disaster emergencies. the findings and results of this study would be beneficial to the community. specifically, this study could be used to disseminate the concerns of senior citizens about the gaps in disaster programs. considering the impending aging phenomenon and the inevitable disaster risks in the country, this study can be utilized by local government units as a basis to improve disaster planning and interventions in which it can address the problems and issues during the implementation of disaster preparedness programs, particularly in elderly communities. in addition, the findings of this study further expand the existing body of knowledge by providing information regarding the disaster-related challenges, experiences, and issues among senior citizens, further demonstrating the importance of adequate disaster preparedness mechanism. research objectives this study aims to uncover disaster preparedness through the lens of senior citizens in digos city, philippines. thus, this study will be guided by the following research objectives; 1. what are the experiences of senior citizens during any form of disaster? 2. what are the preparatory mechanisms of senior citizens in any form of disaster in their area? 3. what disaster preparedness conceptual framework be created based on the lens of senior citizens? methodology participants this study was conducted in brgy. soong, digos city, davao del sur, philippines. the chosen location pa ge 3 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 is a disaster-prone area where several fault lines are discovered, making it more dangerous to earthquakes than other areas. in addition, it is a rural area, which means that it is more susceptible to a range of natural disasters such as floods and landslides, posing additional problems since they are more likely to rely on local water sources for drinking. these factors can cause significant damage to properties and infrastructure, aggravating the risks experienced by seniors. upon choosing the participants, the researchers utilized snowball sampling. according to naderifar et al. (2017), the snowball sampling technique is a method of gathering information to access specific groups of people. by introducing the researchers through a reliable social network, the snowball sampling technique directly addresses the uncertainties and mistrust that are typical in a conflicted environment (cohen & arieli, 2011). researchers started with establishing a contact with one initial participant who was qualified from the inclusion criteria. then, researchers requested the initial participant to identify more potential participants with the same case and so on. sampling continued until the specified sample size was accomplished and data saturation was reached. moreover, the target participants of this study were as follows: (1) senior citizens aged 60 years old and above, (2) those who live in the disaster-prone area (3) those whose income falls below the poverty threshold, and (4) should be able to give his/her own perspectives without the guidance of others. participants who were excluded from the study are adults aged 59 and below, senior citizens who do not live in the specified disaster-prone area, and whose income is above the poverty threshold. participants had the right to withdraw before or after the conduct of data collection. upon his/her withdrawal, the participants should inform the researchers and he/she may or may not provide the reason for the withdrawal from the study. finally, based on the inclusion criteria, a total of 11 senior citizens were included in the study (4 male and 7 female) ranging from 61 to 78 years of age and monthly income ranging from below 1000 pesos and not exceeding 8000 pesos. table 1: profile of the participants based on the inclusion criteria code name gender age monthly income location participant 1 female 63 none soong, digos city participant 2 male 73 p2000 soong, digos city participant 3 female 78 p5000 soong, digos city participant 4 female 66 p8000 soong, digos city participant 5 male 68 p8000 soong, digos city participant 6 female 65 p5000 soong, digos city participant 7 male 61 none soong, digos city participant 8 male 64 p3000 soong, digos city participant 9 female 64 p5000 soong, digos city participant 10 female 64 p2000 soong, digos city participant 11 female 64 below p1000 soong, digos city instrument the researchers utilized an in-depth interview in gathering the necessary data. furthermore, the research instruments that were used in this study are as follows; (a) the researchers the main instrument of the study, (b) validated interview guide, (c) recorder, (d) notebooks, (e) pen, and (f) consent forms. according to myburgh and poggenpoel (2003), the researcher is the key person in obtaining the data from the participants in qualitative research. thus, the main instrument that was utilized throughout the course of data gathering was the researchers. furthermore, the researchers formulated validated interview guides to collect data from the participants; however, during the interview process, the interviewer may add or modify some questions if necessary. in addition, the rest of the instruments were utilized to ensure that the responses were recorded and transcribed properly to identify key ideas, phrases, and themes. according to tessier (2012), in the conduct of an interview, choices on how to document the data are made, and one usually uses tools such as field notes, a recording device, or both. lastly, consent forms were also used to gain the participants’ permission, and they were guaranteed that all of the responses gathered from them were kept and treated with utmost confidentiality and anonymity by the researchers. design and procedure this study utilized phenomenology qualitative research design. according to creswell (2009), phenomenology is a research design wherein the researchers identify the core of human experiences that pertain to a certain phenomenon as described and narrated by the participants. furthermore, this study mainly focuses on understanding the participants’ experiences with regard to the various forms of disasters they’ve experienced, with the earthquake and landslides as the most recent phenomenon. as such, this research design is utilized to pa ge 4 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 properly show the significant lived understanding based on how they are perceived by the individuals involved in the phenomenon (lester 2014). in gathering the data, the following steps were observed in the process to obtain the appropriate data. first, the researchers formulated a set of research interview questions to obtain the appropriate data needed for the research from the participants, which were checked and validated by experts. second, before gathering data, the researchers submitted a letter of permission to the um digos college to conduct an interview outside the institution’s premises. third, the researchers looked for willing participants who fit in the inclusion criteria. fourth, the participants were asked to sign an informed consent form to ensure that they were willing to participate in observing ethical goods and regulations for the subject’s research. the fifth step was to conduct an indepth interview in a quiet and comfortable room for each participant, depending on their availability, to gather the necessary data for the study. lastly, the qualitative data, which is in the form of responses and narratives from the participants, were analyzed using colaizzi’s thematic analysis method. this method was used to identify the underlying themes from the data and was utilized to clarify the study’s qualitative result. colaizzi’s seven steps for data analysis method were used in this study. the following steps, as cited by sanders (2003) and speziale and carpenter (2007), are as follows: the first step was to get a feel of the entire content, where each transcript was read several times. second, significant sentences relating to the phenomenon being studied were removed from each transcript. third, deducing meanings from these important utterances was done. fourth is sorting the stated meanings into categories and theme clusters. fifth, the study conclusions were included in a thorough description of the phenomenon being investigated. it is also necessary to characterize the phenomenon’s basic structure. then, the phenomenon’s basic structure was articulated. lastly, to match the researcher’s descriptive results, with the research’s participant’s experiences, validation of the findings was requested from them. ethical considerations the researchers adhered to comprehensive ethical guidelines in conducting the study. this involved following the study protocol assessments and standardized criteria, specifically in handling the population and data such as, but not limited to: voluntary participation all participants were allowed to freely choose their participation without facing any consequences. hence, once the purpose and benefits of the study were communicated to the participants, their rights to contribute to the study were thoughtfully taken into account and respected. individuals who decided not to take part in the study for any reason were given the option to withdraw at any time, and their involvement was discontinued without any negative consequences. privacy and confidentiality the personal and/or professional information of the participants, which may have been necessary for the study, was treated with strict confidentiality. the researchers took measures to ensure that the participants’ data remained private and protected, preventing its disclosure to unauthorized individuals or entities outside of the research setting. informed consent process the research questionnaires provided in appendix g were designed in a manner that avoided the use of technical terms, ensuring they were easily comprehensible to the participants. additionally, no questionnaire was administered to any participant without obtaining permission first from the authorized command channels and the individuals themselves. furthermore, the questionnaires prompted participants to confirm that they had been informed about the study’s benefits and potential consequences, as outlined in the informed consent form. risks the researchers addressed the risk by conducting the survey through in-depth interviews utilizing the same design and structure validated by experts. plagiarism the study maintained a strict policy against plagiarism, ensuring that no content or ideas were presented as original when they were not. grammarly, which is an editing platform was utilized to ensure grammatical accuracy and enable the researchers to express ideas in his/her own words, drawing from various academic resources. additionally, turnitin was employed to monitor the similarity index and ensure the integrity of the study’s content. deceit the study took precautions to prevent any potential harm arising from the data provided by the participants. the researchers conducted the study with integrity, refraining from any deceptive practices or misleading tactics toward the participants. ethical concerns and undesirable feedback were proactively managed by appropriately addressing relevant provisions. results and discussion experiences of senior citizens in any form of disaster the image below demonstrates the experiences of senior citizens during any form of disaster. based on the data gathered, disaster-related challenges were generated as the emergent theme based on the emergence of the cluster themes, namely: emotional distress, tangible damage, health-related issues, and financial hardship. pa ge 5 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 in the context of this study, disaster-related challenges refer to the various difficulties resulting from any form of disaster. it is the difficulties covering multiple areas of life including emotional (how we feel), financial (sources of income), physical (state of our well-being), and external: (impairment of houses and buildings). disaster is a phenomenon that results in great damage figure 1: disaster-related challenges experienced by senior citizens in the wake of disasters to properties and challenges to humans. in terms of emotional distress, this is the range of negative emotions that can sufficiently disrupt the normal life patterns of an individual (e.g sleeping patterns) due to fear that something bad might occur. according to maslach and leiter (2016), emotional distress refers to a wide range of negative affective responses, including feelings of anxiety such as fear, nervousness, fear, etc. this collection of intense and fearful emotions resulted from the emotional toll that the effects of a disaster have caused (smith & seagal, 2015). in relation to, (parker et al. 2016) also noted that disasters elevate the likelihood of vulnerability towards emotional trauma among older adults. furthermore, magee and carmin (2010) stated that these negative emotions of emotional distress further increase the risk of sleep disturbances among older adults. according to bui et al. (2020), large-scale disasters present stressors that affect the emotional wellbeing of vulnerable individuals, including the elderly. as such, based on the participants’ perception, the factors that constitute the emotional distress they experience are emotions of fear, nervousness, trauma, and sleeping difficulty. participants experienced being scared because of the possibility that something bad might happen to them. participant 1 mentioned that; “first is the earthquake. and we were so scared because our house might fall on us.)” [line 66] participant 10 added that; “ the rain was very heavy, then the storm. sometimes.... i just get scared as to what will happen to us at home.” [line 52] in addition, nervousness is another contributor to emotional distress. participants experienced nervousness because of the idea that their house would get destroyed. participant 11 even mentioned that; “ my body is shaking, i’m nervous. i was just nervous inside the house because i thought our house would be destroyed.” [line 80] in addition, trauma is another contributor of emotional distress. participant experienced trauma because of the feeling that no matter where they go, they are unsafe. participant 7 even mentioned that; “ oh, it were traumatizing. no matter where you run... during those time, we’re really looking for an open space. that we will never be stuck. we will definitely leave our house.”,[line 65] in addition, sleeping difficulty is another contributor of emotional distress. participant experienced sleeping difficulty because of the fear of getting trapped inside their house. participant 1 even mentioned that; “ and during sleeping time, i also get scared to sleep because i might get trapped inside our house.” [line 89] participant 3 added that; “ in terms of how we sleep, it was very difficult! we sleep at the side of the road! there, we slept at the side of the road. we can’t even stay inside our house because we’re too afraid.” [line 108] meanwhile, financial hardship is another challenge experienced by senior citizens in the wake of a disaster. financial hardship refers to the inability to obtain funds due to the loss of sources of income, particularly livelihood. according to mirowsky and ross (2001), financial hardship results from the difficulty in meeting the basic necessities of life due to insufficient financial resources. furthermore, the lack of economic resources during disasters reduces access to basic necessities such pa ge 6 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 as food, health care, and personal security (bui et al. 2020). morrow-howell et al. (2020) stated that financial challenges are experienced more severely by older adults compared to younger adults since they have less access to resources that could otherwise help them recover from financial setbacks. jachimowicz et al. (2020) further stated that individuals with less income resources experience increased financial hardship associated with higher levels of economic inequality. based on the participant’s perception, the factors contributing to their financial hardship are the loss and lack of income. participants experience a loss of income due to the inability to obtain money brought upon by disasters. participant 1 even mentioned that; “second is when the covid came, and we cannot go outside, i also can’t sell so it was hard, it was difficult for me where to find my expenses. since even my kids aren’t allow to sell, to roam around because of covid.“ [line 68] participant 5 added that; “ we were affected that time because we lost our income. you aren’t able to obtain income since you cannot sideline for the students.” [line 62] in addition, lack of income is another contributor of financial hardship. participants experience lack of income as a result of their difficulty finding enough finances since their livelihood was affected by disaster. participant 4 even mentioned that; “our livelihood, that is [affected],our income was very low.” [line 60] on the other hand, health-related issues pertain to an individual’s issues mainly due to physical ailments and body movement difficulties that render their proper movement. according to indiana university health (2016), healthrelated issues pertain to any physical, emotional, and mental condition that can hurt an individual’s capability to perform safely and competently. garcia et al. (2020) emphasized that the greater need of elderly people for healthcare increases their vulnerability. furthermore, according to greiner et al., (2016), the elderly experience physical challenges due to chronic illnesses or health problems they have which require thorough treatment. in addition, less mobility combined with hindering support altogether increases their susceptibility to risks. as such, based on the participant’s perception, the factors that contribute to the health-related issues they experience are health problems and body mobility issues. participants experience health problem because of poor health conditions. participant 2 even mentioned that; “i haven’t even gone in our little area there at the top because i was recently hospitalized due to my body where i always collapse. it only happened to me recently, during this year. i always faint, i fainted seven times here. every day i check my blood pressure.“ [line 132] in addition, body mobility issues is another contributor of health related issues. participants experience body mobility issues as an effect of difficulty moving during disaster thus, rendering them the need of assistance or support from others. participant 6 even mentioned that; “it already happened that i fell down during earthquake and then i was standing there....my clothes got really dirty... it was so dirty from where i fell. they just look at me and then i go to the store because that’s where i hold, it’s really hard… “ [line 150] lastly, tangible damages are the physical damages caused by disasters as seen through the destruction of crops and houses. according to veldhuis (2011), tangible damages refer to material damages to structures, including buildings and properties. moreover, rajeev (2016) identified the loss of household and livelihood assets as one of the key challenges experienced by the elderly due to disasters. in addition, the limited availability of safe drinking water and damage to sanitation facilities threaten the well-being and survival of the affected individuals (khurshed and habibur, 2019). these external challenges result from direct losses caused by the destruction of infrastructures, including floods, heavy rains, high winds, or ground shaking (unddr, 2023). as such, based on the participant’s perception, the factors that contribute to tangible damages are: house damage, crop/plant damage, and unclean water. participants experience house damages due to the effects brought by disasters like strong winds and earthquakes. participant 8 even mentioned that; “yes, strong winds, our roof is sometimes blown away. this roof will then leak. it will be flowing because of the intensity of the wind“ [line 64] participant 9 also added that; “ that’s why the [house] collapsed, but i haven’t touched it, until now it’s still there, and i still live in it.” [line 87] in addition, plant damage is another contributor to tangible damage. participants experience plant damage through their crops being washed away due to the intensity of the rain and landslide. participant 8 even mentioned that; “ a lot of our plants were damaged. corn, abacca plant, so much was damaged.” [line 71] participant 10 added that; “ the taro and banana plants. it was washed away. those plants of ours, sometimes we can’t eat them anymore, we can’t take them anymore because they all fell down.” [line 74] participant 11 also stated that; “ there’s a lot of damaged. plants were damaged due to the intensity of the rain.” [line 39] in addition, unclean water is another contributor to tangible damages. participants experience unclean water, resulting in them boiling it first before drinking or rendering them unable to bath since it has become dirty after experiencing disaster. participant 8 even mentioned that; “ ah, there is no way to bathe as long as the water is dirty. we just wait for it to clear.” [line 94] participant 10 also added that; “ sometimes there is no water, sometimes we only drink pa ge 7 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 water from that pipe, we just boil it.” [line 34] as seen through the lens of the participants’ experiences, disaster-related challenges indeed encompass a wide range of difficulties that arise in the aftermath of any disaster. these challenges can impact multiple aspects of an individual’s life, including emotional well-being, financial stability, physical health, and even external circumstances such as property damage. this is further supported by rajeev (2016), who identified the common challenges that the elderly face during disasters, such as emotional concerns, financial issues, health issues, and physical issues. overall, disaster-related challenges involve the hardships and obstacles that individuals face across various domains of their lives following a disaster. preparatory mechanisms of senior citizens in any form of disaster the image below demonstrates senior citizens’ preparatory mechanisms in any disaster. based on the data gathered, life security was generated as the emergent theme based on the emergence of the cluster themes: prioritizing basic needs, safety measures, financial security, and being attentive. in the context of this study, life security refers to the set of preparations and actions taken to ensure safety and well-being by reducing the risks that any disaster can cause. survive disasters (jordan,2015).in relation to, based on the participant’s perception, the factors that constitute prioritizing basic needs are prioritizing food and clothing as well as securing a flashlight. participants experienced prioritizing food and clothing through preparing essential items in advance. participant 1 even mentioned that; “ yes, and then i put a few clothes in my bag. so that if i evacuate, i would be able to bring something. i also put my medicines and the things i need like rubbing alcohol.” [line 207] participant 3 added that; “ yes, we prepare things in advance. we put everything inside our bag. such as rice, sugar, we put everything to be ready. so that whatever happens, we’re already prepared. we evacuate and have something with us.” [line 168] participant 6 also added that; “ in fridge, it is important that you have food. you have rice, you have something to eat. because during earthquake we cannot go out easily.” [line 120] participant 7 also added that; “ let’s just get ready, what’s important to us is, take care of ourself, prepare what we’re going to bring when we evacuate. we have portable clothes, food. what are the laws of the government, we will follow them.” [line 168] participant 10 also added that; “i prepare everything. sometimes i put clothes in the bag, also money.” [line 110] in addition, securing flashlight is another contributor of prioritizing basic needs. participants experienced securing flashlight to ensure having a source of light during night time. participant 8 even mentioned that; “ sometimes i make sure to always have a spot (flashlight). because at night, if there is a strong wind, or there is an earthquake you will have something to use.” (participant 8, line 137-138) meanwhile, safety measures are the precautions to protect one from being harmed. according to aldandani (2010), safety measures are a collection of accepted practices and techniques to guarantee the protection of life and property before an incident. the foundation of safety measures is awareness and readiness in times of disaster. being competent during times of disaster makes an individual prepared (olores et al., 2023). avoiding dangerous areas before evacuation, securing potential risks such as checking fragile items within the household, and making reinforcements to prevent damages were further identified to help ensure safety (kansai transmission and distribution, 2020). in addition, the practice of staying indoors or within a designated safe area during disasters is proven to enable an individual to ensure his or her safety (paveglio et al., 2008, as cited by siam et al., 2022). senior citizens, in particular, might find it hard to evacuate and therefore decide to stay and defend inside their homes (lach et. al, 2005, as cited by cho, 2019). hence, seeking shelter is also a critical part of disaster responses and is crucial for the safety of disaster victims (ekaputra et al., figure 2: life security as an emerging theme of preparatory mechanisms as perceived by senior citizens in the wake of any form of disaster preparatory mechanisms are essential for survival in the wake of any form of disaster. in line with this, prioritizing basic needs means preparing the most essential needs, such as food and clothes, that must be prepared in advance to survive disasters. according to chiapperomartinetti (2014), to meet the fundamental needs in life, it is necessary to prioritize basic commodities, including food, clothing, and shelter. furthermore, the red cross (2023) identified the essential items that must be prioritized in the wake of disaster. these items include food, a flashlight, medications, sanitation, and personal hygiene items. these essential items in particular are the most basic needs that individuals must attend to to pa ge 8 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 2022). based on the participants’ perception, the factors contributing to safety measures are avoiding dangerous areas, staying indoors, securing potential risks, and installing tents for temporary shelter. participants experienced avoiding dangerous areas by looking for places that are safe. participant 1 even mentioned that; “ i look for places where nothing could fall on me. i look for places where there are post, i look at where the earthquake would go, and i also avoid post as well as my neighbour’s fences.” [line 226] in addition, staying indoors is another contributor to safety measures. participants experienced staying indoor by making sure not to go outside in times of disaster. participant 2 even mentioned that; “ yes. which is why here in our house, that’s what we do. if there is a disaster, we make sure not to go outside.” [line 173] participant 5 also added that; “ of course, we would just stay here inside the house and listen to the passage of events. you just have to make sure not to be rattled.” [line 143] in addition, securing potential risks is another contributor of safety measures. participants experienced securing potential risks by means of tying down fragile items to prevent the risk of it from falling unto them. participant 4 even mentioned that; “ oh yes, only the tv. well not really, we only tied the tv, even until now, its still tied down.” [line 178] participant 6 also added that; “ it’s in the cabinet, but is it tied so that it doesn’t fall, we put wires to prevent them from falling, like those broken glasses, plates, or whatever.) [line 129] in addition, installing tents is another contributor of safety measures. participants experienced installing tents for them to have a temporary shelter and avoid being trapped. participant 4 even mentioned that; “we just installed a tent right there. yes, right here. there were no people in their rooms because they still have to run, so that if there would be an earthquake, they would be outside straight away.” [line 194] financial security, on the other hand, means securing money regardless of the amount for it to be utilized when needed and for preparation for future events. furthermore, horton (2022) defined financial security as having enough money to cover expenses, financial setbacks, or future happenings properly. generally, finance is one of the key determinants of the capacity of households to deal with disasters (lauren et al., 2020). consequently, effective financial planning and adherence to financial plans are some of the most important practices to alleviate hardships (mekonen et al., 2022). moreover, coburn et al. (1994) as cited by sowman and raemaekers (2018), further emphasized that it is ensured that a level of protection is developed by encouraging people to protect themselves through financial insurance. as such, based on the participant’s perception, the factor that constitutes financial security is having savings. participants experienced having savings for them to have access to something when the need arises. participant 6 even mentioned that; “ yes we should have a little savings so that we have something to use when needed.”,[line 157] participant 8 added that; “ take a little money. have a little money so that if something happens, you have savings that you can use.” [line 120] participant 11 also added that; “i’ll save a little amount of money around 100 or 50 pesos.” [line 127] finally, being attentive is about paying attention and being updated of the current happenings related to the environment by means of information received from authorities. according to arvidson (2006), being attentive or paying attention is a direct observation of the environment. in particular, the red cross (2023) emphasized listening to television or radio for instructions coming from the authorities as a mechanism to stay safe in the wake of disasters. garai (2018) further emphasized that radio and television are important mass-media outlets to learn about the upcoming hazards of disasters. based on the participant’s perception, the factors that constitute being attentive are listening to the radio, listening to authority, and watching the news on television. participants listened to the radio so that they could prepare for the upcoming disaster. participant 11 even mentioned that; “ (i’ll listen news from the radio. so that we can prepare.)”[line 119] in addition, listening to the authority is another contributor of being attentive. participants experienced listening to the authority by being aware of the warnings that are being implemented. participant 7 even mentioned that; “ the only thing we can do is listen to the warning. let’s listen to what the law is, because there is already a report so we can know.” [line 137] in addition, watching the news is another contributor of being attentive. participants experienced watching the news because they wanted to know what would happen for them to be prepared. participant 8 even mentioned that; “i sometimes watch the news. because i want to know what is happening. that there is an earthquake coming, it will be known on television.” [line 141;152] participant 11 also added that; “i watch news, just like whenever there’s a news that strong winds are coming, the tv would tell us to prepare.” [ line 156] throughout history, humanity has faced disasters and crises as an inherent part of the human experience. while these events may be unpredictable, significant actions can be taken in advance to mitigate the potential damage and reduce the threat they pose. (sibanda et. al, 2022). through the lens of the senior citizens’ actions, it can be seen that life security encompasses comprehensive pa ge 9 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 measures and proactive steps that are taken to safeguard the overall safety and well-being of individuals to mitigate the risks posed by any disaster. it involves a range of preparations and actions aimed at minimizing potential harm and adverse impacts that may arise. life security aims to enhance resilience and promote the overall security and well-being of a person and community as a whole. moreover, with the application of life security, the potential damages that can be brought by natural disasters such as earthquakes, storms, or floods could be significantly reduced through implementing preventive measures (undp, 2023). in addition, according to loke et al. (2012), the senior citizen’s perception and preparedness for disasters will be able to lessen damage to their well-being and the imposing threats to their lives during disaster. relationship of life security and disaster-related challenges as perceived by senior citizens as perceived by senior citizens, the results have shown that in the context of disaster preparedness, the two emergent themes demonstrate a relationship with one another. that is to say that life security is interrelated with the disaster challenges experienced by senior citizens. specifically, if life security increases, then the disasterrelated challenges decrease and vice versa. some variables compose disaster-related challenges and life security, each influencing one another. first, regarding disaster-related challenges in financial hardship, the more actions you take to secure your finances, such as through saving, the lesser the chances of financial shortages. further suggests that an individual’s financial behaviors can positively affect their financial well-being (brugeen et al., 2017; rahman et al., 2021). second, in terms of tangible damages, one can be protected from the possible risks and potential tangible damages by strongly adhering to the safety measures. this implies that through understanding and managing the risks, major disaster losses can be avoided (unddr, 2023). third, in terms of health-related issues, one must be provided with basic needs such as medicines, nutritious foods, and proper shelter to lessen the risk of aggravating diseases. as such, difficulty in meeting an individual’s basic needs negatively impacts his/her well-being (chou & chi, 2002; western & tomaszewski, 2016). finally,in terms of emotional distress, to minimize emotional distress, one must become attentive and aware of the current happenings within their surroundings, resulting in appropriate planning and management decisions. according to srivastava (2010), the psychological distress caused by disasters can either be increased or decreased by planning and management decisions, which also enhances or slows recovery. figure 3: relationship of life security and disaster-related challenges as perceived by senior citizens thus, the preparations and actions taken for life security must be able to balance the potential effects of disasterrelated challenges to maintain the safety and well-being of senior citizens in any disaster. considering that senior citizens are part of the most vulnerable group, they are disproportionately subjected to the challenges brought by any disaster, be it emotional, physical, financial, or external. therefore, taking action to prepare and reduce the potential risks brought by any disaster results in lessening the challenges related to the disaster. this is in accordance with bronfenbrenner’s ecological systems theory, which emphasizes how an individual can achieve balance with their environment or, on the contrary, how they sometimes fail to achieve balance caused by the influences on their environment (zastrow, 2010, as cited by shokane, 2019). it supports the idea that life security measures, which encompass various systems and levels of influence, can lessen disaster-related challenges. pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 it highlights the importance of considering the interconnectedness of individuals and their environment in preparing and responding to disasters, which ultimately promotes safety, well-being, and resilience. summary this study explored the lived experiences of senior citizens in any form of disaster and their corresponding preparatory mechanisms. the study’s findings revealed that senior citizens are disproportionately affected by disasters’ consequences. it was shown in the experiences of seniors that they are greatly subjected to challenges that are related to emotional distress and tangible damages. furthermore, in the wake of disaster, their most common preparatory mechanism to combat the challenges includes avoiding dangerous areas, securing potential risks, staying indoors, and installing tents. this study also found that there is a relationship between life security and disaster-related challenges as perceived by senior citizens. both of them influence one another wherein if life security increases, then the disasterrelated challenges decrease and vice versa. this is further supported by bronfenbrenner’s ecological systems theory, which highlights the importance of considering the interconnectedness of individuals and their environment in preparing and responding to disasters, which ultimately promotes safety, well-being, and resilience. conclusion the findings of this study have several implications, specifically for the community, policymakers, and researchers. first of all, the results have shown that senior citizens experience difficulty in combating disasters due to the following disaster-related challenges they encounter in the wake of disaster: emotional distress, healthrelated issues, financial hardship, and tangible damages. therefore, disaster preparations need to be strengthened and ensure that the interests of elderly people would be integrated into community disaster planning and response mechanisms. policymakers should allocate resources specifically for them, promote inclusive disaster planning and collaborate with the community to ensure effective implementation. finally, additional research is required for the evaluation and assessment of existing policies in order to address the evolving needs of senior citizens in disaster situations. references alam, k., & rahman, m. h. (2019). post-disaster recovery in the cyclone aila affected coastline of bangladesh: women’s role, challenges and opportunities. natural hazards, 96(3), 1067–1090. https://doi.org/10.1007/ s11069-019-03591-7 aldandani, a. (2010). safety and first aid manual in school laboratories. riyadh: ministry of education. almazan, j. u., albougami, a., alamri, m., colet, p. c., adolfo, c. s., allen, k., gravoso, r., & boyle, c. (2019). disaster-related resiliency theory among older adults who survived typhoon haiyan. international journal of disaster risk reduction, 35. https://doi. org/10.1016/j.ijdrr.2019.101070 aldrich, n., & benson, w. (2008). peer reviewed: disaster preparedness and the chronic disease needs of vulnerable older adults. preventing chronic disease, 5(1). https://www.ncbi.nlm.nih.gov/pmc/articles/ pmc2248769/ al‐rousan, t., rubenstein, l. m., & wallace, r. b. (2014). preparedness for natural disasters among older us adults: a nationwide survey. ame rican journal of public health, 104(3), 506–511. https://doi.org/10.2105/ ajph.2013.301559 arvidson, p. s. (2006). the sphere of attention: context and margin. http://ci.nii.ac.jp/ncid/ba76348985 bhadra, s. (2020). issues among elderly survivors and provisions of support in disaster response policies and programme in india. indian journal of gerontology, 34(4), 525-543. https://shorturl.at/dhyzp brockie, l., & miller, e. (2017). understanding older adults’ resilience during the brisbane floods: social capital, life experience, and optimism. disaster medicine and public health preparedness, 11(1), 72–79. https:// doi.org/10.1017/dmp.2016.161 bodstein, a., lima, v. v. a. d., & barros, a. m. a. d. (2014). the vulnerability of the elderly in disasters: the need for an effective resilience policy. ambiente&sociedade, 17, 157-174. https://doi. org/10.1590/s1414-753x2014000200011 bollettino, v., alcayna-stevens, t., sharma, m., dy, p., pham, p., & vinck, p. (2020). public perception of climate change and disaster preparedness: evidence from the philippines. climate risk management, 30, 100250. https://doi.org/10.1016/j.crm.2020.100250 boon, h., cottrell, a., king, d., stevenson, r. b., & millar, j. (2011). bronfenbrenner’s bioecological theory for modelling community resilience to natural disasters. natural hazards, 60(2), 381–408. https:// doi.org/10.1007/s11069-011-0021-4 bui, c. n., peng, c., mutchler, j. e., & burr, j. a. (2020). race and ethnic group disparities in emotional distress among older adults during the covid-19 pandemic. the gerontologist, 61(2), 262–272. https:// doi.org/10.1093/geront/gnaa217 brüggen, e., hogreve, j., holmlund, m., kabadayi, s., & löfgren, m. (2017). financial well-being: a conceptualization and research agenda. journal of business research, 79, 228–237. https://doi. org/10.1016/j.jbusres.2017.03.013 chan, e. y. y., & ho, j. (2018). urban community disaster and emergency health risk perceptions and preparedness. in elsevier ebooks (pp. 95–110). https://doi.org/10.1016/b978-0-12-8127117.00007-9 chiappero-martinetti, e. (2014). basic needs. in: michalos, a. c. (eds) encyclopedia of quality of life and well-being research. cho, j. y. (2019). factors affecting disaster nursing core pa ge 11 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 competencies in clinical nurses. journal of convergence information technology, 9(8), 93–101. https://doi. org/10.22156/cs4smb.2019.9.8.093 chou, k. l., & chi, i. (2002). financial strain and life satisfaction in hong kong elderly chinese: moderating effect of life management strategies including selection, optimization, and compensation. aging & mental health, 6(2), 172–177. https://doi. org/10.1080/13607860220126781 cohen, n., & arieli, t. (2011). field research in conflict environments: methodological challenges and snowball sampling. journal of peace research, 48(4), 423– 435. https://doi.org/10.1177/0022343311405698 cox, k., & kim, b. (2018). race and income disparities in disaster preparedness in old age. journal of gerontological social work, 61(7), 719–734. https://doi.org/10.1080 /01634372.2018.1489929 creswell, j. w. (1994). research design: qualitative, quantitative, and mixed methods approaches.http:// www.revistacomunicacion.org/pdf/n3/resenas/ research_design_qualitative_quantitative_and_ mixed_methods_approaches.pdf ekaputra, r. a., lee, c., kee, s., & yee, j. (2022). emergency shelter geospatial location optimization for flood disaster condition: a review. sustainability, 14(19), 12482. https://doi.org/10.3390/su141912482 engelman, a., guzzardo, m. t., muñiz, m. a., arenas, l., & gómez, a. m. (2022). assessing the emergency response role of community-based organizations (cbos) serving people with disabilities and older adults in puerto rico post-hurricane maría and during the covid-19 pandemic. international journal of environmental research and public health, 19(4), 2156. https://doi.org/10.3390/ijerph19042156 fink, g. (2016). stress: concepts, cognition, emotion, and behavior: handbook of stress series. academic press. fountain, l., tofa, m., haynes, k., taylor, m., & ferguson, s. j. (2019). older adults in disaster and emergency management: what are the priority research areas in australia? international journal of disaster risk reduction, 39, 101248. https://doi.org/10.1016/j. ijdrr.2019.101248 garai, j. (2017). mass media and climate change induced disaster risk reduction and mitigation in coastal area of bangladesh: a sociological study. in climate change management (pp. 273–292). https://doi. org/10.1007/978-3-319-69838-0_15 garcia, l. l., lapa, m. m. i. m., & palompon, d. r. (2016). surviving typhoon yolanda (haijan): experiences of older adults in a rural area in the philippines. international journal of sciences, 2(11), 1–6. https://doi. org/10.18483/ijsci.1049 gray, j., lloyd, s., healey, s., & opdyke, a. (2022). urban and rural patterns of typhoon mortality in the philippines. progress in disaster science, 14, 100234. https://doi.org/10.1016/j.pdisas.2022.100234 jachimowicz, j. m., szászi, b., lukas, m., smerdon, d., prabhu, j., & weber, e. u. (2020). higher economic inequality intensifies the financial hardship of people living in poverty by fraying the community buffer. nature human behaviour, 4(7), 702–712. https://doi. org/10.1038/s41562-020-0849-2 jordan, k. (2015). the disaster survivor’s hierarchy of needs: what every disaster mental health worker should know. american counseling association: alexandria, va, usa, 7. https://www.counseling.org/ docs/default-source/vistas/the-disaster survivor. pdf?sfvrsn=e2db432c_6&sfvrsn=e2db432c_6 kar, n. (2016, december). care of older persons during and after disasters: meeting the challenge. in kar n. care of older persons during and after disasters: meeting the challenge. journal of geriatric care and research 3(1), 7-12. https://papers.ssrn.com/sol3/ papers.cfm?abstract_id=2891469 kansai transmission and distribution (2020). preparing for a disaster-typhoon/flood. https://www.kansaitd.co.jp/english/home/teiden-info/preparation/ typhoon-flood.html kim, h. j., & zakour, m. j. (2017). disaster preparedness among older adults: social support, community participation, and demographic characteristics. journal of social service research, 43(4), 498–509. https://doi.org/10.1080/01488376.2017.1321081 laurien, f., hochrainer‐stigler, s., keating, a., campbell, k., mechler, r., & czajkowski, j. (2020). a typology of community flood resilience. regional environmental change, 20(1). https://doi.org/10.1007/s10113-02001593-x loke, a. y., lai, c. k. y., & fung, o. w. m. (2011). at-home disaster preparedness of elderly people in hong kong. geriatrics & gerontology international, 12(3), 524–531. https://doi.org/10.1111/j.14470594.2011.00778.x maac, n., & labatete, a. g. (2023). understanding on disaster preparedness of the different sectors in the selected high-risks barangays in the province of marinduque: basis for a localized disaster resilience action plan. international journal of arts, sciences and education, 4(1), 159–188. https://ijase.org/index. php/ijase/article/view/225 magee, j. c., & carmin, c. n. (2010). the relationship between sleep and anxiety in older adults. current psychiatry reports, 12(1), 13–19. https://doi. org/10.1007/s11920-009-0087-9 mekonen, e. k., degif d. t., &beyene, m. y. (2022). the effect of households financial behavior on urban poverty status in ethiopia: the case of gurage zone. cogent social sciences, 8(1), 2058679 https://doi.org/10 .1080/23311886.2022.2058679 mirowsky, j., & ross, c. e. (2001). age and the effect of economic hardship on depression. journal of health and social behavior, 42(2), 132. https://doi. org/10.2307/3090174 morrow‐howell, n., galucia, n., & swinford, e. (2020). recovering from the covid-19 pandemic: a focus pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 on older adults. journal of aging & social policy, 32(4– 5), 526–535. https://doi.org/10.1080/08959420.202 0.1759758 naderifar, m., goli, h., & ghaljaie, f. (2017). snowball sampling: a purposeful method of sampling in qualitative research. یکشزپ شزومآ رد هعسوت یاه ماگ, 14(3). https://doi.org/10.5812/sdme.67670 ngo, e. (2001). when disasters and age collide: reviewing vulnerability of the elderly. natural hazards review, 2(2), 80–89. https://doi.org/10.1061/ (asce)1527-6988(2001)2:2(80 olores, m.r., abdulhalim, k.s., diquito, t.a.j. competency assessment on disaster risk reduction and management (drrm) among senior high school students of um digos college. international journal of social sciences and human resources. 6 (1). https://doi.org/10.47191/ijsshr/v6-i1-99 oostlander, s. a., champagne-poirier, o., & o’sullivan, t. (2021). media portrayal of older adults across five canadian disasters. the international journal of aging and human development, 94(2), 234–250. https://doi. org/10.1177/00914150211024173 parker, g., lie, d., siskind, d., martin‐khan, m., raphael, b., crompton, d., & kisely, s. (2015). mental health implications for older adults after natural disasters – a systematic review and meta-analysis. international psychogeriatrics, 28(1), 11–20. https://doi.org/10.1017/ s1041610215001210 pekovic, v., seff, l. r., & rothman, m. b. (2007). planning for and responding to special needs of elders in natural disasters. generations, 31(4), 37. https://www.questia. com/library/journal/1p3-1456934141/planning-forand-responding-to-special-needs-of-elders phraknoi, n., sutanto, j., hu, y., goh, y. s., & lee, c. e. c. (2023). older people’s needs in urban disaster response: a systematic literature review. international journal of disaster risk reduction, 103809. https://doi. org/10.1016/j.ijdrr.2023.103809 rahman, m., isa, c. r., masud, m. m., sarker, m., & chowdhury, n. t. (2021). the role of financial behaviour, financial literacy, and financial stress in explaining the financial well-being of b40 group in malaysia. future business journal, 7(1). https://doi. org/10.1186/s43093-021-00099-0 rajeev, m. m. (2016). post disaster issues and challenges of elderly populations in india: experiences from natural disasters. social science, 2(3), 1-4. http://hdl. handle.net/20.500.12424/404137 red cross. (2023). staying safe after a disaster. https:// www.redcross.org/get-help/disaster-relief-andrecovery-services/safety-immediate aftermath.html red cross. (2023). survival kit supplies https:// www.redcross.org/get-help/how-to-prepare-foremergencies/survival-kit-supplies.html rueda, j. (2021). ageism in the covid-19 pandemic: age-based discrimination in triage decisions and beyond. history and philosophy of the life sciences, 43(3). https://doi.org/10.1007/s40656-021-00441-3 sanders, c. (2003). application of colaizzi’s method: interpretation of an auditable decision trail by a novice researcher. contemporary nurse journal, 14(3), 292302. https://doi.org/10.5172/conu.14.3.292 shokane, a. l. (2019). social work assessment of climate change: case of disasters in greater tzaneen municipality. jàmbá: journal of disaster risk studies, 11(3). https://doi.org/10.4102/jamba.v11i3.710 siam, m. r. k., wang, h., lindell, m. k., chen, c., vlahogianni, e. i., & axhausen, k. w. (2022). an interdisciplinary agent-based multimodal wildfire evacuation model: critical decisions and life safety. transportation research part d: transport and environment, 103, 103147. https://doi.org/10.1016/j. trd.2021.103147 sibanda, w., mukwada, g., & hansen, m. (2022). disaster (un)preparedness under cyclone idai: revisiting women activities in water and sanitation at tongogara refugee camp, zimbabwe. cogent social sciences, 8(1). https://doi.org/10.1080/23311886.2022.2137964 speziale, h. s., streubert, h. j., & carpenter, d. r. (2011). qualitative research in nursing: advancing the humanistic imperative. lippincott williams & wilkins. srivastava, k. (2010). disaster: challenges and perspectives. industrial psychiatry journal, 19(1), 1. https://doi.org/10.4103/0972-6748.77623 sowman, m., & raemaekers, s. (2018). socio-ecological vulnerability assessment in coastal communities in the bclme region. journal of marine systems, 188, 160– 171. https://doi.org/10.1016/j.jmarsys.2018.01.008 tessier, s. (2012). from field notes, to transcripts, to tape recordings: evolution or combination? international journal of qualitative methods, 11(4), 446–460. https:// doi.org/10.1177/160940691201100410 tierney, k. j. (2019). disasters: a sociological approach. https://openlibrary.org/books/ol29420390m/ disasters united nations development programme. human security and natural disasters.https://hdr.undp.org/ content/human-security-and-natural-disasters united nations high commissioner for refugees. older persons. https://emergency.unhcr.org/protection/ persons-risk/older-persons veldhuis, m. t. (2011). how the choice of flood damage metrics influences urban flood risk assessment. journal of flood risk management, 4(4), 281–287. https://doi. org/10.1111/j.1753-318x.2011.01112.x western, m., & tomaszewski, w. (2016). subjective wellbeing, objective wellbeing and inequality in australia. plos one, 11(10), e0163345. https://doi. org/10.1371/journal.pone.0163345 yarmohammadian, m. h., akbari, f., niaraees, a., & rezaei, f. (2023). elders in natural disasters: community-based health organization (cbho) education and preparedness. pubmed, 12, 153. https:// doi.org/10.4103/jehp.jehp_381_22 zagorac, i. (2017). what vulnerability? whose pa ge 13 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 1-13, 2024 vulnerability? conflict of understandings in the debate on vulnerability. facta universitatis, 15(2), 157. https://doi.org/10.22190/fulp1701157z zhu, x., & sun, b. (2018). recognising and promoting the unique capacities of the elderly. international journal of emergency management, 14(2), 137. https:// doi.org/10.1504/ijem.2018.090883 pa ge 1 pa ge 34 american journal of society and law ( ajsl) impact of covid-19 pandemic on legal professionals in bangladesh: a study findings in dhaka city md. harunur rashid1* volume 3 issue 1, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i1.2907 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: march 24, 2024 accepted: april 21, 2024 published: april 24, 2024 this article is focused on the various consequences of the covid-19 pandemic on legal professionals in bangladesh. it is a primary data-based study findings. it strives to explore the socio-economic and psychological conditions of legal professionals, especially in dhaka city, the capital of bangladesh. like many other countries, bangladesh has also faced severe critical factors due to this global pandemic. because of covid-19 nationwide lockdown was imposed from 26th march to 30th may 2020, extending several times. the upshots of the nationwide lockdown impacted the daily life of all people in different categories not only in bangladesh but all over the world. during emergencies, all professionals have to maintain the code of conduct while serving the client, managing appointments, and working with a limited workforce due to illness and isolation of the needed force were not accessible by the legal profession in the covid-19 era. in that situation, those who are engaged with faced many challenges as gathering on court premises, lack of social distance, and carelessness about themselves. it hampers their professional worth and falls them into a stressed situation. keywords legal professionals, dhaka city, socio-economic, psychological impact 1 department of social services, agargaon, dhaka, bangladesh * corresponding author’s e-mail: mhrashid81@gmail.com introduction the effects of coronavirus have affected all businesses, service providers, and professionals. the world health organization (who) announced covid-19 as a global pandemic on march 11th, 2020, spreading globally. the situation was getting out of reach and more than 84,187 deaths alone in the usa (who, 2021). bangladesh has also faced severe critical issues due to the global pandemic. social, psychological, and economic challenges for legal professionals in bangladesh have been explored in the study. in fact, legal professionals faced challenges in their practice due to the pandemic and nationwide lockdown. in this period, the client’s demands and conducting responsibilities are not easy for legal professionals. legal professionals have to take new initiatives and strategies to work in that situation and run the services. after analyzing the information, different social, psychological, and economic impacts on legal professionals have been explored. the professionals maintain the code of conduct during emergencies while serving the clients. the main focus of the research is to analyze these impacts on the legal professionals of bangladesh and recommend possible solutions to avoid challenging issues or situations. the legal professionals are unable to manage the appointments and work with limited staffing due to illness and the isolation of the needed workforce. all the factors related to the lockdown have an impact on serving the clients. how they manage the effects have been explored and analyzed through this study. in this article, the challenges of practicing legal work are analyzed in this article. rationale of the study firstly, scholars have studied the effects of covid-19 from different perspectives throughout the world (who, 2021). many literatures and studies have found about the social, economic, and psychological impacts of corona virus on various working groups such as corporate workers, health professionals and other communities but there is done limited studies on legal professionals of bangladesh. so, it is necessary to do research on legal professionals of bangladesh especially in dhaka city. secondly, covid-19 affects almost all the sectors of our personal and professional life. but the impact of covid-19 is severe and significant in some specific sectors like legal professionals. scholars should conduct a systematic study on the vital sectors of legal professionals as they are the important part of our legal system. how much they are suffered from the impacts of covid-19 is a matter of study (kabir, m. a., islam, m., & bapari, m. y, 2017). thirdly, in what way the legal professionals are suffered from socially, psychologically and economically is a matter of research. it should be diagnosed, what is the highest impact of covid-19 on legal professionals (islam, m. z., & kabir, m. a., 2024). lastly, about 30% of people have gone under the poverty line that was not poor before this pandemic. absolute impoverishment, identified as living on less than $1.90 per day, is expected to impact 9.1% to 9.4% of the global population in 2020 (world bank group). this study will be done for the depiction of the poverty situation of legal professionals. and how this poverty arises their psychological problem and mental dilemma is a matter of study. literature review the first covid-19 case was confirmed on 8 march pa ge 35 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 34-39, 2024 2020 in bangladesh. a nationwide lockdown was imposed from march 26 to may 30 of that year. it extends several times. the effects of the nationwide lockdown impacted the daily life and official works of all professionals, including the legal professionals in bangladesh. it hampers the healthcare system. insufficient medical facilities, unconsciousness, and sharing of information in the mass media in most of cases have occurred to legal professionals fear and anxiety. the present study intends to analyze to get an idea of the social, psychological, and economic impacts of the covid-19 pandemic on legal professionals (islam, m. z., & kabir, m. a., 2024). this study follows the research report, literature, and studies on the effects of covid-19 (uddin, m. e., kabir, m. a., & akter, s., 2022). scholars have studied the effects of covid-19 from different perspectives throughout the world (uddin, m. e., wahab, g. a., & kabir, m. a., 2022). this study portrays human behavior, social relations, and the living conditions of legal professionals in their personal life and their practice fields. in this connection a study conducted by (sumaiya quaiyum, rajesh das, and md rabiul islam), the study revealed that due to covid-19, the mental health of health professionals is severely affected. this study is prepared from bangladesh’s perspective and it identified that healthcare professionals are suffering from loneliness, depression, anxiety, and sleep disturbance. legal professionals also suffer from psychological problems. an international conference was held titled “the impact of the covid-19 pandemic in the legal field.” these findings reveal the impact of covid-19 on the legal professions, human rights infringements and entry regulations on border closures during covid-19, women, and children violence during the pandemic (valeria saladino1, davide algeri2 and vincenzo auriemma, 2020). dr. sumaya khair and dr. farmin islam, professors of law, university of dhaka; dr. faustina pereira and shahriar sadat, professors of brac university; dr. a.k.m emdadul hauqe, deputy secretary to government of bangladesh, ministry of law, justice and parliamentary affairs were present in that conference. participants said that due to the corona virus infection, the obligation of judges and lawyers to wear black coats or gowns in the high court of bangladesh had been relaxed for the time being. the thought has settled the obligation to wear a black coat that lawyers and judges wear on white shirts can be challenging to disinfect every day. traditionally, the dhaka bar association, the largest bar association in asia, has played a pioneering role in tackling the plight of the bar association. the various reports and studies published that the dhaka lawyers association carries out various activities in this period. the dhaka bar association paid tk. 20,000 to each person during the coronation period (correspondent staff, the daily star, 2020). corona has already created the most significant economic downturn in the legal profession’s history. all types of cases, including corona virus infection, are being tried in the country’s lower courts (begum, m. f., kabir, m. a., & islam, m. j., 2022). witnesses from different parts of the country come to the court to testify. keshab roy chowdhury, general secretary of the bangladesh law association, said in the first light, “i have seen in the newspaper that the association has been called to limit the activities of the court due to the large number of people including lawyers seeking justice in the lower courts.” on 19 march 2020, bangladesh’s chief justice syed mahmud hossain ordered not to present the accused in court, including not appearing in court from jail. he asked the court to grant the accuser’s application for non-appearance. but it did not provide any immediate stay on the pending cases. as a result, a study of the literature reveals that the impact of covid-19 is severe in four distinct sectors: economic, social, healthcare, and psychological perspectives. other unique and examined consequences are generated by the items in all of these sectors, which are also found within those reviews. however, the studied material was not written for legal practitioners. there has been little research on the influence of covid-19 on legal practitioners. the above discussion is focused on the practice-changing pattern of legal professionals practicing in the pandemic period. operational definition of the terms covid-19 corona virus causes illnesses ranging from the common cold to severe diseases. a novel corona virus (ncov) is a new strain that has not been previously identified in humans. in this study, social impact is measured by the indicators such as social status, and relationship with family members and relatives, and psychological effects are measured by stress, mental health, etc. whereas economic impact is measured by job loss, salary decreases, and shortage of dealing clients. legal professionals a legal professional or practitioner is a graduate of law, registered by the bar association, and has practiced in the legal profession for at least five years. he is an agent of his/her client and an officer of the court at the same time. an advocate has a responsibility to his client as well as to the court. the lawyer’s role is both to uphold the rule of law and serve the community in the administration of justice. in fulfilling this role, lawyers are not obliged to serve the client’s interests alone but also the country as well. the crisis of coronavirus has already impacted the national business and service sectors. legal professionals are bound to visit court limitedly and fewer travel levels also affect client visits and communication. the supreme court bar association (scba) has decided to provide interest-free loans to law professionals who are in need of financial support to keep up with the economic pressure stemming from the ongoing coronavirus pandemic. the decision was taken at a pa ge 36 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 34-39, 2024 meeting of scba’s executive committee. the meeting was held at the association’s office on the supreme court premises. scba president advocate am amin uddin chaired the session. “we have decided to provide interestfree loans for three years to those members who are not affluent enough to tackle the (economic) crisis caused by the coronavirus outbreak. we have already created a fund of tk 50 lakh for this purpose,” scba secretary barrister md ruhul quddus kazal told the daily star. he said the scba office invites applications and the maximum loan amount will be decided later (sumaiya quaiyum, rajesh das, and md rabiul islam). objectives of the study the general objective of the study is to find out the social, psychological, and economic impact of covid-19 on legal professionals. for attaining general objectives some specific objectives are taken to understand the socio-demographic and economic profile of the legal professionals to unveil the psychological dilemma of the legal professionals and their attitude toward family and society during the covid-19 period. some suggestions will be brought out to minimize the problems. methodology the study advanced with a qualitative approach with verbatim techniques. dhaka city is the study area as there are almost 25000 lawyers in dhaka judge court and nearly 9000 lawyers in supreme court. each of them was regarded as a unit of the study. to ensure the variety in the cases eighteen samples were selected considering socio-economic background including both males and females. among 18 cases only four cases are presented deliberately in this article. but, in the section on findings, all 18 cases are included. 18 respondents taken from the people by probability sampling (purposive sampling) which refers to selecting an example on a random basis in which equal probabilities in terms of gender and age have been ensured. to collect data unstructured interview schedule and open-ended questions are used as openended questions allow the respondents to freely express their facts, opinions, behavior, reaction, etc. in the interview, respondents are asked about their age, sex, the monthly number of clients, family income, and economic, psychological, and social impacts of the covid-19 pandemic, which is associated with victimization. data is collected through the interview schedule mainly. for this in-depth interview, face-to-face interviews and telephone interview is used as techniques. data is collected directly from the respondents. the data is collected over a month. as the sample size is 18, data is collected by nine respondents from dhaka judge court and nine respondents from supreme court. as a result, the data are representative, and the validity, reliability, and acceptability are conformed. case study findings some cases are presented in the following para. case one noura binte alam is a 34 years old married woman. her husband is 42 years old. they have two sons, aged 12 years and five years old. she is practicing in dhaka judge court. generally, she gets tk. 80,000.00 over a month as law professionals, but during covid-19, many of her clients decreased during this lockdown. they all are frustrated during lockdown with unknown fear. maintaining a family with professional life was never easy. her income became very poor, so she was helpless as she had to contribute to her family and parents. “during the lockdown, i needed money for my father’s operations, but i had no money at that time. i was in deep tension where to get money and at last lawyers association gave me 1 lac money as loan” added noura. her husband had a business but due to the lockdown, he lost his income source and totally depended on her, so family violence occurred, and her husband’s social status became lower down. he faced many psychological problems. noura said “sometimes he behaved inhumanly and strangely.” case two adv. rifayet ashraf is a 42 years old person who is having a difficult time during the lockdown. mr. ashraf is a senior legal professional. “i have been practicing for 16 years and am currently practicing in the dhaka judge court during the pandemic, clients had decreased radically. i was perplexed for two months because i didn’t get any cases. i had not enough money to support the family.” he had to stay at home. he was supposed to pass his time with her wife and children. sometimes wife and children asked for different things. his wife used to do online shopping but at that time he had not that type of ability to facilitate her, so they quarreled with each other. “one day i abused her physically severely and so she went to her father’s house and threatened divorce” he added. however, as time passes, the number of cases increased, and his earnings also increase but it was not the same as before. case three joy deb nath is a 35 years old lawyer who works in the supreme court. he has had several difficulties conducting legal services during the pandemic. first and foremost, because “i am unfamiliar with online hearings, i cannot comprehend how to conduct hearings and interact with my clients. during this time, my daughter, who is in class 9, assists me but it was very difficult. my income was decreasing day by day. so, family violence occurs, and i was obliged to move to my hometown.” the level of social violence rises slightly, but solely due to the ongoing lockdown. according to joy, social violence was raised during the lockdown. he quarreled with her wife several times due to the economic condition of the family. he could not bear his children’s educational expenses and other expenses of the family so along with his family he had to move to his hometown. it brought psychological trauma to his children and wife as they were habituated to living in the capital city. pa ge 37 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 34-39, 2024 case four adv. salman ahmed is another person who faces many difficulties during the lockdown. mr. salman is a senior law professional, “i am practicing for 10 years in this profession and currently practicing in dhaka supreme court, the number of clients decreased during the pandemic. i didn’t get any cases for two months, and i was puzzled during those months to run the family”. but now time is changing, and the number of cases also increased. he mentioned that it doesn’t impact the relationship during the pandemic instead, bodings become stronger with children during this lockdown. “i always took safety measurements in courtrooms, but it is impossible to maintain hygiene in cmm court, as it always stays crowded,” salman added. overall, they all are frustrated during lockdown with unknown fear. maintaining a family with professional life was never easy. case five akter hamid (54) is a senior advocate in dhaka judge court. he is one of the prominent lawyers in bangladesh. he said during the covid-19 period, especially when the government announced the lockdown, cases became incredibly low. he said “i have little knowledge about online platforms. i was puzzled as i could not familiar with online streaming. so, conducting online hearings was a bolt from the blue to me. there are some fellow mates to me who also face the same complicated situations”. he added that “i faced many hurdles due to my low income as i didn’t keep pace with the new virtual system. it brings a rapid negative change in my lifestyle so, i have to live from hand to mouth.” jamal ahmed said his status deteriorates. he was unable to bear the family expenses properly so there is a conflict among the family members. he has to reduce gathering into a different program. he always takes safety measures in courtrooms for his safety. maintaining safety always was a challenge for him as he has many respiratory diseases. analysis of the findings after analyzing data in the above part of the discussion it is clear that covid-19 puts a number of effects on legal professionals. the data from the interview also demonstrated the social, economic, and psychological effects of covid-19 on legal professionals in bangladesh. social impact of covid-19 on legal professionals from the analysis of the information of the respondents we get social status become lower because many legal professionals are leaving dhaka city and compromising their social status, social violence has increased particularly women harassment and torture have increased, and cases of social violence and divorce have increased (khanam, s. j., & kabir, m. a, 2023). here, all the respondents expressed a negative view except a positive social effect of covid-19 is identified from the opinions of some respondents. about 40 percent of respondents expressed this type of opinion (islam, m. z., & kabir, m. a., 2024). in bangladesh, the majority of families in dhaka are nuclear families. dependence on a single individual does not deplete the other family members. as a result, their connection with his other family members remained unchanged. some newly graduated legal professionals have a negative influence on their families. in the worst-case scenario, they would have to return to their hometown (uddin, e., wohab, a., kabir, a., & kobra, k. , 2024). the economic impact of covid-19 on legal professionals from the analysis of the information of the respondents, we get monthly income decreases by at least 50% for every legal professional with a reduced number of clients. but their daily expenses are gradually increasing day by day. it has been reduced to one-third for average legal professionals, delayed payments from clients and government boards, and shut down of private chambers and consultancy farms. these factors come out in negative forms from the opinions of all 18 interviewees. all the respondents have gone through at least one of these factors or all during the pandemic. the finding shows that persons in the middle and lower middle classes suffered the most during the pandemic. they are concerned about the post-pandemic environment, despite having some minor funds. on legal practitioners, a similar effect might be found. longerserving legal professionals are less trouble dealing with the pandemic crisis because of their work expertise and length of service. clients of experienced lawyers are more devoted, regardless of their social situations. as a result, despite the pandemic, the experienced ones received the money in their account. new lawyers, on the other hand, had to struggle financially due to a lack of savings. despite the fact that they could survive the pandemic, their minds were filled with a great deal of violence spiked during the pandemic. as a result, the number of police cases. as a highly populated country, any form of financial crisis causes a rise in violence. during the pandemic, lawyers could run their businesses online. they could even handle case hearing via the internet. as a result, experienced lawyers had a much lower financial impact. with their own influence, they could even go to their office according to their need. the psychological impact of covid-19 on legal professionals according to the information provided by the respondents, boredom, depression, and anxiety grow with the length of time spent at home, as does the probability of selfharm or suicide, psychological strain impacts family relationships, and long-term psychological susceptibility. they all expressed their dissatisfaction with the situation. covid-19 has a significant impact on legal practitioners, with 95% negative consequences. covid-19 has had detrimental effects on legal professionals’ economic, pa ge 38 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 34-39, 2024 social, and psychological aspects, according to the interviews with professionals who were recognized by covid-19. it alters their economic range, degrades their social standing pattern, and worsens their psychological position. they are afraid of their lives as well as constraint of the normal practicing in the court premises. so, their income and normal living conditions are not fluctuating in these circumstances the respondents are in most cases traumatic conditions. although they mentioned some beneficial benefits, such as closeness with family members, natural rejuvenation, and a new working system structure, they all agreed that covid-19 has had a bad impact on the overall scenario. the same has been discovered in this report. above all, they do not anticipate another pandemic catastrophe that radically alters their daily professional and personal life. challenges of legal professionals in the pandemic period there are so many challenges of legal professionals, some challenges are mentioned here: individual level at the individual level, a person has to suffer a lot and has to struggle for survival. a legal professional has to face many problems and suffers a lot. he has limited or no income at that time. he faces difficulties in maintaining family affairs. sometimes a legal professional has stopped his children from school because of high expenses. in many cases, they are unable to afford nutritious food for family members because of low income which leads to a psychological dilemma. personal relationships are distorted among family members. as an individual, a legal professional endures more. practical and professional field in the professional field, their suffering is notable as there was a reduced number of clients. the court was closed in the first phase then the virtual court started. the aged lawyer faced problems because of the introduction of the new system as they could not adapt to the system. moreover, the clients are also new to this system, and some were uneducated as well, so problems are persisting both among legal professionals and the clients. so, there are limited clients and limited income. these reduced earnings led to their social standard degrading, so they faced economic and psychological problems. there were 18 people that take part in the interview for the study the respondents ranged in age from 30 to 60 years old, and the average number of family members was four for each respondent. the number of clients and the amount of money earned vary depending on the lawyer’s age and experience. the same questions are posed to all the respondents, and the responses are practically identical. to assess the survey, each respondent is asked roughly 13 questions. recommendations this study has analyzed the effects of covid-19 on legal professionals in dhaka city. it is the responsibility of the government and the authority of the supreme court to help legal professionals in order to overcome the harmful effects of covid-19. in developed countries, governments and respective authorities have undertaken various programs and packages to protect their legal professionals from the severe effects of this pandemic. our government has also undertaken a such project for mass people, but we think that there should be a separate package for legal professionals. in accordance with the steps taken in other countries to protect legal professionals, we are providing here some suggestions to help our legal professionals to overcome this pandemic situation. separate stimulus package for legal professionals the usa has declared their stimulus package named cares, in which there is a specified amount of monetary package for the assistance of legal professionals of their country. they announced $7.5 million to support the federal courts and their staff. this amount will provide financial aid to legal professionals and use in us supreme court to enhance its teleporting capability. we also identified the lack of efficient technology in conducting virtual courts during the lockdown in our country. this type of combined package is necessary for our legal professionals to reduce the adverse effect of covid-19 on their individual and professional lives. recovery loan scheme by the government for legal professionals uk announced rls on 6th april 2021 for lawyers whose private business or consultancy chamber has been closed down during the pandemic. this scheme will help them to restart their business. our country can initiate this type of scheme. financial assistance from supreme court bar association in our neighboring country india, supreme court bar association is providing an ‘interest-free loan’ of tk. 25000 for its members repayable in 2 years. in our country, supreme court bar association can undertake this type of initiative. providing mental support and training this report found that our legal professionals have faced problems in using modern technology in virtual hearing and courtroom systems. a training system can be initiated in this regard. a mental support center in the court building can be established to provide counseling to lawyers who are mentally distressed because of depression. this set of suggestions can be helpful for legal pa ge 39 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 34-39, 2024 professionals in fighting against the effects of covid-19. already the normal activities of the supreme court have been started. it can be wished that our legal professionals will soon overcome this situation. although this study provides information about the socio-economic and psychological effects of covid-19 on legal professionals. this report has some limitations. the study area is only dhaka city, so this study is not robust to demonstrate the original scenario of the effects of covid-19 on legal professionals. this study is conducted in a limited scope however it has identified the adverse effects of covid-19 on legal professionals. they are harmed financially, socially, and psychologically. nonetheless, this study will help to create awareness among our scholars and policymakers to take the necessary initiatives to resolve the issue. conclusion according to the research findings, legal professionals are primarily impacted financially and mentally. because they are uncertain in the job field. since societal violence escalated their life and relationship during the epidemic period. though they managed to do their work on an online platform their economic standard was drastically changed which bring misery to their lives. the message of this study is unmanageable client dealings, and it is counted for the pandemic situation. in the prevailing circumstances, every professional is alert about their duties and responsibilities in this connection. moreover, the study finds the worst situations and hazards of the professionals dealing with the client. references begum, m. f., kabir, m. a., & islam, m. j. (2022). reproductive health knowledge with academic context: a study on teenaged high school girls of pabna municipality, bangladesh. american journal of multidisciplinary research and innovation, 1(3), 52-56. correspondent staff, the daily star. (2020). scba to provide interest-free loans to lawyers in need. the daily star. the daily star. islam, m. z., & kabir, m. a. (2024). understanding motivations behind covid-19 vaccination uptake: insights from a cross-sectional study in northern bangladesh. american journal of multidisciplinary research and innovation, 3(1), 20-28. kabir, m. a., islam, m., & bapari, m. y. (2017). a study on using contraception in dhaka city: a scenario from slum area. asian journal of humanity, art and literature, 4(2), 131-140. khanam, s. j., & kabir, m. a. (2023). anaemia and its determinants among pregnant women attending for accessing antenatal care in dhaka, bangladesh. american journal of multidisciplinary research and innovation, 2(5), 77-83. sumaiya quaiyum, rajesh das, and md rabiul islam. (n.d.). science progress 2021, 104(2) 1–18 the author(s) 2021 article reuse guidelines: sagepub. com/journals-permissions. https://doi.org/ 10.1177/00368504211026409 journals.sagepub.com/ home/sci. uddin, e., wohab, a., kabir, a., & kobra, k. . (2024). family income inequality and primary math achievement in bangladesh: role of parental material and non-material investment. in socio-economic implications of global educational inequalities. 184-208. uddin, m. e., kabir, m. a., & akter, s. (2022). sociocultural status and verbal behavior between muslim and santal couples in bangladesh. asian journal of sociological research, 56-67. uddin, m. e., wahab, g. a., & kabir, m. a. (2022). comparison of status assignment between muslim and santal communities in rural bangladesh. asian research journal of current science, 246-252. valeria saladino1, davide algeri2 and vincenzo auriemma. (2020). the psychological and social impact of covid-19: new perspectives of well-being. frontiers in psychology, 11. https://doi.org/10.3389/ fpsyg.2020.577684. who, c. v.-1. (2021). available online at: https:// covid19.who.int/dashboard. who. pa ge 1 pa ge 11 american journal of society and law ( ajsl) cybercrime: a phenomenon challenging criminal justice: a legal analytical study bahra taher1, tavga abbas towfiq1, kawar mousa1* volume 4 issue 2, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i2.6145 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: september 20, 2025 accepted: october 24, 2025 published: november 20, 2025 cybercrime is emerging as a significant global challenge, particularly threatening the security and stability of societies in the arab world and beyond. the ease with which these crimes can be committed online makes them tough to detect, investigate, and prosecute. this study delves into the key hurdles that arab nations encounter when trying to tackle cybercrime. a major issue is the lack of comprehensive legal frameworks in place. additionally, many countries struggle with poor cooperation amongst themselves, coupled with a general public that lacks sufficient awareness of cyber risks. there’s also a notable shortage of trained professionals in the cybersecurity field, not to mention an underdeveloped technical infrastructure. all these factors combined create a challenging environment for effectively preventing, investigating, and holding offenders accountable. to combat these challenges, the research recommends several vital actions. first, strengthening international collaboration is crucial since cybercrime recognizes no borders. raising public awareness through educational initiatives and media campaigns is also essential for equipping individuals and organizations with the knowledge they need to spot and fend off cyber threats. furthermore, investing in specialized training programs for investigators and cybersecurity professionals will bolster law enforcement’s effectiveness. enhancing national infrastructure from digital forensics capabilities to cybersecurity systems is imperative for effectively detecting and reacting to cyberattacks. in the end, tackling cybercrime demands a cohesive effort from governments, institutions, and individuals alike. by implementing robust legislation, promoting cooperation, increasing public education, and building technical expertise, arab countries can pave the way for improved digital security and stability. keywords crime prevention, cybercrime, digital security, international cooperation, legal challenges 1 department of international law, near east university, nicosia 99138, north cyprus, via mersin 10, turkey * corresponding author’s e-mail: kawarmohammed.mousa@neu.edu.tr introduction cybercrime is a very sophisticated and highly advanced threat with which contemporary societies from all over the world contend. the increased usage of computer technology, internet communication, as well as crossborder transfers of data, created new prospects for criminality occurring within a few minutes across borders (sun, 2011; al-kaabi, 2020). they are eroding well-established criminal principles of law along with jurisdiction as well as investigation methods. the context is quite critical in the arab region, because the rapid transformation of the virtual reality world has not been matched by proper models of legislation and institutions (gomaa, 2021; atrey, 2023). cybercrime does not just threaten individuals; it threatens national security, financial stability, and faith in justice systems. despite numerous global conventions, such as the budapest convention on cybercrime (2001) and the arab model law to combat the misuse of information and communication technology (2003), the majority of arab countries remain afflicted with outdated law, weak enforcement authorities, and a lack of judicial expertise (ababneh, 2005; al-husseinawi, 2012). as a result, perpetrators are allowed to operate with impunity, while victims find it very difficult to get justice (amoo et al., 2024). although numerous studies have examined the problem of cybercrime, there remains a great shortfall in legalanalytical studies that comparatively assess regional models and determine the level to which arab legal systems, i.e., iraq and lebanon, align with international requirements (abdel aal, 2021; udofa, 2020). most available literature is technical or criminological and fails to address the legal aspect. other recent works by e-palli researchers further indicate the need for interdisciplinary collaboration between legal specialists and informationsecurity experts for better regional counter-cyberattack measures (hassan & al-otaibi, 2023; rahman & elsayed, 2022). this research aims to fill this gap by conducting a doctrinal and comparative legal analysis of cybercrime law and court practice in selected arab nations. it identifies substantive and procedural issues, assesses the effectiveness of current legal policy, and recommends reforms strengthening criminal-justice responses to cybercrime (khamaiseh & krim, 2024). the study is guided by the following guiding questions: 1. what are the primary legal and procedural barriers to dealing with cybercrime in the arab world? 2. to what extent are the current national frameworks, including iraq and lebanon, better than international standards in law? 3. what can reform and cooperative efforts do to enhance the capacity of criminal-justice institutions to respond to cyber challenges? by posing these questions, the research helps in additional pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 11-14, 2025 regional and global efforts towards a more secure, more equitable, and technologically safe society. literature review cybercrime is evolving rapidly across the globe, exploiting the borderlessness and facelessness of the internet to target individuals, organizations, and states. scholars agree that even as technology has expanded at a record-breaking rate, legal and institutional mechanisms have not kept pace (al-kaabi, 2020; sun, 2011; hamid, 2020). this imbalance has strained traditional legal notions of territoriality, jurisdiction, and proof to their limits, which were originally designed for crimes within the confines of national territories (gomaa, 2021). early research in the arab world was primarily interested in criminalizing bad behavior on the internet through law (ababneh, 2005; abdullah, 2007). but as more studies emerged, it was clear that some arab countries had tackled the matter only partially. their law often did not contain procedural means of investigation, gathering electronic evidence, and international cooperation (al-husseinawi, 2012). although the arab model law to combat the misuse of information and communication technology (2003) was a remarkable regional success, its implementation remained uneven across member states (al-antali, 2018). comparative legal research shows that the european nations that became parties to the budapest convention on cybercrime (2001) have set up wide-ranging digital forensic mechanisms, international cooperation, and expert courts of cybercrime (hewling, 2013; udofa, 2020). meanwhile, nations like iraq and lebanon continue to enforce generic penal codes that never intended to address crimes that are committed over the internet (makkawi, 2010; hamid, 2020). such disparity denies investigators and prosecutors with adequate legal standards and technical support. other researchers identify the growing need for integrating cybersecurity governance and digital-forensics training in criminal-justice agencies (jackson, 2017; faizullah, 2005). recent research by e-palli publishers presents that cybercrime prevention is more than feasible using punishment alone it requires enhanced legal capability, inter-agency cooperation, and judicial sensitization (hassan & al-otaibi, 2023). rahman and el-sayed (2022) also contend that arab countries require integrated reforms for congruence between domestic law and international standards in order to achieve justice and accountability in the cyber age (hunton, 2009). from this expanding corpus of work, there are two key gaps. first, the majority of previous research views cybercrime in a technical or criminological framework and overlooks the legal-analytical framework for assessing the sufficiency of laws and institutions. secondly, there are few comparative studies that provide analyses of the application and interpretation of international conventions by arab states. addressing such lacunae, the present study provides a comparative doctrinal examination of iraq and lebanon, analyzing legislative weaknesses, judicial co-operation, and the emerging role of criminal policy in combatting cybercrime (abubakar, 2023). materials and methods the study adopts a comparative legal research and doctrinal methodology to explore how arab legal systems, specifically those of iraq and lebanon, are reacting to the new trend of cybercrime. the aim is to analyze the adequacy of current legislation, compare their conformity with international legal instruments, and determine challenges hindering effective criminal-justice responses (li, 2017). research design the doctrinal methodology was applied in examining primary sources of law, for example, national penal codes, cybercrime laws, and case law, with secondary sources of law such as scholarly articles, theses, and international treaties. this allowed the organized examination of the substantive and procedural elements of cybercrime in a legal context (gomaa, 2021; hamid, 2020). comparative approach comparative methodology was used between iraq and lebanon because the two nations have similar legal traditions based on civil-law systems but vary in the rate of legal modernization. comparison helps to shed light on how differences in legislation and practice within institutions affect the prosecution and prevention of cybercrime (al-antali, 2018). applicable international and regional tools mainly, the arab model law (2003) and the budapest convention on cybercrime (2001) were also reviewed for adoption and influence on national models. data collection and sources the study relied exclusively on qualitative data drawn from: primary sources official documents released by arab ministries of justice, criminal codes, cybercrime acts, and constitutions. secondary sources monographs, journals, doctoral and master theses, and research reports by reputable publishers, including e-palli publishers (hassan & al-otaibi, 2023; rahman & elsayed, 2022). these sources were identified through targeted searches in scholarly databases and legal depositories for comprehensive discussion of theoretical and practical aspects of cybercrime law. data analysis content-analysis was employed as a method of synthesizing and interpreting legal documents as pa ge 13 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 11-14, 2025 well as scholarly opinions. the approach enabled the identification of universal legal loopholes, policy loopholes, and procedural problems in prosecuting cybercrime crimes. focus of analysis was placed on national laws and international cooperation platforms, and judicial and institutional capacity in combating cybercrime. ethical considerations because the research is only using legal and document sources, the research did not involve any human subjects. academic honesty, however, was maintained through correct citation, credits to all the sources, and adherence to research-ethics standards in intellectual property and openness. results and discussion a comparison of legal documents, international documents, and scholarly research revealed several key findings about legal and institutional responses to cybercrime in arab countries, namely iraq and lebanon. the following findings are thematically organized to show the ways in which legislative and procedural inadequacies sabotage criminal justice system effectiveness in combatting cybercrime. legislative challenges the study finds that the absence of well-rounded and specialist cybercrime laws remains a central issue both in lebanon and iraq. while incomplete legislative responses have been enacted as limited amendments to penal codes and information-technology laws, these are disparate and obsolete (ababneh, 2005; hamid, 2020). for instance, today’s iraqi law would prefer that cyber-crimes be treated as mere appendages of the conventional offensiveness of fraud or theft, and not independent digital offences. similar to the current lebanese system, which focuses primarily on electronic payments and protection of privacy, there are huge loopholes in cyber-hacking, data intrusions, and cyber-terrorism (gomaa, 2021). these loopholes contrast with the budapest convention on cybercrime (2001), which specifies offences and precise jurisdictional and procedural structures for international cooperation. the findings therefore validate earlier research indicating that the arab legal systems are unable to cope with the transnationality and intricacy of cyber threats (al-kaabi, 2020; udofa, 2020). procedural and institutional gaps the study also pinpoints considerable procedural gaps in investigation and prosecution of cybercrimes. most of such arab nations as iraq and lebanon lack special cybercrime courts along with prosecutorial offices, thereby suffering delays, subpar technicalknowledge, as well as adjudications discrepancies. examiners also lack digital-forensics equipment as well as proper education on digital-evidence collection as well as preservation (hewling, 2013; jackson, 2017). the lack of inter-agency cooperation also undermines enforcement further. it is extremely difficult to detect cyber-offenders with or without centralized databases/intime liaison within law-enforcing authorities. all these are consistent with existing regional research which identified that procedural inefficiency undermines even successful laws (rahman & el-sayed, 2022). international cooperation and cross-border enforcement another important finding is with regards to a lack of international cooperation on fighting cybercrime. in spite of regional implementation of regional mechanisms such as the arab model law (2003), there is disparity in its implementation among member states, while the institutions that are supposed to coordinate are mostly on paper. iraq and lebanon are not fully in sync with national laws up to the procedural structures promoted by the budapest convention (al-antali, 2018). this absence of connectivity is an obstacle for bi-lateral cooperation in law, extradition, as well as trans-border transportation of evidence which are highly necessary for prosecuting cross-border crimes. the report confirms that despite european as well as north american countries having multi-jurisdiction platforms of cooperation, arab countries are still dependent on sluggish bi-lateral instruments that are politically restrained (hassan & alotaibi, 2023). comparative insights: iraq and lebanon the comparative analysis is that both lebanon and iraq share the same structural vulnerabilities with variations in institutional maturity and implementation. the iraqi cybercrime combating mechanism is disrupted by two overlapping ministries’ powers, while lebanon suffers from political fragmentation that stalls legislative update. iraq has only registered progress in training programs for lawenforcement agencies, while lebanon attempted to protect online privacy at the expense of updating prosecution mechanisms (makkawi, 2010; al-husseinawi, 2012). these differences demand context-specific modification. iraq would probably gain most from overt investigation procedures, whereas lebanon would gain from legislative renewal combined with further judicial expertise. there is a common requirement to both countries, though, for a broad regional vision that facilitates cross-flow of information, transnational investigation, as well as unification of terms of art. policy implications and future directions the study concludes that arab judicial institutions should shift from a reactive mode to a preventive one. it is critical that authorities shift from the criminalization of internet operations alone and reinstate back national systems with: • extensive legal reform aligned with international agreements; • building the capacity of judges, prosecutors, and digital-forensics experts; pa ge 14 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 11-14, 2025 • public awareness and education to prevent cybervictimization; • regional cooperation enhanced through dataexchange facilities and harmonized standards. there are initiatives that are compatible with latest research in e-palli that suggest that sustainable development entails synthesizing technology resilience with legal reform (hassan & al-otaibi, 2023). there are such applications that increase investigation efficiencies as well as enhance confidence in regional arab justice systems. conclusion this study explored how arab countries especially lebanon and iraq are struggling to keep up with the fastchanging world of cybercrime. it found that outdated laws, limited technical know-how, and the lack of specialized courts make it hard for both nations to deliver real justice. in iraq, overlapping jurisdictions often create confusion among law enforcement agencies, while in lebanon, bureaucratic hurdles slow down much-needed legal reforms. both countries also fall short of meeting the cooperative and procedural standards set by the budapest convention (2001) and the arab model law (2003). using a comparative legal approach, the study connects international frameworks to local realities, showing that tackling cybercrime isn’t just about stricter punishment it’s about preparation and collaboration. investing in judicial training, digital forensics, and regional partnerships can make a real difference. to move forward, governments must modernize their legal systems, build stronger institutions, and align national laws with global practices. future research should also look at how emerging technologies like artificial intelligence and cryptocurrency are reshaping the fight against cybercrime in the arab world. references ababneh, m. a., & al-razaki, m. o. (2005). computer crimes and their international dimensions. dar al-thaqafa for publishing and distribution. abdullah, a. a. k. (2007). information and internet crimes. al-halabi human rights publications. abubakar, a. a. (2023). decolonizing the concept of penal sanction under the nigerian criminal law. american journal of society and law, 2(2), 1–5. al antali, w. (2018). strengthening e-crime legislation in the uae: learning lessons from the uk and the eu (doctoral dissertation, middlesex university). al-husseinawi, a. j. (2012). computer and internet crimes (master’s thesis, al-nahrain university). al-kaabi, m. n. m. h. (2020). the impact of information technology on the emergence of cybercrimes: a field study in the emirate of abu dhabi (doctoral dissertation, mansoura university). amoo, o. o., atadoga, a., abrahams, t. o., farayola, o. a., osasona, f., & ayinla, b. s. (2024). the legal landscape of cybercrime: a review of contemporary issues in the criminal justice system. world journal of advanced research and reviews, 21(2), 205–217. atrey, i. (2023). cybercrime and its legal implications: analysing the challenges and legal frameworks surrounding cybercrime, including issues related to jurisdiction, privacy, and digital evidence. international journal of research and analytical reviews, 10(3). faizullah, h. t. (2005). child pornography on the internet. journal of comparative law, 37, 53–70. gomaa, a. y. m. (2021). cyberterrorism in the light of international law provisions (doctoral dissertation, mansoura university). hamid, h. a. (2020). towards a specialized electronic court for cybercrimes (master’s thesis, alexandria university). hassan, a., & al-otaibi, n. (2023). digital legal transformation and cyber governance in the middle east. american journal of society and law, 4(2), 45–59. e-palli publishers. hewling, m. o. (2013). digital forensics: an integrated approach for the investigation of cyber/computer-related crimes. hunton, p. (2009). the growing phenomenon of crime and the internet: a cybercrime execution and analysis model. computer law & security review, 25(6), 528–535. jackson, j. t. (2017). a biodiversity approach to cyber security (doctoral dissertation, university of warwick). khamaiseh, m. a. d., & krim, k. (2024). the legal system of transactions and the challenges of the metaverse world in accordance with uae law. american journal of society and law, 3(2), 1–7. li, j. x. (2017). cyber crime and legal countermeasures: a historical analysis. international journal of criminal justice sciences, 12(2). makkawi, m. m. (2010). ethical and social aspects of information crimes. modern library. rahman, s., & el-sayed, h. (2022). e-justice and cybercrime prevention in arab legal systems. american journal of society and law, 3(4), 60–75. sun, y. (2011). an investigation into financial fraud in online banking and card payment systems in the uk and china (doctoral dissertation, loughborough university). udofa, k. (2020). evaluating the viability of cryptocurrencies within the legal regime for electronic payments in english law (doctoral dissertation, university of sheffield). pa ge 1 pa ge 20 american journal of society and law ( ajsl) the concept and scope of public property in afghanistan’s legal system rohullah samim1* volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4505 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: february 02, 2025 accepted: march 08, 2025 published: april 21, 2025 public property is a type of property consisting of a group of assets and resources that are owned by the state and society for the common benefit of the public. these properties, or “assets”, include roads, forests, infrastructure, parks, pastures, water, natural resources, and all other properties open for public use and benefit. the objective of this study is to introduce the types of public properties according to the law of afghanistan. the study adopts a descriptive-analytical research method and uses library data collection. the key findings include pastures, roads, bridges, parks, and recreational areas, and wetlands, trees, and forests, water resources, public buildings and estates, infrastructure facilities, and transportation and telecommunications, which are all forms of public property, each of them has a historical background and holds particular significance. keywords categories of public property, pastures, property, public property, water resources 1 faculty of law, ghalib university, kabul, afghanistan * corresponding author’s e-mail: samim@ghalib.edu.af introduction public property is property that is owned by the community and the state, and available to the public. these assets form the basis for the sustainable development of societies and are considered strategic resources to meet social, economic, and cultural needs. public property occupies a special position in the afghanistan legal context; this is especially the case from the perspective of public law, given its wide impact on public welfare, in particular, it is the basis of development and prosperity. different types of these properties, such as roads, bridges, forests, infrastructure, water resources, and natural resources, play a major role in the development and growth of public infrastructure. thus, they have a special place in the current legal system of the country. their status as common property, available for society’s needs, makes their contribution to the realization of social rights and protection of the public interest a major one. under afghanistan law, the defense of these assets is perceived not just as a tool to ensure the sufficiency of assets essential for a worldly life but also as a mode of sustenance to social order and economic viability. this issue, particularly in terms of attaining sustainable development goals and enhancing some janata’s quality of life, is regarded as a high-priority agenda led by the government. literature review the concept of public property has been an object of in-depth academic scrutiny vis-à-vis afghanistan law. in his work individuals and property, safaei (2016) further emphasizes the importance of public assets in the afghanistan legal system, discussing extensively in what they are and their implications for legal frameworks behind their management. safaei notes that they serve as the primary line of defense in keeping private property free of private interests, and highlights that the response of people should be in service of public good and therefore, public property. likewise, nezamuddin (2017) in the commentary on the civil code of afghanistan provides an in-depth description of the legal nature of public property in afghanistan. in his examination of the different classifications of public property under afghanistan law, nezamuddin posits that such assets are critical in serving the public interest and fulfilling the functional capacities of the state’s socioeconomic system. his insight on the legal arrangements required for the protection and regulation of public property in afghanistan offers an understanding of its significance. moreover, afghanistan is facing challenges to protect the public property. abdul hussain rasouli in his book the rights of property has introduced the advantages116 and disadvantages of the public property protection in the afghanistan legal system. treatise based on rasouli’s work assesses the effectiveness of the existing framework for public assets and makes recommendations on steps that could be taken in changing the legal structure to ensure an equitable distribution and preservation. his argument is that safeguarding public property is more than simply protecting physical assets it is preserving the integrity of the public trust. the concept of property and public property to enter the main and fundamental discussions, it is first necessary to define the concept of property, and subsequently, the concept of public property. each of these concepts is addressed separately below. the concept of property property is anything of value or a quality that is owned by pa ge 21 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 20-25, 2025 an individual. this definition encompasses both tangible assets (e.g., real estate, vehicles, and cash) and intangible assets (e.g., copyrights, intellectual property rights, and legal entitlements). property, in the legal sense, is anything that can be owned, bought, sold, transferred, or possessed. be they material commodities or immaterial rights or privileges (sprankling, 2014). in other words, property refers to an object or economic right that an individual can use or possess (wyman, 2017). from a legal standpoint, property includes the rights and responsibilities associated with its owner or holder, and in law, property can refer to things or rights that belong to individuals and are transferable (underkuffler, 2005). since property can be interpreted in different ways depending on the legal system, there may be more specific definitions in each jurisdiction (cole & grossman, 2002). in the afghanistan legal system the term property refers to wealth, assets, belongings, possessions, estates, goods, and anything owned by an individual. linguistically, is derived from the past tense of, meaning “to desire,” and in persian, it is also referred to as khwāstah (desired possession). in legal and economic contexts, is defined as anything with exchange value, economic worth, and the ability to be appraised in monetary terms (langroudi, 2007). the civil code of afghanistan defines property as: “property consists of tangible assets or rights that hold material value in the eyes of people.” various scholars and jurists have offered different definitions of property. for instance, article 126 of al-majallah al-aḥkām al-‘adliyyah defines property as: “anything that human nature inclines toward and that can be stored for future need, whether movable or immovable.” some islamic jurists define property as follows: “property is an abstract concept derived by rational beings from external objects; it is essential to human life and fulfills both basic and advanced needs” (al-ghita, 2001). legal scholars also define property in a similar manner: “property is anything that is usable, holds economic exchange value, and is tradable.” (safaee, 2003). a homeowner’s ownership right over a house is legally recognized as property. the relationship between the right and the house is so intertwined that laypeople often equate the house itself with property. however, when the house is sold, the house itself remains unchanged in location and structure; what is actually transferred is the legal right of ownership, which entails authority, privilege, and control over the house in exchange for a sum of money. once the transaction is complete, the former owner must vacate the property and no longer holds any legal right to it, having transferred that right to another party (rasouli, 2017). the concept of public property public property is what the government owns and has everything going to the public. such resources include parks, buildings, other urban shape and natural services provided for the use of the community (cole & grossman, 2002). while private property is under individual control, public property is managed by public laws and regulations that ensure it works for the common good (wyman, 2017). public property can provide public services like libraries and schools or recreational green spaces or environmental conservation. public goods are subject to democratic processes that govern their management and allocation and their role in promoting the common good (underkuffler, 2005). this kind of property is critical for providing social order and equitable resource access; this property helps all constituents of society without regard to social or financial standing (bromley, 1991). in the afghanistan legal system public property refers to assets that do not belong to any specific individual owner (qasemzadeh, 2011). according to this definition, any property without a designated owner falls under the category of public or communal property. the term public signifies common ownership, general accessibility, and collective use, as opposed to private ownership (amid, 2010). however, properties with unknown owners or lost items (luqṭah) that originally had a specific owner, even if their owner remains unidentified, are not considered public property. it is important to note that the definition provided above is not entirely comprehensive, as it merely states that public property lacks a private owner without explicitly addressing its function for public benefit and welfare. a more precise definition would be that public property consists of assets designated for the benefit and welfare of all members of society (langroudi, 2007). these assets may be: 1. directly accessible to the public, such as roads, public squares, bridges, and other public infrastructures. 2. accessible under certain conditions, where usage is subject to specific regulations and eligibility criteria, such as public schools, state orphanages, and government universities. several alternative definitions of public property have also been proposed: “public property refers to assets that belong to the public or remain unclaimed.” (katouzian, 1998). according to this definition, public property comprises assets collectively owned by the people, which neither individuals nor legal entities can appropriate as private property. examples include roads, bridges, mosques, parks, pastures, and other shared resources. public property is closely associated with the concept of common property, which refers to: “assets collectively owned by a nation or the residents of a region, such as a city, and utilized for public purposes, including parks, public squares, endowments, streets, and highways” (jafari, 2007). based on this definition, no individual may claim ownership over public streets, open-ended alleys, bridges, caravanserais, public reservoirs, historical schools, public squares, or wells used by the general public. the prohibition of private ownership over such assets stems from the fact that their intended function and purpose inherently conflict with private appropriation. another comprehensive definition states: “public property consists of assets owned by the state or public legal entities, designated for public welfare. these assets may be directly available for public use such pa ge 22 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 20-25, 2025 as roads, bridges, museums, squares, and parks or may be subject to specific usage criteria, such as public universities, government schools, and military buildings, which are accessible only to individuals meeting certain conditions.” (rasouli, 2017). afghanistan civil law provides a legal definition of public property: “public property refers to assets that do not belong to individuals and are designated for the public interest and welfare.” additionally, under the civil code of afghanistan (cma), public property may be either movable or immovable, provided that it is designated for public benefit and welfare. based on the definitions provided, the author of this study proposes the following definition: “public property consists of assets collectively owned by society, managed by public legal entities, and allocated for the common good and public welfare.” categories of public property in afghanistan law as previously discussed, public property refers to assets and resources owned by society or the state, designated for public use and accessibility. these assets typically include land, parks, roads, natural resources (such as water, forests, and minerals), and public facilities (such as schools, hospitals, and cultural centers). the primary characteristics of public property are as follows: 1. public accessibility – these assets must be available for public use. 2. absence of private ownership – public property does not belong to any individual or specific group; rather, it is owned by the government or public institutions. 3. sustainable use – the management and utilization of these assets should be conducted in a way that preserves them for future generations. the protection and regulation of public property hold significant importance in afghanistan’s legal system. however, public property is not consolidated under a single legislative document but rather addressed across various legal texts. the key categories of public property under afghanistan law include: public buildings and estates public buildings and estates are critical components of the infrastructure of cities and rural settlements, providing venues for governance, education, healthcare and cultural activities. inactivity is sustained by the real estate maintenance law, policy, rules, and regulations for public ownership. public buildings and estates: public buildings and estates are usually owned by a government or public institution. the law regarding their ownership is based on the public trust doctrine, which requires that such properties be held for the public benefit. the public trust doctrine allows public buildings and land to be used in a way that meets the public good; according to sax (1970), the state must retain the title to certain lands for the public good, and no one can take it away as it serves the public good (sax, 1970). public buildings and estates are among the primary forms of public property under afghanistan law. the afghanistan penal code classifies public buildings and estates as public property and criminalizes any act that results in their destruction or damage. given that these assets are allocated for public benefit, their destruction is considered a criminal offense under afghanistan criminal law, and perpetrators are subject to legal penalties. (afghanistan penal code, 2017). infrastructure facilities infrastructure facilities are another category of public property recognized in afghanistan law. any destruction or intentional damage to infrastructure is considered a criminal act, and those responsible are subject to prosecution and punishment. (afghanistan penal code, 2017). communications and telecommunications communications and telecommunications are fundamental to modern society, enabling the exchange of information across vast distances and supporting economic, social, and cultural activities. the legal and regulatory frameworks governing these sectors are complex, involving a mix of national and international laws, policies, and standards. below is an overview of key issues, legal principles, and challenges in the field of communications and telecommunications, supported by reputable sources. the telecommunications sector is heavily regulated to ensure fair competition, protect consumer rights, and promote universal access to services. in many jurisdictions, regulatory bodies oversee the licensing, pricing, and quality of telecommunications services. for example, in the united states, the federal communications commission (fcc) is responsible for regulating interstate and international communications (crandall & singer, 2020). telecommunications refers to the transmission of any type of message or information through electrical, magnetic, electromagnetic, optical, or related energy forms (telecommunications regulation law, 2019). similarly, telecommunication services are defined as services provided to subscribers via telecommunication and internet networks for a fee article 3, clause 23. given that telecommunication infrastructure is established by the government to meet public needs, these systems are considered state property made accessible to the public (telecommunications regulation law, 2019). trees, pastures, roads, parks, and recreational areas a prominent category of public property in afghanistan law particularly within the penal code includes trees, pastures, roads, parks, and recreational areas. any form of encroachment or damage to these properties is legally considered an offense, and violators are subject to criminal penalties. (afghanistan penal code, 2017). pastures pastures are legally recognized as public property in afghanistan law. however, pastures have historically been a source of conflict among different ethnic groups in afghanistan, particularly between nomadic communities pa ge 23 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 20-25, 2025 and settled residents of central afghanistan. (abdullah, 2018). this classification of public property in afghanistan demonstrates its legal significance and the various forms it takes within the country’s legal framework. if you need additional details or further references, let me know! historical and cultural heritage a historical artifact refers to a building or a movable object that belongs to a particular society or individual and, due to its historical or artistic value, is placed under legal protection through an administrative classification. according to the encyclopedia britannica, the term “antique” is defined as: “a term commonly used to describe objects of artistic and historical significance that are at least one hundred years old.” thus, cultural property generally consists of movable objects, specifically historical artifacts (antiquities) that hold historical or informational value and are at least one hundred years old, even if they lack substantial financial worth or have deteriorated from their original condition. examples include items unearthed through excavations or artifacts commonly referred to as “underground relics” (nejad & narouei, 2011). the afghanistan penal code explicitly addresses historical and cultural artifacts and the offenses committed against them in article 731, which states: (1) any offense committed against historical or cultural artifacts as outlined in this chapter shall be recognized as a crime, and the offender shall be punished according to the prescribed legal penalties. (2) for the purposes of this chapter, historical or cultural artifacts regardless of their origin or ownership include the following: 1. movable or immovable property of special cultural significance to all nations, including architectural, artistic, or historical monuments (both religious and nonreligious), archaeological sites, historically or artistically significant buildings, works of art, manuscripts, books, and other artistic or historical objects, as well as scientific collections, archives, and reproductions of these items. 2. buildings specifically intended to protect or display cultural assets defined in clause 1, such as museums, major libraries, and archival centers. additionally, movable cultural property housed in these facilities or displaced due to armed conflict for preservation purposes is also included. 3. movable or immovable historical and cultural artifacts discovered within the country or buried underground are considered state property. (afghanistan penal code, 2017). this legal framework underscores the national importance of cultural and historical artifacts and the state’s responsibility in their protection and preservation. let me know if you need additional clarifications! forests forests are often considered public property, meaning their ownership belongs to the government or public institutions, and their use should benefit the public. this concept is rooted in the public trust doctrine, which holds that the government acts as a trustee of natural resources to protect public interests (sax, 1970). in many countries, national laws have vested forest ownership in the government and restricted their private use (fao, 2020). the forestry law of afghanistan defines a forest in article 4, clause 12 as: “an area exceeding 2.5 jeribs (0.5 hectares) of land covered with at least 10% tree canopy, which is not designated for agricultural or nonforestry purposes.” according to afghanistan’s forestry law, forests are categorized into the following types: community forests “forests officially designated and managed by local communities for the purpose of sustainable resource management for public benefit. the rights to use these forests for timber, firewood, non-timber products, livestock grazing, and conservation must be specified in the law.” (forestry law, 2012). urban forests “forests located on state-owned land within urban areas, planted or cultivated by the municipality, and used for forestry resources, wildlife habitat, water conservation, recreation, and environmental education” (forestry law, 2012). private forests “forests that grow on privately owned or leased land in accordance with property laws.” (forestry law, 2012). state forests “all other forests that are classified as state property, located on government-owned land, and not claimed by local communities. these include national parks and forest reserves” (forestry law, 2012). according to afghanistan forestry regulations, forest resources are the property of the state: “the state, as the general trustee of the people of the islamic republic of afghanistan, holds forests under its administration, except for private forest ownership, which is an exception” (forestry law, 2012). the afghanistan penal code (articles 820–835) does not explicitly refer to public forests but instead focuses on state forests. for example, article 820 of the penal code states: “anyone who usurps, buys, or sells state forest land shall, in addition to the restitution of the land and compensation for damages, be subject to fines for land seizure as stipulated in this law.” although the penal code does not explicitly differentiate between public forests and state forests, the use of the general term “forest” in articles 823, 827, and 828, as well as clause (1) of article 829, suggests an implicit recognition of public forests. however, in most cases, the law specifically mentions state forests when outlining criminal provisions. given this inconsistency, the author argues that the afghanistan penal code should have included specific legal provisions regarding public and private forests to ensure clearer legal distinctions and protections. pa ge 24 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 20-25, 2025 water resources water resources, including rivers, lakes, groundwater, and oceans, are typically considered public property, owned and managed by the state or public institutions. this concept is rooted in the public trust doctrine, which holds that certain natural resources, including water, must be preserved for public use and benefit (sax, 1970). in many countries, water resources are constitutionally or statutorily recognized as public property, with private ownership or use strictly regulated (fao, 2020). regarding ownership of water resources, the afghanistan water law explicitly states: “water is public property, and the state is responsible for its protection and management.” according to article 2 of the water law (2009), water resources include: “surface and groundwater sources (rivers, streams, canals, reservoirs, lakes, glaciers, dams, springs, karez systems, and wells) where water regularly or intermittently flows, accumulates, or is stored.” water resources are classified as public property, designated for public benefit and legally protected against destruction, obstruction, or alteration. any such actions are considered an encroachment on public property, and offenders are subject to legal penalties (water law, 2012). waqf (endowment) lands waqf land refers to land designated for charitable purposes, either for the general public or specific groups (abdullah, 2018) according to article 3, clause 15 of the land management law of afghanistan, waqf lands are public property allocated for charitable activities, regardless of whether they serve the entire public or a specific social group (land management law, 2017). unclaimed lands there are also unclaimed lands, or lands that fall under nobody’s ownership or domain, that do not belong to individuals, groups, or specific governments. such lands could either not have documents of official ownership, or could have opted to abandon their ownership for not occupying and making use of them. in international law, this is also called terra nullius, concerning those territories that no country has claimed as its own (shaikh & khan, 2024). in some countries, governments manage these lands as public property and utilize them for public purposes such as infrastructure projects, agriculture, or resettlement (public lands foundation, 2020). conversely, in certain regions, these lands become subjects of legal and social disputes due to the absence of defined ownership (smith & travis, 2010). in the field of environmental protection and natural resources, unclaimed lands can become significant natural habitats that are either preserved or exposed to illegal occupation and degradation (kasimbazi, 2018). the term “mawat” literally means “dead,” “lifeless,” or “uninhabited.” according to article 127 of almajallah al-aḥkām al-‘adliyyah, mawat land refers to: “lands that do not belong to any individual, are not designated as pastures, firewood collection sites, or village commons, and are located far from populated areas.” the afghanistan civil code distinguishes between: 1. unclaimed agricultural land (la-mālik agricultural land), which cannot be privately claimed. 2. unclaimed non-agricultural land (mawat), which may be acquired only with the approval of the president. the land management law (2017) categorizes land into: agricultural land, non-agricultural land, waqf land, common land, state land, private land, public land and pastureland (abdullah, 2018). conclusion the study examined public property in afghan law in terms of its classifications from a legal and jurisprudential perspective, including the afghanistan penal code, water law, land management law, and forestry law, among others. the arguments set forth will establish that public property is a significant public service to enhance equality of access and safeguard the natural resources of afghanistan for the benefit of the public. such assets, comprising roads, bridges, water resources, forests, and various other public infrastructures, are vital to promoting social justice and sustainable development in the country. yet literature and resources suggest there are considerable obstacles to securing and equitably using these resources. afghanistan lawmakers, therefore, must review and amend existing legal frameworks related to property rights and resource management to improve the protection and management of state assets. additionally, drawing from international best practices in public property management can help provide practical and effective solutions. my main suggestions are as follows: legislative review and amendments afghanistan legislative bodies should review and amend existing legal provisions to ensure a clearer and more precise classification of public property within the relevant legislative documents. expert consultation in drafting laws the development of laws related to public property should involve specialists, legal experts, and scholars from relevant fields. given the technical nature of these laws, the input of legal professionals and subject-matter experts is essential to avoid ambiguities and inconsistencies in legislation. encouraging research on legal protection of public property legal scholars and researchers should explore various aspects of public property protection, particularly its criminal law dimension, through academic research and publications. unfortunately, this area remains largely underdeveloped in afghanistan, and further studies could contribute to knowledge production and legal advancements in this field. pa ge 25 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 20-25, 2025 abbreviations cma – civil code of afghanistan pc – penal code fal – forest law of afghanistan wla – water law of afghanistan pl – pasture law of afghanistan references abdullah, n. (2018). commentary on the afghanistan civil code (real rights) (9th ed.). saeed publications. amid, h. (2010). amid persian dictionary. tehran: shafi’i publications, 860. bromley, d. w. (1991). environment and economy: property rights and public policy (pp. xi+-247pp). cole, d. h., & grossman, p. z. (2002). the meaning of property rights: law versus economics?. land economics, 78(3), 317-330. https://doi.org/10.2307/3146892 crandall, r. w., & singer, h. j. (2020). the fcc and the regulation of telecommunications. brookings institution press. fao. (2020). global forest resources assessment. food and agriculture organization, https://www.fao.org/ forest-resources-assessment/2020 jafari langroudi, m. j. (2007). legal terminology. tehran: ketabkhaneh ganji danesh. kashif al-ghita, s. m. h. (2001). tahrir al-majallah (vol. 1, 1st ed.). tehran: world forum for proximity of islamic schools of thought. katouzian, n. (1998). the civil code in the current legal system (1st ed.). tehran: dadgostar publishing, 42. kasimbazi, e. (2018). land tenure and rights. unccd global land outlook working paper. https:// www.unccd.int/sites/default/files/2018-06/5.%20 l a n d % 2 b te nu r e % 2 b a n d % 2 b r i g h t s _ _ e _ kasimbazi.pdf naqdi nejad, m., & narouei, a. (2011). crimes against cultural heritage in iranian law and international documents (2nd ed.). iran: javdaneh publications. public lands foundation. (2020). sustainability and management policy for the national system of public lands. https://publicland.org/wp-content/ uploads/2020/11/sustainability-and-managementpolicy.pdf qasemzadeh, s. m. (2011). interpretation of the civil code (5th ed.). tehran: samt – center for research and development of humanities. rasouli, a. (2017). property law (2nd ed.). kabul: farhang publications. safaee, s. h. (2003). persons and property (2nd ed.). tehran: mizan publishing. shaikh, f., & khan, m. f. (2024). understanding the legal basis of land ownership. global journal of humansocial science, 24(9), 36-40. https://www.grpublishing. org/journals/index.php/gjhss/article/view/127 smith, j. b., & travis, w. r. (2010). adaptation to climate change in public lands management. resources for the future. https://media.rff.org/documents/rffib-10-04.pdf sprankling, j. g. (2014). an international definition of “property”. in the international law of property (pp. 1–38). oxford university press. https://doi. org/10.1093/acprof:oso/9780199654543.003.0002 sax, j. l. (1970). the public trust doctrine in natural resource law: effective judicial intervention. michigan law review, 68(3), 471-566, https://home.heinonline. org telecommunications regulation law. (2019). official gazette of the ministry of justice. underkuffler, l. (2005). the idea of property: its meaning and power. oxford journal of legal studies, 25(4), 793– 805. https://doi.org/10.1093/ojls/gqi042 water law, official gazette of the ministry of justice. (2009, april 27). issue no. 980, serial no. 120, article 35. wyman, k. m. (2017). the new essentialism in property. journal of legal analysis, 9(2), 183–246. https://doi. org/10.1093/jla/lay002 pa ge 1 pa ge 8 american journal of society and law ( ajsl) intercultural communicative competence in teaching of english as a foreign language: perspectives of filipino teachers justine a. dela cruz1*, juhannah s. paican1, norsamia r. rajahmuda1, john harry s. caballo1 volume 3 issue 2, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i2.3352 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: july 31, 2024 accepted: august 29, 2024 published: september 04, 2024 this qualitative study explored filipino efl teachers’ perspectives on intercultural communicative competence (icc) in their teaching practice. it employed a qualitative approach with six participants to investigate three key areas: teachers’ views on icc, their use of intercultural approaches in teaching, and the perceived contributions of icc to teaching english as a foreign language. the research found that teachers viewed icc as essential for fostering effective cross-cultural communication and promoting cultural awareness. participants reported implementing intercultural approaches through interactive cultural learning activities and the integration of authentic materials. key contributions of icc included enhanced communication skills and cultural competence, promotion of global awareness and citizenship, and better preparation for real-world interactions in a globalized context. the study argued for a shift from traditional methods towards an intercultural approach in efl education, emphasizing the need for professional development keywords cultural awareness, english as a foreign language, intercultural communicative competence, learners, teaching 1 college of teacher education, the university of mindanao, philippines * corresponding author’s e-mail: j.delacruz.525294@umindanao.edu.ph introduction the growing interconnectedness of our world necessitates the development of intercultural communicative competence (icc) for effective communication across cultures. despite its acknowledged importance, a persistent gap exists between the theoretical models of icc and its practical application in efl classrooms. byram (1997) identified this very discrepancy, highlighting the challenges educators face in integrating icc principles into their teaching. subsequent studies have further emphasized this point. jantadej and charubusp (2018) investigated how teachers employed english intercultural teaching at a low level, exposing the teacher’s cultural bias, lack of positive attitudes, and behavior assessments. cheewasukthaworn & suwanarak (2017) observed that while educators often acknowledge the value of icc, they may struggle to integrate cultural and intercultural dimensions into their teaching due to limited exposure to intercultural approaches in language education. jumpakate and hieu (2019) demonstrated that while teachers grasp the importance of culture in efl, they often lack the expertise to translate that understanding into practical strategies for developing icc in their students. the concept of intercultural communicative competence (icc) has become increasingly significant in language education. byram (2021) introduced icc as a combination of communicative competence and intercultural competence, providing a framework for developing intercultural speakers who can effectively use a foreign language in intercultural communication. icc is defined as the “ability to interact with people from another social group in another language”. learners with strong icc can better comprehend and recognize both their own and others’ cultural perspectives, integrating these into their language use. the relationship between language and culture is widely recognized in language education. educators generally believe that language and culture cannot be separated from one another (cansever & mede, 2016; kahraman, 2016). however, the concept of culture associated with second or foreign language learning has shifted. rather than focusing solely on the cultures of the target language, it now emphasizes broader concepts of world cultures (cuartas-álvarez, 2020; dooly & vinagre, 2021). when teaching a foreign or second language, it is essential to include instruction on the cultures encompassing the language’s use in context (toscu & erten, 2020). this integration of culture in language education has significantly impacted teaching and learning approaches (tran & seepho, 2016). despite the recognized importance of cultural instruction, research has revealed varying perspectives and practices among teachers. some studies suggest that teachers do not always prioritize cultural instruction as their main objective in language education (kılıç, 2013). bayyurt (2006) noted that teachers did not always feel obligated to teach culture, while kahraman (2016) found that they spent less time teaching culture than previously thought. atay et al. (2009) discovered that despite teachers’ awareness of the value of intercultural education, they frequently neglected its implementation. moreover, despite the growing recognition of the need for culturally aware teachers, many educators still feel unprepared to deal with students from varied cultural and linguistic backgrounds (slot et al., 2019). estaji & rahimi (2018) investigated efl teachers’ pa ge 9 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 practices in teaching culture and their perceptions of icc. they argued that instructors’ opinions on icc are crucial in determining how to emphasize the importance of teaching culture in the classroom. this suggests that current approaches employed by efl teachers may be inadequate for fostering icc. teachers’ perspectives on culture often differ due to variations in their comprehension of icc (banjongjit & boonmoh, 2018). nonetheless, it is of utmost significance for english teachers to encourage learners’ communicative and intercultural competence in efl courses, as foreign language education today strongly emphasizes these skills (cuartas-álvarez, 2020; toscu & erten, 2020). educators are the facilitators of a language-learning environment that develops ic abilities, and their behavior and observations can offer numerous ideas on how to initiate intercultural communication and prepare students for language learning and teaching intercultural competence (baker & feng, 2020). according to cuartas-álvarez (2020) and megawati (2020), efl instructors with strong icc can manage the disparities that arise in the classroom and react more skillfully to reduce cultural gaps. although there is an existing body of literature about the challenges and importance of intercultural communicative competence, these studies primarily explored the icc development and teaching practices among international and american educators. there is a dearth of studies examining icc teaching in the context of filipino efl instruction. this study aimed to explore teachers’ perceptions and practices regarding intercultural communicative competence in teaching english as a foreign language. it specifically aimed to answer the following questions: how teachers view intercultural communicative competence, how they use intercultural approaches in their teaching, and how intercultural communicative competence contributes to teaching english as a foreign language. this study holds significant importance for both teachers and students in the realm of teaching english as a foreign language. for teachers, it may provide critical insights into effective intercultural communicative competence (icc) practices, enhancing their pedagogical strategies and fostering professional development to create more inclusive and engaging learning environments. for students, exposure to icc-focused teaching enhances their cultural awareness, communication skills, and overall learning experience, better preparing them for global citizenship and increasing their motivation and engagement in learning english. bridging cultural gaps in the classroom, this research may contribute to a more harmonious and productive educational experience, benefiting the entire learning community. materials and methods research participants the participants in this study were six (6) english as a foreign language (efl) teachers. dworkin (2012) reported that the adequate number of research participants for qualitative studies ranges from 5 to 50. the researchers utilized purposive sampling to select appropriate respondents for the study. the inclusion criteria encompassed filipino efl educators who were knowledgeable about and had experienced the phenomenon under investigation (creswell & plano clark, 2011), and who worked in the field of teaching english as a foreign language. the participants were teaching in various countries, including china, thailand, singapore, vietnam, indonesia, and brazil. research instruments the researchers developed an interview guide to ensure a semi-structured and comprehensive exploration of the key themes. this guide was crafted and validated to ensure its reliability and effectiveness in eliciting relevant information. the validation process included expert reviews to refine the questions and structure. the validated interview guide was then employed during in-depth interviews conducted via google meet to allow for a detailed and insightful conversation with the participants. using this digital platform facilitated an efficient interview process, which enabled the researchers to gather rich, qualitative data while maintaining flexibility and convenience for the participants. research design this study employed a qualitative descriptive design to meet the aims and objectives of the study. the researcher must select the most suitable design for achieving the aims of the study. this means that qualitative researchers will look into the narratives of teachers attempting to make sense of or interpret phenomena in terms of the meaning people bring to them (denzin and lincoln, 2005). nassaji (2015) underscored that descriptivequalitative research employs rich data collection from diverse sources to obtain a deeper understanding of the research participants’ opinions, perspectives, and attitudes. furthermore, bradshaw et al. (2017) claimed that descriptive-qualitative design is appropriate in studies that require information from people who are directly experiencing the problem that is being investigated. thus, utilizing descriptive-qualitative design is appropriate for the purpose of this study, as the researchers were aiming to unravel the theoretical teaching in icc. results and discussion this section presents the results of the study, providing a detailed analysis and interpretation of the data collected. specifically, the teachers’ view on intercultural communicative competence, their use of intercultural approaches in teaching, and the contribution of intercultural communicative competence to teaching english as a foreign language. pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 table 1 presents data on teachers’ perspectives regarding intercultural communicative competence (icc). it explores their understanding of the concept and its significance within language education. two key themes emerge: icc fosters effective communication across cultures; and icc promotes awareness and cultural diversity. these themes offer valuable insights into teachers’ views on fostering icc within their students. icc fosters effective communication across cultures based on the in-depth interview, participants emphasized the role of intercultural communicative competence (icc) in fostering effective communication across diverse cultural landscapes. icc not only facilitates understanding between individuals from different cultural backgrounds but also enhances one’s ability to navigate complex multicultural environments. participants highlighted that icc in language teaching aims to help both esl teachers and learners communicate effectively across cultures. they noted the importance of imparting intercultural skills such as empathy, open-mindedness, and respect for diversity. participants defined icc as the ability to communicate and interact appropriately with people from various cultural backgrounds, rooted in understanding and appreciating diverse cultural norms. some participants pointed out that it aids students in comprehending language and cultural disparities, enabling effective communication with individuals from diverse backgrounds. moreover, others highlighted the importance of maintaining linguistic and cultural diversity, suggesting that it enriches the communication process. they emphasized that icc allows individuals to preserve their cultural identity while improving their ability to communicate effectively across cultures. ‘’icc in language teaching emphasizes effective communication with people from diverse cultural backgrounds for both esl teachers and learners.’’ (mse-01) “in teaching approach, you prioritize imparting intercultural skills such as empathy, open-mindedness, and respect for diversity to help students effectively interact and communicate with individuals from diverse cultural backgrounds ‘’ (mmm-02) “intercultural communicative competence is defined by an individual’s ability to effectively and appropriately communicate and interact with people from diverse cultural backgrounds, rooted in understanding and appreciating diverse cultural norms.” (mii-05) “maintaining linguistic and cultural diversity is significant as it enhances the communication process, enabling individuals to preserve their cultural identity while improving their ability to communicate effectively.” (mgm-07) icc promotes awareness and cultural diversity the results of the in-depth interviews revealed that participants view icc as a catalyst for cultural awareness and appreciation of diversity. respondents emphasized that exposure to diverse activities, materials, and resources through icc helps learners develop a deeper appreciation for language and culture. they believe this exposure not only enhances intercultural communicative competence but also cultivates empathy, inclusivity, and openmindedness, which leads to more genuine connections among people from different cultural backgrounds. the participants characterized icc as a bridge that fills cultural gaps, fostering appreciation of differences, nurturing cultural awareness, and enhancing language learning, particularly for second language users. they noted that icc promotes cultural sensitivity by helping learners recognize personal biases and assumptions. additionally, some respondents viewed icc as a catalyst for transformative personal growth, challenging assumptions and deepening understanding of oneself and the world. “exposure to various activities, materials, and resources, learners can develop an appreciation for language and culture. this exposure not only helps build intercultural communicative competence but also fosters empathy, inclusivity, and open-mindedness, ultimately leading table 1: teachers’ view on intercultural communicative competence emergent themes formulated meanings icc fosters effective communication across cultures • icc is essential for enabling effective cross-cultural communication in language teaching. • teaching approaches prioritize intercultural skills to enhance students’ interactions with diverse cultures. • icc involves the ability to communicate appropriately and effectively across cultural boundaries. • icc aids in understanding language and cultural differences to facilitate communication. • maintaining linguistic and cultural diversity enhances communication while preserving cultural identities. icc promotes awareness and cultural diversity • exposure to diverse materials and activities fosters appreciation for language and culture, leading to empathy and inclusivity. • icc bridges cultural gaps, fostering appreciation of differences and enhancing language learning. • icc is crucial for developing cultural sensitivity and recognizing personal biases. • learning languages and developing icc leads to personal growth and expanded worldviews. pa ge 11 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 to genuine connections among people from different cultures.” (mkk-03) “icc serves as a bridge to fill gaps, fostering appreciation of cultural differences, cultivating cultural awareness, and enhancing language learning, particularly for second language users.” (mse-01) and deepening understanding of oneself and the world. “(mcl-06) ‘’icc in language teaching aids students in comprehending language and cultural disparities. its goal is to enable effective communication with individuals from diverse backgrounds.” (mcl-04) “learning a language and developing icc fosters transformative personal growth, expanding exposure to diverse cultures and languages, challenging assumptions, and deepening understanding of oneself and the world. “(mcl-06) the results indicate a generally positive and comprehensive understanding of intercultural communicative competence (icc) among the participants. they emphasize icc’s role in fostering effective communication across cultures, promoting cultural awareness, and enhancing language learning. this aligns with some aspects of the literature, particularly the recognition of icc’s importance noted by cheewasukthaworn and suwanarak (2017) and jumpakate and hieu (2019). however, the results seem to contrast with findings from studies like kılıç (2013) and bayyurt (2006), which suggested that teachers do not always prioritize cultural instruction. the results appear to have a more holistic view of icc, seeing it as integral to language teaching and personal growth, which differs from the varied understanding of icc noted by banjongjit and boonmoh (2018). table 2: use of intercultural approach in teaching emergent themes statements application of interactive cultural learning • teachers create opportunities for intercultural interactions and critical reflection on cultural identities. • cultural storytelling is used to share and compare cultural values and perspectives. • various techniques are employed to promote cultural awareness and respect for inclusion. • interactive activities are used to foster understanding among students from different backgrounds. integration of authentic cultural materials • authentic materials from different cultures are used to introduce new perspectives and contexts. • activities like role-playing and group projects engage students with diverse cultural backgrounds. • language exchange programs and multicultural literature are incorporated into the curriculum. • online platforms are utilized to expand learning about specific cultural aspects. • real-life materials such as recordings, songs, videos, and photographs are used to expose learners to authentic situations. table 2 presents an analysis on how teachers use intercultural communicative competence (icc) in teaching. two key themes emerge: (1) application on interactive cultural learning and (2) integration of authentic cultural materials. application of interactive cultural learning during the in-depth interview, the participants shared that they use icc in creating engaging, hands-on opportunities for students to explore and interact with diverse cultures. they reported facilitating intercultural interactions through group work, collaborative projects, and cultural exchange programs. they emphasized encouraging critical reflection on cultural identities, biases, and assumptions. cultural storytelling was used to help students share and compare stories from their backgrounds with the target language culture. participants also mentioned incorporating techniques that promote cultural awareness, integrate diverse cultural backgrounds, and foster respect for cultural inclusion. additionally, they also highlighted the importance of discussions about cultural differences and providing opportunities for students to engage meaningfully with various cultural perspectives. “facilitating intercultural interactions: teachers create opportunities for students to interact with peers from different cultural backgrounds. this could involve group work, collaborative projects, or cultural exchange programs that allow students to engage in meaningful intercultural dialogue and exchange ideas. promoting critical reflection: teachers encourage students to critically reflect on their own cultural identities, biases, and assumptions. this involves challenging stereotypes, examining cultural norms and values, and considering how their cultural background influences their perspectives and interactions with others. (mcl-06) “cultural storytelling activities will lead the student to share stories and anecdotes from their origin and compare them with the target language this will help them understand cultural values and perspectives. another one is cultural days with specific activities students tend to showcase different tribes and history about the culture being presented through dance, story and even re-enact the beginning of their culture.” (mkk-03) pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 “incorporate different techniques and strategies that promote cultural awareness, integrate cultural backgrounds or contents, and encourage respect for cultural inclusion among learners and teachers as well.” (mse-01) “drawing from my experience, i use an intercultural approach in my teaching by incorporating diverse perspectives, cultural examples, and interactive activities to foster understanding and appreciation among students from different backgrounds,” (mii-05) “teaching in vietnam in my prior 2 years i integrated the intercultural approach to the actual surroundings of my students learning about cultural aspects for some reason it can be the values of intercultural approach.” (mgm-07) integration of authentic cultural materials another use of icc in teaching based on the responses of the participants centers on the use of genuine cultural resources to provide students with authentic exposure to diverse cultural contexts. participants described using materials such as news stories, movies, literature, and other media from different cultures to introduce students to new viewpoints. they designed exercises around these authentic materials to promote crosscultural communication and understanding, including role-playing activities, conversations, and group projects. some educators mentioned incorporating multicultural literature into their curriculum and using online platforms to expand students’ cultural learning opportunities. the use of various authentic resources like recordings, songs, videos, photographs, and printed materials was emphasized as a way to expose learners to real-life cultural situations and contexts. ““i use intercultural perspectives in my english language instruction as an efl instructor in vietnam by introducing my students to new viewpoints and cultural contexts by using authentic materials from different civilizations, like news stories, movies, and literature. i also design exercises that promote communication and understanding across cultural boundaries. through role-playing, conversations, and group projects, these activities help students engage with classmates from different cultural backgrounds.” (mgm-07) “i integrate icc into language teaching through activities such as discussing cultural differences, using authentic materials from diverse cultures, organizing language exchange programs, and incorporating multicultural literature into the curriculum.” (mcl-04) “employing authentic materials and intercultural activities, perhaps i can also utilize the online platform for them to expand their learning when it comes to a specific field of learning they want to understand.” (mgm-07) “materials and resources that are authentic which would expose learners to real-life situations may it be recordings, songs, videos, photographs, or printed materials with useful and relevant contents.” (mkk-03) the results offer insights into how teachers implement intercultural communicative competence (icc) in their english language teaching, which can be compared with the broader literature on this topic. it indicates that teachers aim to foster effective communication across cultures by imparting intercultural skills such as empathy, open-mindedness, and respect for diversity. this aligns with the literature’s emphasis on the importance of integrating cultural and intercultural dimensions into language teaching (cuartas-álvarez, 2020; toscu & erten, 2020). the results also state that teachers focus on helping students comprehend language and cultural disparities, enabling effective communication with individuals from diverse backgrounds. this practice aligns with the findings of cuartas-álvarez (2020) and megawati (2020) that efl instructors with strong icc can better manage classroom disparities and reduce cultural gaps. however, while the result presented positive applications of icc, it did not fully address the challenges in implementation highlighted in the broader literature. several studies by jantadej and charubusp (2018), cheewasukthaworn and suwanarak (2017), and jumpakate and hieu (2019) all indicated that teachers often struggle to translate their understanding of icc into effective classroom strategies. this discrepancy suggests that while there are examples of icc being applied in teaching, as reflected in the findings, there may still be significant challenges in its widespread, consistent practical application that were not fully captured. the emphasis on icc as a tool for fostering cultural awareness and appreciation of diversity in the classroom aligns with the literature’s recognition of the inseparable nature of language and culture in education, but it may not fully reflect the varied levels of success in implementation (atay et al., 2009; slot et al. 2019). table 3: contribution of intercultural communicative competence to teaching english as a foreign language emergent themes statements enhancement of communication skills and cultural competence • icc helps students understand cultural differences, promoting effective communication with diverse english speakers. • icc integration enhances both language proficiency and cultural competence needed in a globalized society. • icc encourages mutual understanding and appreciation among students from different cultural backgrounds. • icc creates connections among learners while exploring various intercultural aspects. promotion of global awareness and citizenship • icc instruction develops global citizenship competencies and responsibility for global issues. • icc bridges cultural differences and promotes inclusivity in english language education. • icc helps students become more culturally aware, better communicators, and more open-minded. pa ge 13 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 table 3 presents the participants’ insights on the contributions of intercultural communicative competence (icc) to teaching of english as a foreign language. their responses revealed three main themes: enhancement of communication skills and cultural competence, promotion of global awareness and citizenship, and preparation for real-world interactions and global competitiveness. enhancement of communication skills and cultural competence participants in the study highlighted the benefits of incorporating intercultural communicative competence (icc) into teaching of english as a foreign language (toefl). they reported that icc integration enhances both language proficiency and cultural understanding. students were observed to develop a deeper comprehension of cultural differences, which in turn enabled more effective communication with english speakers from diverse backgrounds. the participants emphasized that integrating icc into efl teaching equips learners with the cultural competence needed to thrive in a globalized society. moreover, those teaching in cross-cultural contexts noted that incorporating icc provides students with valuable opportunities to learn about each other’s cultures, traditions, and viewpoints. “icc in teaching english helps students understand cultural differences, promoting effective communication with english speakers from diverse backgrounds.” (mcl04) “integrating icc into the teaching of efl not only enhances language proficiency but also equips learners with the cultural competence needed to thrive in a globalized society.” (mii-05) “incorporating intercultural communicative competence (icc) into my lesson as a filipino efl teacher in vietnam can enhance the learning process in many ways. i encourage mutual understanding and appreciation among my pupils by introducing icc, which provides them with the chance to learn about each other’s cultures, traditions, and viewpoints. i can give vietnamese pupils a more comprehensive understanding of the english language in cultural contexts by including filipino cultural components into my english courses as an efl teacher.” (mgm-07) “in today’s increasingly diverse english classrooms, it is an essential component. it creates a sense of connection among learners while exploring various intercultural aspects. so, transmitting other people’s culture and traditions through the teaching of english as a foreign language is highly beneficial.” (mkk-03) promotion of global awareness and citizenship based on the in-depth interviews, participants emphasized the role of intercultural communicative competence (icc) in fostering a broader worldview and global citizenship among students. they shared that icc instruction promotes the development of global citizenship competencies, inspiring students to explore global issues and cultivating a sense of responsibility for these challenges. they observed that this approach better prepares students to become engaged global citizens capable of making meaningful contributions to a globalized society. some highlighted that icc, when combined with teaching english as an international language, enhances understanding by bridging cultural differences and promotes inclusivity in english language education. furthermore, participants noted that emphasizing icc in efl instruction helps students become more culturally aware, enhances their communication skills, and cultivates a more open-minded and globally conscious perspective. “icc instruction promotes the development of global citizenship competencies. as a filipino teacher in vietnam, it can inspire pupils to look into global issues, foster a sense of responsibility for those challenges, and spark discussions about cultural diversity. with this method, students are better equipped to become engaged global citizens who make meaningful contributions to a globalized society.” (mmm-02) “with english being an international language, it creates more understanding by bridging cultural differences. it also helps by giving awareness of how to interact with people appropriately and effectively. it promotes inclusivity in english language education.” (mkk-03) “when emphasizing icc in efl instruction, the positive outcome is that it helps students become more culturally aware, better communicators, and more [open-minded/ globally aware].” (mkk-03) preparation for real-world interactions and global competitiveness during the in-depth interviews, the participants shared insights into icc’s crucial role in preparing students for practical, real-world communication scenarios. they emphasized that students who receive icc education are better equipped to communicate effectively in a variety of real-world contexts. some educators described their approach to implementing icc, which involved designing assignments and exercises that simulate realworld cross-cultural interactions. these activities were aimed at helping students develop the necessary skills for effective communication with english speakers from diverse cultural backgrounds. respondents highlighted preparation for real-world interactions and global competitiveness • icc education prepares students for real-world cross-cultural interactions and communication. • icc promotes cultural awareness and effective communication in a globalized world. • icc develops intercultural speakers who can communicate appropriately beyond just grammar and structure. pa ge 14 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 the importance of icc in today’s globalized world, noting that it promotes cultural awareness and effective communication. they stressed that language learning extends beyond mastering grammar or structure, emphasizing the development of intercultural speakers who can communicate appropriately in diverse settings. “students who acquire an icc education are better prepared to communicate in a range of real-world contexts. designing assignments and exercises that imitate real-world cross-cultural interactions, i assist students in gaining the skills necessary to communicate effectively and efficiently with english speakers from a variety of cultural backgrounds, including filipino culture.” (mse-01) “i think with this globalized world and through the teaching of english, icc promotes cultural awareness and effective communication because language is not just about using grammar or structure but being able to communicate appropriately by developing intercultural speakers.” (mkk-03) there is a clear alignment between the participants’ insights and the theoretical understanding of intercultural communicative competence (icc) in teaching of english as a foreign language (toefl). these findings echo byram’s (2021) conceptualization of icc as a combination of communicative and intercultural competence, enabling learners to effectively use a foreign language in intercultural communication. the participants’ observations on icc’s role in developing cultural understanding and effective communication across diverse backgrounds align with the broader shift in language education towards emphasizing world cultures (cuartas-álvarez, 2020; dooly & vinagre, 2021). furthermore, the study’s emphasis on icc’s contribution to preparing students for real-world interactions and global citizenship resonates with the assertion of (baker & feng, 2020) that educators are key facilitators in developing intercultural competence. implication for educational practices the findings of the study unveiled a transformative vision for efl instruction, prioritizing intercultural communicative competence (icc) as a cornerstone for student empowerment in our globalized world. this approach marks a significant departure from traditional, textbook-driven methods. imagine efl classrooms transformed into vibrant spaces of collaboration, where students from diverse backgrounds tackle realworld scenarios while navigating the complexities of intercultural communication. social media platforms, once viewed primarily for social interaction, could be repurposed as springboards for critical analysis, fostering the development of critical thinking and cultural awareness as students explore the nuances of communication across various cultural contexts. to achieve this shift towards icc, a two-pronged approach within educational practices is necessary. firstly, pedagogy must transform to equip students with practical communication functions, moving beyond rote memorization and grammar drills. educators can leverage authentic materials like social media to expose students to the intricacies of real-world communication. furthermore, empowering students to take ownership of their learning by encouraging them to explore cultural topics that resonate with their interests and backgrounds fosters deeper engagement. secondly, professional development becomes crucial to support this transformation. educators themselves can benefit from opportunities designed to deepen their intercultural understanding. this equips them to seamlessly integrate icc activities into the curriculum and effectively guide students in their exploration of diverse cultures. embracing these pedagogical and professional development strategies may help efl classrooms evolve into dynamic spaces that empower students not just as language users but as effective communicators, culturally aware individuals, and responsible global citizens ready to thrive in our interconnected world. conclusion this study revealed insights into the inherent limitations of traditional textbook-centered methodologies within the realm of efl education. through an in-depth exploration of intercultural communicative competence (icc), researchers uncovered a pressing realization: conventional approaches often inadequately equip students for the complexities of intercultural interaction in our increasingly globalized world. this revelation underscored the imperative for a fundamental shift in educational paradigms, one that elevates icc as a central pillar for fostering genuine cross-cultural understanding and effective communication skills. throughout the study, researchers emerged with a deepened understanding of the transformative potential of icc in efl education. they recognized that by prioritizing icc and fostering an intercultural approach within the classroom, educators play a pivotal role in empowering students to navigate the complexities of our interconnected world with empathy, respect, and cultural competence. armed with this insight, researchers advocate for continued research, collaboration, and investment in professional development to ensure that efl instruction remains not only linguistically enriching but also culturally transformative for generations to come. references atay, d. (2005). reflections on the cultural dimension of language teaching. language and intercultural communication, 5(3-4), 222-236. https://doi. org/10.1080/14708470508668897 baker, w., & fang, f. (2020). ‘so maybe i’m a global citizen’: developing intercultural citizenship in english medium education. language, culture and curriculum, 33(3), 1-16. https://doi.org/10.1080/079 08318.2020.1748045 bayyurt, y. (2006). non-native english language teachers’ perspective on culture in english as a foreign pa ge 15 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 8-15, 2024 language classroom. teacher development, 10(2), 233247. https://doi.org/10.1080/13664530600773366 bradshaw, c., atkinson, s., & doody, o. (2017). employing a qualitative description approach in health care research. global qualitative nursing research, 4, 1-8. https://doi.org/10.1177/2333393617742282 byram, m. (1997). teaching and assessing intercultural communicative competence. multilingual matters. byram, m. (ed.). (2021). teaching and assessing intercultural communicative competence: revisited (pp. 1-19). multilingual matters. https://doi.org/10.21832/9781800410251-006 cansever, z. m., & mede, e. (2016). perceptions of native and non-native efl instructors in relation to intercultural foreign language teaching. abant i̇zzet baysal üniversitesi eğitim fakültesi dergisi, 16(1), 75-94. https://doi.org/10.17240/ aibuefd.2016.16.1-5000182912 cheewasukthaworn, k., & suwanarak, k. (2017). exploring thai efl teachers’ perceptions of how intercultural communicative competence is important for their students. pasaa: journal of language teaching and learning in thailand, 54, 118-147. cuartas álvarez, l. f. (2020). intercultural communicative competence: in-service efl teachers building understanding through study groups. profile: issues in teachers’ professional development, 22(1), 75-92. https:// doi.org/10.15446/profile.v22n1.76796 creswell, j. w., & plano clark, v. l. (2011). designing and conducting mixed methods research (2nd ed.). sage publications. denzin, n. k., & lincoln, y. s. (eds.). (2005). introduction: the discipline and practice of qualitative research. in the sage handbook of qualitative research (3rd ed., pp. 1-32). sage publications. dooly, m., & vinagre, m. (2021). research into practice: virtual exchange in language teaching and learning. language teaching, 1-15. https://doi.org/10.1017/ s0261444821000069 dworkin, s. l. (2012). sample size policy for qualitative studies using in-depth interviews. archives of sexual behavior, 41(6), 1319-1320. https://doi.org/10.1007/ s10508-012-0016-6 jantadej, k., & charubusp, s. (2018). a case study of thai secondary school teachers’ english intercultural teaching and perception. international journal of progressive education, 14(5), 39-56. https://doi. org/10.29329/ijpe.2018.157.4 jumpakate, t., & hieu, l. t. (2019). exploring novice thai efl lecturers’ perceptions of intercultural communication competence. asian journal of interdisciplinary research, 2(2), 56-72. https://doi. org/10.34256/ajir1926 kahraman, a. (2016). teachers’ and learners’ attitudes towards culture and culture learning in a turkish context. journal of language and linguistic studies, 12(2), 1-12. kılıç, s. (2013). english lecturers’ beliefs regarding intercultural competence. hasan ali yücel eğitim fakültesi dergisi, 20(2), 47-59. slot, p. l., romijn, b. r., & nata, g. (2019). a virtual learning environment model of professional development aimed at enhancing diversity and inclusiveness. isotis. toscu, s., & erten, i. h. (2020). developing intercultural communicative competence by means of telecollaboration. education and information technologies, 25, 4517-4534. https://doi.org/10.1007/s10639-02010174-8 tran, t. q., & seepho, s. (2016). efl learners’ attitudes toward intercultural communicative language teaching and their intercultural communicative competence development. journal of english studies, 11, 1-40. pa ge 1 pa ge 17 american journal of society and law a critical examination of hate speech in nigeria idachaba martins ajogwu1* volume 1 issue 1, year 2022 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: september 18, 2022 accepted: november 10, 2022 published: november 21, 2022 hate speech touches on contested issues of dignity, free expression, liberty and democracy. it can thus be argued that there is a conflict between the right to freely advocate however distasteful the idea may be and the right to be free from prejudice and discrimination. in some circumstances, speech is restrained and the right to non-discrimination is preferred over free speech. hate speech has been used invariably to mean expression which is abusive, insulting, intimidating, harassing or which incites violence, hatred, discrimination against group identified by characteristics such as race, religion, place of birth, residence, region, language, caste, community, sexual orientation or personal convictions. the methodology adopted in this paper was doctrinal. both primary and secondary sources were employed in carrying out this paper. the finding of the paper is that asides from nigeria, various countries of the world have adopted some measures to deal with hate speech and other related issues. while some countries have clearly defined laws, some others find it quite unnecessary to create laws that seek to regulate hate speech as it is perceived as an infringement to the fundamental human rights of freedom of expression. this paper recommended that the existing cyber crimes act and the anti-terrorism act, among other pre-existing regulations cover many of the offences the new bill seek to address rather than waste valuable resources on the enactment of fresh laws to enable effective implementation and avoid a situation of plurality of laws. perhaps one of the most effective ways of combating hate speech would be to marginalize purveyors of such speeches. in the u.k., while far-right, fascist parties like the british national party and the racist ideas they support are not banned, mainstream british politician avoid associating openly with members of such parties. in nigeria, on the other hand, offensive and hate speech mongers are often seen as regional and ethnic heroes. keywords democratic society, fundamental human rights, hate speech, cyber crime 1 faculty of law, kogi state university, anyigba, nigeria * corresponding author’s e-mail: idachabamartins1@gmail.com introduction in any given democratic society, one unavoidable and permanent concept is the concept of fundamental human rights. the enjoyment of these rights are generally non derogable; they cannot be interfered with. these rights cut across civil, political, economic, sociocultural areas and are often protected and guaranteed by the grundnorm of any given democratic society. what is a democratic society without fundamental human rights? one of such rights is the freedom of speech. freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. the term ‘freedom of expression’ is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used. freedom of speech or freedom of expression is guaranteed as a fundamental human right under regional, domestic and international laws and is provided for in many conventions, constitutions and charters across the world. freedom of expression is recognized as a human right under article 19 of the universal declaration of human rights (udhr) and recognized in international human rights law in the international covenant on civil and political rights (iccpr). article 19 of the udhr states that ‘everyone shall have the right to hold opinions without interference’ and ‘everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice’ . in nigeria, the constitution provides for freedom of speech under chapter 4, section 39 and is titled; ‘right to freedom of expression and the press’ the version of article 19 in the iccpr later amends this by stating that the exercise of these rights carries special duties and responsibilities’ and may ‘therefore be subject to certain restrictions’ when necessary ‘for respect of the rights or reputation of others’ or ‘for the protection of national security or of public order (order public), or of public health or morals’. section 45 of the 1999 constitution of the federal republic of nigeria equally provides for restrictions and derogation from fundamental human rights in the instance where the exercise of such right is prejudicial to defence, public safety, public order, public morality or public health. freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, and perjury, and hate speech. justifications for such include the harm principle, proposed by john stuart mill in on liberty, which suggests that: ‘the only purpose https://journals.e-palli.com/home/index.php/ajsl mailto:idachabamartins1%40gmail.com?subject= pa ge 18 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. the idea of the ‘offense principle’ is also used in the justification of speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided. the former un special rapporteur on the promotion and protection of freedom of opinion and expression, frank la rue , outlined this in a 2012 report; “the right to freedom of expression implies that it should be possible to scrutinize, openly debate and criticize, even harshly and unreasonably, ideas, opinions, belief systems and institutions including religious ones, as long as this does not advocate hatred that incites hostilities, discrimination or violence against an individual or a group of individuals.” taking into cognizance the fact that freedom of speech and expression is not absolute, the provisions for laws that regulate this right, in order to avoid infringement of ones right due to the exercise of another’s. enter all the instances where freedom of expression will be restricted. the main focus of this research work however, is hate speech. analysis of the constitutive elements of hate speech the philosopher jeremy waldron argues that, while purely offensive speech may not justify restrictions, there is a class of injury, amounting to more than hurt sentiments but to less than harm, in the sense of physical injury, that demands restriction in democratic frameworks , hate speech falls within such class of injury. it lies in a complex nexus with freedom of expression, individual, group and minority rights, as well as concepts of dignity, liberty and equality. its definition is often contested . there is no general definition as to the elements that constitute hate speech, for the apprehension that laying down a definite standard might lead to the curtailment of free speech. there have however been attempts to define and describe what will amount to hate speech. hate speech employs discriminatory epithets to insult and stigmatize others on the basis of their race, sexual orientation or other forms of group membership. it is any speech, gesture, conduct, writing or display which could incite people to violence or prejudicial action . as aptly posited hate speech is also seen as any communication that denigrates a particular person or a group on the basis of race, color, ethnicity, gender, disability, sexual orientation, nationality, religion, or other characteristic. it can be in the form of any speech, gesture or conduct, writing, or display and usually marks incitement, violence or prejudice against an individual or a group. to grasp a better understanding of the elements that constitutes hate speech in nigeria it is expedient that hate speech as it is understood in other national and international legal frameworks are considered, thus; the law commission of india describes hate speech as: “hate speech is an expression which is likely to cause distress or offend other individuals on the basis of their association with a particular group or incite hostility towards them. there is no general legal definition of hate speech, perhaps for the apprehension that setting a standard for determining unwarranted speech may lead to suppression of this liberty.” the united nations committee on the elimination of racial discrimination “cerd” noted that hate speech includes: a. all dissemination of ideas based on racial or ethnic superiority or hatred, by whatever means; b. incitement to hatred, contempt or discrimination against members of a group on grounds of their race, color, descent, or national or ethnic origin; c. threats or incitement to violence against persons or groups on the grounds in (b) above; d. expression of insults, ridicule or slander of persons or groups or justification of hatred, contempt or discrimination on the grounds in (b) above, when it clearly amounts to incitement to hatred or discrimination; e. participation in organizations and activities which promote and incite racial discrimination. the council of europe(council of europe report 1997) defines hate speech as; covering all forms of expression which spread, incite, promote or justify forms of hatred based on intolerance, including: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin. according to neisser, hate speech includes all communications (whether verbal, written, symbolic) that insults a racial, ethnic and political group, whether by suggesting that they are inferior in some respect or by indicating that they are despised or not welcome for any other reasons. it has been stated that the question regarding hate speech in the case of nigeria is the undergrowth which structures the representation of the falling of the tree in the forest, the tree in this case being nigerians and the nigerian state. in the nigerian context, no formal definition of hate speech exists. however, its meaning can be derived from the context of legal instrument that have an impact of hate speech such as the constitution of the federal republic of nigeria, the criminal and penal code, the electoral act and so on. hate speech in nigeria is associated with politics, electioneering, religious organizations and ethnicity movements and groups. the situation is worsened by the advent of social media. politically motivated hate speech is historically a precursor to election related harassment and violence in nigeria. a recent report by the centre for information technology (citad) shows 618 items conveying religious insensitivity, followed by 507 items on ethnicity, 192 items relating to biafran agitation. another report showed that 70% of the people disseminating hate speech in nigerian social media space use their identity and can be reached for follow up action. this shows that, on and off the internet, many nigerians have no inhibitions in https://journals.e-palli.com/home/index.php/ajsl pa ge 19 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 using words with intention to insult, offend or convey maximum contempt for some other nigerians, either along ethnic, religious or spatial lines. in determining what constitute hate speech there are several considerations to be examined before abusive language or innuendo can be considered hate speech. any list of such considerations should include the following. first, hate speech can be identified by the severity of what is said, the severity of the harm advocated and the intensity of the communication. another way is to look at the intention of the author of the statement. content of the speech is also relevant and connotes specifics of the speech including its tone and if it requires listeners to respond with certain actions or inactions are important. the inciters themselves should be considered, specifically their standing in the context of the audience to whom the speech is directed. the level of their authority or influence over the audience is relevant as is the degree to which the audience is already primed or conditioned, to take their lead from the inciter. again, for speech to qualify as hate speech, it must have occurred in public. this also means that communication has to be directed at a non-specific audience (general public) or to a number of individuals in a public space. the hate speech bill and its criticisms offensive and hateful speech has been a challenge in nigeria. if it has to do with the nigerian civil war, igbo nationalists take offense with the rest of the country; if it is about boko haram and its alleged sponsors, selfappointed defenders of the north are up in arms with equally self-appointed defenders of the south; if it has to do with resource control and oil politics, the north squares off against the south. the igbos and the yoruba, rival major ethnic groups, frequently pick on each other. hate and offensive speech profiling reached a pinnacle in the country in june 2017, when a coalition of northern youth groups issued a kaduna declaration which, apart from calling the igbos unprintable names, gave all igbos in the north three months (until october 1, 2017) to leave. the reaction stemmed from harsh probiafra rhetoric of nnamdikanu, leader of the indigenous people of biafra. while it is true that nnamdikanu had engaged in a form of rhetoric offensive to many people, the quit notice given to the igbos in the north triggered competitive quit notices to vacate. though the notices were later withdrawn, they led to palpable fears that the situation could degenerate to a rwanda-like genocide unless the tide of free-flowing offensive and hate speech in the country was stemmed. in a heterogeneous and polarized country like nigeria, hate speech threatens the nation-building process by widening the social distance among nigerians, cementing existing distrust, and undermining national support. hate speech can also negatively affect the economy. for instance, in the face of the quit notice given to the igbos in northern nigeria, some igbo businessmen refused to entertain any credit request from customers, igbos and non-igbos alike, until after the october 1 deadline. further, deposit money banks, already risk averse from high non-performing loans, became even more unwilling to lend during the quit notice period. the competitive quit notice, respectively given to the igbos living in the north and the northerners and yorubas living in the niger delta, could curtail the willingness of nigerians to invest in the regions other than their own because of the risk of future quit notices. it is therefore not surprising that on the 5th of november, 2019 the national commission for the prohibition of hate speech bill was introduced by the senate of the federal republic of nigeria sponsored by senator, abdullahi sabi to promote national cohesion and integration by outlawing unfair discrimination, hate speeches and the establishment of an independent national commission for the prohibition of hate speeches and connected matters. the bill specifically prohibits the commission of ethnic discrimination, hate speech, harassment on the basis of ethnicity, ethnic or racial contempt and discrimination by way of victimization by individuals or corporate bodies. on the hill of the introduction of the bill, it has come under huge criticism and attacks from nigerians home and abroad. these criticisms are considered hereunder. poor definition of terms one of the criticisms is that the bill poorly defines hate speech, especially when differentiating between hate speech and offensive speech. though hurtful, offensive speech is believed to be a protected freedom of expression, a critical component of a functioning democracy. instead, the bill essentially regards even insulting or abusive speeches as hate speech, a vague and dangerous categorization. defining hate speech in a way that delineates it from offensive speech has been a tall task for policymakers and academics around the world—including susan benesch at harvard, former u.s. supreme court justice oliver wendell holmes, and many others. some believe that the term “hate speech” should only be used for extreme cases such as speeches that explicitly call for the physical injury or extermination of certain people. attack on freedom of speech, expression and the press another criticism of the bill is that it could provide a cover for the government to attack free speech, which in a democracy, is important both for prevalence of truth and for citizens to effectively participate in the democratic process. hate speech laws have been used to suppress and punish left-wing viewpoints in europe. similarly, south africa’s hate crimes bill has been criticized for being vulnerable to abuses that would undermine free speech. imposition of capital punishment one of the major criticisms of the hate speech bill in nigeria is the prescription of death by hanging for any https://journals.e-palli.com/home/index.php/ajsl pa ge 20 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 person found guilty of any form of hate speech that results in the death of another person. this provision is seen not only as absurd but one that contradicts various international best practices and it is to no surprise that the prescription of death by the proposed bill has come under unfathomable criticism and attacks. pre-existing regulations and laws on hate speech and related issues the major gist of this research work is to point out the necessity or otherwise of enacting a new law that specifically criminalizes hate speech. in determining the superfluosness or otherwise of enacting a new law, recourse must be made to preexisting regulations and laws that may make the argument valid. it is in the light of the foregoing that below are listed, preexisting laws regulating hate speech and other related issues. the domestic framework, that is, the legal framework in nigeria, which is the focal point of this research work would be discussed below and thereafter the international framework. these hate speech regulations contained in treaties to which nigeria is signatory, have a binding effect on nigeria by virtue of the principle of pacta sunt servanda. hence, they will also be looked at and considered in the foregoing paragraphs. domestic legal framework while freedom of expression is clearly protected by a considerable body of treaty law, it can also be regarded as a principle of customary international law, so frequently is the principle enunciated in treaties, as well as other soft law instruments. most human rights treaties, including those dedicated to the protection of the rights of specific groups – such as women, children and people with disabilities make explicit mention of freedom of expression. perhaps, the most significant international legal source of the right to freedom of expression is set out in article 19 of the international covenant on civil and political rights. the iccpr also provides for the limitation of the right to freedom of expression. although the iccpr makes no mention of hate speech, in principle speech that express or incite hatred is not only potentially subject to limitation under article 19(3) but it also conflicts directly with an explicit obligation in article 20 of the iccpr to prohibit incitement to hatred. nigeria acceded into the treaty on july 29, 1993. nigeria has also ratified the african (banjul) charter on human and people’s right which it ratified on july 22, 1983. also nigeria has also ratified the international convention on the elimination of all forms of racial discrimination on october 16, 1967. as stated earlier, these instruments impose certain obligations on states to fulfill, respect, promote and protect these rights. states are also obliged to ensure that their domestic laws are brought in consistency with their international obligations. hate speech has not been defined in any law in nigeria. however, legal principles and provisions in certain legislations prohibit selected forms of speech as an exception to freedom of speech; defamation defamation is the oral or written communication of a false statement about another that unjustly harms or injures a third party’s reputation. it usually constitutes a tort and a crime. the tort of defamation includes both libel (written statements) and slander (spoken statements). under common law, a claim must have been made to someone other than the person defamed and must generally be false. in some jurisdictions, defamation is treated also as a crime. sections 373-381 of the criminal code in nigeria considers defamation as a crime in nigeria, especially where the acts in issue tend to breach public peace and order. under nigerian criminal jurisprudence, there is no distinction between libel and slander as in tort. libel and slander civil defamation: in nigeria, defamation is both a tort and a crime. the tort of defamation (civil defamation) is regulated by the rules of common law, with few statutory interventions aimed at reforming certain aspects of the law. it seeks to protect a person’s reputation from unjustified attack either by the written or spoken words of others. in benue printing and publishing corp. v.gwagwada , the supreme court defined defamation as any imputation which may tend to lower the plaintiff in the estimation of right-thinking members of the society generally, cut him off from society or expose him to hatred, contempt or ridicule. on the other hand, freedom of expression is a fundamental right of every citizen, which is guaranteed and protected under the constitution. in the light of the foregoing, the court is saddled with the onerous task of striking an acceptable balance between the interest in protecting a person’s reputation and the interest in freedom of expression. the position of the law is firmly established that in an action for defamation the plaintiff will only succeed if he is able to prove the essential ingredients of the tort, which are (1) that the words complained of are defamatory, (2) that the words referred to the plaintiff, (3) that the words were published. and in the case of slander, the plaintiff must also prove special/actual damage, unless he can come under the exceptional cases where slander is actionable per se. though, all these ingredients of defamation must be proved by the plaintiff in order to succeed, it has been held that the essential part of the cause of action in defamation is the publication of the defamatory statements complained of. publication is the communication of the alleged defamatory statement or matter to at least one person other than the plaintiff ; which is effectively the exercise of right to freedom of expression. thus, it is trite law that an action for defamation cannot be sustained, without proof of publication. if the alleged defamatory statements were communicated to the plaintiff only, then no action for defamation would be maintained. the success of the plaintiff in action for defamation also depends on the https://journals.e-palli.com/home/index.php/ajsl pa ge 21 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 absence of an acceptable defense from the defendant. when successfully raised, the defenses of justification, absolute privilege, qualified privilege, and fair comment would completely exonerate the defendant from liability in an action for defamation. the availability of these defenses clearly confirms that the right to freedom of expression would not be denied easily and the restriction provided by the law of defamation is by itself not absolute. the entrenchment of the right to freedom of expression in the constitution underscores its importance and the need for its protection and promotion. criminal defamation: criminal defamation is provided for in the criminal code for the southern nigeria and the penal code for northern nigeria. thus section 375 of the criminal code criminalizes defamation in the following terms: subject to the provisions of this chapter, any person who publishes any defamatory matter is guilty of a misdemeanor and is liable to imprisonment for one year and any person who publishes any defamatory matter knowing it to be false is liable to imprisonment for two years. by section 373 of the criminal code, a defamatory matter is one which is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule or likely to damage any person in his profession or trade by an injury to his reputation. the bringing of the defamatory matter to the notice of the person defamed will be enough evidence of publication and the posting of a letter to the person defamed is publication. just as in civil defamation, the defenses for criminal defamation include justification, absolute privilege and qualified privilege , amongst others. however, unlike in civil defamation, those accused of criminal defamation must establish not only that the words were true, but also that they were published for the public benefit . it is difficult to appreciate the continued retention of criminal defamation in its present form in our statute books. obviously, an attack on a person’s reputation is a civil matter, which is adequately addressed and redressed by the tort of defamation. criminal defamation should be restricted to those situations where defamatory matters are published with intent to extort or commit other crimes. in such cases, the basis for the offence is not in the bare publication of defamatory matter but in the criminal intent to extort money or other property from the person against whom the publication is made. akin to criminal defamation is the offence of sedition. a seditious publication has the intention to bring into hatred or contempt or to excite disaffection against the person of the president or governor or government of the federation; or to excite the citizens or other inhabitants of nigeria to attempt to procure the alteration, otherwise than by lawful means, of any other matter in nigeria as by law established; or to raise discontent or disaffection amongst the citizens or other inhabitants of nigeria; or to promote feelings of ill-will and hostility between different classes of the population of nigeria. under the criminal code, sedition is punishable with a sentence of two years or a fine, and three years for a subsequent offence. under the penal code, the sentences are longer. the situation in nigeria regarding the offence of sedition is rather disturbing and unfortunate. in arthur nwankwo v. the state , the court of appeal struck down on the offence of sedition and held that sections 51 and 52 of the criminal code dealing with sedition are inconsistent with section 36 of the 1979 constitution (now section 39 of the 1999 constitution), nevertheless, the law remains in the statute book and several nigerians have been charged for sedition. the supreme court is yet to pronounce on the matter. however, it has been contended that not all the subsections of section 50(2) relating to seditious intention are unconstitutional. thus, section 50(2)(c) and (d) which define seditious intention as an intention (c) to raise discontent or disaffection among the citizens or other inhabitants of nigeria, or (d) to promote feelings of ill will and hostility between different classes of the population, are reasonably justifiable in a democratic society. the blanket pronouncement of the court of appeal in so far as it affects section 50 in its entirety, is with the greatest respect, per incuriam. electoral act the electoral actspells out detailed provisions specifically barring politically inspired hateful speech. political speeches often assume a divisive tone in order to exploit social prejudices for political gain. hate speech is a pre cursor to violence and in every electioneering especially in a volatile society like nigeria with different levels such as ethno religious, internal communal and ethnic stereotypes. the act largely passes the three part test as the provisions of the law are sufficiently precise, the aim being pursued is the maintenance of public order. the restriction is also proportionate to the aim sought to be achieved save the use of criminal sanctions, the appropriateness of which will be considered in the next section. on the other hand, the act does not satisfy the six part threshold for hate speech as it makes no distinction between the tendency and intention. the provisions of section 95places focus on the tendency that such abusive language is likely to promote violent reaction or emotion rather than an actual intention to do so. as already discussed, for a proper restriction, such statement must have been calculated to have incited imminent lawless action , the potentiality of the act to cause harm should rather than its mere offensive nature be considered. furthermore, there is a need for a greater level of enforcement. the 2015 general elections were replete with various occurrences of the use of politically motivated hate speech and yet no prosecution arose from their use. the framework should be used to hold the various political actors responsible for their hateful actions. https://journals.e-palli.com/home/index.php/ajsl pa ge 22 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 the provisions of the act are however largely commendable for meeting with international best practices. the act gives room for the regulation of political hate speech by non-state actors such as the media and civil societies through various code of conducts and regulations. cybercrime (prohibition, prevention) act, 2015 the cybercrimes actcriminalizes the online distribution of racist and xenophobic materials. the act falls within the permissible grounds for limitation under section 45 of the constitution as it can be said to be reasonably justifiable law. hitherto the act, internet or online activities were sparsely regulated in nigeria and was used to perpetrate numerous crimes such as cyber stalking, cyber bullying, credit card frauds and so on. the provision of section 26 targets the distribution of materials which advocates, promotes or incites hatred, discrimination or violence, against any individual group of individuals, based on race, color, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors. the act is thus justified on the basis that it seeks to protect the rights of others as well as public order and the collective security and integration of the country per the decision in dpp v chike obi . there is however a degree of vagueness in the provisions of the law. precision of the law is one of the grounds under the three part test on the restriction of the right to freedom of expression. the act does not establish any proximate relationship between the restriction and the act, in construing a similar provision of its own law, the indian supreme court held that section 66a of its information technology act was invalid as it did not establish the nexus between such (hateful) message and the actions resulting from such message. furthermore, the act does not conform to some of the criteria for identifying hate speech. there is no ingredient in the offence of inciting anybody to do anything which a reasonable man would then say would have the immediate threat to public safety or tranquility. this is a fatal flaw in the law as the courts in other jurisdictions have always distinguished between mere discussion and advocacy from incitement. in shreya singhal v. union of india , the court held that discussion and advocacy was the essence of free speech and that such discussion or advocacy could only be limited where it amounts to incitement or led to imminent violence. the provision of section 26 can however be defended on the basis that it seeks to regulate the distribution of such hateful materials online. it has been argued that incitement to violence cannot be the sole test for determining whether a speech is hate speech or not where such speech is made online. in the age of technology, the anonymity of the internet allows a miscreant to easily spread false and offensive ideas. these ideas need not incite violence but they might perpetuate the discriminatory attitudes prevalent in the society. the provision of the cybercrimes act gives no consideration to the context in which the statements were made. it automatically prescribes offences for insulting or threatening persons for the reason that they belong to a group distinguished by race, color, descent, national or ethnic origin, as well as, religion, if used as a pretext for any of these factors. as already stated, the context pf a speech plays an important role in determining its legitimacy. in state of maharasthra v.sangharajdamodarrupawate , the court observed that the effect of that words used in the offending material must be judged from the standards of reasonable, strong minded, firm and courageous men and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view. section 24(1) of the act also criminalizes the intentional sending of messages which are grossly offensive, pornographic or of indecent or menacing character. it will be recalled that the right to freedom of expression extends to unpopular ideas and statements which “shock, offend or disturb”. the question of whether such laws prohibiting obscenity can be said to be at variance with the constitutionally guaranteed right to free speech has often been discussed. such restriction must pass the three part test. it is argued that the provisions of section 24(1) are vague as the law does not define sufficiently the terms “grossly offensive”, “indecent” or “of menacing character” leaving them for wide scope of interpretation. in some jurisdictions such as the united states and south africa, such terms have been described as being excessively vague where they do not contain further definition as was held in aclu v. reno . thus, states are required to go further by defining such terms. in restricting the distribution of obscene, indecent and pornographic materials, it is important to make a distinction between materials which are merely offensive and materials which cause harm as it is only restrictions which have as their objective the prevention of harm that can be said to have met the requirement of being legitimate. as it is, the provision of section 24(1) is paternalistic and offends the international standards of freedom of expression. thus, there is a need to move from what is merely offensive. section 24(2) criminalizes the intentional spreading of false news for the purpose of causing annoyance, inconvenience, hatred, anonymity, insult, injury. the dissemination of false news is also prohibited by other laws in nigeria. in r v. amalgamated press , the court defended the prohibition on spreading false news and held that freedom of expression cannot be employed to spread false news likely to cause fear and alarm to the public. this section has formed the basis for the arrest of public figures and bloggers alike. the basic problem with criminalizing false news is that they have chilling effect on the right to freedom of expression as it may not be possible to determine whether a statement is false or true before publication, thus people will be deterred from publishing anything they cannot prove to be true. the nigerian courts have yet to rule on the validity of this section. however, https://journals.e-palli.com/home/index.php/ajsl pa ge 23 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 the zimbabwe supreme court considered a similar provision in chavundunka v. minister of home affairs . the provisions were held as too vague and unduly exerting a chilling effect on freedom of expression. the court further held that words used like “fear, calm and despondency” were overboard as anything newsworthy may cause such subjective emotions in a section of the public or in a single person. the permissibility of the use of criminal sanctions to restrict expression will be discussed under the analysis of the provisions of the criminal code. international legal framework as earlier stated, the international legal framework for the regulation of hate speech and other related offences would be considered given that nigeria is party to these treaties and the laws contained therein has a binding effect on the country. considered below are the provisions of the international covenant on civil and political right, the african charter on human and peoples rights, the international covenant on the elimination of all forms of racial discrimination and lastly, the european convention on human rights. international covenant on civil and political rights the iccpr is the most significant international legal source for the protection of the right to freedom of expression. it provides the principal legal standard for a vast majority of cases relating to freedom of expression. many regional human rights instruments have relied on the interpretation of the iccpr especially with regards the restriction of the right. thus, the iccpr will largely form the basis for the writer’s analysis and criticism of the nigerian legal framework for the restriction of the right to freedom of expression. according to article 19(3) of the iccpr the freedom of expression carries with it special duties and responsibilities. it may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) for respect of the rights or reputation of others; (b) for the protection of national security or of public order (ordre public), or of public health or morals. the provision of article 19(3) has been interpreted as meaning that only restrictions which meet a strict threepart test are considered to be legitimate. this three-part test is common in most international and much national jurisprudence pertaining to freedom of expression. the three part test provides that: a. the limitation must be provided by law. b. the limitation must serve a legitimate aim pursuant to article 19(3). c. the limitation must be necessary to protect the aim identified under the second part of the test. the state actor or entity imposing a limitation on free expression bears the burden of satisfying each of the three requirements. the requirements will now be considered independently. provided by law the first part of the three part test is that the restriction must be provided by law. the mere fact that there is a law prescribing a limitation does not satisfy this requirement. the siracusaprinciples provide that such law must be a law of general application in force at the time of its application and must be consistent with the covenant. it further states that the law imposing such restriction must be clear and accessible to everyone with adequate safeguards and effective remedies provided. it is clear that the term ‘law’ encompasses different types of laws, including administrative, civil and criminal laws, as well as s a constitution. it is also required that any law prescribing the limitation of freedom of expression be sufficiently clear and precise. to do so, the law must be formulated so as to enable a person to regulate his conduct and reasonably foresee the consequences of a given action. the courts have emphasized that the law must give adequate notice to those subject to it of exactly what is prohibited. otherwise, these laws will exert an unacceptable “chilling effect” on freedom of expression as individuals stay well clear of the potential zone of application in order to avoid censure. in gooding v. wilson , the court stated that the right to freedom of expression needed breathing space to survive and as such any regulation must be with narrow specificity. however, it is not reasonable to expect laws to be perfectly precise as they need sufficient flexibility to be applied in different circumstances as well as to be relevant overtime. this view was recognized by the european court in feldek v slovakia. legitimate aim the second part of the restriction of freedom of expression is that the restriction must be for the protection of a legitimate and overriding interest. the list of interests in article 19(3) is exclusive in the sense that are the only interests whose protection might justify a restriction of freedom of expression as was held in the case of mukong v cameroun . in addressing whetherthis requirement has been satisfied, the court will usually take into consideration both the effect and the purpose of such law, so that where the original purpose was to achieve an aim other than those listed, the restriction cannot be upheld. furthermore, the law must be exclusively and not tangentially directed towards the legitimate aim. the various interests shall now be considered. a limitation to human rights based on the rights, freedoms and reputation of others cannot be used to shield the state and its officials from criticism. the expression “public order (ordre public)” as used in the covenant is defined as the sum of rules which ensure the functioning of society or the set of fundamental principles on which society is founded. state organs or agents responsible for the maintenance of public order (ordre public) should also subject to controls in the https://journals.e-palli.com/home/index.php/ajsl pa ge 24 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 exercise of their power through the parliament, courts, or other competent independent bodies. a state which invokes public morality as a ground for restricting human rights, while enjoying a certain margin of discretion, is required to demonstrate that the limitati on in question is essential to the maintenance of respect for fundamental values of the community. public health may be invoked as a ground for limiting certain rights in order to allow a state to take measures dealing with a serious threat to the health of the population or individual members of the population. these measures must be specifically aimed at preventing disease or injury or providing care for the sick and injured. national security is perhaps the most notorious interest protected by the article, in terms of potential abuse as a restriction of freedom of expression. the problem is that on the one hand, national security is a social value of highest order, upon which the protection of all human rights, indeed our whole way of life depends. on the other hand, it is very difficult for non-experts including judges, to understand and assess what constitutes a threat to security undermining over sight mechanism. there have however been attempts to construe it. the sirucusa principles states that national security may be invoked to justify measures limiting certain rights only when they are taken to protect the existence of the nation or its territorialintegrity or political independence against force or threat of force. a claim of national security cannot be used as a pretext for invoking vague or arbitrary limitation or for local or positively isolated threats of law and order. principle 2 of the johannesburg principles: national security, freedom of expression and access to information drawing inspiration from the siracusa principles provides that a restriction is not legitimate unless its purpose and effect is to “protect a country’s existence or its territorial integrity against the use of force or its capacity to respond to use or threat of force” from either internal or external threat. lastly, even when justified, the law must be accompanied by adequate safeguards to ensure against interpretative abuse or disproportionate application. necessity the third part of the test is that the restriction of freedom of expression must be necessary to protect the interest identified under the second part of the test. the restriction must be necessary and proportionate to achieving one of the grounds outlined as a legitimate ground of restriction. this means that the restriction must be no more than absolutely required to achieving that aim, and proportionate to that goal. this part presents a high standard to be overcome by a state seeking to justify its restriction as the state must convincingly establish the necessity of the restriction. “necessary” is a complicated notion but it has been interpreted to include a number of elements: firstly, there must be a pressing or substantial need for the restriction. this is similar to the question of whether the restriction serves a legitimate aim. secondly, the measures taken to protect the right must be rationally connected to the objective of protecting the interest, in the sense that they are carefully designed so as to be the least intrusive measures which would effectively protect it. in r v oakes , the court held that: the measures adopted must be carefully designed to adhere to the objective in question. they must not be arbitrary, unfair or based on irrational considerations. in short, they must be rationally connected to the objective. finally, the restriction must meet some form of proportionality test, whereby the benefit in terms of protecting the interest must be greater than the harm caused to freedom of expression. otherwise, the restriction cannot be justified on the basis of such public interest. the african charter on human and peoples rights article 9 of the african charter protects the right to express and disseminate opinions within the law. the only other ground of limitation is contained in article 27(2) of the african charter which provides that the rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, and common interest. however, the african commission created a “declaration of principles on freedom of expression in africa” which reaffirms and elaborates on the right described in article 9. principle ii of the declaration states that: a. no one shall be subject to arbitrary interference with his or her freedom of expression. b. any restriction on freedom of expression shall be provided by law, serve a legitimate interest and be necessary in a democratic society. in the case of article 19 v eritrea , the african commission made pronouncement on the so called claw back clauses. the court’s jurisprudence interpreted such clauses as constituting a reference to international law, meaning that only restrictions on rights which are consistent with the state parties’ international obligation should be enacted by the relevant national authorities. the commission also held that national law cannot be used to negate obligations under the charter as it would render the charter meaningless and as such to allow national law to have precedence over international law of the charter would defeat the purpose of the rights and the freedoms enshrined in the charter. international human rights standards must always prevail over contradictory national law and as such any limitation must be in conformity with the provisions of the charter. the commission also held in the case of media rights agenda and anor v.nigeria that the african charter does not contain a derogation clause andtherefore limitations on the rights and freedoms enshrined in the charter cannot be justified by emergencies or special circumstances. the commission further stated that the only legitimate reason for limitation is contained in article 27(2) and as such any limitation of rights must be strictly proportionate https://journals.e-palli.com/home/index.php/ajsl pa ge 25 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 with and absolutely necessary for the advantages which are to be obtained. very importantly, any limitation must never have the consequence that the right itself becomes illusory. the african commission has also given decisions which construe the various grounds of limitation provided in the nigerian constitution. in scanlen and holderness v zimbabwe held that the concept of “public order” in a democratic society demands the highest possible amount of information. it is the widest circulation of news, ideas and opinion as well as the widest access to information as a whole that ensures this public order. the commission also noted that for a restriction to be “within the law”, the domestic legislation must be in conformity with the african charter and other international human rights instruments and practices. the commission usually adopts a broad interpretation in construing the phrase. in constitutional rights project and anor v. nigeria, the commission stated that it was sympathetic to all genuine attempts to maintain public peace, it noted that where extreme measures are used to curtail rights, it leads to greater unrest and that the judiciary should be empowered to check such excesses. the onus of establishing the justification of any of the fundamental rights guaranteed by the protection of the law must be on the party alleging such justification to derogate from constitutional guarantees. thus, the state or the relevant national authority will usually have to justify any limitation placed on the constitutionally guaranteed right to freedom of expression. the competent authorities should not enact provisions which would unduly limit the exercise of this freedom. states should not override constitutional provisions or undermine fundamental rights guaranteed by the constitution and international human rights standards. the international covenant on the elimination of all forms of racial discrimination the icerd recognizes the inherent tension between freedom of expression and prohibition of speech that incites to discrimination, hatred and violence. it has implications for construing forms of hate speech as it calls upon states to ban a much broader range of speech and action than the iccpr. article 4(a) provides that state parties shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement violence or incitement to such acts against any race or group of persons of another color or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof. the icerd however differs from the iccpr in certain respects. firstly, its conceptualization of hate speech is specifically limited to speeches that refer to race and ethnicity. secondly, it also imposes an obligation to criminalize racist ideas which may not necessarily be inciting discrimination, hostility or violence. the third and the most important difference is the issue of intent. the iccpr requires that intent to incite hatred needs to be proved. however, under the icerd, the mere dissemination of racial superiority or hatred, or even incitement to racial discrimination or violence, shall be punishable in accordance with the icerd. furthermore, the committee on the elimination of racial discrimination has actively addressed hate speech in its general recommendation 29 , in which the committee recommends state parties to: a) take measures against any dissemination of ideas of caste superiority and inferiority or which attempt to justify violence, hatred or discrimination against descentbased communities; b) take strict measures against any incitement to discrimination or violence against the communities, including through the internet; c) take measures to raise awareness among media professionals of the nature and incidence of descentbased discrimination. european convention on human rights european court of human rights has contributed immensely in developing jurisprudence on hate speech. article 10 of the european convention of human right guarantees right to freedom of expression, subject to certain formalities, conditions, restrictions or penalties stipulated in clause 2 of this article which reads: the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. legal implications and effect of the passing of the ‘hate speech bill’ into law asides from considering the preexisting legal framework, the hate speech bill as earlier stated, has received plenty criticisms from various stakeholders. it is therefore pertinent to examine and discuss the effects that the passing of the bill into law might have of some sections of the nigerian society. proposed bill and the nigerian government it will be helpful to state that in nigeria and as obtainable in other democracies, there exists a kind of relationship between free speech and hate speech, thus, striking a balance between the conflicting interests that exist between them is of utmost importance for any government. free speech derives its legitimacy from the constitution which vests legitimacy on the political authority. guarantees of free speech allow citizens to readily accept governmental authority. https://journals.e-palli.com/home/index.php/ajsl pa ge 26 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 it may be interesting to note that the united states does not have hate speech laws, since american courts have repeatedly ruled that laws criminalizing hate speech violate the guarantee to freedom of speech contained in the first amendment to the united state constitution. by necessary implication, hate speech enjoys substantial protection under the first amendment; this is premised upon the presumption that freedom of speech requires the government to strictly protect robust debate on matters of public concern notwithstanding that such debate degenerates into distasteful, offensive, or hateful speech that causes others to feel grief, anger or fear. while freedom of expression is clearly protected by a considerable body of treaty law, it can also be regarded as a principle of customary international law, so frequently is the principle enunciated in treaties, as well as other soft law instruments. most human rights treaties, including those dedicated to the protection of the rights of specific groups – such as women, children and people with disabilities make explicit mention of freedom of expression. perhaps, the most significant international legal source of the right to freedom of expression is set out in article 19 of the international covenant on civil and political rights nigeria acceded into the treaty on july 29, 1993. nigeria has also ratified that african (banjul) charter on human and people’s right which it ratified on july 22, 1983. also nigeria has also ratified the international convention on the elimination of all forms of racial discrimination on october 16, 1967. these instruments impose certain obligations on states to fulfill, respect, promote and protect these rights. states are also obliged to ensure that their domestic laws are brought in consistency with their international obligations. in this light, it is opined and submitted that even in the consideration of the hate speech bill by the nigerian government, it should bear in mind its obligations and duties under the various international, regional and subregional treaties that it has acceded to. in giving such consideration, it will align itself with best global practices. proposed bill and fundamental human rights freedom of expression has always been a vital feature of any society. in modern times, it has assumed even greater importance. freedom of expression is an important fundamental right because the right to speak one’s mind freely on important issues in society, access information and hold the powers to account; plays a vital role in the healthy development process of any society. expression in this context includes the right to hold views or opinions, speech, publish articles or books or leaflets, television or radio broadcasting, producing works of art, communication through the internet, some forms of commercial information and many other activities. simply construed, the right to freedom of expression can be defined as the right to right to communicate or express one’s opinions. it is universally acknowledged that the right to freedom of expression is a foundational human right of great importance. at the same time, it is also recognized that it is not an absolute right, and every democracy has developed some system of limitations on freedom of expression. at the top of such restrictions are speeches which incite violence, expressions which are hateful, offensive and obscene or any expression which is legally prohibited. such restrictions are usually borne out of the need to protect the rights of others as well as the obligation of the state to preserve public peace, public morality and public order. the hate speech bill when juxtaposed with the tenets of fundamental human rights, the freedom of expression in particular a vicious circle of affront is seen. the bill is a heinous attack on freedoms guaranteed under the umbrella of rights that are fundamental to human beings; an attack that should be seen in all its glorified wrongs and so vehemently rejected. for an attack on the freedom of expression is an attack to the very essence of living. proposed bill and the constitution the preamble to the 1999 constitution of the federal republic dedicates itself to “promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people.” chapter iv of the nigerian constitution provides for a number of rights amongst which is the right to freedom of expression. section 39(1) provides that: every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. also, section 45(1) provides that: nothing in sections 37, 38, 39, 40 and 41 of this constitution shall invalidate any law that is reasonably justifiable in a democratic society (a) in the interest of defense, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom or other persons furthermore, section 42 which provides for the right to freedom from discrimination states that a nigerian shall not as a reason of his political opinion (one of the grounds listed) be subject to any disability or restrictions either expressly, or in the practical application of, any law in force in nigeria or any executive or administrative action. the constitution makes no provision for the prohibition of hate speech and other offensive remarks. and so the debate as to the subsequent constitutionality of the hate speech bill if it ever sees the light of the day is a viable one. it should be noted however, laws have relied on the limitation of rights provided for in section 45 to do so. proposed bill and the citizens of nigeria nigeria’s political history reveals that there have been consistent and persistent threats to the exercise of free speech by citizens. it is quite appalling that despite these https://journals.e-palli.com/home/index.php/ajsl pa ge 27 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 experiences during the military era where suppression of free speech and a general violation of human rights were the order of the day, the nigerian senate considers it a national priority to prohibit what it terms hate speech. this is reflective and symptomatic of the shallow minded leadership that we currently have at the senate. the hate speech bill as stated earlier can inadvertently become an anti-free speech bill, this appears to be the legitimate fears of the citizens. nigeria is facing an emergency in terms of insecurity, poor infrastructure and a weak economy, these areas are begging for legislative interventions. the senate should be alive to its legislative responsibilities, its oversight functions have become more of sight-seeing lately. the constitution and other relevant statutes as stated time over in the course of this research have placed the freedom of speech within certain legal restraints. the ample provisions contained to check abuse of free speech makes this proposed hate speech bill utterly irrelevant and unnecessary, the attempt of the legislature to avert certain occurrences from happening may not only amount to a wild goose chase but it could bring to reality the worst state of governance that leaves the citizens with no choice than to find other unlawful ways through which their opinions may be expressed. nigerians need respite from the highhandedness and insolence of the ruling class, the national mood suggests that there is a deep-seated anger against the political class which has a strong penchant for riding roughshod on the masses. it can be safely assumed that the proverbial last straw that will break the camel’s back may be the unfortunate passage of this proposed bill into law. hate speech bill remains one of the most controversial bills currently making rounds in the national assembly. stakeholders have clamored that the bill be thrown out for various reasons ranging from its imposition of capital punitive measures, it’s poor definition of terms, or the fact that it is unnecessary and superfluous, which happens to be the basis of this paper. the view of this paper, and very much that of civil society organizations in nigeria, is that the government does not have any patriotic or nationalistic reason for amending the existing broadcasting laws or laws existing that regulate hate speech in nigeria. the existing cyber crimes act and the anti-terrorism act, among other pre-existing regulations discussed paper, which already cover many of the offences the new bills seek to address should be given more attention and effect to rather than waste valuable resources on the enactment of fresh laws to enable effective implementation and avoid a situation of plurality of laws. flowing from this, a starting point is to recognize that the line between offensive and hate speech is often blurred. while proper hate speech—what i define as presenting “clear and imminent danger” of triggering violence — should be criminalized (but certainly not with death penalty), non-legal instruments would be more effective in a polarized society like nigeria to deal with offensive and other hurtful speech forms. in this respect, a taxonomy of what constitutes hate and offensive speeches would be good foundation. media organizations through their unions should then be urged to incorporate these as part of good journalistic practice and impose sanctions on erring members. perhaps one of the most effective ways of combating hate speech would be to marginalize purveyors of such speeches. in the u.k., while far-right, fascist parties like the british national party and the racist ideas they support are not banned, mainstream british politician avoid associating openly with members of such parties. in nigeria, on the other hand, offensive and hate speech mongers are often seen as regional and ethnic heroes. nigerians should also learn to laugh at themselves. this is already happening in some ways with the country’s comedians who dish out jokes breaking down the lines of ethnic and regional profiling, showing that every ethnic group is both a victim and a victimizer. the national orientation agency—responsible for communicating government policy and promoting patriotism—in concert with civil society groups and community leaders, should also embark on a campaign against the use of hate speech. in the same vein, internet service providers should be encouraged to bring down blogs and websites they host which publish, promote, or provide unfettered space for the expression of hate and offensive speeches. put simply, more than just changing the law, it will take efforts from all sections of society— government, media, business, community leaders, civil society, and more—to curb the influence of hate speech in nigeria. also, international law and standards require states to prohibit in law advocacy of hatred that constitutes incitement to discrimination, hostility or violence (commonly known as “hate speech”). this research work recommends that such prohibitions need to be set forth in law and formulated precisely. the law and its application must also comply with the required guarantees on the right to freedom of expression, and in particular must meet the requirements of necessity and proportionality, in compliance with article 19(3) of the international covenant on civil and political rights (iccpr). this is not an attempt to support the promotion of hate speeches. hate speech in itself is wrong, it threatens the country‘s unity, peace and efforts of the government in nation building, and it similarly widens the social gap between nigerians. however, it is the recommendation of this research work that its regulation should be traded with caution, the extremely punitive capital punishments proposed in the bill should be reviewed and the wordings of the bill should be redrafted to avoid falling into a slippery slope with precarious consequences. legislators should engage the services of experienced and knowledgeable draftsmen or lawyers in drafting such sensitive laws because at the bottom of it all, the aim is to build a unified and peaceful nigeria. https://journals.e-palli.com/home/index.php/ajsl pa ge 28 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 conclusion hate speech exists both in nigeria and other jurisdictions. on the other hand, freedom of expression is one of the basic fundamental human rights in the constitution of most nation states. freedom of expression is widely accepted as being necessary in a democracy as it facilitates the exchange of diverse opinions. democracy guarantees and protects civil and political rights. freedom of expression is essential for vibrant, robust and rigorous debate, disagreement and contention. the right to free speech is not unlimited, while few consider this freedom to be absolute, most would require compelling reason before considering the abridgement of freedom of expression to be justified. from the foregoing, hate speech depicts any utterance whether verbal or virtual which can endanger public safety, unity and national security. anything short of this deserves to be curtailed so as not to lead to anarchy and violence. it is pertinent to note that for speech to qualify as hate speech, it must have occurred in the public. with the expansion of the internet and the social media, new regulatory challenges more frequently arise because of the global reach of hate speech once transmitted. from the foregoing it is pertinent that limitations should and must be placed on hate speech. however, caution must be exercised to ensure that the rights of citizens to express themselves are not suppressed there is no point overemphasizing that hate speech and similar forms of expressions can contribute substantially to the deterioration of societal stability and drive a country to armed confrontation. however, given the plethora of international treaties, laws and legal principles that are operative in nigeria that seeks not only to prohibit hateful and offensive speeches but also to punish same it will be deemed superfluous to enact yet another under the designatum “the independent national commission for the prohibition of hate speeches”. such an effort coming at a time when the nation is faced with numerous challenges such as a growing rate of insecurity, kidnapping, armed robbery, police brutality, abject poverty, gross under-development, only to mention but a few, it would seem that the government is directionless and lack the political will to tackle problems that are true to nigerians. if the government’s intention is true as to the prohibition of hateful and offensive speeches so as to curb the menace it leaves at its wake, efforts should be geared towards giving effect to laws that have already made such provisions. rather than wasting the nation’s time, energy and resources in the pursuit of such pointless venture. nigerians need some sort of succor from the highhandedness and insolence of the ruling class, the promulgation of such a bill at a time like this when there is a deep-seated anger against the political class which has a strong penchant for riding roughshod on the masses will be like the proverbial last straw that will break the camel’s back and the aftermath of such will be left to wild imaginations. the #endsars movement will only be but a tip of the iceberg. reference a jideofor (2018). should the law be used to curb hate speech in nigeria? nassarawa state university, keffi. african (banjul) charter on human and people’s rights, adopted june 27, 1981, oau doc. cab/leg/67/3 rev. 5, 21 ilm. 58 (1982). hereinafter referred to as “african charter” all india reports sc 775. see also r v. butler (1992). 1 scr 452. arup bhuyan v. state of assam (2011). 3 scc 377. all nigeria law report (nlr) (1962). 324. aclu v. reno (1996). 929 f. supp 824. also criminalised by criminal code, s393; penal code, s59 and newspaper amendment act, s4. a.adepegba, (2017). audumaikori to face trial. retrieved on june 19, 2017. http://punchng.com/maikorireleased-by-police-to-face-trial/ american association for the international commission of jurists, siracusa principles on the limitation and derogation provisions in the international covenant on civil and political rights (1985). u.n. doc. e/ cn.4/1985/4. a. razaq, p. udende, a. ibrahim and l. oba, (2017). media, politics and hate speech: a critical discourse analysis. e academia journal, 243. article 19 v. eritrea (2007). ahrlr 73 achpr adopted by a group of experts convened by the international human rights ngo, article 19. (london: 1996) african (banjul)(june 27, 1981). charter on human and people’s rights, adopted june 27, 1981, oau doc. cab/leg/67/3 rev. 5, 21 ilm. 58 (1982). brandenburg v. ohio (1969). 395 us 444 b. adetokunbo, “impact of military rule on fundamental human rights in nigeria” in okpara okpara ed. op. cit. at 365. constitutional rights project v. nigeria (2000). ahrlr 233 achpr 1999 committee on the elimination of racial discrimination, general recommendation 29, discrimination based on descent (sixty-first session, 2002), u.n. doc. a/57/18 at 111 (2002). reprinted in compilation of general comments and general recommendations adopted by human rights treaty bodies, u.n. doc. hri\gen\1\rev.6 at 223 (2003), paras. r, s and t criminal code act (1985). cap. c 38 lfn 2004 s. 377. 6 nigerian commerical law report (nclr) 228. constitution of the federal republic of nigeria.(cfrn) (1999). (as amended) section 39 cybercrimes act, s26(1) (b) and (c) cybercrimes act, s26. chavundunka v. minister of home affairs (1985). wclr 228, 6. constitutional rights and anor v. nigeria (2000). ahrlr 227 achpr 1999 dpp v.chike obi (1961). anlr, 1 https://journals.e-palli.com/home/index.php/ajsl pa ge 29 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 electoral act, s95 and s102 edward n (ed)the stanford encyclopaedia of philosophy (fall 2016 ed.) examples include the cases of the sunday times v. united kingdom, (26 april 1979). application no. 6538/74, para. 45; mukong v. cameroon 21 july 1994, communication no. 458/1991, para. 9.7 (un human rights committee). e p guiro, (2017). hate speech on social media, philosophia, 45(3) 957-971. european convention on human rights, adopted november 4, 1950, entered into force september 3, (1953). hereinafter “echr”. there is no need for a hate speech law” available @ https://www. thisdaylive.com/index.php/2019/11/22/there-is-noneed-for-a-hate-speech-law/ retrieved 8th january 2021 e. neisser, ‘hate speech in new south africa: constitutional consideration for a land recovering from decades of national repression and violence (1994). 10, south african journal of human rights, 337 feldek v. slovakia (12 july 2001). application no. 29032/95, para. 56. guidelines for political rallies, code of conduct for political parties and the nigerian media code of conduct for political parties gooding v. wilson (1972). 405 us 518 p. 522 handyside v. united kingdom (1976). ehrr 737 at para 49, 1. h.kukah‘hate speech, social media and the (2015). election. retrieved on on 3rd january, 2021. pointblanknews.com/pbn/.../hate-speech-socialmedia-2015-election international covenant on civil and political rights(1996). ungar2200a (xxi) 1996 article 19. international convention on the elimination of all forms of racial discrimination (icerd) (october 16, 1967). i. gigilardone, d. gil, t. alves and g. martinez, (2015) countering online hate speech, unesco: paris, 10 i. gigilardone, d. gil, t. alves and g. martinez, countering online hate speech(2015). unesco: paris, 2015. international covenant on civil and political rights march 23, (1976). 993 unts international convention on the elimination of all forms of racial discrimination (icerd) october 16, 1967 juma and ors v. attorney general (2003). ahrlr 179 kehc 2003 international covenant on civil and political rights (march 23, 1976). 993 unts. hereinafter referred to as “iccpr”. j. adibe, fayose’s advert: offensive or hate speech? adapted from conference paper presented at a roundtable on hate speech organised by the kukah centre and the macarthur foundation, abuja, on january 27, 2015. j. waldron, the harm in hate speech (2012). harvard university press: cambridge, 87. k.o mrabure, ‘counteracting hate speech and the right to freedom of expression in selected jurisdction’(2016), 7, nnamdi azikwe university journal of international law and jurisprudence, 160 law of the federation of nigeria (lfn) (1990). cap. 77. now cap. c. 38 laws of the federation of nigeria 2004. law of the federation of nigeria (lfn)(1990). cap 345 now cap. p. 3 vol. 13 laws of the federation of nigeria 2004. law commission of india, hate speech march (2017). report 267, 15. law commission of india, hate speech, (march 2017). report 267, 37. m. l.nnabuike, media law and policy in nigeria (2016). malthouse press: lagos, 2016, 163. m. nowak, un covenant on civil and political right: ccpr , (2005). kehl ltd: engel cop. media rights and anor v. nigeria (2000). ahrlr 200 achpr at para 67 mukong v. cameroun (21 july 1994). communication no. 458/1991, para. 9.7 (un human rights committee) nigerian weekly law report (nwlr) (1989). pt. 116, 439. nigeria’s human rights commission denounces hate speech in political rallies and social media (2021). retrieved on 3rd january, 2021 newsdiaryonline.com/ nigerias-rights-commission-denounces-hate-speechpolitical-rallies-social-media/ omrabure counteracting hate speech and the right to freedom of expression, (2016). nnamdi azikiwe university journal of international law and jurisprudence, 17. pursuant to article 45(1) of the african charter (2002). signed at the 32nd session of the african commission on human and people’s rights in banjul, gambia. october 2002. rex v ademaarubi (1935). 11 nigeria law report (nlr) 27, ogbuagu v police (1953) 2 nigeria law reports nlr 139. ramesh v. union of india (1988). red alert on hate speech prevalence in nigeria, (2021). retrived on 3rd january 2021. http://intervention. ng/6220/ r v. butler (1992). scr 452, 1 r v. amalgamated press (1965). all nlr 199 refahpartisi (the welfare party) and others v. turkey, (13 february 2003). application nos. 41340/98, 41342/98, 41343/98 and 41344/98 (european court of human rights), para. 58 r v. big m. drug mart ltd (1985). 1 scr 295. 331 r v. oakes (1986). scr 103, 1, 138-139. see, for example, tolstoy miloslavsky v. united kingdom, (13 july 1995), application no. 18139/91 (european court of human rights). social and economic rights action centre (serac) and another v nigeria (2001). 60 ahrlr (achpr 2001) https://journals.e-palli.com/home/index.php/ajsl pa ge 30 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 1(1) 17-30, 2022 salc litigation manual series (2021). freedom of expression: litigating cases of limitations of the exercise of freedom of speech and opinion. retrieved on 5th january 2021. http://www.southernafricalitigationcentre. org/1/wp-content/uploads/2016/09/freedom-ofexpression-manual.pdf see c. oko, (1978 1988). constitutionality of nigerian sedition law arthur nwankwo v the state. njr, 3, 186 187. sunday times v. uk (26 april 1979). application no. 6538/74, para. 45. shreya singhal v. union of india (2015). all india reports 1523 state of maharasthra v.sangharajdamodarrupawate (2010). scc 398, 7. section 45(1)(a) constitution of the federal republic of nigeria (1999). as amended article 19. siracusa principles (n 21) at 47. principle 43. s. rodney, free speech in an open society (new york: knopf, 1992), 319 siracusa principles (n 21) at 47. principle 29. see, for example, lingens v. austria, (8 july 1986). application no. 9815/82, para. 39 (european court of human rights). scanlen and others v. zimbabwe (2009). ahrlr 289 achpr 2009 sahara reporters, (2021). police arrest kemi olunloyo over blogpost accusing pastor of adultery. retrieved on 8th january, 2021. http://saharareporters. com/2017/03/17/police-arrest-kemi-olunloyo-overblog-post-accusing-pastor-adultery see declaration of the principles of freedom of expression in africa note 207 at 45 see defining defamation, principles on freedom of expression and protection of reputation (2021). retrieved on 8th january, 2021. http://www.ipu.org/ splz-e/sfe/definition.pdf sunday times v. united kingdom(n 21) at 46. serac v. nigeria (2001). 60 ahrlr (achpr 2001). t. mendel, (2021). restricting freedom of expression: standards and principles. being paper for meeting hosted by the un special rapporteur on freedom of opinion ad expression. retrieved on 8th january, 2021. http://www.law-democracy.org/wp-content/ uploads/2010/07/10.03.paper-on-restrictions-onfoe.pdf the rights and reputation of others and the protection of national security, public order, public health and public morality. thappar v. state of madias (1950). scr 594. 603 toby mendel (n 21) at 47. the centre of information technology report of the occurrence of the use of hate speech in nigeria. (july 2016). retrieved on 2021 from http://intervention. ng/4100 the increasing problem of hate speech in nigeria (2020). retrieved 8th january 2020 https://www. brookings.edu/blog/africa-in-focus/2018/10/02/ should-the-law-be-used-to-curb-hate-speech-innigeria/the declaration of the rights of man and the citizen, as approved by the national assembly of france. (august 26, 1789) article 16 ‘any society in which no provision is made for guaranteeing of rights...... has no constitution’. the united nations committee on the elimination of racial discrimination – general recommendations on combatting racist hate speech (2013). cerd/c/ gc/35. council of europe committee of ministers recommendation no. (1997). 20 on hate speech (adopted by the committee of ministers on 30 october 1997at the 607th meeting of the ministers’ deputies universal declaration of human rights (1948). article 19 unlike in civil defamation where communication of the defamatory matter to the plaintiff alone will not constitute publication. the defendant must have communicated it to a third party. https://journals.e-palli.com/home/index.php/ajsl pa ge 1 pa ge 11 american journal of society and law ( ajsl) endsars to efcc: trading one nightmare for another summer okibe1, essien oku essien2* volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.3259 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: september 15, 2024 accepted: october 16, 2024 published: february 06, 2025 the transition from the endsars movement to increased harassment by the economic and financial crimes commission (efcc) in nigeria signifies a troubling swift shift in governmental repression. although the endsars protests seemed to have successfully led to the dissolution of the notorious special anti-robbery squad (sars), they inadvertently led to a new form of persecution – efcc. this study employs discourse analysis (da) and this approach is particularly suited for analyzing the discourses around endsars and the efcc, given the power struggles, ideological conflicts, and societal impacts involved. drawing from sources which include news articles and editorials from major nigerian newspapers and online news platforms, social media posts, comments, and hashtags related to endsars and the efcc on platforms such as twitter, facebook, and instagram, the study shows that the efcc, initially established to curb financial crimes, has begun targeting the youths, employing similar tactics of arbitrary arrests, detentions without trial, and abuse of power. this transition from police brutality to financial harassment shows the rising wave of abuse of authority within nigeria’s law enforcement agencies, undermining public trust and violating both national and international legal rights. consequently, the frequent detention of individuals, seizure of property, and public shaming of arrested individuals by nigeria’s efcc can impede business operations, leading to financial losses and, in some cases, the demise of fledgling enterprises this article explores the consequences of this transition, emphasizing the urgent need for comprehensive reforms to safeguard individual freedoms and uphold the rule of law in nigeria. keywords brutality, efcc, endsars, financial crime, nigeria, sars 1 university of victoria, british columbia, canada 2 drexel university, philadelphia, usa * corresponding author’s e-mail: eoe25@drexel.edu introduction an important turning point in the fight for youth rights and justice came with the launch of the endsars campaign in nigeria in october 2020 (inyang & essien, 2021). many young people were inspired to act because they were fed up with the actions of the special antirobbery squad (sars), a police unit known for its repeated violations of human rights. this led the movement to call for the unit’s total dissolution. the use of social media to document acts of misbehavior and to show the gravity of the protesters’ goals helped bring these demonstrations to the forefront and make them widely known. oyebode (2022) portrays that the victory was short-lived, even though the government eventually announced that sars had been disbanded. upon waking up, the youths were faced with yet another troubling predicament the efcc had become an even more harmful instrument of state persecution. hence, there arises the need for a comprehensive examination of the human rights and legal ramifications of the efcc’s shift from financial persecution to police brutality. coming as an aftermath of the 2020 endsars campaign, amaefule and umeaka (2016) notes that the economic and financial crimes commission (efcc) now targets and arbitrarily detains young nigerians in an effort to combat corruption and financial crimes. in 2003, the economic and financial crimes commission (efcc) was established to combat the pervasive corruption and financial crimes in nigeria. the efcc first won over the public’s sympathies, but its tactics are now under criticism for the brutality they used. to recall, the endsars protest was against this method of public policing and law enforcement. amnesty international (2022) reports that the efcc has shifted its focus to creating an atmosphere of fear and intimidation through the unjust arrest and imprisonment of young persons. this change highlights the long-lasting trend of government repression in nigeria. the shift from sars to efcc harassment is explored in this study, along with the human rights and legal ramifications of this shift. this study aims to provide a thorough examination of the endsars movement, covering its origins, objectives, and outcomes. additionally, this examination will provide a thorough overview of the efcc’s beginnings, goals, and actions, as well as a critique of its formation. the study compares sars and the efcc’s enforcement strategies, looking for similarities and differences as well as any violations of human rights that may have resulted. testimonies from individuals who have experienced or witnessed harassment from the efcc are incorporated into the study to support this comparison. to further highlight the gravity of these crimes, this research also looks at the broader human rights and legal ramifications, drawing on both local laws and international accords. the study further looks at the roles of various oversight pa ge 12 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 bodies and the shortcomings of existing systems to see what is preventing these abuses from ending and what is preventing them from being more severe. by highlighting the perspectives and reactions of key actors including civil society groups and the international community, the study aims to provide a comprehensive picture of the subject. at the end, the study proposes concrete reforms, stressing the need to strengthen legal frameworks, enhance oversight, and increase accountability to safeguard human rights in nigeria. to address these systemic issues and ensure that the lessons acquired from endsars are not ignored, the study stresses that politicians, legal professionals, and human rights advocates must act immediately. materials and methods this study employs discourse analysis (da) because it allows for an in-depth examination of how language reflects and shapes power relations within society. given the power struggles, ideological conflicts, and societal impacts, this approach is particularly suited for analyzing the discourses around endsars and the efcc. the da framework, somewhat influenced by the works of norman fairclough, teun a. van dijk, and ruth wodak, guides the discussion by focusing on description, interpretation, and sociocultural practice (explanation). the insights developed in this study were collected from various sources to capture a comprehensive picture of the discourse. these sources include news articles and editorials from major nigerian newspapers and online news platforms. social media posts, comments, and hashtags related to endsars and the efcc on platforms such as twitter, facebook, and instagram. reports and publications by local and international human rights organizations. a purposive sampling technique was employed to select texts that are rich in content and relevant to the research topic. the sample includes texts from the peak periods of the endsars protests (october 2020) and significant efcc operations or controversies up to the present. results and discussion the endsars movement anger against the special anti-robbery squad (sars) was the impetus for the endsars campaign, which emerged as a powerful protest against the excessive power of the nigerian police. extrajudicial killings, torture, and extortion are only a few examples of the many human rights violations committed by sars since its inception in 1992 as identified by ulo (2021). calls for the disbandment of the sars unit were sparked in many states in october 2020 when a video purportedly showing the death of a young man by sars officers in ughelli, delta state went viral (nwafor & nwabuzor, 2021). protests, live updates, and footage of police brutality were all made possible through social media, which contributed to the movement’s rapid growth and attracted international attention. a global audience noticed nigeria’s youth’s plight as the hashtag #endsars became viral. protesters called for improvements to the nigerian police force and the elimination of sars. justice for victims of police brutality and the establishment of an independent body to oversee investigations into police misconduct are two components of these changes. a non-partisan stance and widespread support from people all across the world helped the campaign gain and maintain momentum (ulo, 2021). the government was at first against the protesters, but they had little choice but to respond due to the increasing number of supporters and intensity of the demonstration. the nigerian government formally ended sars on october 11, 2020, which the protestors cautiously welcomed. nevertheless, the declaration was deemed inadequate, considering the government’s track record of making comparable commitments without substantial implementation. the protesters called for tangible measures, including the prosecution of officers involved in misconduct and extensive overhauls of the police force. on october 20, 2020, security personnel fired upon peaceful protesters at the lekki toll gate in lagos, causing multiple casualties and increasing public anger. a news report published in premium times (2021) showed that the event, also known as the lekki massacre, served as a pivotal moment in the endsars movement, shedding light on the government’s readiness to employ deadly force against its people. the impact of the endsars movement extended beyond its immediate objectives. currently, it has inspired and motivated many nigerian young people, fostering a culture of involvement in politics and activism, hence, the rise of the obidient movement may in some way be associated with the energy that was birthed during the endsars protest. the endsars movement also underscored the importance of digital advocacy in mobilizing and maintaining protest movements (fabiyi, 2023). nevertheless, the reaction to the protests revealed underlying problems within nigeria’s governance systems, such as a deficiency in holding individuals responsible, the disregard for consequences faced by security forces, and the vulnerability of the legal framework as identified by a publication by the sahara reporters (2021). the government’s stringent measures against demonstrators and subsequent intimidation by the efcc have sparked apprehension regarding the state’s dedication to human rights and democratic tenets. the endsars movement symbolizes a notable success in rallying the public against police violence, while also serving as a clear indication of the ongoing obstacles in attaining institutional change (ecoma, 2023). the movement’s impact on the discussion around human rights and governance in nigeria persists, emphasizing the necessity of ongoing activism and attentiveness to guarantee that the pledges of reform result in concrete transformation. examining the escalating instances of efcc harassment necessitates an appreciation of the historical and social circumstances elucidated by the pa ge 13 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 endsars movement. this movement not only sets the stage but also fuels the resistance against possible governmental tyranny. the rise of the efcc as stated earlier, the economic and financial crimes commission (efcc) was founded in 2003 as a component of nigeria’s endeavors to combat the widespread corruption and financial crimes that had significantly hindered the nation’s economic progress and governance. the efcc was established as a specialized organization with a comprehensive mandate to investigate and prosecute economic and financial crimes, such as money laundering, advance fee fraud (often referred to as “419” scams), and corruption in the public sector. at first, the efcc garnered substantial public backing and was regarded as a crucial instrument in combating the widespread issue of corruption in nigeria. during the tenure of its inaugural chairman, nuhu ribadu, the efcc initiated numerous notable investigations and legal actions, specifically focusing on influential politicians, business magnates, and government officials (okpaga & ugwu, 2012). the agency’s efforts garnered both praise and censure, as it was accused of being utilized as a political instrument to target government adversaries. notwithstanding these problems, the efcc’s initial years were characterized by a sequence of triumphs that enhanced its standing both within the country and on the global stage. obuah (2010) notes that in 2006, the agency played a crucial role in nigeria being taken off the financial action task force (fatf) list of non-cooperative countries and territories. in nigeria, the continuous battle against corruption has shown tremendous progress, according to premium times (2021). the efcc’s strategies and objectives came under increasing scrutiny and criticism over time. human rights breaches began to surface, including instances of disproportionate force being used, wrongful incarceration without due process, and unfair arrests (obuah, 2010). the efcc’s regular disrespect for legal standards and procedural procedures, according to critics, undermined the organization’s credibility and effectiveness. these concerns were further compounded by the idea that powerful people and institutions engaged in significant corruption often avoided punishment and that the efcc unfairly targeted young people, particularly those charged with cybercrime. drawing from a sahara report (2021) publication, a shift in the efcc’s focus has given rise to claims that the organization has become a weapon for the state’s repression rather than a respectable anticorruption group. the efcc is somewhat being used as a tool of intimidation after the endsars movement. the younger generation was heavily involved in the demonstrations, and it is allegedly the target of the efcc’s activities. people have been arrested and placed under detention based on vague and generic accusations of financial malfeasance. many young nigerians feel that they have been unfairly targeted for persecution and prejudice, which has caused them to worry more and feel less confident. the efcc’s strategies bear a strong resemblance to the harsh and overbearing measures taken during the sars group, suggesting that the state’s repressive actions persist under a different cover. the efcc’s actions have not only drawn notice and condemnation from across the world, but they have also caused concern on a national and international level. many international non-governmental organizations and human rights groups have voiced their criticism of the tactics used by the efcc and have called for more oversight and accountability (bello & cosmas, 2022). the agency’s actions have cast doubt on nigeria’s commitment to upholding international human rights standards, particularly regarding the treatment of suspects and the protection of civil freedoms. in addition to the obvious effects on the impacted people and communities, the efcc’s actions have a substantial influence on nigeria’s position internationally and its dedication to preserving legal and regulatory systems (abdulrauf, 2020). the creation of the efcc has given nigeria’s fight against financial mismanagement and corruption a more complex and oftentimes contradictory dynamic. while the agency’s founding was praiseworthy, charges of wrongdoing and abuse of power have damaged the organization’s growth. given the efcc’s emphasis on youth in nigeria in the wake of the endsars campaign, a thorough assessment of the organization’s functions and procedures is required. mayerfield (2016) supports that rebuilding public trust and ensuring effective government would require addressing these issues through legislative changes, improved oversight, and a reaffirmed commitment to human rights and fair legal processes. transition from sars to efcc harassment the shift from sars to efcc harassment brings attention to the persistence of publicly sanctioned corruption in nigeria. at first, the dissolution of sars was celebrated as a triumph for the endsars campaign. however, the subsequent intensification of the efcc’s aggressive strategies has made this accomplishment seem less noteworthy. to show how ongoing acts of corruption and despotism have obstructed any chance of advancement, this section compares and contrasts the strategies and objectives of sars and efcc. the indiscriminate detentions, torture, and unlawful killings that sars was known for are portrayed by etim et al. (2022). the younger generation was especially subject to these tactics, which aimed to incite fear and quell opposition by using stereotypes about people with certain physical traits, such as dreadlocks or tattoos, which were commonly linked to criminal behaviour. the dissolution of sars did not spell the end to these abuses, despite intense criticism. however, in its efforts to combat financial crimes, the efcc has reportedly used comparable strategies. there have been accusations that pa ge 14 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 the commission has been involved in arbitrary detentions and imprisonments, frequently without adhering to the correct legal processes. cybercrime and financial fraud are legitimate concerns, but these practices unfairly affect young people, especially those with mysteriously high wealth. there are a lot of similarities between the ways sars and the efcc operate. claims that they used torture to coerce suspects into confessing or providing information have dogged both groups. attacks, threats, and extended jail terms without a fair trial are some of the psychological and physical forms of abuse that victims have described. the international covenant on civil and political rights (iccpr) (assembly, 1966) proscribes torture, and these practices go against both nigerian law and international human rights norms. sourced cases demonstrate notable similarities in the functioning of sars and the efcc. victims have described experiencing physical and psychological maltreatment (cross, 2020). in addition, both sars and the efcc have faced allegations of selectively focusing on particular demographics, specifically young males, who are frequently subjected to stereotypes associating them with criminal activities or fraudulent behavior due to their looks or way of life. figure 1: photos of individuals apprehended by the efcc on suspicion of involvement in financial crimes. source: randomly sourced from heritage times (2021) & prime news (2021) figure 2: photo showing the efcc’s mass arrest of individuals suspected of financial crimes. source: leadership news (2022) the efcc’s intensified efforts to combat financial crimes have inadvertently given rise to a novel type of harassment that extends beyond the primary targets, affecting a larger number of individuals (obuah, 2010). an instance of this is the commission’s inclination to publicly disgrace individuals during raids and arrests. this involves publicly portraying the accused as a criminal before any official legal processes have begun. in addition to eroding the concept of assuming innocence, this type of behavior stigmatizes entire communities and cultivates pa ge 15 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 an environment characterized by fear and distrust. the efcc has faced criticism for what certain individuals perceive as a lack of openness and accountability in its activities. drawing from the video below whose link is provided, it is believed that many incidents are rooted in political or personal goals rather than legal law enforcement purposes. figure 3: screenshot from a video featuring a man discussing the issues surrounding efcc arrests. source: access video via: https://www.facebook.com/watch/?v=501464728891123 figure 4: screenshot from a video showing youths protest against alleged efcc brutality. source: access video via: https://www.youtube.com/watch?v=dytqvoqfppq there are structural problems with the justice and police systems in nigeria, as shown by the many cases of state abuse (ranging from sars to the efcc) (balogun et al., 2021). problems with abuse, dishonesty, and a lack of responsibility remain unsolved, even if the names and titles of the organisations involved have changed. this matter highlights the importance of making significant changes that go deeper than superficial adjustments to tackle the root causes of these abuses. to ensure that the police adhere to human rights and legal boundaries, it is necessary to establish mechanisms such as checks and balances, impartial investigations, and protective measures (oromareghake et al., 2018). furthermore, to overcome the prejudices and biases that hinder certain individuals from escaping their victim status, a more extensive societal transformation is necessary (premium times, 2021). the transition of harassment in nigeria from sars to the efcc is indicative of the persistent existence of state brutality and tyranny. although the disbandment of sars marked a major triumph for the endsars campaign, the emergence of the efcc’s assertive strategies underscores the persistent obstacles in attaining substantial transformation. an pa ge 16 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 all-encompassing approach to solving these concerns requires changes to the legislation, more monitoring, and a strong commitment to defending human rights and encouraging fair treatment. by drawing lessons from the experiences of those affected by sars and the efcc, it is feasible to establish a just and transparent law enforcement system in nigeria. legal and human rights implications the acts of the efcc in nigeria have raised serious legal and human rights issues, taking into account the constitutional protections and international commitments of the country (mikail, 2018). the nigerian constitution ensures fundamental human rights, such as the right to life, freedom of speech, and protection against torture and other forms of harsh treatment, under chapter iv. however, the efcc frequently violates these laws, so undermining the principles of the rule of law and resulting in significant encroachments on individual freedom. this section analyses the precise manner in which the acts of the efcc contradict both local laws and internationally recognized human rights principles. the statement emphasizes the urgent requirement for legally required modifications to the legislation and increased responsibility. the efcc’s actions raise major legal concerns due to the practice of arbitrary arrests and prolonged incarceration without trial (oke, 2013). the nigerian constitution guarantees an individual’s right to personal liberty and also requires that any person who is arrested or detained be promptly presented before a court. notwithstanding these safeguards, several stories indicate that the efcc regularly infringes on individuals’ fundamental rights by unlawfully detaining them for extended durations without initiating legal proceedings. despite the significant mental and physical pain inflicted upon detainees and their families, these tactics are occasionally justified as essential for comprehensive investigations. the misuse of authority by efcc personnel is exacerbated by the absence of openness and accountability in these procedures. the nigerian government places great importance on human rights, not just due to domestic legislation but also because of the country’s extensive international human rights agreements (alobo & obaji, 2016). nigeria, as a signatory of the international covenant on civil and political rights (iccpr), is obligated to adhere to the provisions of the iccpr that denounce arbitrary arrest and incarceration and require the enforcement of fair trial protections. article 7 of the international covenant on civil and political rights (iccpr) explicitly prohibits the practice of torture or any kind of cruel, harsh, or degrading treatment or punishment. the efcc’s actions blatantly violate these international commitments, as they involve eliciting confessions through torture and other coercive methods. torture not only breaches international law, but it also undermines the credibility of evidence collected through torture, jeopardizing trust in the legal system (assembly, 1966). the acts of the efcc have larger consequences for human rights, namely the rights to due process and a fair trial. the presumption of innocence, a basic element in both domestic and international law, is infringed upon when individuals accused of crimes are publicly exhibited in front of the media, sometimes without any official charges being made (gelaye, 2014). aside from infringing against their entitlement to a just trial, this practice exposes suspects to public disgrace and degradation, which can have long-lasting repercussions for their professional and personal life. the limited options available to victims seeking justice and compensation are a result of inadequate legal remedies and oversight structures, exacerbating these abuses (amnesty international, 2022). an effective reform is necessary to tackle these systemic issues, as the strategies employed by the efcc have significant legal and human rights implications. enhancing legal frameworks to guarantee compliance with human rights criteria set by the constitution and international organizations is very crucial (kumm, 2004). it is imperative to establish the current legal measures to prevent unjustified imprisonment and physical mistreatment, and the efcc and other law enforcement authorities must adhere to the legal boundaries. to ensure the efcc’s accountability and prevent the misuse of authority, it is imperative to establish robust oversight mechanisms such as independent investigative bodies and judicial review. the efcc might effectively enforce human rights standards and due process if it received sufficient resources and training. the efcc’s actions, which violate both local and international standards, present significant challenges in terms of human rights and legal compliance. a comprehensive strategy is necessary to tackle these problems; this strategy must incorporate fresh legislation, enhanced supervision, and a dedication to safeguarding human rights and the principles of justice. nigeria has the chance to safeguard fundamental human rights and liberties by enhancing accountability systems and safeguards in its fight against financial crimes (premium times, 2021). entrepreneurial implications nkechi et al. (2012) shows that many young nigerians are striving to build startups and businesses that would have a positive impact on the country’s economy. however, there might be significant obstacles caused by the efcc’s coercive tactics. the frequent detention of individuals, seizure of property, and public shaming can possibly impede business operations, leading to financial losses and, in some cases, the demise of fledgling enterprises. abasilim et al. (2017) notes that the current climate of uncertainty discourages would-be entrepreneurs from taking action on their ideas, which in turn slows down innovation and limits economic diversity. the efcc’s brutality and oppressive tactics have a psychological impact on young nigerians. false accusations and imprisonment create an atmosphere of pa ge 17 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 mistrust and unreasonable fear (hoyle et al., 2016). young business owners are forced to be cautious, changing their focus from innovation to just blending in. according to kolo (2023), the capacity to think creatively and take risks—two essential components of economic success— is hindered by the mindset change. the mental toll of witnessing or experiencing such horrific acts of violence could also lead to long-term psychiatric issues. feelings of pessimism, despair, and worry are common among victims and those around them. the mental toll adversely impacts on people’s happiness and, by extension, their drive to improve society and the economy. trust in state policing institutions is further eroded as a result of the efcc’s actions. tensions arise between the government and its populace when law enforcement forces are perceived as oppressive rather than protective (soss & weaver, 2017). crucial to nigeria’s future, the country’s youth may grow cynical of leadership as they feel alienated and helpless. less engagement in public affairs, reluctance to follow established regulations, and, in extreme cases, the flight of talented people to more hospitable environments are all possible outcomes of a lack of trust. the cumulative effect of these factors is a major roadblock to nigeria’s economic development. to promote innovation, create jobs, and increase economic growth, entrepreneurship is essential (ogunlana, 2018). suppressing the entrepreneurial aspirations of nigeria’s young puts the country’s potential for economic progress in danger of stagnation. job opportunities, global competitiveness, and technological advancement are all negatively impacted by a lack of prospective entrepreneurs and firms. regulatory and institutional challenges the efcc’s persistent abuses are only one example of the many institutional and regulatory problems that afflict nigeria’s political system. the prevention of wrongdoing and the assurance of lawful operations depend on the accountability of law enforcement and the strict monitoring of their activities (lamboo, 2010). however, several holes in the current regulatory system have let the efcc get away with its wrongdoing. this section examines the roles played by governmental and nongovernmental organizations in monitoring the efcc’s operations. it draws attention to shortcomings in the monitoring systems and proposes institutional reforms to improve openness, responsibility, and human rights protection. the regulatory landscape is severely impeded by the efcc’s lack of effective oversight mechanisms. although the national assembly and the president are tasked with supervising the efcc, the commission’s performance under their watch is often inadequate and untrustworthy (albert & okoli, 2016). on occasion, the legislative oversight committees tasked with reviewing the efcc’s spending, and activities are either unprepared, swayed by political factors, or unable to carry out their responsibilities appropriately. furthermore, despite its critical role in combating corruption, the efcc has on occasion attempted to avoid accountability by abusing its operational independence (rex, 2020). as a result, the agency gains a great deal of independence with very little oversight from outside parties. judiciary oversight of the efcc activities is inefficient, despite the judiciary’s critical role in upholding the rule of law and protecting people’s rights. the lengthy pre-trial detentions caused by the slow and complicated judicial system are the key reason why most cases of efcc misconduct go unresolved, according to osipitan and odusote (2013). accusations of corruption and political interference inside the judiciary undermine its capacity to mediate impartially in efcc cases. the court must be equipped with improved capacity to deal with such cases if justice is to be administered impartially and promptly. as part of this effort, judges will be provided with specialized training on financial crimes and human rights. institutional improvements are necessary to overcome these regulatory hurdles and increase the efcc’s openness. the current system of monitoring may be improved by setting up a separate regulatory agency whose sole responsibility is to make sure the efcc follows all the rules when it comes to human rights and the law. to ensure transparency in the efcc’s activities, conduct independent investigations, and suggest sanctions, this institution must be granted the capacity to do so. furthermore, the contents of the iccpr (assembly, 1966) rightly point out the need for the efcc to improve its capacity to identify and tackle misconduct across the board. one way to accomplish this is by creating departments dedicated to internal affairs and bolstering existing systems of internal accountability, such as programs to protect whistleblowers. the efcc has limitations in its operations due to institutional and legislative requirements in addition to more systemic issues with leadership and political will. the anti-corruption measures must be carried out openly and equitably if the top echelons of government are truly committed to protecting human rights and the rule of law. this includes making sure the efcc stays dedicated to its mission of upholding legal standards and fighting against the politicization of the agency. human rights watch (2021) states that political institutions and law enforcement authorities must work towards a culture of accountability and transparency if anti-corruption efforts are to gain public trust and achieve their full potential. to successfully combat the efcc’s wrongdoing and guarantee that its activities are in line with human rights and legal requirements, it is essential to address the legislative and structural hurdles in nigeria’s governance system. improving oversight processes, strengthening the judiciary, empowering non-governmental groups, and fostering a culture of accountability are all critical to reaching this objective. by resolving these issues related to financial crimes, nigeria can protect basic human rights and keep its judicial system strong. pa ge 18 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 conclusion effectively addressing the abuses and systemic issues inside the efcc requires effective reforms at the legislative, institutional, and societal levels. increasing the efcc’s accountability, openness, and efficacy are the goals of the following recommendations, which also seek to strengthen the primacy of legal principles and protect human rights. one must maintain and enforce the existing legal safeguards that protect individuals’ rights if the frequency of arbitrary arrests and detentions is to be reduced. this means that nigeria must fully implement its human rights obligations as outlined in its constitution and in the treaties it has ratified. detention without a trial for a lengthy amount of time is illegal (wilsher, 2011), and the efcc’s detainees must be brought before a court within a specific time. it is also essential to strengthen legislative structures to guarantee that efcc actions adhere to stringent requirements. the federal republic of nigeria constitution from 1999 lays forth the requirements, including the need for warrants and the strict observance of due process. recommendations it is critical to set up an impartial organization to oversee the efcc’s activities so they can be better monitored. transparency and openness should guide the efcc’s activities, enabling third-party investigations and the suggestion of disciplinary measures. the economic and financial crimes commission (efcc) must strengthen its internal systems of accountability, including its divisions of internal affairs and programs meant to protect whistleblowers if it is to become better at detecting and resolving corruption inside the agency. to guarantee the judiciary’s ability to handle cases involving efcc malfeasance, it is crucial to support and strengthen it. part of this goal is making sure the court system is reliable and effective, and part of it is giving judges training on financial crimes and human rights. berman and feinblatt (2015) note that cases can be resolved more quickly, and pretrial detentions can be shorter with a simplified judicial system. to expose abuses and fight for victims’ rights, nongovernmental organizations and civil society groups are vital. strengthening their capabilities and guaranteeing their safety are crucial for effective advocacy and monitoring (dutta & dutta, 2021). this includes monetary aid, guarantees of legal protection, and encouragement of partnerships between ngos and government agencies. raising public knowledge and educating people about human rights is another way to encourage responsibility and legal compliance. the efcc must operate in an open and accountable way if it is to regain the public’s trust. an essential component is transparency, which entails freely sharing information about the methods of operation, costs, and decision-making. transparency and public engagement in monitoring may be enhanced by public accountability mechanisms (nelson, & dorsey, 2008), such as public discussions and frequent reporting to the national assembly. references abasilim, a. n., ayoola, a. o., & odeyemi, o. a. (2017). entrepreneurship: the tool for economic diversification in nigeria. futa journal of management and technology, 1(3), 104-112. abdulrauf, l. a. (2020). using specialised anti-corruption agencies to combat pervasive corruption in nigeria: a critical review of the icpc and efcc. african journal of legal studies, 12(3-4), 215-241. albert, a. t., & okoli, f. c. (2016). efcc and the politics of combating corruption in nigeria (2003-2012). journal of financial crime, 23(4), 725-747. alobo, e., & obaji, s. (2016). internal displacement in nigeria and the case for human rights protection of displaced persons. jl pol’y & globalization, 51, 26. amaefule, l. i., & umeaka, e. c. (2016). combating economic and financial crimes by the anti-graft agencies in nigeria: implications on the nation’s economic growth and development. international journal of innovative development & policy studies, 4(2), 8-33. amnesty international. (2022). amnesty international report 2022/23: the state of the world’s human rights (index number: pol 10/5670/2023). balogun, o. s., fawole, o. a., & amali, s. e. (2021). nigeria police and contemporary law enforcement: issues and challenges. ilorin journal of business and social sciences, 23(1), 62–79. bello, d. m. f., & cosmas, a. o. (2022). the role of economic and financial crime commission (efcc) in combating corruption in nigeria. musamus journal of public administration, 5(1). berman, g., & feinblatt, j. (2015). good courts: the case for problem-solving justice (vol. 8). quid pro books. cross, c. (2020). romance fraud. in the palgrave handbook of international cybercrime and cyberdeviance (pp. 917–937). palgrave macmillan. dutta, m., & dutta, m. (2021). civil society organizations and community participation. in disaster and human trafficking (pp. 63–105). ecoma, b. e. (2023). a post-mortem assessment of the# endsars protest and police brutality in nigeria. african human rights law journal, 23(1), 156-181. etim, e., duke, o., fatile, j., & ugar akah, a. (2022). protest policing strategy and human rights: a study of end sars protests in nigeria. african security review, 31(2), 226-239. fabiyi, o. m. (2023). understanding social media and belongingness among nigerian youths: the case of #endsars movement. indiana university. gelaye, t. a. (2014). state media coverage of highly publicized criminal cases in ethiopia and the fair trial rights of the accused. ethiopian journal of human rights, 2. heritage times. (2021, august 5). efcc arrests instagram celebrity, pankeeroy, over alleged internet fraud in lagos. heritage times. https://www.theheritagetimes. com/efcc-arrests-instagram-celebrity-pankeeroyover-alleged-internet-fraud-in-lagos/ pa ge 19 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 11-19, 2025 hoyle, c., speechley, n. e., & burnett, r. (2016). the impact of being wrongly accused of abuse in occupations of trust: victims’ voices. university of oxford centre for criminology. human rights watch. (2021). world report 2021: events of 2020. seven stories press. inyang, e. n., & essien, e. o. (2021). social responsibility and social media: a reflection on recent events in nigeria. international journal of communication research, 11(2), 50–56. kolo, b. g. (2023). perception of the performance of economic and financial crimes commission (efcc) in darazo local government area of bauchi state, nigeria. open access library journal, 10(6), 1-14. kumm, m. (2004). the legitimacy of international law: a constitutionalist framework of analysis. european journal of international law, 15(5), 907-931. lamboo, t. (2010). police misconduct: accountability of internal investigations. international journal of public sector management, 23(7), 613-631. leadership news (2022). efcc arrests 80 suspected cyber-fraudsters in oyo, ondo. leadership news. https://leadership.ng/efcc-arrests-80-suspectedcyber-fraudsters-in-oyo-ondo/ mayerfeld, j. (2016). the promise of human rights: constitutional government, democratic legitimacy, and international law. university of pennsylvania press. mikail, i. k. (2018). strategies for combating corruption in nigeria 1999–2015: effectiveness and challenges. retrieved july 1, 2024. national assembly of the federal republic of nigeria. (1999). constitution of the federal republic of nigeria, 1999 (chapter five). retrieved from https://www.constitutionnet.org/sites/default/ files/constitution%20of%20the%20federal%20 republic%20of%20nigeria.pdf nelson, p. j., & dorsey, e. (2008). new rights advocacy: changing strategies of development and human rights ngos. georgetown university press. nkechi, a., emeh ikechukwu, e. j., & okechukwu, u. f. (2012). entrepreneurship development and employment generation in nigeria: problems and prospects. universal journal of education and general studies, 1(4), 88-102. nwafor, k. a., & nwabuzor, m. n. (2021). social media and youths engagements and mobilisation for the 2020# endsars protests in nigeria. ebonyi state university journal of mass communication, 8(1), 13-24. obuah, e. (2010). combating corruption in a “failed” state: the nigerian economic and financial crimes commission (efcc). journal of sustainable development in africa, 12(1), 27-53. ogunlana, f. (2018). the role of entrepreneurship as the driver of economic growth. retrieved july 1st, 2024. oke, t. (2013). financial crime prosecution, legal certainty and exigency of policy: case of nigeria’s efcc. journal of financial crime, 21(1), 56-65. okpaga, a., & ugwu, s. c. (2012). efcc and politically exposed politicians in post-2011 elections: an analysis of governors who lost elections. arabian journal of business and management review (oman chapter), 1(8). oromareghake, p., oluka, n. l., & adishi, e. (2018). the nigerian police and legitimacy crises: a focus on human rights abuses and protection in contemporary nigeria. journal of public administration and social welfare research, 3(2), 25-37. osipitan, t., & odusote, a. (2014). nigeria: challenges of defence counsel in corruption prosecution. acta universitatis danubius. juridica, 10(3). oyebode, m. o. (2022). violent protests in nigeria: causes, dynamics and viable solutions. kiu journal of humanities. kampala international university, 7(2), 117-128. premium times. (2021, march 9). analysis: #endsars: five months after, is the nigerian govt meeting protesters’ demands? premium times. https://www. premiumtimesng.com/news/headlines/455674analysis-endsars-five-months-after-is-the-nigeriangovt-meeting-protesters-demands.html rex, o. c. (2020). the performance of the economic and financial crimes commission (efcc) in the fight against corruption in nigeria: a critical appraisal. history, 52, 58. sahara reporters. (2021, october 11). nobody can stop #endsars memorial protests across nigeria on october 20—activist, sowore dares buhari government, police. sahara reporters. https://saharareporters. com/2021/10/11/nobody-can-stop-endsarsmemor ia l -protes t s -across -n ig er i a -oc tober20%e2%80%94activist-sowore-dares soss, j., & weaver, v. (2017). police are our government: politics, political science, and the policing of race– class subjugated communities. annual review of political science, 20(1), 565-591. ulo, e. (2021). police brutality and human rights abuse: a study of the end sars protest in nigeria. internafional journal of management, social sciences, peace and conflict studies, 4(2), 179-193. united nations general assembly. (1966). international covenant on civil and political rights. united nations, treaty series, 999, 171. wilsher, d. (2011). immigration detention: law, history, politics. cambridge university press. pa ge 1 pa ge 19 american journal of society and law ( ajsl) the role of international organizations in shaping customary international law: an analytical study of the 2018 ilc’s draft conclusions zeyad jaffal1* volume 3 issue 1, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i1.2478 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: march 10, 2024 accepted: april 15, 2024 published: april 19, 2024 this research explores the influence and impact of international organisations on the development and formation of customary international law. it specifically examines the 2018 draft conclusions issued by the international law commission (ilc). this paper has observed the implications of these findings on the evolution of peremptory norms, also known as jus cogens, and clarifies the scientific approaches used in their identification and legal consequences. moreover, it emphasises alternative methodologies within the realm of humanitarian action in influencing customary international law. research offers a thorough comprehension of which international organisations contribute to the development of customary international law. the (ilc)’s 2018 draft conclusions shape customary international law by defining peremptory norms (jus cogens). state practice and opinio juris produce conventional rules, as these findings show. they also help evaluate governmental announcements, official publications, legal opinions, and diplomatic exchanges. these results must be assessed for compliance with customary law, state practice, and state behaviour. alternative analyses like humanitarian intervention and r2p also shape customary international law. keywords customary international law, 2018 draft conclusions, international law commission 1 department of public international law, al ain university, uae * corresponding author’s e-mail: zeyadjaffal2021@gmail.com introduction the growth of customary international law serves as evidence of the dynamic character of global legal systems (slagter & van doorn, 2022). cil has been influenced by the historical practices and beliefs of states that have a governing role under the behavior of countries within the global sphere (hunter, 2022). customary international law, based on state histories and beliefs, has evolved through many stages. from ancient greece, rome, and china to mediaeval feudal structures and religious organisations, each age shaped governmental behavior (klabbers, 2020). after two world wars, the united nations was founded, and several international treaties were ratified in the 20th century (maas, 2019). formalised diplomacy and nationstate formation began in the early modern period after the soviet union collapsed, and international criminal courts and theories like the responsibility to protect emerged, causing legal and geopolitical changes. these historical stages influence cil, reflecting nations’ actions and ideas worldwide. cil was unwritten and has been derived from the practices as this has been accepted as law (murphy, 2019). the significant impact of international organisations in creating and interpreting cil should not be underestimated. these organisations have shown a prominent role in the domain of global governance, possess a distinct capability to shape the conduct of states and make substantial contributions to the establishment of customary standards. one of the organisation included as the most famous international organisation for collaboration and governance is the un (pershing, 2019). after world war ii, it was founded in 1945 to promote world peace and security, human rights, social and economic progress, and national discourse. the un has shaped human rights, humanitarian law, and environmental protection norms via several international treaties and conventions. the un’s principal judicial institution, the icj, develops and applies international law (helmersen, 2019). it resolves state-to-state legal disputes and advises the general assembly, security council, and other un organisations and specialised agencies on legal issues the icj helps create and clarify (cil). world trade organisation (wto) 1995-founded in which wto regulates worldwide commerce. it facilitates trade agreement negotiations and dispute resolution(palmeter et al., 2022). also, wto panels and appellate body rulings have shaped international trade law. the year 2018 was a significant turning point in this progression, as the (ilc) put forward its preliminary findings on cil (murphy, 2020). this research assessed the (ilc) that has effectively addressed the role of international organisations in the development of (cil) norms. additionally, judgments were reached by the (ilc) that have been aligned with the developing dynamics of international relations, legal norms and practices, and the consent of states. the analysis of the acts and practices of businesses is essential based on the five reports presented by the special rapporteur of the commission, sir michael wood, over a nearly five-year long-term program of work; this study describes and quantifies the role of international organisations in determining (cil). since 1947, the un general assembly subsidiary (ilc) has advanced international law. however, it analyses gaps in international law and drafts treaties or recommendations to fill them. customary international law development is an ilc priority; however, nations’ consistent and familiar pa ge 20 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 practices developed customary international law and the idea that it is legally obligatory (opino juris). sir michael wood, a famous international legal scholar, was the ilc special rapporteur on “identification of customary international law” for almost five years (wood, 2019). he performed a detailed investigation and delivered five reports on state practises, beliefs, foreign relations, and legal standards throughout his term. sir michael wood focused on how international organisations shaped customary international law. international organisations, as essential players in global governance, may influence customary norms. this research examined and quantified their impact on customary international law (wood & sthoeger, 2022). the ilc, under sir michael wood, examined commercial practises in the framework of international law to better understand how customary standards are formed and changed. the objective of the 2018 draft conclusions was to provide a precise and all-encompassing formulation of peremptory principles of general international law. the objective of this endeavour was to produce a comprehension of the foundations that define juscogens, therefore reducing uncertainty and establishing a robust basis for legal interpretation. literature review international organizations and their influence on customary international law international organisations were political entities that help governments collaborate on common goals. as middlemen, they help states collaborate, harmonise policy, and solve global problems (slagter & van doorn, 2022). some argue that customary international law (cil) has lost importance, however. the treaties’ substantial regulation, which dominates international law, contributes to this image (wood, 2015). the ilc of the united nations (un) has just commenced its efforts in examining a subject matter now designated as “identification of customary international law (arévalo, 2005).” the commission was acquainted with the challenges associated with endeavoring to “systematise the comparatively adaptable procedure through which norms of (cil) were established” when deciding to follow the subject matter. the challenges were included in which customary law creation was decentralised, which presents a difficulty unlike treaties, in which nations negotiate and accept customary law that has evolved organically from states’ consistent and familiar practises and the assumption that they are legally needed (gazzini, 2022). this decentralised process makes it hard to pinpoint when a customary norm crystallises. customary law makes it challenging to discern consistent state practice across legal systems and cultures (jovanović, 2019). customary law evolves with circumstances and governmental practices. these challenges demonstrate the complexity of interpreting customary international law. international law operates in a decentralised manner (roberts, 2001); therefore, the policies and regulations governing its establishment or implementation have been formulated comprehensively, and it was globally applicable (scharf, 2013). cil, referred to as customary law, has significant prominence as a prevailing mechanism for the establishment of international legal norms within the framework of this decentralised system (scott & carr, 1996). according to customary law, the consistent practises of states throughout time have the potential to develop into legally enforceable norms that are applicable to all states. international court of justice (icj), the principle of good faith in cil, entails that states can establish enforceable legal obligations upon other states through the act of making unilateral declarations or doing unilateral actions (hakimi, 2019). one of the examples of the 2004 international court of justice (icj) advisory opinion on the legal consequences of the construction of a wall in the occupied palestinian territory illustrates good faith under customary international law (cil) (icjadvisory). the icj reviewed israel’s building of the “israeli west bank barrier” in occupied palestine. the palestinian authority stated that this barrier has breached international law. israeli unilateral pronouncements and acts were part of the case. israel said it built the barrier in self-defence under article 51 of the un charter. this case showed how vital good faith is in customary international law, according to the icj. governments’ unilateral acts create legal duties if they follow international law and are done in good faith. this case shows how governments might unilaterally create legal responsibilities under customary international law’s good faith concept. international organisations (ios) are managed in the development and progression of (cil) since they are dynamic bodies operating within the framework of international law. the responsibilities of these organisations include the establishment of norms, the promotion of these standards, and the giving of authoritative explanations. realism, as a theoretical framework, suggests the assumption that governments function as rational actors, with their behaviour being influenced by the pursuit of power, national interest, and the equilibrium of power within the international sphere (rosenberg, 1994). this theory often offers a critical analysis of the efficacy of international law and institutions, asserting that nations primarily prioritise their self-interests, irrespective of established legal frameworks (guzzini, 2007). however, theoretical aspects provide helpful insights into the methods by which international organisations exercise their influence, therefore illuminating the complexity of the delicate interaction between international organisations and customary international law (cil). the primary objective of the draft conclusions is to provide a comprehensive understanding of the methodology used in determining cil(law, 2023).a series of recommendations that serve to highlight the significance of state practice and opinio juris, among other relevant factors. the methodology used in this study combines meticulous legal analysis with an extensive examination of data in order to determine the presence and specific characteristics of customary international law. pa ge 21 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 conceptualizing international organizations in a legal context international organisations have included entities that the voluntary affiliation of sovereign nations or other international bodies has formed. international organisations are the legal identity with a distinct set of rights, duties, and activities within the framework of international law. in a legal context, international organisations are awarded with legal personality. the concept of legal personality confers to international organisations a range of entitlements, enabling them to participate in a diverse range of legal pursuits. these rights include a diverse range of essential tasks. international organisations function as platforms that promote collaboration, diplomatic discussions, and the process of reaching decisions, thus resolving issues that arise among the governments of member states. the conflict was considered as different acts that were considered within the international organisation in which acts of international organisations conflicting with a peremptory norm have been considered (“draft conclusions,”). in conclusion draft (16), it is vital to consider the implications of obligations arising from resolutions, decisions, or other actions of international organisations that may contradict peremptory norms of general international law, known as jus cogens (chasapis tassinis, 2020). a peremptory rule of general international law (jus cogens) prevails over any resolution, decision, or other act of an international organisation that would otherwise have binding force, rendering them devoid of responsibilities under international law in cases of conflict. international organisations have shown significant diversity in terms of their characteristics, goals, and range of jurisdiction. global organisations, such as the united nations (un), regional institutions like the european union (eu), or specialised agencies with particular responsibilities, such as the world health organisation (who) or the international monetary fund (imf), are examples of many types of international organisations. every organisation is regulated by its charter, constitution, or statute, which delineates its functions, qualifications for membership, methods for decision-making, and legal structure. international organisations have distinct characteristics within the legal framework that have included separate legal personality, limited powers, autonomy and independence (gutner & thompson, 2012). corporations are capable of having legal personality, giving them the ability to participate in contractual arrangements, begin legal processes, be susceptible to legal actions, and autonomously do many other legal activities (crawford, 1995). in addition, member states provide people with the capacity to obtain and exercise ownership over assets, as well as to participate in the advantages and exemptions within their respective territorial jurisdictions. moreover, international bodies have also shown an essential role in the promotion, interpretation, and enforcement of international law. the recognition of international organisations with rights and obligations in the framework of international law has been a widely considerable period (gray, 2018). states can engage in treaty-making, assume international obligations, and seek legal remedies against both member and non-member states for breaches of international law(kristina and daugirdas, 2020). in this way, the inquiry into the involvement of international organisations in the development of cil has historically received less consideration until recent times. international organisations were actively engaged in fulfilling functions under two distinct sets of conditions in; which the first category considered customary international law, which governs the conduct between states and international organisations, as well as among international organisations. according to article (24), the commission has considered examining strategies and approaches to enhance the accessibility of evidence pertaining to customary international law (“codification of international law article (24),”). the compilation and dissemination of relevant documents pertaining to the practices of states, as well as the judgments rendered by national and international courts on matters of international law. the commission is further obligated to submit a report to the general assembly detailing its findings and recommendations on this subject. the second scenario is in which international organisations act like those of nations that were exposed to potential international liability, similar to states. therefore, as an example, the united nations can make a valuable contribution to international humanitarian law by means of its peacekeeping endeavors. theoretical perspectives on international organizations’ role in cil the international law commission (ilc) during the early 1980s, the united nations institute for training and research (unitar) sponsored research aimed at stimulating a reassessment of the commission’s position within the united nations (un) system (commission, 1971). as part of this study, the international law commission (ilc) enhanced its mandate by using several methodologies, including restatement and analysis (franck & elbaradei, 1982). during three decades, the international law commission (ilc) primarily focused its efforts on international law and the provision of draft treaties (gaja, 2010). the ilc continues to fulfil its mandate by actively engaging in the advancement of international law, addressing a diverse range of subjects from different modalities (mccaffrey, 2009). also, the (ilc) has strengthened its contribution to international law by adapting the final format of its work, promoting a more adaptable and compelling discourse on the subject matter. the international law commission (ilc) restricts the outcomes of its efforts to an official reiteration of legal perspectives by selecting soft-law instruments (mcrae, 2012). this transition is indicative of broader patterns in the field of international law, whereby adaptable regulatory measures are essential pa ge 22 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 to garner the attention of the international community on the expanding range of global issues (forteau, 2015). the ilc is a highly regarded subsidiary body of the united nations (un), created with the primary objective of formulating and systematising international law (bourne, 1992). established in the year 1947, the international law commission (ilc) is composed of highly esteemed legal professionals who possess extensive knowledge and specialisation in several domains of international law. the primary purpose of this entity is to examine and analyse new legal matters, discover established practices, and develop preliminary agreements or principles that may later be acknowledged as customary international law. the scope of the commission’s activities spans a broad range of legal subjects, such as the concept of state sovereignty, the protection of human rights, the principles governing the formation and interpretation of treaties, and the mechanisms for resolving international conflicts. the international law commission (ilc) employs a meticulous procedure that encompasses the identification of subjects, comprehensive investigation, and the formulation of preliminary articles. the efforts of the international law commission (ilc) have a comprehensive and authoritative structure for international legal standards, exerting a considerable impact on the global advancement and implementation of international law (cano, 1989). moreover, the experience and intellectual contributions of this entity are of great significance in guiding nations, practitioners, and international courts when dealing with intricate legal matters on a worldwide scale. during its 70th session in 2018, the united nations international law commission (ilc or commission) approved two drafts pertaining to the sources of international law (tomuschat, 2006). these drafts include the draft conclusions on the identification of customary international law and the draft conclusions on subsequent agreements and subsequent practices in relation to the interpretation of treaties (yejoon, 2020). both subjects are presented as “conclusions” that are not meant to be converted into comprehensive treaties. regarding the subject matter of subsequent agreements and subsequent practice in the context of treaty interpretation, the ultimate version of the draft conclusions has been characterised as possessing a “guiding function.” its objective is to reaffirm and explain the law rather than seeking to supplant an existing convention or potentially evolve into a convention in its own right. role and functions of the ilc the primary objective of the international law commission is to facilitate the gradual development of international law and its systematic organisation with the help of the process of codification (watts, 1999). the primary focus of the commission is on matters pertaining to public international law, while it retains the ability to engage with issues related to private international law (watts, 1999). the function of international law” is employed under the convenience in which the process of formulating draft conventions pertaining to matters that have not yet been addressed by international law or that have not been adequately developed in the practices of sovereign states(watts, 1999). the term “codification of international law” is often used to refer to the process of formulating and organising norms of international law in specific areas that have previously seen significant state practice, precedent, and doctrine. in article (16), when the general assembly submits a proposal to the commission for the gradual advancement of international law, the commission is expected to adhere to a method that is generally outlined as follows: (a) the committee was designated with one of its members to serve as the rapporteur (ramcharan, 1977). (b) the committee will develop a work plan. (c) the committee will distribute a questionnaire to the governments and request them to provide data and information pertaining to the topics outlined in the work plan within a specified timeframe. (d) the committee may assign certain members to collaborate with the rapporteur in drafting documents while awaiting responses to the questionnaire. (e) the committee has the option to seek advice from scientific institutions and individual experts, who are not required to be citizens of united nations member states. the secretary-general will allocate funds, as needed and within budgetary constraints, to cover the expenses associated with these expert consultations. the commission will review the drafts put forth by the rapporteur. once the commission deems a draft to be satisfactory, it will request the secretary-general to publish it as an official commission document. the secretariat is responsible for ensuring the dissemination of this document, together with any relevant explanations and supporting materials deemed suitable by the commission. the publication will include all the information provided to the commission in response to the questionnaire mentioned in subparagraph (c) above. the commission encompasses an invitation to the governments to provide their feedback on this document within a reasonable timeframe. subsequently, they will prepare a final draft along with an explanatory report, which will be presented to the commission for review and approval. finally, the commission will transmit the adopted draft, along with its recommendations, to the general assembly through the secretary-general. in article (17), the commission is responsible for examining proposals and draft multilateral conventions that are submitted by various entities, including members of the united nations, the principal organs of the united nations (excluding the general assembly), specialised agencies, and official bodies established through intergovernmental agreements. these proposals aimed to promote the gradual advancement of international law and its systematic organisation. the secretary-general transmits these proposals to the commission for this specific purpose. suppose the commission determines it appropriate to examine proposals or drafts in such cases. in that case, it will generally follow a procedure pa ge 23 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 outlined as follows: (a) the commission will develop a work plan, analyse the proposals or drafts, and compare them with any other relevant proposals or drafts; (b) the commission will distribute a questionnaire to all united nations members, as well as the relevant organs, specialised agencies, and official bodies mentioned earlier, requesting their comments within a reasonable timeframe; (c) the commission has presented a report containing its findings and recommendations to the general assembly. prior to proceeding, the commission chooses to provide an interim report to the relevant organ or agency that has submitted the proposal or draft. in the event that the general assembly invites the commission to continue its work based on a proposed plan, the procedure described in article 16 above shall be followed (article17). historical significance of the ilc’s work in international law (article17) the international law commission (ilc) in 2018 achieved an advancement in its continuous effort to systematise the fundamental concepts of customary international law (harrison, 2013). the conclusions have a role in establishing a complete framework for comprehending and implementing customary international law, which serves as a fundamental pillar of the global legal system (boucher, 2011). moreover, it examines the enduring difficulties associated with the persistent objector rule and the significance of state practice and opinio juris in the evolution of customary law. draft conclusion 1 scope draft conclusion 1 is essential to understanding customary international law’s structure and concepts. the method used to identify customary norms. customary law is a system of legal principles that have formed over time via continuous state practice and a widespread belief in their obligatory nature (murphy, 2020). draft conclusion 1 explains the criteria and methods used to define customary international law to help legal practitioners, scholars, and policymakers understand its complexity. the declaration proposes a strategy for making customary rules mandatory, improving the global legal environment. draft conclusion 1 provides a solid basis for comprehending customary international law worldwide. case concerning the application of the convention on the prevention and punishment of the crime of genocide” between croatia and serbia in which the legal proceedings against serbia, claiming that serbia had contravened the provisions of the genocide convention in the context of the croatian war of independence that transpired in the early 1990s (van den herik, 2015). the case included a comprehensive analysis of the facts pertaining to state practice and opinio juris. the (icj) included instances of large-scale executions, forced relocation of communities, and many other actions that were purportedly indicative of genocide. the court further scrutinised diplomatic communications, official declarations, and measures undertaken by both croatia and serbia during the war. process of evolution throughout time as a result of the consistent behavior shown by governments. draft conclusion 2 two constituent elements the 2018 international law commission’s draft conclusion 2 highlights customary international law’s two main concepts (jalloh, 2020). for a standard to be considered customary international law, it must be consistent and pervasive, and there must be a shared conviction that it is legitimate. this conclusion examines how state acts affect legal responsibility perception. this shows that sheer repetition or usual practice is insufficient; states must agree that the activity is essential under international law. legal professionals and academics use this approach to evaluate and distinguish customary norms. draft conclusion 2 is the “case concerning the barcelona traction, light and power company, limited (belgium v. spain)” convinced by the international court of justice (icj) in 1970. in the present scenario, belgium initiated legal proceedings against spain, claiming that spain had contravened international law by its interference in the rights of a belgian firm known as barcelona traction, light and power company (flemming, 1965). the case included a comprehensive analysis of facts pertaining to the consistent and widespread implementation of a specific practice, together with a collective belief in its legitimacy. the (icj) conducted a thorough analysis of many factors, including the legal standing of businesses within the framework of international law, as well as the measures undertaken by spain. the court analysed diplomatic communications, judicial processes, and public declarations issued by both belgium and spain. the ruling in the barcelona traction case highlighted the elements of customary international law, which need the presence of a consistent and widespread practice coupled with a collective acceptance of the practice’s validity. the case has strengthened the credibility and consistency of customary international law within the international legal framework, in accordance with draft conclusion 2 . draft conclusion 3 assessment of evidence for the two elements draft conclusion 3, which offers significant evaluation in order to establish the two essential components of customary international law (giza et al., 2013). these factors include the broader contextual framework, the intrinsic characteristics of the rule under consideration, and the particular conditions in which the relevant evidence is positioned. by emphasising the need for a comprehensive strategy, however, customary international law cannot be universally applied. instead, it requires a comprehensive examination that considers the distinct complexities of each circumstance. moreover, draft conclusion 3 emphasises the separate assessment of each component, namely general practice and opinio juris. this methodology strengthens the emphasis on the pa ge 24 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 meticulousness necessary for demonstrating the presence and substance of customary standards, guaranteeing that each facet is subject to distinct scrutiny. the “case concerning the application of the convention on the prevention and punishment of the crime of genocide” between bosnia and herzegovina and serbia. bosnia and herzegovina initiated legal proceedings against serbia, claiming that serbia had contravened the provisions of the genocide convention in the bosnian war that transpired in the 1990s. the case included a comprehensive analysis of facts pertaining to both customary practice and opinio juris (cernic, 2007). the (icj) meticulously examined an extensive body of evidence, including instances of large-scale executions, forced relocation of communities, and other actions that were purportedly indicative of genocide. the court further scrutinised diplomatic communications, official declarations, and measures undertaken by both bosnia and herzegovina and serbia during the duration of the war. the ruling rendered in the case pertaining to the genocide convention underscores the need to conduct a thorough evaluation of evidence in order to create customary international law. draft conclusion 4 requirement of practice draft conclusion 4, as stated by the international law commission in 2018, highlights the crucial significance of practice in the establishment of customary international law (murphy, 2015). the statement posits that the conduct and behavior of nations in the international arena mostly form the foundation of customary standards. furthermore, draft conclusion 4 recognises that there are some circumstances in which the actions of international organisations have a role in the development or expression of customary international law. the changing function of international organisations introduces an additional level of intricacy to the customary law domain. significantly, the judgment clarifies that the activities undertaken by non-state actors alone do not create the practice that forms customary law. the international court of justice (icj) rendered a decision in 2003 on the case concerning oil platforms (islamic republic of iran v. united states). in this particular case, iran initiated legal proceedings against the united states, challenging that the actions carried out by the u.s. military, which included the destruction of iranian oil installations during the iran-iraq war, contravened established norms of international law (garwoodgowers, 2004). these norms encompassed principles pertaining to state sovereignty and the prohibition of using force. the judgement rendered in the oil platforms case serves as a notable example that has highlighted the importance of state practice within the framework of customary international law, as underscored in draft conclusion 4. draft conclusion 5: conduct of the state as state practice the conclusion, 5, is a declaration that presents a precise and concise elucidation of the parameters that define state practice in the context of customary international law (bowett, 1998). the statement unambiguously asserts that the concept of state practice comprises the range of acts and behaviour shown by a state across several domains, such as the executive, legislative, judicial, and other functional aspects (coombes & stokes, 1985). the conclusion functions as a critical principle for legal professionals and academics, providing a definite structure for recognising and assessing the actions of states within the framework of customary international law. “case concerning pulp mills on the river uruguay” (argentina v. uruguay) in this particular instance, argentina initiated legal proceedings against uruguay, claiming that uruguay’s endorsement of the establishment and functioning of pulp mills along the river uruguay contravened many international accords and principles, those pertaining to environmental preservation (mcintyre, 2010). the icj reflected on the acts and behaviour of uruguay in authorising and the establishment and functioning of the pulp mills. the court has analysed the decisions and measures taken by the executive, legislative, and regulatory authorities of uruguay in relation to the pulp mills project. the ruling in the pulp mills case serves as an illustration of how the actions of a state in many spheres, such as the executive, legislative, and regulatory realms, contribute to the establishment of state practice under customary international law. the case is in accordance with the ideas defined in draft conclusion 5, which underscores the need to comprehend and evaluate the conduct of nations within the context of customary international law. draft conclusion 6 draft conclusion 6 of the 2018 international law commission shows how customary international law may affect state behavior (deplano, 2017). the practice encompasses physical and verbal aspects, according to the statement. in some instances, a state’s inactivity might be considered behaviour. a grasp of practice highlights its flexibility and variety. diplomatic activities, communication, international resolutions and treaties, presidential actions, legislative and administrative measures, and domestic court opinions are covered in the conclusion. draft conclusion 6 shows that state practice is complicated and essential to international law and customary rules. the international court of justice (icj) rendered a decision in 1986 on the “case concerning military and paramilitary activities in and against nicaragua” (nicaragua v. united states) (leigh, 1984). the international court of justice (icj) examined various state acts and measures, including military operations, assistance provided to armed organisations, diplomatic correspondences, and public declarations made by government officials. the court further examined the reactions and responses of other governments to these activities. the nicaragua case judgement serves as an illustration of how state practice involves a wide range of elements, including both physical and verbal pa ge 25 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 manifestations. this case highlights the diverse nature of state practice and its pivotal contribution to the formation of customary international law in accordance with the concepts elucidated in draft conclusion 6. draft conclusion 7: assessing a state’s practice draft conclusion 7, a crucial 2018 international law commission statement, provides essential information on analysing state action under customary international law (leigh, 1984). it emphasises evaluating a state’s operations holistically, including all relevant data. this comprehensive view explains the state’s connection with customary norms. this recognition of official activities highlights customary law formation’s intricacy and need for examination; however, this conclusion helps study global legal traditions. the international court of justice (icj) extracted a decision in 1997 on the “case concerning the gabcíkovo-nagymaros project” between hungary and slovakia (tomka, 2019). in the present case, hungary initiated legal proceedings against slovakia with regard to a hydrological undertaking concerning the danube river. hungary contended that the acts undertaken by slovakia were in contravention of established norms of international law, including principles pertaining to environmental preservation as well as regulations governing international watercourses. the international court of justice (icj) conducted a comprehensive analysis of the activities, policies, and conduct of both nations with respect to the project. the analysis included several facets, including the original agreements, later changes, and the practical execution of the project. the court placed significant emphasis on the need to conduct a thorough evaluation of governmental practice when evaluating the establishment of customary standards. the instance of the gabcíkovo-nagymaros project underscores the need to comprehensively review a state’s activities in order to determine their compliance with customary international law. draft conclusion 8: the practice must be general the 2018 international law commission’s draft conclusion 8 provides an essential requirement for customary international law recognition (murphy, 2020). this practice should also be constant and uniform. draft conclusion 8 emphasises that the practice’s universality is more critical than its time requirement for customary law. this result gives legal practitioners and researchers a clear framework for assessing state activity under customary international law. draft conclusion 8 emphasises the need for broad and representative practice in the creation and acceptance of global legal customary standards. the international court of justice (icj) extracted a decision in the case of the “north sea continental shelf cases” in 1969. the (icj) in this instance, deliberated upon the differentiation of the continental shelf between germany and denmark, as well as between germany and the netherlands (klabbers, 2023). the parties involved in the dispute drew upon a range of treaties, accords, and established principles of customary international law in order to substantiate their respective assertions. the court analysed the consistent practice seen across nations in the delineation of their continental shelves, determining that such practice had a uniform nature. the ruling of the court served to affirm the customary international law norm that coastal nations had sovereign rights pertaining to their continental shelves. the north sea continental shelf case serve as a prime illustration of how the establishment of customary international law may be achieved by the combination of consistent and uniform state practise, together with the presence of opinio juris. draft conclusion 9: requirement of acceptance as law (opinio juris) draft conclusion 9, a necessary declaration from the 2018 international law commission, states that opinio juris is essential to customary international law(sender & wood, 2017). it states that a widespread practice must be performed with a true feeling of legal responsibility or suitable to be deemed customary law. draft conclusion 9 clearly states that legal practitioners and academics must recognise the legal duty underpinning state activity. draft conclusion 9 emphasises the importance of legal responsibility in establishing customary international law. the “lotus case” (1927), which was decided by the permanent court of international justice (pcij), the precursor of the international court of justice (icj), serves as a relevant case that highlights the importance of opinio juris in customary international law (anil et al., 2021). the lotus case pertains to a maritime incident that transpired on the high seas involving two vessels, namely the french ship named lotus and the turkish ship named bozkurt. this accident tragically led to the loss of lives among the crew members of both vessels. the central focus of the case principally was the issue of jurisdiction and the validity of the acts undertaken by the french authorities. as per the case of the findings of the pcij, it was determined that in situations where there is no explicit provision in a treaty or established customary rule to the contrary, a state has the authority to exercise jurisdiction over actions that occur on the high seas. the lotus case is widely regarded as a substantial illustration of the influential role played by opinio juris in the determination of customary international law. the concepts defined in draft conclusion 9 highlight the significance of the legal obligation that forms the basis of state conduct in the establishment of customary international law. draft conclusion 10: forms of evidence of acceptance as law (opinio juris) draft conclusion 10, a critical statement from the 2018 international law commission, lists the many sorts of opinio juris evidence that might support a common practice as law. it stresses the variety of ways to convey acceptance (bílková, 2020). these may include state pa ge 26 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 pronouncements, official publications, legal views from government authorities, diplomatic interactions, judicial judgments, treaty terms, and international resolution or intergovernmental conference behavior. draft conclusion 10 further notes that a state’s inability to respond to practice from the evidence of opinio juris, if the circumstances allow it and the states are able to do so. this result gives legal practitioners and researchers a rich framework to evaluate customary rules in the global legal arena. draft conclusion 10 emphasises the evidence in opinio juris and customary international law. the “nicaragua v. united states” case before the international court of justice illustrates draft conclusion 10 of the 2018 international law commission on kinds of proof of adoption as law (opinio juris). in 1984, nicaragua sued the us for violating international law, including supporting armed organisations in nicaragua. nicaragua’s contention that u.s. activities breached customary international law was crucial (onate-madrazo, 2022). the icj examined public declarations, diplomatic communications, official records, and us government acts and policies to identify customary rules. the court also examined other states’ responses to similar measures (abello galvis, 2019). this case presented how evidence establishes opinio juris and customary international law, according to the icj. it stressed that a state’s declarations, policies, and actions, as well as other states’ responses, may shape customary norms. the case shows how complicated opinio juris evidence evaluation is and how complex customary international law is. draft conclusion 11: treaties draft conclusion 11, 2018 international law commission examines treaties and customary law(villiger, 1997). the treaty rule can create a new customary international law rule if it (a) encapsulates a pre-existing customary norm at the time of its conclusion, (b) contributes to the crystallisation of a customary norm already in formation, or (c) creates a general practice accepted as law (opinio juris). draft conclusion 11 observed that each situation must be examined individually and that a rule in numerous treaties does not imply customary international law. conclusion 11 of the 2018 study conducted by the international law commission pertains to the case “north sea continental shelf cases” (1969). however, in this case, the international court of justice (icj) reflected on the demarcation of the continental shelf boundaries between germany and denmark, as well as between germany and the netherlands(klabbers, 2023). the parties involved in the matter placed their trust in a range of treaties in the geneva convention on the continental shelf. the judicial body was focused on a decision affirming that the geneva convention has effectively established customary international law pertaining to the legal standing of the continental shelf. the analysis revealed that the convention effectively included customary laws that were already in existence at the time of its finalisation, thereby serving to validate the usual norm. the provisions established by the agreement were shown in the development and consolidation of the customary international law principle concerning the rights and jurisdiction pertaining to the continental shelf. this particular case serves as an illustration of how a treaty, such as the geneva convention on the continental shelf, may assume a crucial function in the advancement and validation of customary international law. the ruling in the north sea continental shelf cases is in accordance with the ideas elucidated in draft conclusion 11, underscoring the capacity of treaties to impact customary international law. draft conclusion 12: resolutions of international organisations and intergovernmental conferences draft conclusion 12, a significant 2018 international law commission statement, discusses international organisation and intergovernmental conference decisions under customary international law (sybesma-knol, 1985). it establishes that a resolution cannot unilaterally create customary international law. however, such a decision may prove the existence and content of a customary norm or contribute to its development. also, draft conclusion 12 emphasises that a resolution provision can be considered customary international law if it aligns with a widely accepted general practice and the belief in its legal obligation. draft conclusion 13: decisions of courts and tribunals draft conclusion 13, a key 2018 international law commission statement, discusses court and tribunal rulings under customary international law. international court and tribunal rulings, notably those from the international court of justice, help build and interpret customary rules. draft conclusion 13 further notes that national court rulings used to determine customary international law standards where relevant and appropriate. this result gives legal practitioners and researchers a clear procedural framework for using court judgments to analyse global customary standards. draft conclusion 14: teachings the teachings of highly competent publicists from diverse states may help determine customary international law, according to draft conclusion 14. this has distinguished legal professors from many nations on customary rules. draft conclusion 15 adds “persistent objector” in customary international law. it says a customary norm is not obligatory on a state if it clearly disagrees with its growth throughout its formative phases and maintains this objection consistently. this emphasises consent and respects a state’s opposition to customary law until it withdraws or modifies it. draft conclusion 16: particular customary international law according to draft conclusion 16, a critical declaration from the 2018 international law commission, a rule of pa ge 27 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 special customary international law applies solely to a limited number of states, whether regionally, locally, or elsewhere (charney, 1986). the draft has demonstrated the existence and substance of such a norm; it must be determined if the states concerned have a consistent practice and consider it as legally enforceable. this result gives legal practitioners and researchers a clear framework for identifying and assessing customary international law in a given group of nations. background and contextualizing the 2018 draft conclusions the 2018 draft conclusions put out by the commission are essential elements of its deliverables, and it is vital to take them into account in conjunction with the accompanying commentary. the findings pertain primarily to the peremptory rules of general international law, usually known as juscogens (tladi, 2021). these standards have garnered growth from international and regional tribunals, national courts, states, and other relevant actors. these standards require the establishment of a methodical approach to identify them and comprehend their legal consequences. the conclusion (1) functions delineating these findings have highlighted their focus on the identification and legal consequences of jus cogens. the results primarily pertain to methodological techniques, abstaining from digging into the substance of specific peremptory rules. furthermore, many states were illustrative instances without suggesting complete support by the commission. the primary focus of these preliminary conclusions pertains to the procedure of ascertaining the peremptory nature of a norm in general international law. the primary focus of the draft findings is on technique in relation to identification and legal ramifications. the resources that are cited as instances of practice, which include the perspectives of states, are used to demonstrate the approach employed in identifying and understanding the implications of peremptory rules of general international law (jus cogens). the draft conclusions demonstrate customary international law’s adaptability to global situations overall; this landmark 2018 ilc document guides academic and practical law, reaffirming the commission’s commitment to global legal uniformity and effectiveness (laina, 2018). methodology process of formulating draft conclusions the development of the 2018 draft conclusions by the international law commission (ilc) was marked by a meticulous and transparent approach, demonstrating the commission’s (mcdougal, 1967). the process used by the international law commission (ilc) included a structured approach to doing research, with the help of empirical review and fostering agreement. the team conducted thorough examinations of pertinent legal literature, state practices, and jurisprudence, establishing a strong basis for the findings. the inclusion of stakeholders and the conduct of discussions were important in exploring the credibility and validity of the 2018 draft conclusions (silva et al., 2019). one of the examples included an international conference that includes stakeholders and the 2018 draft conclusions’ legitimacy and validity. many governments, environmental ngos, scientific organisations, and industrial groupings participated in the 2018 draft conclusions on climate change discussions (evangelidis & o’donnell, 2019). they shared climate-related opinions and concerns in comprehensive conversations. these stakeholders reviewed the draft findings, provided critical advice, and helped ensure that it represented a comprehensive agreement among varied benefits. the international law commission (ilc) contributes to an array of stakeholders that includes nations, legal professionals, and international organisations (nolte, 2019). the use of an inclusive approach allowed the consideration of a wide range of experiences, enhancing the overall quality and practicality of the results. the commission proactively initiated communication with governments through diplomatic channels, soliciting their input and perspectives. furthermore, the international law commission (ilc) engaged in discussions with many international organisations and legal professionals, seeking their valuable insights about different facets of peremptory standards in the realm of general international law (voulgaris, 2022). results and discussion the evaluation of the compatibility between the draft findings of the international law commission (ilc) and established customary international law necessitates an analysis of their conformity with prevailing principles and practices(weisburd, 2005). a thorough examination of both the past actions of states and their established legal beliefs and opinions. the concept of historical state practice refers to the evident activities and conduct of states throughout history, which provide concrete proof of customary standards (watson, 1984). customary law may create universally enforceable laws, but its formation procedures enable governments to avoid forming norms by becoming persistent objectors (fon & parisi, 2009). this kind of objection requires the objecting state to publicly reject a growing practice before it becomes a binding custom. the concept of opinio juris, which refers to a particular practice that was necessary under international law, contributes an essential element to this evaluation(moulin, 2023). the objective was to analyse the state practise and opinio juris in south asia in order to evaluate the presence of support for a developing customary international law (cil) duty known as “china’s stealthy sovereignty.” this obligation affects avoidance, reduction, or prevention of statelessness and imposes a responsibility on these states to address the issue of statelessness within the area (immanuel, 2023). in pursuit of this objective, there was a widespread existence of statelessness in the south pa ge 28 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 asian area. however, there is a growing body of evidence indicating that state practice and opinion juris in the region are increasingly endorsing the duty to refrain from, minimise, or preempt statelessness. the “national register of citizens (nrc) assam case” in india was one of the case focused on the responsibility to avoid statelessness in south asia(hari & nagpal, 2022). in the year 2019, the indian state of assam successfully concluded the process of updating its national register of citizens (nrc), with the primary objective of identifying persons who were unable to provide sufficient evidence to substantiate their lawful resident status inside the state. the indian government came under attention due to allegations of human rights breaches and worries of statelessness. the procedure in question had the potential to leave people who had been living in assam for several generations without a legally recognised nationality. although the case did not establish a binding legal precedent, it effectively emphasised the significance of statelessness and the need to implement comprehensive legislative frameworks to protect people’s entitlements to nationality. furthermore, deliberations on the obligation of states to abstain from engaging in activities that may potentially result in statelessness, in accordance with the norms of international law. the presence of state practise, and opinio juris originating from south asia might enhance the argument that a nascent customary international law duty of this sort exists, namely within the south asian area. the presence of this customary international law rule will require south asian governments to confront the issue of statelessness within the area actively. the draft findings’ alignment with the collective comprehension of customary standards among nations is of utmost importance. the universal declaration of human rights is widely seen as a comprehensive embodiment of customary international law pertaining to marine affairs, and it also advances the legal framework governing the world’s oceans on this foundation (li et al., 2023). the regulations governing the demarcation of the outer boundaries of the exclusive economic zone (eez) with customary international law. by using the framework of state practice and opinio juris, a thorough assessment was conducted to ascertain the extent to which the draft findings of the international law commission (ilc) reflect the fundamental principles of customary international law. recognition of state practice state practice recognition to determine how the international law commission’s (ilc) draft conclusions affect customary international law. this method examines if the research results match states’ contemporary international law actions and behaviours. the findings reflect countries’ global behaviour, according to analysis. government diplomatic, legislative, executive, and international agreements and forum activity are examined. opinion juris and state practises make up customary international law (cil). this course examines international organisation resolutions condemning unilateral sanctions and both sides’ sanctioning practices. this article examines how sender nations justify punishments using cil standards (rowhani, 2022). it relates to erga omnes-compliant measures, embargoes, and targeted sanctions. it assessed cil’s rights-based limits for russia and china embargoes and magnitsky act penalties. impact on state behavior one of the impacts on state behaviour has found that the us government’s move from war on terror to power competition with china and russia has been discussed(wan, 2022). there has been no comparable consideration of ihl and low in the us or china. the us and west benefit from western legal traditions like ihl and hrl. china had to adjust and now challenges the west-dominated international system, a key source of us-china friction. chinese and american forces used the geneva conventions throughout the korean war. the conflict happened 70 years ago, and much has changed. it is the sole precedence between the two superpowers. low organises high-power conflict. a contest between the two biggest nations would restrict ihl to national concerns and impair its human rights association. evolution of customary law john austin argues that customary laws are positive morality derived from regulated agreements. the state must construct customary laws to turn moral standards into actual laws. state customary laws were established by legislation or judicial judgment. according to austin, customary behaviour does not become law until it is enacted by legislation or judicial judgment. local customary law is sometimes viewed as custom rather than judicial precedent, even if it is based on local judgements rather than local behaviour. this approach questions how judgements create customary law. custom is different from legislation, and judicial precedent, like judicial precedent, must be adopted by the sovereign to become law. customs, like legislation and binding precedent, must be given the necessary shape by the sovereign to become law. customs must be used in court decisions under this type. a community may recognise custom as law when integrated into a court ruling yet deny precedent lawmaking force, showing that custom is not simply absorbed into precedent. if the courts uphold the tradition, it is customary law. the new decision becomes customary law if the courts rule that the custom has changed (jalloh, 2020). in analysing the connection between customary land rights and land grabbing: a case study of zambia,” the study examines the complex causes of land grabbing in zambia. since the 2000s, global problems have caused international and domestic companies to buy large amounts of property for different objectives, displacing indigenous african populations on customary pa ge 29 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 land (bae, 2023). weak customary land rights enable land grabs, although the study emphasises that they are not the primary cause. a ‘land-grabbing-friendly legal climate’ is the study’s focus. the study uses legal history to critically investigate zambia’s land-grabbing regions and the varied land-grabbers engaged. it also examines traditional land use and tenure patterns from colonial times to the present. both domestic and foreign landgrabbers are linked to government-driven agricultural programs, according to the major findings. the dualtenure system, created under colonial control and still in use today, has made ordinary zambians living on customary land economically vulnerable, eroding their customary land rights. given these findings, the study strongly recommends that the zambian government set appropriate land-titling registration costs for ordinary residents living on customary property. it also supports separating development from land legislation to strengthen zambians’ land rights and combat land grabs. alternative approaches to shaping customary international law the evolving standards pertaining to humanitarian intervention and the duty to safeguard people against widespread crimes have the potential to influence customary international law, especially as states and international organisations continue to confront challenges regarding sovereignty and humanitarian intervention (simpson, 2021). the most severe international reaction is humanitarian intervention or military invasion to defend at-risk populations. this intervention has a contentious history in developing nations of the global south, claiming that the un charter and international law do not allow former imperial or colonial powers to violate their sovereignty and reimpose colonial slavery. over the past two decades, global diplomacy has sought a more open and collaborative response to enormous human suffering under the banner of “the responsibility to protect”(weiss, 2016). at the core of customary international law lies the concept of state practice, which refers to the tangible actions undertaken by states. states contribute to the creation of customary standards by consistently participating in state practice and expressing the view that such practice is legally necessary(negishi, 2017). the federal republic of germany, et al., petitioners, v. alan philipp et al., no. 19-351, was heard by the us supreme court. the case, contested on december 7, 2020, and determined on february 3, 2021, concerns the welfenschatz, a collection of mediaeval antiquities acquired by german jewish art merchants during the weimar republic. the heirs of these merchants claim that the nazis forced them to sell these antiquities to prussia at a discount. the stiftung preussischer kulturbesitz, a german government entity, houses the objects in a berlin museum. after failing to get a remedy in germany, the heirs filed common law property claims against germany in the us district court. the main question was whether germany was liable under the foreign sovereign immunities act for confiscating property in violation of international law (28 u.s.c. § 1605(a)(3)). the heirs claimed genocide, while germany claimed appropriation under international law. the district court denied germany’s motion to dismiss, and the d.c. circuit affirmed it. under chief justice roberts, the supreme court ruled that “rights in property taken in violation of international law” pertain to appropriation and the domestic takings rule (grabarsky, 2021). based on the distinction between international ties and domestic concerns, this notion has historically been used to distinguish between foreign and domestic property expropriation. the court emphasised the foreign sovereign immunities act’s goal of formalising the restricted sovereign immunity approach. this view restricts protection to sovereign activities in their official capacity. expanding the expropriation exception beyond its intended confines will obscure this vital distinction, subjecting other sovereign governmental acts to court review. the court did not examine germany and the heirs’ arguments on international comity and consortium members’ nationality during the transaction; the court vacated and remanded the case (894 f.3d. 406). respondent gilbert p. hyatt sued petitioner franchise tax board of california (board) in nevada state court for torts committed during a tax audit . the nevada supreme court rejected the board’s claim that the full faith and credit clause required california law and immunity. instead, it ruled that comity gave the board only nevada agency immunity under nevada law. the full faith and credit clause did not require nevada to adopt california’s immunity provision, the supreme court ruled. on remand, the nevada supreme court did not limit tort liability for state entities. the u.s. supreme court overturned this ruling, stating that the full faith and credit clause obliged nevada courts to offer the board the same immunity as nevada agencies. the court evenly split on whether to overrule nevada v. hall, a precedent holding that the constitution does not bar individual suits against a state in the courts of another state, but ultimately ordered the trial court to enter damages according to nevada’s statutory cap. the board’s third certiorari request asked whether nevada v. hall should be reversed. justice thomas argued that nevada v. hall should be overturned because states have sovereign immunity from private litigation in other states’ courts (hickman & hahn, 2020). the study employs a methodical and evidence-based methodology to assess the influence of the international law commission (ilc) on the advancement of customary international law (cil). this research aims to analyse the trends and patterns that have emerged after the publication of the 2018 draft conclusions. its objective is to provide empirical insights into the international law commission’s (ilc) impact on the establishment of customary international law (cil). the objective of this study is to use thorough data collecting and analysis in order to reveal any potential changes in the customary practises and standards pa ge 30 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 acknowledged by states. through an analysis of the actual implementations and reception of (ilc) proposals, this research aims to enhance our comprehension of the dynamic nature of customary international law (cil) and its connection to the ilc’s efforts. this study aims to provide insight into the tangible effects of the ilc draft conclusions on the development and progression of customary international law in current international legal practice, using empirical data. international courts and tribunals, such as the (icj), have determination of customary international law (cil). in this particular region, particularly in the last several decades, there has been a notable shift in the approach adopted within the realm of international jurisprudence. this transformation is attributed to the evolving concepts of humanity and humanitarian law. in contrast to the conventional method that primarily depends on state practice, this recently developed methodology, which has also garnered endorsement from the special rapporteur of the international law commission (ilc) in its fifth report in 2018, prioritises the identification of opinio juris (zarneshan & rastgoo afkham, 2020). in one of the cases related to cambodia v. thailand (icj) was summoned to adjudicate a territorial conflict between cambodia and thailand over the preah vihear temple, an esteemed unesco world heritage site situated along the shared boundary of the two nations (gosrisirikul & srisorn, 2019). cambodia initiated legal proceedings before the (icj) with the objective of obtaining an interpretation and implementation of a 1962 judgement that had previously granted ownership of the temple and its surrounding area to cambodia. thailand contended that the judgement rendered in 1962 failed to adequately establish the precise boundary in the vicinity of the temple. the (icj) extracted a decision in 2013 affirming that the judgement made in 1962 had effectively established the ownership of the temple and its surrounding territory. the court underscored the need to uphold and execute its prior ruling. the case beyond the settlement of a particular territorial dispute serves to underscore the pivotal role played by international law and the (icj) in the resolution of disputes within the asia-pacific region. during the 1960s, the chagos archipelago, situated in the indian ocean, suffered a separation process from mauritius. during the period of administration, the united kingdom separated the chagos archipelago from mauritius. it formed the british indian ocean territory (biot), including the strategically shown naval installation known as diego garcia (gaver, 2021). mauritius contended that the act of separation constituted a violation of international law, namely the principle of territorial integrity. in the year 2017, the united nations general assembly made a formal request to the (icj) for an advisory opinion about the legal ramifications associated with the act of separation (rrecaj, 2020). the focus of the case was stated on issues pertaining to decolonisation and the exercise of self-determination. mauritius argued that the separation of the chagos archipelago constituted a breach of the chagossians’ right to self-determination as the indigenous population. the role of international organisations, the united nations, in supervising and exerting influence over the decolonisation process was brought into question by this particular instance. the analysis focused on the association of the united kingdom’s activities with international law and the ideals advocated by international organisations. the decolonisation process of mauritius was determined to have deviated from the principles of self-determination. the court reached the determination that the separation of the chagos archipelago violated the law, and it was incumbent upon the united kingdom to terminate its governance of the archipelago. this case has observed international organisations, namely the united nations, in supervising and exerting influence over the decolonisation process (bashfield, 2021). conclusion the 2018 draft conclusions published by the international law commission (ilc) constitute a achievement in the advancement of customary international law, with a particular emphasis on the peremptory norms often referred to as jus cogens. these findings emphasise the significance of using a systematic methodology in the identification and understanding of the fundamental concepts of general international law. the international law commission (ilc) shown it’s in promoting global legal consistency and effectiveness by a rigorous and open process in developing these draft findings. this approach included thorough study, empirical analysis, and case studies were included. in addition, alternative methodologies, such as the dynamic principles governing humanitarian intervention and the concept of responsibility to protect (r2p), serve as examples of how present-day complexities may influence established norms of international law. the 2018 ilc draft conclusions have significant value for both academic and practical purposes within the realm of international law. they provide a well-defined and inclusive structure for understanding and implementing jus cogens principles. references abello galvis, r. (2019). introduction to the international court of justice-icj. editorial universidad del rosario. anil, a. k., panicker, a. b., pillai, g. s., & kp, a. h. (2021). the evaluation of principles involved in the’lotus case’. legal lock j., 1, 85. arévalo, l. b. (2005). the work of the international law commission in the field of international environmental law. bc envtl. aff. l. rev., 32, 493. article17. article17 statute of the international law commission 1947 bae, y. j. (2023). analyzing the connection between customary land rights and land grabbing: a case study of zambia. land, 12(1), 200. bashfield, s. m. (2021). military security obstacles to pa ge 31 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 decolonizing the chagos: a reply to harris. journal of the indian ocean region, 17(2), 230-234. bílková, v. (2020). the international law commission perspective on non-state actors and customary international law. in international organisations, non-state actors, and the formation of customary international law (pp. 200-226). manchester university press. boucher, d. (2011). the recognition theory of rights, customary international law and human rights. political studies, 59(3), 753-771. bourne, c. b. (1992). the international law commission’s draft articles on the law of international watercourses: principles and planned measures. colo. j. int’l envtl. l. & pol’y, 3, 65. bowett, d. w. (1998). crimes of state and the 1996 report of the international law commission on state responsibility. european journal of international law, 9(1), 163-173. cano, g. j. (1989). the development of the law of international water resources and the work of the international law commission. water international, 14(4), 167-171. cernic, j. l. (2007). case concerning the application of the convention on the prevention and punishment of the crime of genocide (bosnia and herzegovina v serbia and montenegro), judgment of 26 february 2007, general list no. 91-catching the conscience of judges. austl. int’l lj, 14, 255. charney, j. i. (1986). international agreements and the development of customary international law. wash. l. rev., 61, 971. chasapis tassinis, o. (2020). customary international law: interpretation from beginning to end. european journal of international law, 31(1), 235-267. codification of international law article (24). commission, u. n. i. l. (1971). yearbook of the international law commission 1971. yearbook of the international law commission 1971, 1-446. coombes, r. j., & stokes, d. j. (1985). standard-setters’ responsiveness to submissions on exposure drafts: australian evidence. australian journal of management, 10(2), 31-45. crawford, j. (1995). the ilc adopts a statute for an international criminal court. american journal of international law, 89(2), 404-416. deplano, r. (2017). assessing the role of resolutions in the ilc draft conclusions on identification of customary international law: substantive and methodological issues. international organizations law review, 14(2), 227-253. draft conclusions, on identification and legal consequences of peremptory norms of general international law (jus cogens) 2022conclusion 16 obligations created by resolutions, decisions or other acts of international organizations conflicting with a peremptory norm of general international law (jus cogens). evangelidis, e., & o’donnell, t. (2019). ngos and the international law commission draft articles on the protection of persons in the event of disasters: a relationship of mutual or grudging respect? yearbook of international disaster law online, 1(1), 116-147. flemming, b. (1965). case concerning the barcelona traction, light and power company limited (new application, 1962; belgium v. spain). preliminary objections. canadian yearbook of international law/ annuaire canadien de droit international, 3, 306-314. fon, v., & parisi, f. (2009). stability and change in international customary law. supreme court economic review, 17(1), 279-309. forteau, m. (2015). comparative international law within, not against, international law: lessons from the international law commission. american journal of international law, 109(3), 498-513. franck, t. m., & elbaradei, m. (1982). the codification and progressive development of international law: a unitar study of the role and use of the international law commission. american journal of international law, 76(3), 630-639. gaja, g. (2010). the position of individuals in international law: an ilc perspective. european journal of international law, 21(1), 11-14. garwood-gowers, a. (2004). case concerning oil platforms (islamic republic of iran v united states of america): did the icj miss the boat on the use of force? melbourne journal of international law, 5(1), 241-255. gaver, c. d. (2021). dispute concerning delimitation of the maritime boundary between mauritius and maldives in the indian ocean (mauritius/maldives). american journal of international law, 115(3), 519-526. gazzini, t. (2022). the changing rules on the use of force in international law. in the changing rules on the use of force in international law. manchester university press. giza, c. c., kutcher, j. s., ashwal, s., barth, j., getchius, t. s., gioia, g. a., gronseth, g. s., guskiewicz, k., mandel, s., & manley, g. (2013). summary of evidence-based guideline update: evaluation and management of concussion in sports: report of the guideline development subcommittee of the american academy of neurology. neurology, 80(24), 2250-2257. gosrisirikul, k., & srisorn, w. (2019). preah vihear temple border dispute between thailand and cambodia. besm-30, 256. grabarsky, t. (2021). germany v. philipp: closing the door on victims of their own countries. u. pitt. l. rev., 83, 359. gray, c. (2018). the 2017 judicial activity of the international court of justice. american journal of international law, 112(2), 254-273. gutner, t., & thompson, a. (2012). the performance of international organisations. in routledge handbook on the european union and international institutions (pp. 55-70). routledge. guzzini, s. (2007). theorising international relations: pa ge 32 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 lessons from europe’s periphery. hakimi, m. (2019). making sense of customary international law. mich. l. rev., 118, 1487. hari, a., & nagpal, s. (2022). the national register of citizens (nrc) in india and the potential for statelessness in situ: a cautionary tale from assam. contemporary south asia, 30(2), 194-201. harrison, j. (2013). the international law commission and the development of international investment law. geo. wash. int’l l. rev., 45, 413. helmersen, s. t. (2019). finding ‘the most highly qualified publicists’: lessons from the international court of justice. european journal of international law, 30(2), 509-535. hickman, k. e., & hahn, r. d. (2020). categorizing chevron. ohio st. lj, 81, 611. hunter, d. b. (2022). international environmental law: sources, principles and innovations. in routledge handbook of global environmental politics (pp. 132-146). routledge. icjadvisory. on the legal consequences of the construction of a wall in the opt icj document question of palestine (no date) united nations. retrieved from https:// www.un.org/unispal/document/auto-inser t204033/#:~:text=settlements%20established%20 by%20israel%20in,construction%20of%20the%20 wall%20severely (accessed: 23 october 2023. immanuel, a. m. p. (2023). the customary obligation to avoid, reduce, or prevent statelessness in south asia. asian journal of international law, 13(2), 244-272. jalloh, c. c. (2020). identification of customary international law, statement of the chairperson of the drafting committee. florida international university legal studies research paper(20-27). jovanović, m. a. (2019). the nature of international law. cambridge university press. klabbers, j. (2020). international law. cambridge university press. klabbers, j. (2023). international law. cambridge university press. kristina and daugirdas, k. (2020). international organizations as creators of international law: a good thing? a reply to jan klabbers, ejil. retrieved from https://www.ejiltalk.org/international-organizationsas-creators-of-international-law-a-good-thing-a-replyto-jan-klabbers/ retrieved on 19 october 2023 laina, e. (2018). 2018 ilc report. the case is currently on appeal to the ninth circuit of the federal court of appeals. although we intend to cover the appeals court’s decision and any further appeal to the us supreme court, we have been contacting colleagues in the hope that attorneys or policy experts participating in either side of the case might be persuaded to share their perspectives on it, in the meantime. if you are or know of such a person, please contact epl to help bring us up to date on the matter., 48, 362. law, i. (2023). codification, legal affairs, commission, ilc, instruments and reports, yearbook (no date) united nations. retrieved from https://legal.un.org/ilc/ texts/1_14.shtml on 19 october 2023 leigh, m. (1984). case concerning military and paramilitary activities in and against nicaragua (nicaragua v. united states of america). 1984 icj reports 169. american journal of international law, 78(4), 894-897. li, x., liu, h., & zhang, z. (2023). binding force of extended continental shelf limits: investigating whether article 76 (8) of unclos constitutes customary international law. frontiers in marine science, 10, 1266802. maas, m. m. (2019). international law does not compute: artificial intelligence and the development, displacement or destruction of the global legal order. melbourne journal of international law, 20(1), 29-57. mccaffrey, s. c. (2009). the international law commission adopts draft articles on transboundary aquifers. american journal of international law, 103(2), 272-293. mcdougal, m. s. (1967). the international law commission’s draft articles upon interpretation: textuality redivivus. american journal of international law, 61(4), 992-1000. mcintyre, o. (2010). the proceduralisation and growing maturity of international water law: case concerning pulp mills on the river uruguay (argentina v uruguay), international court of justice, 20 april 2010. journal of environmental law, 22(3), 475-497. mcrae, d. (2012). the work of the international law commission, 2007–2011: progress and prospects. american journal of international law, 106(2), 322-340. moulin, t. (2023). opinio juris. in cyber-espionage in international law (pp. 269-281). manchester university press. murphy, s. d. (2015). identification of customary international law and other topics: the sixty-seventh session of the international law commission. american journal of international law, 109(4), 822-844. murphy, s. d. (2019). anniversary commemoration and work of the international law commission’s seventieth session. american journal of international law, 113(1), 90-108. murphy, s. d. (2020). peremptory norms of general international law (jus cogens) and other topics: the seventy-first session of the international law commission. american journal of international law, 114(1), 68-86. negishi, y. (2017). opinio juris as (the ultimate) international secondary rule of recognition: reconciling state consent and public conscience. european society of international law (esil) 2016 research forum (istanbul), nolte, g. (2019). 2018 aiib law lecture: international organizations in the recent work of the international law commission. in international organizations and the promotion of effective dispute resolution (pp. 225-242). brill nijhoff. onate-madrazo, a. (2022). the world court and the pa ge 33 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(1) 19-33, 2024 iran-contra scandal: nicaragua, the international court of justice, public opinion, and the origins of iran-contra. histories, 2(4), 504-515. palmeter, d., mavroidis, p. c., & meagher, n. (2022). dispute settlement in the world trade organization. cambridge university press. pershing, a. d. (2019). interpreting the outer space treaty’s non-appropriation principle: customary international law from 1967 to today. yale j. int’l l., 44, 149. ramcharan, b. g. (1977). the international law commission: its approach to the codification and progressive development of interenational law. martinus nijhoff publishers. roberts, a. e. (2001). traditional and modern approaches to customary international law: a reconciliation. american journal of international law, 95(4), 757-791. rosenberg, j. (1994). the empire of civil society: a critique of the realist theory of international relations. verso. rowhani, m. (2022). rights-based boundaries of unilateral sanctions. wash. int’l lj, 32, 127. rrecaj, b. t. (2020). legal consequences of the separation of the chagos archipelago from mauritius in 1965 (icj advisory opinion, 25 february 2019, general list no. 169). utrecht j. int’l & eur. l., 35, 50. scharf, m. p. (2013). customary international law in times of fundamental change: recognizing grotian moments. cambridge university press. scott, g. l., & carr, c. l. (1996). multilateral treaties and the formation of customary international law. denv. j. int’l l. & pol’y, 25, 71. sender, o., & wood, m. (2017). a mystery no longer? opinio juris and other theoretical controversies associated with customary international law. israel law review, 50(3), 299-330. silva, l. m. d., bitencourt, c. c., faccin, k., & iakovleva, t. (2019). the role of stakeholders in the context of responsible innovation: a meta-synthesis. sustainability, 11(6), 1766. simpson, a. (2021). coups, conflicts, and covid-19 in myanmar: humanitarian intervention and responsibility to protect in intractable crises. brown j. world aff., 28, 201. slagter, t. h., & van doorn, j. d. (2022). fundamental perspectives on international law. cambridge university press. sybesma-knol, n. (1985). the new law of treaties: the codification of the law of treaties concluded between states and international organizations or between two or more international organizations. ga. j. int’l & comp. l., 15, 425. tladi, d. (2021). peremptory norms of general international law (jus cogens): disquisitions and disputations (vol. 75). brill. tomka, p. (2019). judge geza herczegh-the first hungarian at the international court of justice. hungarian yb int’l l. & eur. l., 141. tomuschat, c. (2006). the international law commission-an outdated institution. german yb int’l l., 49, 77. van den herik, l. (2015). application of the convention on the prevention and punishment of the crime of genocide (croatia v. serbia)(icj). international legal materials, 54(5), 787-889. villiger, m. e. (1997). customary international law and treaties: a manual on the theory and practice of the interrelation of sources (vol. 28). martinus nijhoff publishers. voulgaris, n. (2022). the international law commission and politics: taking the science out of international law’s progressive development. european journal of international law, 33(3), 761-788. wan, m. (2022). international humanitarian law and the us-china rivalry: national interests and human rights linkage. asian perspective, 46(4), 605-625. watson, a. (1984). an approach to customary law. u. ill. l. rev., 561. watts, a. (1999). the international law commission 1949-1998: volume three: final draft articles of the material (vol. 3). clarendon press. weisburd, a. m. (2005). consistency, universality, and the customary law of interstate force. in customary international law on the use of force (pp. 31-77). brill nijhoff. weiss, t. g. (2016). humanitarian intervention. john wiley & sons. wood, m. (2019). customary international law and the general principles of law recognized by civilized nations. international community law review, 21(3-4), 307-324. wood, m., & sthoeger, e. (2022). the un security council and international law. cambridge university press. wood, s. m. (2015). international organizations and customary international law. vanderbilt journal of transnational law, 48(3), 609. yejoon, r. (2020). reflections on the role of the international law commission in consideration of the final form of its work. asian journal of international law, 10(1), 23-37. zarneshan, s., & rastgoo afkham, a. (2020). modern considerations in the identification of customary international law: reflections on the ilc’reports (2013-2018) & some international judicial decisions. iranian review for un studies, 3(1), 83-109. pa ge 1 pa ge 26 american journal of society and law (ajsl) criminal protection of public property in the legal system of afghanistan rohullah samim1* volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4510 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: february 03, 2025 accepted: march 08, 2025 published: april 21, 2025 if we look at the criminal side of the protection of public property, we can say that there are laws and legal mechanisms in afghanistan’s criminal law (as a type of the legal system) which would be used to deter and punish offenders who commit crimes against public property. this kind of protection is one of the best and most important ways to protect public property. nonetheless, despite the presence of these legal provisions, there are challenges in the enforcement of laws against public property offenses which include weak institutional capacity, corruption, and lack of public awareness on the legal implications of these offenses. addressing these challenges is crucial to enhancing the legal framework’s efficiency. the present study examines applicable legal concepts using a descriptive-analytical approach of research method and library data collection. the analysis also includes a comparative approach to showcase how other jurisdictions address similar issues and suggestions for best practices which could be considered in relation to afghanistan. the results demonstrate that in afghanistan’s legal system, public property is defined as assets that are allocated for the common use and well-being of society. no criminal penalty is more effective than others for unlawful penetration of such property, including capital punishment, imprisonment, fine and damage, depending on the severity and nature of the crime. criminal policy is the systematic approach that enables these criminal protections to be enforced, and against which the perpetrators can be held accountable. some sort of stringent yet efficiently executed penal provision coupled with institutional mechanisms and public legal awareness campaigns, however, would be required to bring down the numbers of crimes against public property to further protect national wealth and resources. moreover, the adoption of relevant international best practices and stronger legal oversight mechanisms could go a long way in enhancing the protection of public property in afghanistan legal system. keywords afghanistan’s criminal law, capital punishment, criminal protection, fines, imprisonment, public property 1 faculty of law and political science, ghalib university, kabul, afghanistan * corresponding author’s e-mail: samim@ghalib.edu.af introduction as we know, public property constitutes a nation’s national wealth and is made available for public use, belonging not only to the present generation but also to future ones. the economic value and societal benefits of such assets necessitate their special protection and preservation. the significance of this matter is so profound that various preventive measures have been proposed to curb encroachments by individuals and entities (both legal and natural persons). these measures include the adoption of modern technologies, the strengthening of oversight institutions such as municipalities, and public awareness campaigns aimed at safeguarding public assets. however, one of the most effective and essential strategies especially in afghanistan’s current circumstances is the legal approach, particularly criminal protections, as a fundamental mechanism to address these issues at their root. to ensure the effective application of legal frameworks for the protection of public property, existing laws must be rigorously enforced. moreover, in cases where legal gaps or deficiencies exist, legislative reforms drawing from the experiences of other countries must be undertaken. literature review regarding prior research on this subject, various studies have addressed public property and its classifications. for instance, abdul hossein rasouli’s work titled property law (2nd edition, farhang publications, 2017) focuses on afghanistan’s legal framework but does not specifically address criminal protections for public property. other studies have explored criminal protection for specific types of public assets, but within the iranian legal system. for example, farzaneh gholipour’s master’s thesis (criminal protection of air and water, islamic azad university, tehran, 2013) discusses environmental protection within iran’s criminal law context. mohammad tariq hilal, barialy bahir, ahmad naveed noori (hilal et al., 2023). the concept of public property public property is what the government owns and has everything going to the public. such resources include parks, buildings, other urban shape and natural services provided for the use of the community (cole & grossman, 2002). while private property is under individual control, public property is managed by public laws and regulations that ensure it works for the common good (wyman, 2017). public property can provide public services like libraries and schools or recreational green spaces or environmental conservation. public goods are subject to democratic processes that govern their management and allocation and their role in promoting the common good (underkuffler, 2005). pa ge 27 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 this kind of property is critical for providing social order and equitable resource access; this property helps all constituents of society without regard to social or financial standing (bromley, 1991). in the afghanistan legal system public property refers to assets that do not belong to any specific individual owner (qasemzadeh, 2011). according to this definition, any property without a designated owner falls under the category of public or communal property. the term public signifies common ownership, general accessibility, and collective use, as opposed to private ownership (amid, 2010). however, properties with unknown owners or lost items (luqṭah) that originally had a specific owner, even if their owner remains unidentified, are not considered public property. it is important to note that the definition provided above is not entirely comprehensive, as it merely states that public property lacks a private owner without explicitly addressing its function for public benefit and welfare. a more precise definition would be that public property consists of assets designated for the benefit and welfare of all members of society (langroudi, 2007). these assets may be: 1. directly accessible to the public, such as roads, public squares, bridges, and other public infrastructures. 2. accessible under certain conditions, where usage is subject to specific regulations and eligibility criteria, such as public schools, state orphanages, and government universities. several alternative definitions of public property have also been proposed: “public property refers to assets that belong to the public or remain unclaimed” (katouzian, 1998). according to this definition, public property comprises assets collectively owned by the people, which neither individuals nor legal entities can appropriate as private property. examples include roads, bridges, mosques, parks, pastures, and other shared resources. public property is closely associated with the concept of common property, which refers to: “assets collectively owned by a nation or the residents of a region, such as a city, and utilized for public purposes, including parks, public squares, endowments, streets, and highways” (langroudi, 2007). based on this definition, no individual may claim ownership over public streets, open-ended alleys, bridges, caravanserais, public reservoirs, historical schools, public squares, or wells used by the general public. the prohibition of private ownership over such assets stems from the fact that their intended function and purpose inherently conflict with private appropriation. another comprehensive definition states: “public property consists of assets owned by the state or public legal entities, designated for public welfare. these assets may be directly available for public use such as roads, bridges, museums, squares, and parks or may be subject to specific usage criteria, such as public universities, government schools, and military buildings, which are accessible only to individuals meeting certain conditions” (rasouli, 2017). afghanistan civil law provides a legal definition of public property: “public property refers to assets that do not belong to individuals and are designated for the public interest and welfare.” additionally, under the civil code of afghanistan (cma), public property may be either movable or immovable, provided that it is designated for public benefit and welfare. based on the provided definitions, this study’s author proposes the following: “public property consists of assets collectively owned by society, managed by public legal entities, and allocated for the common good and public welfare.” also property is categorized into two types: perfect property and imperfect (imperfect) property (hilal, 2023). criminal protection of public property in afghanistan’s criminal law efforts to control and safeguard national wealth, including public property, stem from its foundational role in society. if we aim to fulfill our duty toward future generations, our nation, and civilization as a whole and if we wish to pass down the same resources and opportunities that our predecessors entrusted to us we must begin by preserving and protecting the fundamental infrastructure of society, namely public assets and resources. the preservation of these essential resources has always been a commendable act throughout history. since public property belongs to society at large and constitutes the backbone of a thriving community, any encroachment upon it poses a serious threat to human rights. these public assets, which include roads, parks, green spaces, rivers, canals, groundwater, air, and historical-cultural heritage, are entrusted to governments either by divine decree (natural resources) or by the people (man-made assets) for public use and welfare. the primary responsibility of the state is to act as the guardian of these resources on behalf of the entire population. the role of criminalization in public property protection given the critical importance of protecting public assets, the state has the authority to criminalize offenses related to public property. while criminalization inherently restricts individual freedoms, it is justified when it serves the greater good of society especially in cases where public property constitutes a fundamental pillar of national welfare. by adhering to the principle of legality in crime and punishment, the state can legitimately impose criminal sanctions to deter offenses against public assets. today, most legal systems worldwide recognize the protection of public property both through criminal and non-criminal measures as a core legal and social value, necessitating effective policies and enforcement mechanisms. one of the most significant measures in this regard is criminal protection, which serves as a deterrent against violations and ensures accountability. this section specifically examines the criminal protections afforded to public property under afghanistan’s criminal law. it explores the criminal policy adopted by the afghan legislature in combatting offenses against public assets and evaluates the legal mechanisms in place to punish offenders and prevent future violations. the nature of punishment and its role in crime prevention punishments are designed with multiple objectives: they serve to penalize offenders, ostracize pa ge 28 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 criminals from society, rehabilitate wrongdoers, and alert the public to the consequences of criminal acts. these functions of punishment vary in severity and intensity across different societies, but a common underlying principle exists across all human civilizations ensuring personal and social securityas a fundamental human need (gholipour, 2013). this innate desire for safety has led societies to adopt various deterrence mechanisms, ranging from fear-based punishments to rehabilitative approaches, in an effort to neutralize criminal behavior and reform offenders. over centuries, legal systems have evolved significantly, striving to balance deterrence, punishment, and rehabilitation. criminal sanctions for offenses against public property in afghanistan following this introduction, the discussion now turns to an in-depth analysis of the legal responses provided by afghan law against individuals who commit crimes against public property. specifically, this study examines: 1. what types of criminal sanctions are imposed for offenses against public assets under afghan law? 2. what legal mechanisms has the legislature established to safeguard public property and penalize offenders? by addressing these questions, the research aims to clarify the scope and effectiveness of afghanistan’s criminal protections for public property and assess the sufficiency of existing legal frameworks in combating such offenses. capital punishment (death penalty) in certain cases, offenses against public property not only result in damage to national assets but also threaten human life or involve terrorist acts aimed at undermining the government. under such circumstances, the death penalty is imposed. according to article 169 of afghanistan’s penal code (2017), capital punishment is defined as: “the removal of a natural person’s life in accordance with the law, following a verdict issued by a competent court and the approval of the president.” as one of the severest forms of criminal punishment, the death penalty is considered a neutralizing response to grave offenses against public assets when such crimes also lead to loss of life or pose a direct threat to the state. capital punishment for crimes against public property afghanistan’s penal code prescribes the death penalty for individuals who intentionally destroy public buildings, state-owned properties, or assets belonging to public institutions and, in the course of committing such acts, also commit intentional murder. article 259 of the penal code provides: (1) any person who deliberately destroys or damages public or state-owned buildings, properties dedicated to governmental institutions, public organizations, or entities legally established for public benefit in such a way that renders them completely or partially unusable shall be sentenced to medium or long-term imprisonment. (2) if the offense specified in paragraph (1) is committed in a state of emergency, with the intent to cause disorder, or to spread fear among the public, the offender shall be sentenced to long-term imprisonment exceeding ten years. (3) if the offense specified in paragraph (1) results in death, the offender shall be sentenced in accordance with the penalty for the crime committed (penal code of afghanistan, 2017). paragraph (3) clearly establishes that if an individual commits a crime against public property and simultaneously commits murder, they shall be subject to capital punishment. furthermore, article 547(6) of the penal code reinforces this principle, stating: “if murder is committed in conjunction with another intentional felony or misdemeanor, the offender shall be sentenced to death.” (penal code of afghanistan, 2017, article 547(6)). from a legal standpoint, this provision implies that if a person commits a crime against public property that qualifies as a felony while also committing intentional murder, they will face the death penalty. however, if the crime against public property is classified as a misdemeanor, the offender will be sentenced to firstdegree life imprisonment instead of capital punishment. destruction of public property for terrorist purposes another instance where capital punishment applies is when public property is deliberately destroyed as part of a terrorist act aimed at challenging state authority or destabilizing the government. however, the death penalty is only imposed if such acts result in human fatalities. article 269(2) of the penal code explicitly states: (1) a person who, with the intent to commit a terrorist act, destroys or severely damages public infrastructure, disrupts its functionality, or renders it unusable, shall be sentenced to the maximum term of long-term imprisonment. (2) if the offense specified in paragraph (1) leads to the death of a person or persons, the offender shall be sentenced to death. (penal code of afghanistan, 2017). a critical analysis of article 269 suggests that the punishment for terrorist acts should be more severe in all instances. article 269(1) provides for long-term imprisonment (ranging from 5 to 16 years) for terroristrelated destruction of public property. however, given the gravity of such crimes, it would be more appropriate for the legislator to impose first-degree life imprisonment or a harsher penalty in line with article 269(2), which prescribes the death penalty if the act results in fatalities. poisoning of public water supplies a unique instance of capital punishment related to public property is the deliberate contamination of public water sources, which endangers both human life and national resources. article 814(2) of the penal code states: (1) any person who intentionally contaminates public water sources, such as wells, reservoirs, or underground aquifers, by introducing toxic, microbial, or harmful substances, thereby endangering public health or property, shall be sentenced to second-degree life imprisonment. (2) if the offense specified in paragraph (1) results in the death of an individual, the offender shall be sentenced to death (penal code of afghanistan, 2017). this provision pa ge 29 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 emphasizes the severe consequences of tampering with public water supplies, recognizing the vital role of clean water in public health and safety. illegal drilling of wells leading to fatalities similarly, the unlawful drilling of wells or sewage systems without the proper authorization, which subsequently results in the death of a person, can also lead to capital punishment under afghan law. article 838(3) of the penal code provides: (2) any person who illegally drills a sewage well or engages in unauthorized activities that contaminate groundwater or drinking water sources shall be sentenced to short-term imprisonment. (3) if the offense specified in paragraph (2) results in the death of a person, the offender shall, in addition to the penalty stipulated in this article, be sentenced to the punishment prescribed for the committed crime (penal code of afghanistan, 2017). imprisonment one of the most fundamental mechanisms for protecting society against criminals is imprisonment, which isolates offenders and prevents them from posing further threats. this type of punishment serves both positive and negative functions. on one hand, incarceration removes offenders from society, thereby reducing immediate risks and maintaining public order. on the other hand, it protects the offender from potential retaliation by victims or other individuals, thereby upholding the rights of the accused. furthermore, imprisonment allows for the classification of inmates and their placement in rehabilitation programs, facilitating their reintegration into society as law-abiding citizens. unlike some other forms of punishment, imprisonment is flexible and can be adjusted based on the severity of the crime and the characteristics of the offender. additionally, if a judicial error occurs, compensation and remedial measures are more feasible compared to irreversible punishments such as the death penalty (safari, 2008). legal provisions on imprisonment for crimes against public property afghanistan’s penal code prescribes various forms of imprisonment for crimes against public property, depending on the degree of harm and the circumstances of the offense. some of the most relevant legal provisions are discussed below. 1. destruction of public buildings and state-owned property (article 259): according to article 259 of the penal code, any person who deliberately destroys or damages public buildings, state-owned properties, or assets belonging to public institutions shall be sentenced to mediumor long-term imprisonment, depending on the severity of the crime. however, if the offense occurs under emergency conditions or is committed with the intent to cause disorder, panic, or fear, the crime is considered aggravated, and the perpetrator is sentenced to long-term imprisonment exceeding ten years. (1) any person who intentionally destroys public or stateowned buildings, properties dedicated to governmental institutions, public organizations, or entities legally established for public benefit in such a way that renders them completely or partially unusable shall be sentenced to mediumor long-term imprisonment. (2) if the offense specified in paragraph (1) is committed in a state of emergency, with the intent to create disorder or instill fear in the public, the offender shall be sentenced to long-term imprisonment exceeding ten years. (penal code of afghanistan, 2017). 2. destruction of public infrastructure for terrorist purposes (article 269): article 269 of the penal code addresses offenses involving the destruction of public infrastructure for terrorist purposes. if an individual damages or disables public infrastructure such as transportation networks, energy facilities, or water supply systems with the intent of committing a terrorist act, they shall be sentenced to the maximum term of long-term imprisonment. (1) any person who, with the intent to commit a terrorist act, destroys or severely damages public infrastructure, disrupts its functionality, or renders it unusable shall be sentenced to the maximum term of long-term imprisonment (penal code of afghanistan, 2017). 3. arson (article 344): afghanistan’s penal code also criminalizes arson as a serious offense. article 344 states that any person who deliberately sets fire to movable or immovable property belonging to another person shall be sentenced to short-term imprisonment. although the article does not explicitly specify whether “another person” includes public entities, it can be reasonably inferred that public property falls within the scope of this provision. furthermore, if arson is committed against certain public utilities or facilities, the offender is sentenced to second-degree life imprisonment. the penal code explicitly lists the following as aggravating circumstances: (1) any person who intentionally sets fire to movable or immovable property with the intent to cause harm to themselves or others shall be sentenced to short-term imprisonment. (3) if the act of arson is committed in any of the following locations, the offender shall be sentenced to second-degree life imprisonment: rail transport facilities, including railway engines, passenger train cars, or airport terminals. public areas where large numbers of people reside or frequently gather. government buildings, state-owned enterprises, or public institutions (penal code of afghanistan, 2017). in addition to the penalties discussed earlier, afghanistan’s penal code also prescribes imprisonment for various offenses against public property, including disrupting public transportation, damaging communication systems, deforestation, and desecration of graves. below are some of the key legal provisions addressing these crimes? 1. disruption of public transportation (articles 360 & 361): any act of negligence or recklessness that disrupts public transportation or causes significant damage to public property is punishable by medium-term imprisonment. pa ge 30 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 according to article 360 of the penal code, if a person deliberately endangers or disables public transportation infrastructure such as vehicles, railway tracks, terminals, or other transportation facilities they shall be sentenced to mediumor long-term imprisonment. (1) any person who intentionally endangers or disables public transportation vehicles, routes, premises, facilities, or infrastructures related to motorized land, water, or railway transport shall be sentenced to mediumor longterm imprisonment, depending on the circumstances (penal code of afghanistan, 2017). additionally, article 361 of the penal code states that if such an offense is committed due to negligence or recklessness, the offender shall be sentenced to mediumterm imprisonment of up to three years. (1) any person who, due to recklessness or negligence, endangers the safety of public transportation vehicles, routes, premises, facilities, or infrastructures related to motorized land, water, or railway transport, shall be sentenced to medium-term imprisonment of up to three years (penal code of afghanistan, 2017). 2. damage to telecommunication systems (article 365): the penal code also criminalizes the deliberate destruction of telecommunication systems, which can disrupt public communications and emergency services. any person who intentionally destroys or disables telecommunication systems in any manner shall be sentenced to short-term imprisonment (penal code of afghanistan, 2017). 3. destruction of public buildings and infrastructure (article 368): the deliberate destruction of public buildings, state-owned properties, or assets allocated for public benefit is explicitly criminalized under article 368 of the penal code. any person who intentionally destroys public buildings, state-owned properties, or properties dedicated to governmental institutions, public benefit organizations, or general public use shall be sentenced to a maximum of short-term imprisonment or a fine ranging from 30,000 to 60,000 afghanis (penal code of afghanistan, 2017). 4. deforestation, road & park destruction (article 369): cutting down public trees, damaging roads, parks, or recreational areas is also classified as an offense against public property. any person who intentionally cuts down trees or destroys public roads, parks, or recreational areas shall be sentenced to short-term imprisonment of up to six months or fined between 5,000 and 30,000 afghanis. additionally, the offender shall be required to compensate for damages, including the costs of replanting trees and restoring the affected facilities (penal code of afghanistan, 2017). 5. desecration of graves (article 694): while legal debates exist regarding whether graves qualify as public property, afghan law—following prevailing social customs classifies grave desecration as an offense against public assets. any person who, without religious or legal authorization, destroys or desecrates a grave or cemetery shall be sentenced to short-term imprisonment or fined between 30,000 and 60,000 afghanis (penal code of afghanistan, 2017). 6. theft from places of worship (article 708): another significant crime against public property is theft from places of worship. since mosques and other religious sites serve the entire community, afghan law categorizes such theft as an offense against public property. any person who commits theft inside a place of worship, including mosques and other religious establishments, shall be sentenced to medium-term imprisonment of no less than three years (penal code of afghanistan, 2017, article 708). this legal provision is based on the principle that religious institutions belong to the public, and any violation against them constitutes a crime against public property. 7. land usurpation (articles 715 & 716): another critical offense under afghan law is land usurpation, which includes illegal occupation, unauthorized use, or unlawful transfer of government, public, private, or endowed land. article 715 of the penal code defines land usurpation as: “the occupation, appropriation, usage, transfer, mortgage, guarantee, lease, or rental of government, public, private, communal, or endowed lands without valid legal documentation or authorization.” (penal code of afghanistan, 2017). additionally, article 716 prescribes the penalties for land usurpation: (1) any person convicted of land usurpation shall, in addition to returning the land, be subject to the following penalties: (penal code of afghanistan, 2017). (the specific penalties are detailed in the subsequent legal provisions.) afghanistan’s penal code imposes various levels of imprisonment for land usurpation (ghasb-e-zamin) depending on the value of the land in question. the severity of the punishment increases proportionally with the economic impact of the crime. according to article 716 of the penal code, individuals convicted of land usurpation are subject to the following penalties: (1) the convicted person, in addition to returning the land, shall be sentenced as follows: if the land’s value is up to 300,000 afghanis, the offender shall face short-term imprisonment. if the land’s value exceeds 300,000 afghanis but is less than 1 million afghanis, the offender shall face mediumterm imprisonment of up to two years. if the land’s value exceeds 1 million afghanis but is less than 5 million afghanis, the offender shall face medium-term imprisonment of more than three years. if the land’s value exceeds 5 million afghanis, the offender shall face long-term imprisonment of up to ten years (penal code of afghanistan, 2017, article 716). moreover, the penal code introduces additional legal consequences for land usurpation in certain situations: if the usurped land belongs to the public or is endowed (waqf) and was sold for residential construction, the offender must return the received money to the state treasury, in addition to serving the prescribed punishment pa ge 31 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 (penal code of afghanistan, 2017). the convicted individual must return the land, and any legal documents they presented as proof of ownership shall be deemed null and void. (penal code of afghanistan, 2017). in addition to direct land usurpation, afghan law recognizes crimes that, while not technically usurpation, are treated as equivalent offenses due to their impact on public resources. these include illegally occupying or using public water sources, forests, or other communal lands for personal gain. according to article 719 of the penal code: any person who unlawfully takes possession of or exerts ownership over public water resources, including riverbanks, canals, streams, springs, underground water reserves, wetlands, grazing lands, hills, or mountains, shall be treated as committing land usurpation and shall be sentenced to medium-term imprisonment ranging from one to five years (penal code of afghanistan, 2017). historical and cultural assets are classified as public property, as they belong not only to the state but to the entire nation across generations. any destruction or damage to these assets is treated as a criminal offense. protection of historical and cultural monuments (article 731): (1) any offense committed under this section shall be treated as a crime against historical or cultural heritage, and the offender shall be punished accordingly. (2) for the purpose of this section, historical or cultural heritage includes: movable or immovable property of cultural significance to the nation, including architectural, artistic, or historical buildings, archaeological sites, manuscripts, rare books, and scientific collections. museums, libraries, and archives designed to preserve and display cultural assets (penal code of afghanistan, 2017). since historical and cultural assets are considered public property, afghan law imposes strict penalties for their destruction or illegal trade: any person who intentionally damages, destroys, or defaces a historical or cultural asset shall be sentenced to mediumor long-term imprisonment (penal code of afghanistan, 2017). if destruction or loss occurs due to negligence by a responsible official or guardian, they shall be sentenced to mediumor short-term imprisonment (penal code of afghanistan, 2017). illegal trade and smuggling of cultural artifacts (articles 735-736). the unauthorized removal, trade, or smuggling of historical and cultural artifacts is strictly prohibited under afghan law: any person who removes a historical or cultural artifact from its designated location without official authorization shall be sentenced to medium-term imprisonment of up to two years (penal code of afghanistan, 2017). if this act leads to destruction, alteration, or loss of the artifact, the offender shall face mediumor longterm imprisonment of up to eight years (penal code of afghanistan, 2017). illegal sale, purchase, storage, transportation, or smuggling of cultural artifacts is punishable by medium or long-term imprisonment (penal code of afghanistan, 2017). if a person imports a prohibited historical or cultural artifact into afghanistan, they shall be sentenced to shortterm imprisonment or fined between 30,000 and 60,000 afghanis (penal code of afghanistan, 2017). since the environment is a shared national resource, any act that damages forests, pollutes rivers, or harms green spaces is treated as a crime against public property. pollution and environmental damage (article 807). (1) any person who releases harmful pollutants into water, soil, or air at levels that pose risks to humans, animals, plants, or buildings shall be guilty of an environmental crime and shall be sentenced to mediumterm imprisonment. (2) if this crime results in bodily harm, psychological harm, or death, the offender shall, in addition to longterm imprisonment, be subject to further penalties (penal code of afghanistan, 2017). poisoning public water supplies (article 814): (1) any person who deliberately contaminates a public well, reservoir, or other water source with toxic or microbial substances, endangering public health, shall be sentenced to second-degree life imprisonment (16 to 20 years). (2) if this crime results in death, the offender shall be sentenced to death (penal code of afghanistan, 2017). if such an act occurs due to negligence, the punishment is reduced to medium-term imprisonment. destruction of public utilities (article 816): (1) any person who intentionally damages public infrastructure, including water, electricity, and gas utilities, shall be sentenced to medium-term imprisonment of up to two years. (2) if the crime is committed through negligence, the punishment is reduced to short-term imprisonment (penal code of afghanistan, 2017). deforestation and illegal logging (article 827), any person who illegally cuts down trees in state-owned or communal forests or smuggles timber shall, in addition to confiscation of the timber, be sentenced to medium-term imprisonment of more than three years (penal code of afghanistan, 2017). intentional flooding (articles 849-850), the deliberate creation of floods that endanger public and private property is criminalized under afghan law. (1) any person who intentionally causes a flood that threatens public or private property shall be sentenced to long-term imprisonment (penal code of afghanistan, 2017). if flooding is caused accidentally, but results in damage to public infrastructure, the punishment is long-term imprisonment of up to seven years (penal code of afghanistan, 2017). monetary fines (financial penalties) another key aspect of criminal protection of public property under afghanistan’s penal code is the imposition of monetary fines. concept of monetary fines monetary fines (jazā-ye naqdi) refer to financial penalties pa ge 32 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 imposed by law as punishment for certain crimes. unlike blood money (diyah) or debts (dayn), which can be inherited and paid from the deceased’s estate, monetary fines are strictly personal and expire upon the death of the convicted individual. additionally, fines cannot be negotiated or paid to the victim or their heirs instead, they are deposited into the state treasury (hasanzadeh, 2011). historically, before formal governments were established, monetary compensation (gharamat) was used to settle disputes in tribal societies. the amount of compensation depended on the extent of the damage and the power dynamics between the conflicting parties. however, with the formation of modern legal systems, state-regulated fines replaced these informal practices. afghanistan’s penal code recognizes monetary fines as a supplementary or alternative punishment alongside imprisonment for crimes against public property. below are some key legal provisions in which financial penalties are imposed. fines for environmental crimes and destruction of public lands one of the primary categories where fines are imposed is environmental damage and destruction of public lands. illegal burning or destruction of pastures (alafcharha) is classified as a crime against public property and is punishable by a monetary fine. negligence leading to the destruction of public telecommunication systems also incurs fines ranging from 5,000 to 30,000 afghanis (penal code of afghanistan, 2017). since telecommunication infrastructure can be either privately owned or state-owned, any damage to stateowned communication networks, which serve the general public, is treated as a crime against public property. fines for destruction of public buildings and infrastructure any person who intentionally destroys public buildings, state-owned properties, or assets designated for public benefit shall be fined between 30,000 and 60,000 afghanis (penal code of afghanistan, 2017). any person who deliberately cuts down trees, damages public roads, parks, or recreational areas shall be fined between 5,000 and 30,000 afghanis, in addition to paying for the cost of restoration (penal code of afghanistan, 2017). fines for desecration of graves and religious property destroying or damaging graves and tombs, which are classified as public property, is punishable by a fine of 30,000 to 60,000 afghanis (penal code of afghanistan, 2017). theft of low-value items (less than 5,000 afghanis) from places of worship is punishable by a fine of 10,000 to 60,000 afghanis (penal code of afghanistan, 2017). since places of worship such as mosques serve the general public, any crime committed against their property is treated as a violation of public assets. fines for illegal construction on public lands unauthorized construction on public land designated for mining or oil and gas extraction is punishable by a fine of 120,000 to 300,000 afghanis (penal code of afghanistan, 2017). fines for environmental violations the penal code also imposes fines for environmental crimes, in addition to imprisonment: failure to comply with environmental regulations set by the national environmental protection agency (nepa) results in fines ranging from 60,000 to 100,000 afghanis (penal code of afghanistan, 2017). illegally cutting down trees or destroying green spaces in public areas results in fines between 5,000 and 10,000 afghanis (penal code of afghanistan, 2017). conclusion this study aims to scrutinize the criminal protection enacted for the purpose of protecting public property in afghanistan and look for gaps or deficiencies in the legal structures and enforcement mechanisms. in this study, a descriptive-analytical research method was used, and data were collected through library studies to examine the relevant legal statements. it also attempts, on a limited basis, to assess how jurisdictions have dealt with similar problems, and the lessons to be learned from other states that could apply to afghanistan. the results show that in afghanistan’s legal system, public property is defined as property that has been allocated to be used for the common good and benefit of society. all criminal penalties such as capital punishment, imprisonment, fine, and reparation, according to the seriousness and character of offense punish such a gainful assault on the possession. in practice, however, frequent problems with enforcement and no population-specific laws significantly reduce the effectiveness of these sanctions. for effective and uniform enforcement of these criminal protections, afghanistan’s criminal policy must be strictly applied to violators. “crimes against state property are serious and impact the nation as a whole, and a stringent penal approach combined with reforms in institutions and awareness among the public on legal affairs, is the only way for society to gradually accept the importance of the rights of public property, and also avoid any unlawful attack on such property,” it said. moreover, the review and adoption of the appropriate international best practices and the strengthening of mechanisms of legal oversight can reinforce the protection of public property in existing and new legislation in afghanistan it outlines the gaps in criminalization and enforcement of crimes against public property, and argues for much more comprehensive institutional reform in addition to existing patchwork laws. though afghanistan’s legal framework allows for different kinds of penalties, corruption, lack pa ge 33 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 26-33, 2025 of coordination, and poor implementation tarnish the effectiveness of such sanctions. however, based on tested comparative legal frameworks, the protection of public assets in afghanistan could substantially improve with a focus on international best practices in relevant law. however, based on tested comparative legal frameworks, the protection of public assets in afghanistan could substantially improve with a focus on international best practices in relevant law. references amid, h. (2010). amid persian dictionary. shafi’i publications. bromley, d. w. (1991). environmental and economy: property rights and public policy. blackwell. cole, d. h., & grossman, p. z. (2002). the meaning of property rights: law versus economics? land economics, 78(3), 317–330. https://doi.org/10.2307/3146892 gholipour, f. (2013). criminal protection of air and water (master’s thesis, islamic azad university, tehran branch). hasanzadeh, a. (2011). alternative sentences to imprisonment in the new draft of the islamic penal code (master’s thesis, imam khomeini international university). hilal, m. t., bahir, b., & noori, a. n. (2023). reasons for acquiring defective property in afghan civil code and islamic shariah. american journal of society and law, 2(2). https://doi.org/10.54536/ajsl.v2i2.1603 jafari langroudi, m. j. (2007). legal terminology. ketabkhaneh ganji danesh. katouzian, n. (1998). the civil code in the current legal system (1st ed.). dadgostar publishing. ministry of justice. (1976). civil code of afghanistan (official gazette no. 353, serial no. 2418). ministry of justice. (2017). penal code of afghanistan (official gazette no. 1260, serial no. 256). qasemzadeh, s. m., & others. (2011). interpretation of the civil code (5th ed.). samt – center for research and development of humanities. rasouli, a. (2017). property law (2nd ed.). farhang publications. safari, a. (2008). penology. jungle publications. underkuffler, l. (2005). the idea of property: its meaning and power. oxford journal of legal studies, 25(4), 793– 805. https://doi.org/10.1093/ojls/gqi042 wyman, k. m. (2017). the new essentialism in property. journal of legal analysis, 9(2), 183–246. https://doi. org/10.1093/jla/lay002 pa ge 1 pa ge 1 american journal of society and law (ajsl) a forensic linguistics analysis of senate investigations on the matter of people’s initiative in the philippines: language crimes in focus brandon n. obenza1*, chryzl joy o. deluao2 volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4010 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: november 09, 2024 accepted: december 13, 2024 published: january 25, 2025 this critical discourse analysis aims to expose the violations of the standards and guidelines of conversation specifically in the context of senate investigations on the matter of people’s initiative in the philippines. moreover, this study delved into the violations of maxims within the premise of cooperative principle conceptualized by grice. this study utilized a qualitative research design using forensic linguistics through critical discourse analysis, with corpus linguistics of two 4-hour length senate investigation videos which focus on spoken legal language. the findings revealed the frequency of violations of the four maxims within the analyzed corpora as follows: 23% on the maxim of quality, 23% on the maxim of quantity, 34% on the maxim of relevance, and 20% on the maxim of manner. this finding signifies the complexities of linguistic behavior within the analyzed corpora and offers insights into the discourse surrounding people’s initiative in the philippines. keywords critical discourse analysis, language crime, people’s initiative, philippines, violations of maxims 1 university of mindanao, davao city, 8000, philippines 2 barayong national high school , philippines * corresponding author’s e-mail: bobenza@umindanao.edu.ph introduction language crime refers to acts or behaviors that violate societal standards or rules governing language (dewi & la’biran, 2023). it often occurs when speakers use words for malicious or unethical intent, when someone uses harsh or degrading language, when someone intimidates or threats another or insults or belittles another person which may compromise the victim’s sense of security and comfort and jeopardize their mental and emotional health (dewi & la’biran, 2023; dewi & rukuk, 2022; suryani et al., 2021; la’biran et al., 2019). all crimes committed by language are related to the illegal speech act (tiersma & solan, 2012). speech acts include asking questions, making threats, lying, agreeing, and promising; under certain conditions, some of these can be criminal (tiersma & solan, 2012). meanwhile, investigations and hearings allow legislators to obtain information, explore ideas, and evaluate support for proposed legislative stance (perna et al., 2019; reisigl & wodak, 2016; birkland, 2016; deimer & feddersen, 2000). they are held to gather data and feedback, to carry out investigations, or to assess the operations of government agencies. according to reisigl and wodak (2016), legislative hearings are a genre of discourse with a specific purpose in a specific social context and set standards and guidelines that control all facets of communication. hence, in order to fulfill the goal of these proceedings, speakers are expected to participate in a discourse by providing a clear and appropriate responses. it is therefore expected that every speaker will present only pertinent and clear information to serve its purpose. with the recognized standards established on senate investigations, there are still observable instances where speakers in these proceedings commit language crime by providing irrelevant, ambiguous, insufficient, and false responses leading to unsuccessful discourse. hence, forensic linguistics is used to analyze the language crimes committed by these speakers (dewi & la’biran, 2023; hendrokumoro et al., 2019; rusdiansyah, 2021). forensic linguistics (fl) is a subfield of applied linguistics that studies and ties law to legal procedures (hassan, 2020). in other words, it is the application of linguistics to three major areas: written legal texts, spoken legal practices (interactions), and the presentation of evidence in civil and criminal investigations and judicial procedures (coulthard et al., 2011). with the use of fl, experts in languages will study the language and speech used by offenders of language crimes. the language patterns, phrase structures, word choices, and language styles employed by those who commit language crimes will be examined. in the conduct of senate proceedings in the philippines, there are still evident violation that flag the discourses as malicious and irrelevant which entails to be committing a language crime. some statements misdirect the flow of the discourses to provide ambiguous answers and alter the course of the discussion. in order to expose the violation of the standards and guidelines of conversation specifically in the context of senate investigations on the matter of people’s initiative in the philippines, this study delved into the violations of maxims within the premise of cooperative principle conceptualized by grice. by analyzing the discourse of these hearings, this study revealed how speakers during the senate investigation violated the maxims and what potential language crime they committed brought by imposing an idea, providing a response, misdirecting pa ge 2 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 a point and framing statements. this study revealed the ways in which the speakers cooperate and express themselves in conversation while breaching the theory of cooperative principle. according to monemi (2012), the violations of language theories, such as the cooperative principle, can help analyze crime. the main objective of this research is to explore the violated maxims in senate hearings using critical discourse analysis and analyze whether these violations lead to a potential language crime. research questions this study sought to answer the following research questions: 1. what are the violations committed by the speakers in the premise of cooperative principle of grice? 2. what are the implicatures of the violations committed during the senate investigations and hearing? 3. what language crimes are potentially committed by the speakers during the senate hearings of people’s initiative? theoretical lens this paper is grounded upon grice’ cooperative principles (1975) which supported the comprehensive discussion of the study. cooperative principle states that participants in a discussion are required to make conversational contributions as needed based on the established purpose of the conversation. the cooperative principle’s main premise is that interlocutors cooperate when they are having conversation (al-zubeiry, 2020). conversation only works when both speakers produce proper utterances (grice, 1975). establishing rules to follow, grice proposes four conversational maxims for speakers in order to assure effective interaction. to successfully create a conversation, participants in the discussion would be required to abide by the four maxims; maxim of quantity where a speaker should provide as much information as necessary, and should never provide more information that is not necessary; maxim of quality, where a speaker should make an effort to contribute something honest and do not mention something that is untrue; maxim of manner, where a speaker should refrain from being ambiguous; and maxim of relation, where a speaker should be relevant). he asserted that considering the cooperative principle and the maxims is reasonable in the sense that anyone who is concerned with the main purpose of communication such as sharing and receiving information should be expected to be interested in taking part in the productive conversation. he further stressed that a speaker may mislead if he violates a maxim. additionally, grice stressed that a conversation with people who is uncooperative would be unproductive since they will not add anything relevant to the topic. according to him, there are situations in which interlocutors deviate from the conversational maxims. they deliberately violate the maxim in order to convey more information or infer meaning. any maxim that is violated leads to conversational implicatures, and it is up to the listener to deduce the additional meaning that is suggested. using grice’s four conversational maxims, this research will examine how particular legislators’ statements breached the cooperative principle, leading to ambiguity, new ideas and gaps in the discourse. materials and methods research design this research study utilized the qualitative research method and employed a critical discourse analysis (cda). according to creswell (2018). qualitative research is a method for discovering and comprehending the meaning that individuals or groups assign to a social or human situation. the research process involves emergent questions and processes, data collection in the participant’s environment, inductive data analysis building from specifics to general themes, and the researcher’s interpretations of the data’s significance. this type of inquiry is supported by those who value an inductive method of inquiry, an emphasis on personal meaning, and the significance of reporting situational complexity. on the other hand, critical discourse analysis (cda) is an interdisciplinary qualitative method used for examining spoken or written language in connection to social and actual contexts (dewan, 2023). cda is an effective analytical method for comprehending the phenomena of crime and criminal justice systems. its most essential element is the investigation of text and speech structures, as well as their interactions with public and social situations (cruz, 2013). it analyzes language as a tool for social behavior, power abuse, domination, inequality, and many other issues that are played out and repeated in texts and conversations. it also critically examines, interprets, and explains language discourses. with cda, this study identified the violations committed by the speakers in the senate hearings in the area of cooperative principle of grice. after determining the violations, the researcher then examined how these violations imply meaning and/ or mislead the conversation. this also revealed language crimes that were potentially committed by the speakers during the senate hearings. in this research, cda is the suitable design because the study aimed to identify the violations committed by the speakers in the premise of cooperative principle of grice, the implicatures of the violations committed during the senate investigations and hearing and the language crimes are committed during senate hearings and investigations. data source the research corpora were sourced from the senate hearings and investigations made by politicians, witnesses and other interlocutors. specifically, the discourses analyzed pertain to the current topic of people’s initiative as a means to amend the philippine constitution. these speeches were sourced from official you-tube and social media channels affiliated with the country’s prominent pa ge 3 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 media outlets. adhering to these criteria enabled the researchers to gather authentic and substantial speeches for rigorous analysis. the researchers applied the purposive sampling method in gathering the videos of senate hearings regarding people’s initiative since data sources were selected according to pre-selected criteria relevant to the topic being investigated. with a specific purpose, two existing videos on senate investigation on people’s initiative with four hours and more length were chosen. these videos were readily available on the internet. analsysis since the study used critical discourse analysis, the selected videos were analyzed thoroughly. the corpora were listened to several times with adequate comprehension to offer critically comprehensive criticism and analysis. furthermore, in compliance with analysis framework of colaizzi (1978), the seven-step analysis framework technique were utilized. initially, the researchers closely examined the speech transcript to become acquainted with it. secondly, the researchers recognized the significant claims associated with the research questions. third, in order to prevent misreading the corpus, they employed bracketing to make use of the elements of each theoretical framework. fourth, they assigned an initial code to the identified speeches, which allowed them to group the themes. fifth, they described the speakers’ responses and based on the research question. sixth, in order to contextualize the study’s emphasis, they developed a simple explanation for every code. finally, a corpus check was conducted to provide ultimate confirmation of the initial results and final outcome. results and discussions violations committed by the speakers in the premise of cooperative principle of grice this part presents the analysis and interpretations of the data based on the posed research questions. it includes the violations of the maxims, and the implicatures of the violations committed during the senate investigations and hearing. figure 1 shows that the frequency of violations of the four maxims based on the corpora used are as follows: 23% on the maxim of quality, 23% on the maxim of quantity, 34% on the maxim of relevance, and 20% on the maxim of way. moreover, sample transcripts of violations falling under each of the maxims are explained below. the implicatures of the violations committed during the senate investigations and hearing this part discussed the implicatures of the violations committed during the senate investigations and hearing. the concept of implicature is that it explains what could be understood, implied, or intended by speakers that differ from what is actually spoken by them (ramdan, 2020). an indirect or implicit statement that conveys a different meaning than intended is an implicature (shardimgaliev, 2019). violating maxim of quality according to grice (1975), speakers should contribute only truthful information in a conversation under the maxim of quality. the speakers must give accurate and factual information connected to reality and facts. the information to be presented by the speakers must be supported by concrete proof. it is forbidden for speakers to state anything in this maxim that they feel is incorrect. this implies that it is seen as a non-observant of the maxim when they provide information that lacks evidence or a doubtful information (yulianti, 2022). “sen. imee: i received this photo and i believe it was one of the meetings that you alleged mr. oñate. can you identify the people in the photograph? we’re trying to enlarge the picture to share it with everyone in the room. people’s initiative for charter change staff meeting, january 08. can you tell us who are in the picture, mr. oñate please? mr. oñate: that was the time that i coordinated with the speaker sen. imee: you said you never met the speaker nor mr. zaldy co, you’re under oath, sir. mr. oñate: yes, that was the time that i met with the speaker to” in this conversation, mr. oñate’s response violates the maxim of quality by providing misleading or untruthful figure 1: frequency of violations of maxims during the senate hearings on people’s initiative pa ge 4 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 information. mr. oñate attempts to imply that his previous statement about not meeting the speaker was inaccurate or incomplete. by introducing the idea of meeting with the speaker to discuss logistics, he suggests that while he may not have formally met the speaker in the context originally described, there was indeed a meeting involving the speaker for a different purpose. this implicature could be an attempt to reconcile his conflicting statements or to downplay the significance of the meeting in question. however, it still skirts the truthfulness required by the maxim of quality. ramdan (2020) asserted that a speaker may be trying to mislead the listener if they fail to observe or violate the maxim. he further stressed that these kinds of violation are frequently observed in court, at parties, or during contentious discussions. sen. imee: kasasabi mo lang na hindi naman kayo nagkita eh sabi mo sina congressman garbin lang [you just said that you two haven’t even met, that you only met congressman garbin] mr. oñate: yeah, because it slipped my mind. it slipped my mind, madam senator in this follow up interrogation, the conversation revealed another instance where the maxim of quality is violated through the provision of misleading or untruthful information. in the exchange between sen. imee and mr. oñate, mr. oñate initially fails to name the individuals in a photograph as asked by the senator, claiming it slipped his mind that he had previously met with the speaker. this attempt to attribute forgetfulness to his prior statement suggests an evasion of accountability and a lack of commitment to truthfulness (awwad et. al, 2019; christoffersen, 2005; obenza et al., 2024). by providing inconsistent information about his interactions with the speaker, mr. oñate undermines the reliability of his testimony and violates the principle of honesty in communication. imee: so, you work closely with mr. red tuazon and perhaps hired him in the past, is that correct? oñate: yes. we talk every now and then imee: i’m very confused mr. oñate during the last hearing in january 30 when i read out his name you said very clearly that you did not know atty. red tuazon. now, he is not only your employee but a close collaborator and organizer of pirma. can you please confirm or deny. oñate: yes, because at the time, we were in the process of getting people to help us in the field mr. oñate’s admission of previously not knowing atty. red tuazon, followed by acknowledging him as a close collaborator and organizer of pirma, suggests inconsistency and raises doubts about the truthfulness of his statements. this implicature implies that mr. oñate may have provided misleading or incomplete information during the previous hearing, violating the maxim of quality by failing to provide truthful and accurate responses. although, it can be observed that the response stirs the accuracy of the details given to the question asked, poggi (2020) simplified her understanding to grice’s intention to implicate which stated that the meaning of what someone says is what they intend to convey. so, if a speaker says something (x) but does not intend for the listener to understand a specific meaning (s), then the speaker did not mean s, and s is not the message conveyed by x. we may be acknowledging the point, it is still evident that the responses of mr. oñate regarding the organizational structure of pirma and his relationship with atty. red tuazon demonstrate inconsistencies and evasive tactics. initially denying knowledge of atty. tuazon, mr. oñate later acknowledges their close collaboration, raising doubts about the credibility of his testimony. by providing conflicting information and shifting narratives, mr. oñate undermines the trustworthiness of his statements and violates the maxim of quality by failing to uphold principles of truthfulness and accuracy in communication. overall, the conversation highlights the importance of maintaining honesty and transparency in a dialogue, and the detrimental effects of violating the maxim of quality on trust and credibility in communicative interactions. imee: yes, but does mr. oñate know atty tuazon or he doesn’t know atty tuazon, so i need to understand. i mean january 30, he never heard of him and today he is a close associate. oñate: yea. he was introduced to me about a week and a half ago imee: and you organize pirma nationwide to undertake an entire people’s initiative in the past week and a half. is that correct? oñate:yes imee: we are all dumbfounded. bato: samantalang tumatakbo na itong pi disyembre pa lang nag break na tayo. ibig sabihin na una munang tumakbo bago nabuo yong magpapatakbo. nauna ang karwahe nahuli yung kabayo. [while this pi operates since december when we had a break. meaning, it operated first before the creation of the operators. the carriage runs first before the horse itself.] mr. oñate’s claim of being introduced to atty. tuazon only a week and a half ago, followed by confirming their close association and immediate involvement in organizing pirma’s nationwide initiatives, suggests inconsistency and raises doubts about the credibility of his statements. this implicature implies that mr. oñate may have provided misleading or incomplete information during the previous hearing, violating the maxim of quality by failing to provide truthful and accurate responses. based on grice’s concept on maxims, poggi (2020) asserted that the speaker’s intentions determine what is said. hence, in this context, it can be observed that mr. oñate may have intended to confuse or mislead an idea. additionally, senator bato’s metaphorical statement about the sequence of events (“nauna ang karwahe nahuli yung kabayo”) underscores the perceived illogicality or incongruity of the situation, further emphasizing the implicature of inconsistency in mr. oñate’s statements. violating maxim of quantity the rule under maxim of quantity is that speakers should make the contribution to a discourse as informative as possible (grice, 1975). apparently, there the conversations during the senate hearing on the matter of people’s initiative that showcased numerous instances where the pa ge 5 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 maxim of quantity, as proposed by paul grice, is violated through insufficient or excessive information exchange. imee: pwede ninyong sagutin, bat kayo nakamaskara? bat kayo nagkukubli? anong kinatatakutan ninyo, babalikan kayo? [can you answer why you are wearing a mask? why are hiding? what are you afraid of ? that someone may come back at you? witness: pwede po. [that is possible] senator imee’s question implies that she seeks specific information about why the witness is wearing a mask and hiding their identity. however, the witness’s response, “pwede po,” while complying with the request to answer, lacks the level of detail expected to address imee’s concerns adequately. the implicature here is that the witness’s response does not fulfill the quantity requirement and is expected by the interlocutor. it suggests that the witness either chooses not to disclose the full extent of their reasons for wearing a mask or is deliberately providing minimal information, raising suspicions about their intentions or the significance of their actions. sen. imee: sina congressman zaldy co, kasama? at si speaker romualdez? mr. oñate: salde co, no i didn’t talk to salde. this conversation showed another violation on the maxim of quantity by responding only to the inquiry about congressman zaldy co and omitting any mention of speaker romualdez, mr. oñate avoids directly answering sen. imee’s question. this evasion tactic can be seen as an attempt to sidestep potentially sensitive or incriminating information. consequently, it obstructs the flow of the conversation and hinders the attainment of clarity and transparency regarding the involvement of speaker romualdez. this is consistent with similar research by mentari (2018), who asserted that obama violated the maxim of quantity by declining to respond to a question because he was being extremely cautious to avoid providing an incorrect response that would implicate a concept. imee: so atty red tuazon was hired when? you did not know him in january 30 is that correct? oñate: yes, that’s correct. i got to know him two weeks ago oñate’s response only addresses the timeframe of when he got to know atty red tuazon, stating that it was “two weeks ago.” however, he evades directly answering imee’s question about when atty tuazon was hired. by omitting this crucial detail, oñate may be attempting to conceal information about the timeline of atty tuazon’s employment, which could have implications for the credibility or legality of their collaboration. this selective response undermines transparency and impedes the pursuit of a comprehensive understanding of the situation. imee: yes usec dimaporo, did you request for this project? was it in the nap, was it not? usec. dimaporo: no. additionally, in the interaction between sen. imee and usec. dimaporo regarding the akap program showed a violation on the maxim of quantity. by only answering the last question posed by sen. imee (“was it in the nap, was it not?”) and neglecting to respond to the first part (“did you request for this project?”), the dswd representative leaves critical information unaddressed. this selective response could be interpreted as an attempt to avoid providing potentially incriminating or uncomfortable details. as a result, it obstructs the flow of the conversation and impedes the pursuit of comprehensive understanding and transparency regarding the matter at hand. violating maxim of relevance yulianti (2022) stressed that when a speaker tries to divert their speech partner by changing the topic of discussion, it may be seen a violation of the relevance principle. he further added that it usually happens when a speaker feels uneasy about the subject matter being discussed or when they are trying to keep the conversation from going too far in one direction by hiding anything relevant. in the example conversation, several instances arise where the maxim of relevance proposed by paul grice is violated, leading to a lack of focus and coherence in the discourse. one such instance occurs during sen. escudero’s inquiry about the congressmen contacted regarding assistance in obtaining the three percent required for a specific endeavor. sen. escudero: sino po yong mga congressman na kinontact po ninyo na umo-o po sa inyo na tutulungan kayo na makuha yong tatlong porsyento?[ who are the congressmen that you contacted who agreed to help you get] mr. oñate: kaya naman naming naisip na lumapit sa mga congressmen is [the reason we thought of approaching congressmen is…] the violation of the maxim of relevance in this context leads to ambiguity and a lack of clarity in communication. instead of directly answering the senator’s question, mr. oñate’s incomplete response disrupts the flow of the conversation and fails to contribute meaningfully to the discussion. it leaves the listener uncertain about the intended message and requires further clarification to understand the speaker’s intended meaning. by saying “kaya naman naming naisip na lumapit sa mga congressmen is,” mr. oñate leaves the sentence unfinished, failing to provide the necessary information that would address sen. escudero’s inquiry. sen. imee: saan ginanap ang party na ito? para lang malaman naming [where was this party held? just for us to know.] mr. oñate: sa ano po yan, sa townhouse sa forbes. sa forbes park malapit [it was held at, uh, the townhouse in forbes. near forbes park.] sen. imee: kanino nga, kaninong lugar? ipaliwanag. wala naming masama mag tipon-tipon sa bahay ng maski sino. [whose townhouse, whose place? explain. there’s nothing wrong with gathering at anyone’s house.] mr. oñate: ano ho yan, dalawang townhouse [uh, it’s two townhouses.] mr. oñate’s response diverts from the question by discussing the location of a party, which does not directly address sen. escudero’s query. this diversion steers the pa ge 6 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 conversation away from its intended topic, violating the maxim of relevance by introducing irrelevant information. when sen. imee asks where the party took place, mr. oñate initially provides some relevant information by mentioning it was held in a townhouse in forbes park. however, when sen. imee seeks further clarification by asking whose place it was, mr. oñate’s response becomes evasive. instead of directly addressing sen. imee’s question and providing the name or identity of the owner of the townhouse, he responds vaguely by saying “ano ho yan, dalawang townhouse,” which doesn’t directly answer sen. imee’s inquiry. by not addressing sen. imee’s specific inquiry about the ownership of the townhouse, mr. oñate’s response violates the maxim of relevance. it deflects from the topic at hand and fails to contribute meaningfully to the conversation. sen. imee: kanino po? kaninong lugar? inyo? bahay mo? bahay nyo po? mr. oñate: it’s a meeting place. it’s our meeting place. sen. imee is seeking specific information about the ownership or identity of the place where the meeting occurred, asking if it belonged to mr. oñate or someone else. however, mr. oñate’s response does not directly address sen. imee’s questions. instead, he vaguely refers to it as a “meeting place” without confirming or denying ownership or providing further details. ceballos and sosas (2018) also identified this type of response as a violation of the maxim. when a question requires a simple yes or no answer, providing a lengthy statement without directly answering yes or no constitutes a violation. according to grice’s maxims, specifically the maxim of relevance, a speaker is expected to provide information that is pertinent to the conversational context (grice, 1975). by not directly addressing sen. imee’s questions about the ownership of the meeting place, mr. oñate might be intentionally withholding information or avoiding the topic. this suggests an implicature that he either does not wish to disclose the owner or that revealing this information might cause incrimination. oñate: so the reason why they zeroed in it was explained to me. i’m not a lawyer ok. it was explained to me. sen. binay: who explained to you? who explained to you? oñate: jointing votely… voting jointly sen. binay: sir noel, who explained to you? hindi nga, sino hong nagpaliwanag sa inyo?[ sir noel, who explained it to you? no, who explained it to you?] oñate: that the senate and the house will be combined in the constituent assembly and then the senators and the congressmen will no longer be senators and congressmen they will be constituent assemblymen sen binay: sino hong nagturo sa inyo nyan, si atty abad po ba ang nagpaliwanag sa inyo na ganyan?[ who taught you that, was it atty. abad who explained to you like that?] oñate: no. some of the other proponents of people’s initiative. [no. some of the other proponents of people’s initiative.] senator binay is pressing mr. oñate to reveal who specifically explained the details of the proposal to him. despite oñate’s attempt to provide a general explanation, binay insists on knowing the individual or individuals responsible for clarifying the matter to him. mr. oñate’s response does not directly address senator binay’s specific question about who explained the details of the proposal to him. instead of providing a relevant and specific answer, mr. oñate offers a vague response that does not address the central point of senator binay’s inquiry. by failing to provide a direct response that aligns with the context of the conversation, mr. oñate violates the maxim of relevance (awwad et. al, 2019, obenza & baradillo, 2023). this lack of relevance impedes the flow of the conversation and inhibits a clear understanding of the matters under discussion. violating maxim of manner yulianti (2022) discussed that a violation on maxim of manner happens when an inquiry is left unanswered because the speaker provides ambiguous information and verbose response that is immaterial to the topic. the speaker needs to be succinct, organized, and free of ambiguity (hidayati & lukman, 2019). in the example conversations, the maxim of manner proposed by paul grice is frequently violated, leading to confusion and inefficiency in communication. one notable instance occurs during sen. escudero’s questioning of mr. oñate about his involvement the printing of forms: sen. escudero: matanong ko po kayo, so kayo yong nagpaprint nong form na atty abad? yes or no? mr. oñate: no, no, yea, well, sen. escudero: yes or no sir mr. oñate: i didn’t have the hand in the printing of the forms mr. oñate’s response implies that he was not directly involved in the printing of the forms but may have had some indirect involvement or knowledge about it. he initially responds with “no, no, yea, well,” which indicates uncertainty or hesitancy. this lack of clarity makes it difficult for the listener to understand his actual response to the question. the follow up question of senator escudero establishing a yes-no answer indicated that mr. oñate is giving an ambiguous response, hence, violating the maxim of manner. this is in congruent to the claim of awwad et. al (2019) that some people are unable to talk clearly due to anxiety or a deliberate tendency to lie. sen. escudero: mr. oñate when did you meet cong. garbin? oñate: i meet cong. garbin about a month ago sen. escudero: a month ago. so prior to a month ago, you never thought of people’s initiative? because he was the one who was spearheading it according to him. oñate: we launched pirma in 1996 sen. escudero: no no, this particular initiative oñate: we’ve been talking about it in some party, and some gathering sen. escudero: it’s okay to talk about it but in terms of initiating, you only met congressman garbin a month ago. you said. oñate: yeah. about a month ago. yes. sen. escudero: i guess it was only a month ago that you also discussed this current initiative because based on his comment earlier he’s very active in this. in this conversation, oñate’s responses indicate a lack of clarity regarding the timeline and specifics of his pa ge 7 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 involvement in the current initiative, suggesting that his participation may not have been as extensive or longstanding as implied. oñate’s statements about launching pirma in 1996 and discussing the initiative at parties and gatherings create ambiguity about whether these discussions specifically pertain to the current initiative or are more general in nature. this ambiguity leads to confusion about the context of his involvement. ceballos and sosas (2018) further believed that the maxim of manner is violated not only when a statement is overly long, but also when the statement is unclear or not precisely articulated. imee: and he has become your close collaborator since then? oñate: pardon me? imee: but since january 30 when you denied any knowledge or familiarity with atty tuazon, since then you have become a close associate and organizer of this atty tuazon? oñate: yea. we text each other now. imee: so kakilala pa lang kayo oñate: because we are beefing up our ranks imee: nalilito po ako kasi humihingi si sen. binay kanina ng organizational chart which i assume wasn’t made over the last two weeks oñate: yeah. we have atty avisado: madam chair if i may, atty red tuazon is closely working with the group of atty alfredo garbin, that’s the connection your honor unfortunately atty garbin is not around mr. oñate again violated the maxim of manner as shown above. his subsequent responses do not follow a logical sequence or provide a coherent explanation of his relationship with atty tuazon. he mentions texting each other and beefing up their ranks, but these statements do not directly address sen. imee’s question. instead of directly addressing sen. imee’s inquiry, oñate’s responses seem evasive and deflective. he does not offer a clear explanation of how his relationship with atty tuazon evolved since january 30, which raises doubts about the credibility of his statements. sen binay: hind nga, tinatanong ko lang ho kase don sa billing statement sa inyo ng network you need to raise 211m, kung natuloy tong pag place nyo ng ad [no, i’m just asking because in your network’s billing statement, you need to raise 211m, if your ad placement pushed through.] oñate: the 211m was supposed to be an eight-week ad sen binay: ano bang billing sa inyo ng network weekly? ano billing sa inyo ng network, weekly?[ what’s your network billing weekly? what’s your network billing weekly?] avisado: for eight weeks na po yung billing na pinadala sa amin and to answer also your question, yong nilabas po is the first phase, marami po sanang kasunod yan which would address yong messaging, yong communications ng pirma on people’s initiative. [the billing sent to us was for eight weeks, and to also answer your question, what was released is the first phase. there were supposed to be many more following phases which would address the messaging and communications regarding the signature drive on people’s initiative.] in sen. binay’s questioning about the financial aspects of a project, mr. oñate’s responses lack specificity and clarity. when asked about the billing statement from the network, mr. oñate’s response about an eight-week ad and the subsequent explanation from atty avisado further complicates the discussion. avisado’s statement about the billing being for “eight weeks” is ambiguous because it does not specify whether this refers to the total billing amount or the duration of the ad campaign. this ambiguity can lead to confusion and misunderstanding about the financial arrangements between the parties involved. this lack of clarity and specificity violates the maxim of manner by failing to provide clear and concise information, making it difficult for the participants to understand the financial aspects of the project. violation of the maxim of manner typically occurs when speakers respond vaguely to a question or provide a lengthy, drawnout answer instead of a straightforward one. according to ceballos and sosas (2018), there can be an overlap between the maxims of quantity and manner, particularly regarding the length of a response. potential language crimes based on the violations violations of grice’s maxims in this context could imply several potential language crimes or unethical behaviors, such as: obstruction of justice one element of the obstruction of justice is providing false testimony. making misleading claims or denying knowledge of facts before a grand jury might be considered obstructing justice (decker, 2004). by impeding the pursuit of truth and hindering the effectiveness of the committee’s inquiry, individuals may be obstructing the administration of justice. an instance during the senate hearing manifested a potential obstruction of justice. by responding only to the inquiry about congressman zaldy co and omitting any mention of speaker romualdez, mr. oñate avoids directly answering sen. imee’s question. this evasion tactic can be seen as an attempt to sidestep potentially sensitive or incriminating information. consequently, it obstructs the flow of the conversation and hinders the attainment of clarity and transparency regarding the involvement of speaker romualdez. ceballos and sosas (2018) emphasized that the maxim of quantity is violated when someone gives more or less information than is necessary, consequently, mr. onate may have obstructed justice in this instance due to his breach of this principle. according to decker (2004), deliberate attempts to obstruct the investigation or legal process by employing communicative strategies aimed at evading questions, providing misleading information, or withholding relevant details could be considered obstruction of justice. similarly, in conversation between abad and the interlocutors, abad’s response provides sufficient information regarding his role in the organization but fails to directly address the discrepancy highlighted by senator imee regarding mr. oñate’s claim about abad’s involvement with pirma. the potential language crime committed by this violation of the maxim of quantity is pa ge 8 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 obstruction of justice. despite explaining his advisory role within pirma, abad does not directly confirm or deny mr. oñate’s previous statement about his affiliation with the organization. this evasion of directly addressing the contradiction between his statement and mr. oñate’s claim implies a deliberate attempt to avoid providing a clear answer, which undermines transparency and hinders the progress of the conversation. by deflecting the question, abad may be attempting to obfuscate his true level of involvement with pirma or avoid potential consequences associated with conflicting statements. according to mnisi (2009), in modern english law, altering or hiding potential evidence is considered a perversion of the process of justice. likewise, about the ownership or identity of the place where a meeting occurred, asking if it belonged to mr. oñate or someone else, however, mr. oñate’s response does not directly address sen. imee’s questions. instead, he vaguely refers to it as a “meeting place” without confirming or denying ownership or providing further details. when mr. oñate was asked about the ownership or identity of the place where the meeting occurred, mr. oñate avoids providing relevant information that could contribute to the understanding of the situation. mr. oñate’s responses to questions about his interactions with speaker romualdez and other individuals could be considered misleading. initially denying knowledge of these interactions and then later admitting to them could lead to confusion and misdirection of the committee’s investigation. violating grice’s maxims by providing unclear information could be a strategy to mislead or confuse the committee about the actual facts. this could be considered a form of deception aimed at obscuring the truth or diverting attention from pertinent issues. as stressed in the study of ceballos and sosas (2018), maxims are broken for a variety of reasons, including hiding information, shifting the topic, denying and more others. furthermore, hemel and posner (2018) stressed that obstruction cases involve charges of changing, hiding, or destroying subpoenaed documents, as well as encouraging or giving false evidence. perjury perjury involves lying while testifying. a person is guilty of perjury if, contrary to an oath, they knowingly say or subscribe to any substantial fact that they do not believe to be true. this is sometimes referred to as the false statement requirement (tiersma & solan, 2012). while perjury typically involves making false statements under oath, systematic evasion or intentional ambiguity in statements during a formal hearing could also suggest a willingness to bend the truth or not fully disclose information. if these actions are found to be deliberate and aimed at misleading the committee, they could be considered perjury or providing false testimony. typically, a conversation was found to have concerns about potential perjury, particularly regarding mr. oñate’s inconsistent statements about his relationship with atty. red tuazon and his involvement in organizing the pirma initiative. if mr. oñate knowingly provides false or misleading information to the committee about these matters, it could constitute perjury or providing false testimony. in a related case involving perjury, bronston v. united states, where the issue was whether a witness may be found guilty of perjury for providing an oath that was literally truthful but did not address the subject posed and would have been misleading by negative inference, samuel bronston was questioned if he had any bank accounts with swiss banks, he categorically denied having any. as a matter of truth, bronston used to own a sizable personal swiss bank account, was convicted of perjury. while bronston’s response to the second question was accurate in its literal sense, the prosecution seemed to persuade the jury that he had never held a personal swiss bank account. the supreme court acknowledged that bronston’s response may lead one to believe that he had never had a personal account in switzerland. however, bronston never made this clear. the court clarified that the perjury law only applies to the witness’s explicit statements—not to his implication (tiersma & solan, 2012). fraud according to momeni (2012), fraud is a linguistic crime when a swindler utilizes words to deceive others, regardless of the instruments used. fraud occurs when the following conditions are met: dishonest instruments used to defraud others, victim’s lack of information about the tools, and loss of possession a victim (shambayati, 1375/1998). in the context of discussing organizational statuses, misrepresentations about the legal standing or actions of entities like pirma could potentially be linked to fraudulent activities, especially if these misrepresentations are made to secure benefits or avoid penalties. a conversation about the involvement of individuals in the pirma initiative and their connections to certain lawmakers. if individuals like atty. abad are found to have misrepresented their involvement or affiliations with pirma, particularly if it involves securing benefits or avoiding penalties, it could potentially constitute fraudulent behavior. linguistic elements such as subject shift and violation of cooperative principles, particularly maxim of relevance, in the statements of the perpetrator and accused may contribute to the formation of a crime (momeni, 2012). conclusion this paper shed light to the implications of violating grice’s maxims during senate investigations and hearings, focusing on potential language crimes such as obstruction of justice, perjury, and fraud. this study is crucial as it sheds light on how breaches of communication principles can undermine the integrity and effectiveness pa ge 9 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 of legal proceedings, ultimately jeopardizing the pursuit of justice and truth. throughout the analysis, instances of individuals evading questions, providing misleading information, or withholding crucial details emerged, highlighting the pervasiveness of unethical behaviors that hinder transparency and obstruct the administration of justice. it is evident that adherence to grice’s maxims is paramount in ensuring clear, honest, and cooperative communication within legal contexts. furthermore, the analysis of grice’s maxims and their violations in the provided conversations opens avenues for further research in several areas of communication studies. further research could focus on developing interventions and strategies to mitigate maxim violations and promote ethical communication practices. by drawing on insights from psychology, linguistics, and communication theory, researchers can design and implement interventions aimed at raising awareness of grice’s maxims, enhancing communication skills, and fostering ethical communication behaviors. references al-zubeiry, h. y. a. (2020). violation of grice’s maxims and humorous implicatures in the arabic comedy madraset al-mushaghbeen. journal of language and linguistic studies, 16(2), 1043–1057. https://doi. org/10.17263/jlls.759363 awwad, a. s., ayasreh, a. m., ayasrah, n. m., & alsabti, n. (2019). interpretations of the gricean conversational maxims violations. international journal of applied engineering research, 14(22), 4100-4104. research india publications. retrieved from http:// www.ripublication.com birkland, t. a. (2016). an introduction to the policy process: theories, concepts and models of public policy making (4th ed.). new york, ny: routledge. ceballos, c. t., & sosas, r. v. (2018). on court proceedings: a forensic linguistic analysis on maxim violation. journal of nusantara studies, 3(2), 17-31 http://dx.doi.org/10.24200/jonus.vol3iss2pp17-3 christhoffer, d. (2005). the shameless liar guide’s. sourcebooks hysteria coulthard, m., grant, t., & kredens. (2010). encyclopedia of forensic sciences: law forensic linguistics. in b. johnstone, r. wodak, & p. kerswill (eds.), the sage handbook. creswell, j. w., & creswell, j. d. (2018). research design (5th ed.). sage publications. cruz, j. a. f. (2013). critical discourse analysis and criminology: an interdisciplinary approach. politica criminal, 8, 472-499. decker, j. f. (2004). the varying parameters of obstruction of justice in american criminal law. la. l. rev., 65, 49. deimer, d., & feddersen, t. (2000). information and congressional hearings. american journal of political science, 44, 51–65. dewan, m. (2023). critical discourse analysis: a significant tool in literature teaching. politica criminal, 1, 70-78. dewi, r., & la’biran, r. (2023). language crime by students in the communication process on campus. journal of english education and teaching, 7, 928-941. http://doi.org/10.33369/jeet.7.4.928-941 dewi, r., & rukuk, s. (2022). violations of language in learning process at toraja christian university of indonesia. al-ishlah: jurnal pendidikan,14(2). https://doi.org/10.35445/alishlah.v14i2.1111 grice, h. p. (1975). logic and conversation. in p. cole & j. l. morgan (eds.), syntax and semantics (3, speech acts). new york: academic p. hassan, j. (2020). forensic linguistics: a study in criminal speech acts. benisuef university international journal of humanities and social sciences, 2, 39-65. http://doi. org/10.21608/buijhs.2020.91333 hemel, d., & posner, e. (2018). presidential obstruction of justice. 106 california law review, 1277. herwin, h., mahmudah, m., & saleh, s. (2021). analysis of language crimes on social media (forensic linguistics). fon: jurnal pendidikan bahasa dan sastra indonesia, 17(2). https://doi.org/10.25134/fon. v17i2.4431 hidayati, h., & lukman, l. (2019). a conversational analysis of grice’s maxims theories on cooperative principles at undergraduate english students. linguistics and elt journal, 11(5). http://doi. org/10.31764/leltj.v11i1.742 la’biran, r., dewi, r., muthmainnah, m., & hasby, m. (2019). the students’ attitude towards the use of interactive classroom activities in developing the communicative competence of the eleventh grade students of sma kristen barana. pepatudzu: educational and social community media, 14(2). https:// doi.org/10.35329/fkip.v14i2.199 mentari, a. (2018). the maxim violations of barack obama’s utterance in interview with claus kleber about spy intelligence. http://eprints.undip.ac.id/65352/1 obenza, b. n., caloc, l. j. r., & baradillo, d. g. (2024). a political discourse analysis of the philippine politicians’ speech acts on people’s initiative: a forensic linguistics study. european journal of applied linguistics studies, 2(2), 184–201. https://doi. org/10.46827/ejals.v7i2.559 obenza, b. & baradillo, d. (2023). a sentiment analysis on the resumption of icc investigation on the philippine drug war. international journal on orange technologies, 5(11), 16–28. research parks publishing. https://doi.org/10.5281/zenodo.10171328 perna, l. w., orosz, k., & kent, d. c. (2019). the role and contribution of academic researchers in congressional hearings: a critical discourse analysis. american educational research journal, 56(1), 111-145. https://doi.org/10.3102/0002831218788824 poggi, f. (2020). against the conversational model of legal interpretation: on the difference between legislative intent and speaker’s intention. journal for constitutional theory and philosophy of law, 40, 9-26. https://doi. org/10.4000/revus.5694 pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 1-10, 2025 ramdan, a. h. (n.d.). implicature of the utterances at court: a pragmatics study. english journal literacy utama, 2(2), 186-192. https://doi.org/10.33197/ ejlutama.vol4.iss1.2020.390 reisigl, m., & wodak, r. (2017). the discourse-historical approach (dha). in the routledge handbook of critical discourse studies. shambayati, h. (1375/1997). crimes against possession. tehran: vistar publication. shardimgaliev, m. (2019). implicatures in judicial opinions. international journal of semiotics and law, 32(3), 391–415. https://doi.org/10.1007/s1119601809601-4 tiersma, p., & solan, l. (2012). the language of crime. oxford university press. warami, h. (2021). language crimes on social media in the legal area of manokwari: a forensic linguistics study. international journal of forensic, 2(1). pa ge 1 pa ge 67 american journal of society and law ( ajsl) constructing ethnicity and identity of bantawa rai in eastern nepal raju kumar rai1* volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4698 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: march 12, 2025 accepted: april 16, 2025 published: june 13, 2025 ethnicity refers to the state of belonging to a particular ethnic group, generally recognized by both its members and others based on shared social and cultural characteristics. this study examines the processes involved in constructing and reconstructing ethnicity and identity among the bantawa rai in eastern nepal. the theoretical discussion of this study is based on a constructivist approach, which provides a framework for understanding ethnicity as a dynamic and socially constructed phenomenon. the study relies on data collected from both primary and secondary sources. secondary data has been gathered from various published and unpublished books, journals, articles, and research reports. primary data was collected through in-depth interviews, observations, key informant interviews, and focused group discussions with cultural experts, teachers, ethnic activists, and political leaders. informants were selected using a purposive sampling method to ensure relevant insights. the findings confirm that ethnicity is not a fixed entity but a dynamic and evolving process shaped by social and historical conditions. the construction of ethnicity and identity involves weakening of cultural differences and intensification of cultural homogeneity, influenced by geographical isolation, migration across ethnic boundaries, and increasing interactions with external groups. additionally, increased mobility, social contact, and engagement with global forces, along with the decline of pre-capitalist economic structures and transformations in social organization, contribute to the evolving identity of the bantawa rai community. keywords bantawa rai, ethnic group, ethnicity, identity 1 department of sociology, tribhuvan university, nepal * corresponding author’s e-mail: rajurai.cu@gmail.com introduction ethnicity is the state of being ethnic or belonging to a certain ethnic group (kellas, 1998; yang, 2000; green, 2006). an ethnic group is defined as a group of people who are generally recognized by themselves and/or the others as a distinct group, with such recognition based on social or cultural characteristics. drawing on the works of max weber (1968) we shall call ‘ethnic groups’ those human groups that entertain a subjective belief in their common descent because of similarities of physical type or of customs or both, or because of memories of colonization or migration (cornell & hartmann, 2007). like ethnicity, identity or ethnic identity is also a valued and perhaps the most imprecise concept in the contemporary world. the concept of identity refers both to individuals, and collectivities. it is a concept that encompasses how individuals perceive themselves and how they are perceive by others. identity is, however, formed through the process of self-categorization and identification. as discussed by hogg & abrams (1988) identity is “people’s concepts of who they are, of what sort of people they are, and how they relate to others” (stets & burke, 2000). identity is objectively defined as location in a certain world and can be subjectively appropriated only along with that world. ethnic identity belongs to the category of social identities as the person is part of a group that is the group of people who have common language, religion, customs, tradition and history. following barth (1969) ethnic identities are maintained and sustained through delineating ethnic boundaries of one group from the other. he further explains that ethnic groups as largely self-perpetuating, sharing fundamental cultural norms and values, and having communication, interaction and a membership. however, ethnic identity involves a sense of belonging and shared experiences, values and customs with the specific group. ethnicity, as defined by barth (1969), is a product of negotiation—a dynamic social process that is continuously constructed, reconstructed, or chosen based on circumstances (chhetri, 2012; fisher, 2001; wimmer, 2002a, 2008b). it involves the social elaboration of collective identities, wherein individuals perceive themselves as part of a larger group with shared characteristics. ethnicity and ethnic identity are socially and historically defined categories, uniting people through common ancestral, social, cultural, or national experiences. fundamentally, ethnicity encompasses social and psychological phenomena tied to a culturally constructed group identity. it is a collective identity rooted in shared ancestry, heritage, religion, culture, nationality political, language, and territory. as such, identities are not fixed but are formed, reshaped, and mobilized in pursuit of specific social and economic objectives (birhan & christopher, 2024). studies on ethnicity and ethnic identity in nepal emphasize that ethnicity is a socially constructed, reconstructed, and negotiated phenomenon—rendering it a fluid and dynamic concept (mishra, 2012; chhetri, 2012; shneiderman, 2012; levine, 1987; guneratne, 2001; hangen, 2007; fisher, 2001). this fluidity is pa ge 68 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 67-72, 2025 shaped by the creation and maintenance of social and symbolic boundaries that distinguish one ethnic group from another (gray, 2012). as gray (2012) argues, the core socio-logic of ethnicity lies in the formation and preservation of these boundaries. ethnic groups do not emerge solely from inherent cultural differences; instead, specific cultural traits are selectively emphasized and mobilized to define and differentiate ethnic identities. in this context, ethnicity can be understood as a sense of identity that evolves over time, bringing people together through shared characteristics and cultural practices such as language, historical experience, lifestyle, and, in some cases, religion. issues & problems ethnicity and identity are a subject of ongoing debate in contemporary discourse. the understanding of ethnicity and ethnic identity varies, largely due to the subjectivity, multifaceted nature, and fluidity of identification. for some scholars, ethnicity is viewed as a natural phenomenon, tied to an emotional sense of belonging or attachment to a specific group. hence, it is ascribed and seen as fixed concept. conversely, other scholars argue that ethnicity is more flexible, changeable, and malleable. from this standpoint, ethnicity is considered socially and historically constructed, making it fluid and adaptable to changing contexts. although, the instrumentalist school of thought takes a different approach, considering ethnicity as a tool for advancing self-interest. individuals use it as a rational choice to minimize social costs and maximize socio-economic rewards. despite the variety of perspectives on ethnicity, it is evident that ethnicity holds different meanings for different people. each theoretical approach provides a unique lens through which to explore whether ethnicity is fixed or fluid. in nepal, the issue of ethnicity remained largely unrecognized until the 1990s, primarily due to the strong discouragement of ethnic discourse under the panchayat regime (whelpton et al., 2008, as cited in magar, 2016). only after the national census of 1991 was ethnicity officially acknowledged. magar (2016), in her article ethnic movement and ethnic identity construction process in nepal, argues that ethnic movements and the process of ethnic identity construction became more prominent following the political changes of the 1990s. similarly, hangen (2010) notes that the transformation of the state and the rise of identity politics have remained in flux since the 1990s. however, hachhethu (2003) asserts that ethnic activism in nepal can be traced back to the dawn of democracy in 1951. the discussion of ethnicity and identity has gained increasing prominence in nepal, particularly through indigenous nationalities movements. various ethnic organizations have been established to promote ethnic issues, support cultural development, preserve social and cultural identity, and foster a shared sense of belonging within specific ethnic communities. some of the key organizations include: kirat rai yayokkha (established in 1988), kirat yakthung chumlung (since 1989), nepal tamang ghedung (founded in 1956), tharu kalyan karini sabha (tharu welfare society) (since 1949), thakali sewa samiti (since 1982), nepa bhasha manka khalah (since 1979). these organizations have played a vital role in shaping discourses on ethnicity in nepal, although they often present differing perspectives on the conceptual framework, definitions of dominant and minority groups, and interpretations of caste-ethnic relations (hachhethu, 2003). however, while these movements and discussions have highlighted ethnic concerns, they have not extensively examined the processes of constructing and reconstructing ethnicity and ethnic identity in nepal from the disciplinary lens of sociology. this gap underscores the need for further sociological exploration into the dynamic processes that shape ethnic identity in the nepali context. the issues related to the construction and reconstruction of ethnicity and identity among the bantawa rai community of eastern nepal have not been adequately explored in previous studies. in fact, research on ethnicity and identity within the bantawa rai context remains limited. recognizing this gap, this study aims to examine and analyze the processes involved in constructing and reconstructing ethnicity and identity among the bantawa rai in eastern nepal. the theoretical discussion of this study is based on a constructivist approach, which provides a framework for understanding ethnicity as a dynamic and socially constructed phenomenon. in this context, the study seeks to address the following research questions: what is ethnicity, and how is it defined in the context of the bantawa rai? what is the relationship between ethnic identity and social boundaries? is identity ever solely based on territorial or physical boundaries? how is ethnic identity constructed, and what factors and actions contribute to its reconstruction? how does cultural distinctiveness influence boundary formation in the context of identity and ethnicity? how have ethnicity and ethnic identity evolved over time? and in what ways has globalization influenced the formation and transformation of ethnic identity? by addressing these questions, this study aims to contribute to a deeper understanding of the dynamic nature of ethnicity and identity among the bantawa rai and explore how social, historical, and global factors shape their evolving identity. materials and methods this study is based on fieldwork conducted between september and november 2023 in ward no. 2 of hatuwagadhi rural municipality, located in the bhojpur district of eastern nepal. the area was deliberately selected for its relative ethnic homogeneity in terms of caste, language, religion, and cultural practices. the research draws upon both primary and secondary data sources. secondary data were obtained from a range of published and unpublished materials, including books, journals, articles, and research reports. primary data were collected through various tools and techniques, pa ge 69 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 67-72, 2025 including in-depth interviews, observations, key informant interviews, and focus group discussions with cultural experts, teachers, ethnic activists, and political leaders. informants were selected using purposive sampling to ensure the inclusion of knowledgeable and relevant participants. methodologically, the study employed a mixed approach, combining both qualitative and quantitative methods to examine the process of constructing and reconstructing ethnicity and identity among the bantawa rai. despite the study area, i had conducted in-debt interview schedule with bantawa rai professionals residing in lalitpur district to gain additional insights into the dynamics of ethnic identity formation and transformation in urban contexts. results and discussions bantawa rai: history, myth and mundum the bantawa rais are the primary inhabitants of the eastern hilly regions of nepal. traditionally, they are known as mountain dwellers, nature worshipers, animists, and indigenous landowners. according to local myths, the bantawa rai originated from the himalayan range and began to settle in the region, where they embraced nature worship. they possess a unique and distinct sociocultural identity, with specific norms, values, and customs. although the bantawa rais have a mongoloid appearance, they are not of mongolian descent. they stand apart from other ethnic groups due to their own language, religion, art, morals, customs, rituals, and customary laws. the term ‘bantawa’ is derived from two words: ‘bona,’ meaning ‘jungle,’ and ‘tawa,’ meaning ‘guest.’ therefore, the etymological meaning of bantawa is ‘the guest from the jungle’ (rai, 2017; hatuwali, 2017). there is variation in the spelling and pronunciation of the term among both foreign and native speakers. some variations include bontawa, buntawa, bontuwa, bantawa, and bantawa, all of which refer to the same language or clan of the rai people. the bantawa rai possess their own distinctive language, religion, art, morals, traditions, rituals, and folklore. their mother tongue, known as the bantawa language or ‘bantawa yang,’ is a unique aspect of their cultural identity. the bantawa language is partially influenced by the tibeto-burman language family. furthermore, it is subdivided into four major dialects: hatuwali, aamchoke, dilpali, and dhankuteli. religious practices among the bantawa rai are deeply intertwined with their cultural identities. just as the veda of hinduism, the quran of islam, the bible of christianity, the śvētāmbara of jainism, and the tripitaka of buddhism are religious scriptures for their respective followers, mundum serves as the sacred scripture for the bantawa rai, rooted in oral tradition. orality is a key feature of mundum. according to siwahang (2068), ‘mundum is an ancient form of religious scripture, even older than the rigveda of hinduism.’ gaenszle (2002) notes that mundum can be understood as ‘oral tradition,’ ‘ancestral knowledge,’ or more generally, a ‘traditional way of life.’ chemjong (1967) explains that ‘the word mundhum signifies great strength, and the kirati people of eastern nepal consider it a true, holy, and powerful scripture.’ yamphu (2014) further elaborates that mindum is an ancestral knowledge of the past, which guides customs, manners, and rituals in the present. he further argues that mindum is not merely myth or history but rather a voice from the past, a philosophical text, and a social and political narrative. similarly, puma (2017) describes mundum as a traditional religious text that is both verbal and performative, a magical tradition as old as the kirat civilization, based on animism. it serves as a source of inspiration, information, ancestral knowledge, and guidance for daily life. the term ‘mundum’ is derived from two bantawa words: ‘muna’ meaning ‘man’ and ‘dum’ meaning ‘talking.’ etymologically, mundum refers to the act of talking or discussing topics such as origin, civilization, inspiration, information, enlightenment, development, identity, and the changes of human beings in particular. more broadly, it focuses on the guidance of the way of life, morals, customs, and rites of passage. mundum holds great socio-cultural significance within the bantawa rai community. it is primarily based on rhythmic oral tradition, recitation, and performance, with the major means of expression being singing, chanting, and reciting. mundum recitation and performance are carried out by actants or shamans—such as mangtangpa, dowa, and nakchhong. these shamans are not only ritual experts and knowledgeable elders but also the key religious practitioners and performers of mundum. they serve as the main sources and authorities of mundum rites, rituals, and customs. in the bantawa rai community, these shamans play a vital role in religious practices. they act as intermediaries between humans and the spirit world, conducting rituals, healing ceremonies, and divination based on the teachings of mundum. as such, mundum is an integral part of the social, cultural, and religious practices of the bantawa rai community. in fact, mundum can be seen as a combination of rhythmic oral tradition, narratives, and ritual performance, encompassing legends, folktales, prehistoric accounts, morals, and philosophical teachings, all expressed in the poetic language of the bantawa rai community. it holds significant religio-historical value and socio-cultural importance within the community. the content of mundum primarily consists of mythical stories, including mythologies and accounts of the genesis of the universe and living beings. these stories are narrated and recited in oral poetic language during the ritual practices of the bantawa rai. mundum is pronounced using various terms in different languages and dialects, including mundum, mutdum, mitdum, mundhum, mukdum, mindum, mugdum, muntum, muddum, dumla, diumlaa, pellam, tamra, mukdhum, mugdhum, palakhe, risiya, ridum, and khyaltamra. pa ge 70 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 67-72, 2025 social construction of ethnicity and identity ethnicity and identity are dynamic and fluid concepts that are socially and historically constructed. they are not fixed or inherent characteristics but are shaped by a range of social, cultural, political, and historical factors. the social construction of ethnicity refers to the ways in which societies categorize and define groups of people based on perceived similarities in language, culture, religion, and other shared traits. these categorizations are not natural or biological; they are created and reinforced through societal processes such as laws, policies, cultural norms, and everyday interactions. similarly, identity is constructed through social relationships and cultural practices. it is influenced by how individuals perceive themselves and how they are perceived by others, often shaped by factors such as ethnicity, gender, class, and nationality. as individuals engage with different social and historical contexts, their identities can evolve and shift over time. the process of constructing and reconstructing ethnicity and identity is fluid and ongoing. as societies change, so do the meanings attach to ethnic groups and personal identities. for example, migration, globalization, and intergroup contact can lead to the blending of cultures, which in turn can influence how ethnic identities are defined and understood. ultimately, the social construction of ethnicity and identity challenges the notion that these categories are fixed or essential, highlighting that they are subject to change and negotiation based on social contexts and collective experiences. the social construction of ethnicity refers to the process through which the concepts, categories, and boundaries of ethnic groups are shaped and defined by societal factors, rather than being inherent or natural. in other words, ethnicity is not a fixed or objective category; it is a product of social, cultural, and historical influences. society classifies people into distinct ethnic groups based on perceived similarities in culture, language, religion, and other shared characteristics. for some scholars, ethnicity is linked to ancestry and is deeply rooted in a primal bond to one’s ancestral bloodline. in this view, ethnicity is a natural phenomenon grounded in family and kinship ties, which are based on the concept of fixity. however, other scholars argue that ethnicity is not a fixed set of specific, distinguishing attributes or a rigid bloodline, but rather a fluid and potentially malleable set of relationships (mishra, 2012). ethnicity is, therefore, a socially and historically constructed and reconstructed phenomenon. in sum, ethnicity can be viewed through both lenses: as something rooted in ancestry and kinship, or as a socially constructed phenomenon that evolves over time based on changing cultural, social, and historical contexts. mishra (2012) argues that the social world, including ethnicity, ethnic differences, and ‘indigeneity,’ is historically and socially constructed. in the context of nepal, contemporary ethnic and indigenous movements are not entirely new but have emerged as direct responses to past experiences. these movements have gained prominence, particularly with issues related to inclusion, identity, and the existence of ethnic groups. today, ethnic movements are increasingly focused on the culture and identity of these groups. as adam kuper quotes boutros ghali, ‘the indigenous-peoples’ movement was not only about land or hunting rights. it was, even more fundamentally, a concern of culture and identity’ (kuper, 2003). ethnicity is a socially and historically constructed phenomenon that is continually reconstructed. the fluidity of ethnicity largely depends on the structure and restructuring of the state, the market, and the agency of the ethnic group itself. for example, the tamang identity was significantly reconstructed by the state (mishra, 2012). similarly, the identity of dolpokaike-speaking magars was reshaped by the interplay of the state structure, the market, and the agency of the kaike magars themselves (ibid). furthermore, scholars such as stuart hall, etienne balibar, and immanuel wallerstein argue that ethnicity must be seen as a flexible and malleable social construction, drawing its meaning from the specific circumstances of those who invoke it. as smith (1998, citing wallerstein 1987 in green, 2006) notes, ‘ethnicity has no essence or center, no underlying features or common denominator.’ ethnicity is, in fact, a fluid, emergent concept grounded in the changing political and material conditions of life. it must be understood in tandem with these factors, as ethnicity is politically constructed (shneiderman, 2012). it is not determined solely by language, religion, dress, or boundaries (fisher, 2012). for example, sherpas and magars may not have and share the same ethnic identity in different contexts. instead, ethnic groups are socially constructed through the creation and maintenance of boundaries that separate one group from another. indeed, ethnic groups are fluid and deeply connected to a set of social, economic, and political processes. as gray (2012) reminds us, ethnic groups are not static; their existence, meaning, characteristics, and boundaries can evolve over time. according to rai (1985), the present rai communities have undergone shifts in identity throughout nepali history—first identified as ‘khambu’ during king prithvi narayan shah’s reign, then as ‘kirati’ during the rana period, and more recently as kulung, thulung, etc., moving away from the traditional rai identity (rai, 1985; karki, 2010). constructing ethnicity and identity: towards an analytical framework the construction of ethnicity and identity is primarily analyzed through multiple levels and dimensions of social organization. this analytical framework focuses on four key elements such as (a) the weakening and demise of pre-capitalist structures in social, cultural, economic, and political domains at various levels of social organization, (b) increasing geographical isolation and migration across ethnic boundaries, (c) strengthening mobility, contact, and interaction with outsiders or global forces and (d) the dilution and weakening of cultural diversity/ pa ge 71 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 67-72, 2025 differences, leading to the intensification of socio-cultural homogeneity. within this framework, i propose that variables (a) and (b) are closely correlated, where (a) drives (b), and together they influence (c). these three elements are mutually interrelated and ultimately lead to (d). (see details in figure 1.) finally, these four variables are inextricably linked, collectively contributing to the transformation of ethnicity and identity among the bantawa rai in eastern nepal. the weakening and eventual demise of pre-capitalist systems can be understood through the historical transition of multiple levels and dimensions of social organization. drawing on the work of mishra (2012), capitalism and democracy have played a significant role in promoting ethnic fluidity. moreover, the decline of subsistence economies and the dissolution of communal or tribal systems have been key drivers of this process. the majority of informants in this study agree that the transition from a subsistence economy to a more commercial and market-oriented agricultural system, along with the expansion of markets and the exchange of goods and services beyond local boundaries, has been a crucial factor in reshaping the ethnicity and identity of the bantawa rai community. according to mr. shyam kumar rai (54) market-driven production and distribution have replaced feudal and traditional economic systems, leading to increased geographical isolation, mobility, and interaction with ‘outsiders.’ engagement with individuals from diverse ethnic backgrounds, cross-cultural exchanges, and interethnic relationships foster the adaptation and blending of cultural practices, contributing to the construction and reconstruction of new identities among ethnic groups. thus, increasing geographical isolation and migration across ethnic boundaries are key factors in shaping the evolving ethnicity and identity of the bantawa rai. the increasing mobility, contact, and interaction with ‘outsiders’ and global forces have expanded the bantawa rai people’s exposure to diverse knowledge, experiences, languages, morals, and traditional practices. as wallerstein (1984) noted, globalization fosters worldwide interconnectedness in all aspects of contemporary social life, leading to social interdependencies and changes. this process involves the movement of capital, goods, information, and people across borders. for a long time, many bantawa rai youths have served in the indian and british armies. additionally, they have sought employment in countries such as india, malaysia, dubai, qatar, saudi arabia, and korea. the majority of informants believe that such movements and mobility contribute to the dilution of cultural differences and the intensification of cultural homogeneity through acculturation and assimilation. this, in turn, promotes and accelerates changes in the ethnicity and identity of the bantawa rai people. figure 1: elements of identity change in bantawa rai conclusions this study concludes that ethnicity and identity are fluid and socially constructed phenomena. the construction and reconstruction of ethnicity and identity are shaped by social and historical conditions, which include the weakening of cultural differences and the intensification of cultural homogeneity. additionally, factors such as increasing geographical isolation, migration across ethnic boundaries, enhanced mobility, greater contact and interaction with external groups-outsiders, and the influence of global forces play a significant role in reshaping identity. the demise of pre-capitalist structures, along with various levels and dimensions of social organization further contribute to this ongoing process among the bantawa rai in eastern nepal. references barth, f. (1969). ethnic groups and boundaries: the social organization of cultural differences. allen and unwin press. baumann, t. (2004). defining ethnicity. the saa archaeological record. birhan, a. t., & christopher, n. (2024). unraveling the persistence of ethnic conflict in ethiopia: examining causes. american journal of arts & human science, 3(2), 10–18. https://doi.org/10.54536/ajahs.v3i2.2575 cbs. (2013). national population and housing census: caste, ethnicity, and language. npcs, government of nepal. chandra, k. (2006). what is ethnic identity and does it matter? annual review. chemjong, i. (2018). kirat mundhum. kirat yakthum chumlung. pa ge 72 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 67-72, 2025 chhetri, r. b. (2012). some thoughts on the bases for federalization in nepal: ethnicity, natural resources, or …? in c. mishra & o. gurung (eds.), ethnicity and federalisation in nepal (pp. 124–138). central department of sociology and anthropology, nepal. cornell, s., & douglas, h. (2007). ethnicity and race: making identities in a changing world (2nd ed.). sage publications. dewan, m. s. (2025). exploring identity and selfhood in a number a number: a freytagian analysis. american journal of arts & human science, 4(2), 164– 172. https://doi.org/10.54536/ajahs.v4i2.4684 fisher, w. f. (2001). fluid boundaries: forming and transforming identity in nepal. columbia university press. gaenszle, m. (2000). origins and migrations: kinship, mythology, and ethnic identity among the mewahang rai of east nepal. mandala book point. gray, j. (2012). caste and ethnicity: sociologics and implications for federal states of nepal. in c. mishra & o. gurung (eds.), ethnicity and federalisation in nepal (pp. 124–138). central department of sociology and anthropology. green, i. d. (2006). redefining ethnicity. development studies institute. guneratne, a. (2002). many tongues, one people: the making of tharu identity in nepal. cornell university press. hachhethu, k. (2003). democracy and nationalism: interface between state and ethnicity in nepal. contributions to nepalese studies, 30(2), 217–252. hangen, s. (2007). creating a new nepal: the ethnic dimension. east-west center. hangen, s. (2010). the rise of ethnic politics in nepal: democracy in the margins. routledge. isajiw, w. w. (1993). definition and dimensions of ethnicity: a theoretical framework. in challenges of measuring an ethnic world: science, politics, and reality (pp. 407–427). u.s. government printing office. jones, s. (1997). the archaeology of ethnicity: constructing identities in the past and present. routledge. karki, m. (2010). social movements and identity politics in nepal. cnas. kellas, j. g. (1998). the politics of nationalism and ethnicity. macmillan press. kuper, a. (2003). the return of the native. current anthropology, 44(3). levine, n. e. (1987). caste, state, and ethnic boundaries. journal of asian studies, 46(1), 71–88. magar, s. t. (2016). ethnic movement and ethnic identity construction process in nepal. in b. pokhrel, j. rai, & m. s. lama (eds.), nepali anthropology: new directions and contributions (pp. 347–370). central department of anthropology. mishra, c. (2012). ethnic upsurge in nepal: implications for federalization. in c. mishra & o. gurung (eds.), ethnicity and federalization in nepal (pp. 58–90). central department of sociology and anthropology. newman, w. l. (2006). social research methods: qualitative and quantitative approaches. pearson education. puma, p. (2017). parusewa mundum: parichaya, path ra bisleshan. aadibasi janajati rastriya utthan pratisthan. rai, c. k. (2008). some cultures of kirat rai (nepali). bantawa research foundation. rai, r. k. (2015). ethnicity and identity politics in nepal. research journal in sociology, 1(1), 34–52. centre for academic research services. rai, r. k. (2017). continuity and change of sangchep among the bantawa rai in eastern nepal. in y. r. luintel & t. r. pandey (eds.), sociology of nepal: social structure and transformation (pp. 108–121). central department of sociology. sets, j. e., & burk, p. j. (2000). identity theory and social identity theory. american sociological review, 63(3), 224– 237. http://www.jstor.org/stable/2695870 shiwahang, j. (2068). kirat mundhumbhitrako bigyan. bantawa anusandhan pratisthan. shneideman, s. (2012). restructuring the state, restructuring ethnicity: situating nepal in contemporary social scientific debates. in c. mishra & o. gurung (eds.), ethnicity and federalization in nepal (pp. 224–237). central department of sociology and anthropology. shneideman, s. (2015). ritual of ethnicity: thangmi identities between nepal and india. university of pennsylvania press. smith, j. (2018). resisting identity. in the american short story cycle (pp. 113–140). edinburgh university press. wallerstein, i. (1999). the heritage of sociology, the promise of social science. in the end of the world as we know it: social science for the twenty-first century. university of minnesota press. wimmer, a. (2008). the making and unmaking of ethnic boundaries: a multilevel process theory. american journal of sociology, 113(4), 970–1022. yamphu, h. (2014). mindum: account of yamphu origin and indigeneity (mphil thesis). central department of sociology and anthropology, tribhuvan university. pa ge 1 pa ge 34 american journal of society and law (ajsl) implementation of independent study tasks for civil servants (pns) within the south sumatra provincial government based on governor regulation number 19 of 2023 hanny syafitri1*, sri suatmiati1, erli salia1 volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4537 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: february 20, 2025 accepted: march 26, 2025 published: april 25, 2025 this study aims to analyze the implementation of independent study assignments for civil servants (pns) in the south sumatra provincial government under governor regulation number 19 of 2023. the main focus of this research is to explore the mechanisms and obstacles faced by civil servants in carrying out independent study assignments, as well as evaluating related policies. independent study assignments are intended for civil servants who want to continue formal education at their own expense and are carried out outside of official working hours. although this policy aims to improve the competence of civil servants, several obstacles arise, such as the minimum age limit for applying for education which is considered unfair for young civil servants who are eager to continue their education, the lack of socialization about the application procedure, and geographical factors that hinder access to education. this research uses qualitative methods with interviews and documentation studies to collect relevant data. the results show that this policy has the potential to hinder the development of civil servants competencies, especially for those who are younger and highly motivated. therefore, it is recommended to evaluate and revise this policy to provide more equitable opportunities for all civil servants to improve their competencies. keywords civil servants, government, learning tasks, regulation, south sumatra 1 university of muhammadiyah palembang, south sumatera, indonesia * corresponding author’s e-mail: hannyfasilitasi@gmail.com introduction management of civil servants (pns) includes various aspects such as needs, procurement, rank, position, career development, promotion, transfer, performance appraisal, payroll, allowances, awards, discipline, dismissal, and pension and old age security, (government regulation no.11, 2017). law no. 20 of 2023 underlines the need for the state civil apparatus (asn) to have a digital mindset in facing technological challenges, bureaucratic transformation, and the demands of public services. article 4 letter h of pp no. 94 of 2021 regulates the obligation of civil servants to provide competency development opportunities to subordinates, including attending meetings, seminars, training, and further education. formal competency development is regulated in menpan-rb circular letter no. 28 of 2021, which includes provisions on civil servants’ study assignments, from requirements, funding, to monitoring and evaluation. menpan-rb circular no. 28 of 2021 regulates the development of civil servants through study assignments to increase competency-based capacity. study assignments can be in the form of study assignments without leaving duty, study assignments at their own expense, or study assignments at government expense that require civil servants to leave their official duties. the purpose of providing learning assignments is to reduce the competency gap of civil servants so that they can fill positions better. this increase in competence is expected to increase the professionalism of asn, as measured by the asn professionalism index, which reflects the level of professionalism of asn nationally, in central and regional agencies, and position groups (asn, 2022). the acting head of bkn, bima haria wibisana, stated that the performance of human resources in the indonesian government is still low, with many asns considered to have poor performance (deadwood). to improve this, training and education, both formal and informal, are needed. civil servants have a strategic role in achieving national goals, which include protecting the nation, advancing welfare, and educating the nation’s life (karunia, 2022). therefore, civil servants must improve their abilities according to their competencies, while organizations also need to encourage the improvement of employee performance to develop their professional abilities. as stated in the preamble of the 1945 constitution, the national goals include protecting the indonesian nation, promoting public welfare, educating its citizens, and establishing a world order based on freedom and social justice (arifin et al., 2024). civil servants play a strategic role in achieving these goals and are required to improve their abilities through formal education, while organizations must also encourage increased employee performance. developing the quality of civil servants is very important to achieve maximum results in government, especially to face the challenges of globalization. one of the efforts to improve quality is through education, which according to law number 20 of 2003, aims to develop the potential of students in various aspects, including intelligence and skills, which also applies to civil servants to improve their performance (tarigan, 2024). based on data on civil servants in the south sumatra provincial government, competency development pa ge 35 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 through independent education is very important, considering that there are still many civil servants who only have high school and diploma education. this development can be carried out through independent formal education in accordance with applicable regulations, to improve the quality of civil servants in facing increasingly complex bureaucratic challenges in the era of globalization and digitalization. the quality of human resources is needed for regional progress, especially among state officials who have an important role in the government system. the government encourages study assignment policies for civil servants to improve their quality, which in turn will result in better services for the community. figure 1: number of civil servants detailed by general education and gender within the government south sumatra province state: october 2024. source: (bkd; sumsel, 2024) the quality of human resources (hr) is very important for the progress of a region, especially in the government system. competent state apparatus are needed to carry out their duties as servants of society and the state. the local government system will run well if the apparatus has adequate capabilities. therefore, civil servants (pns) must be responsible for the tasks they carry out, encouraging the government to implement a study assignment policy to improve the quality of civil servants and maximum service to the community (implementation of the policy on granting study assignments to civil servants within the sabang city government, 2023) .based on this, the south sumatra provincial government issued south sumatra governor regulation number 19 of 2023 concerning guidelines for granting study assignments for civil servants through formal education channels which came into effect from the date of enactment, namely november 2, 2023 (regulation; governor of south sumatra number 19, 2023). figure 2: data on civil servants who proposed approved and rejected independent study assignments in 2023 source: (bkd; sumsel, 2024). pa ge 36 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 figure 3: data on civil servants who proposed approved and rejected independent study assignments in 2024 source: (bkd; sumsel, 2024) based on the data, in 2023 in figure 1, the majority of independent study assignment proposals were accepted, namely 381 proposals, while only 8 were rejected due to study program accreditation issues. however, in 2024, the number of rejected proposals increased significantly to 89, mostly due to ineligible age limit issues. this change in the trend of constraints indicates the need to evaluate the policies and mechanisms for applying for study assignments, including the socialization of clear requirements to prospective participants. this research will examine two main issues, namely: first, how is the implementation of independent study assignments for civil servants in the south sumatra provincial government based on south sumatra governor regulation number 19 of 2023 concerning guidelines for providing study assignments for civil servants through formal education pathways; and second, what are the obstacles or obstacles in the implementation of the regulation. this study aims to analyze the implementation of independent study assignments for civil servants in the south sumatra provincial government based on south sumatra governor regulation number 19 of 2023 and explain the obstacles in its implementation, especially related to age requirements for civil servants who apply for independent study assignments. this research will clarify the implementation of the regulation and identify the obstacles faced in its implementation. materials and methods in this research, the author conducts a direct study in the field in order to obtain concrete and relevant data on the implementation of south sumatra governor regulation number 19 of 2023 and the impact of age restrictions on civil servants on independent study assignments in accordance with these regulations with the following methods: data type and source the data sources used in this research are secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials, namely: primary legal materials primary legal materials are legal materials that are authoritative, meaning they have authority. primary legal materials consist of laws and regulations that are sorted based on hierarchy such as laws and regulations related to this research, namely presidential regulation number 12 of 61 concerning civil servant study assignments, circular letter of the minister of administrative reform and bureaucratic reform of the republic of indonesia number 28 of 2021 concerning competency development for civil servants through the education path, and south sumatra governor regulation number 19 of 2023 concerning guidelines for providing learning assignments for civil servants through the formal education path. secondary legal materials secondary legal materials are legal materials consisting of textbooks written by influential jurists, legal journals, legal cases, jurisprudence, and the results of recent symposia related to the research topic in this research, secondary legal materials used are in the form of relevant reference books, the results of scientific papers, and various related papers. tertiary legal materials tertiary legal materials are legal materials that provide instructions or explanations for primary legal materials and secondary legal materials in the form of general dictionaries, language dictionaries, newspapers, articles, the internet. data collection technique primary data in this study was collected through: • interviews, meaning that the author conducts direct questions and to respondents on the policy of providing learning assignments for civil servants at the regional staffing agency of the government of south sumatra pa ge 37 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 province based on indicators in the policy. • documentation, is data in the form of archives both in the form of books and those related to the policy on granting study assignments for civil servants at the regional staffing agency of the south sumatra provincial government. secondary data was collected through: • from the literature and documentation. the literature in question is books related to the issue of study assignment policy for civil servants in the government of south sumatra province. data analysis technique all theoretical data in the form of principles, conceptions and opinions of legal experts, including legal rules and norms, will be analyzed normatively juridically by using descriptive and perspective descriptions, which start from normative qualitative analysis and empirical juridical. results and discussion independent study assignments are a competency development mechanism for civil servants carried out without using government budgets and outside official working hours. south sumatra governor regulation no. 19 of 2023 is used as a guideline for civil servants who wish to continue their education through formal channels, either funded by the government or independently. however, this policy does not distinguish the requirements between independent study assignments and study assignments funded by the government or sponsors, so that civil servants who want to continue their studies at their own expense are still limited by the minimum age requirement of 35 (thirty-five) years for strata 1 (s1), at least 40 (forty) years for strata 2 (s2), and at least 45 (forty-five) years for strata 3 (s3). based on interviews with bkd officials in south sumatra province, this policy was made to maintain a balance between human resource development and organizational needs. however, for civil servants who pay for their own education, this age limit is considered unfair because they do not rely on the government budget. the flow of proposals for independent study assignments for civil servants in the south sumatra provincial government is that civil servants submit a personal application first to the head of the regional apparatus where they are assigned, by completing the documents contained in the south sumatra regional personnel agency (bkd) e-service application as shown in figures 4 and 5, namely the decree (sk) of the last rank / legalized photocopy, photocopy of employee performance objectives (skp) for the last 1 (one) year, photocopy of accreditation letter b for the study program, college certificate from the college institution concerned, lecture schedule (does not interfere with official working hours as a civil servant), list of work descriptions, and a statement letter containing independent tuition at personal expense, not demanding promotion and position, and not demanding educational adjustment. civil servants submit a personal application letter to the head of the regional apparatus where they are assigned along with attaching physical documents submitted to the general and personnel sections of the regional apparatus, after which the e-service operator at the regional apparatus will upload all the physical files in the form of pdf files, which will then enter the south sumatra province bkd secretariat. here it will be filtered first by the south sumatra regional personnel agency e-service operator at the south sumatra provincial bkd secretariat, if all the files are complete, south sumatra regional personnel agency e-service operator at south sumatra regional personnel agency secretariat will forward south sumatra regional personnel agency (bkd) e-service account to the head of the civil service information, performance and facilitation of the asn profession, which will then be forwarded to the head of the sub-division of administration and facilitation of the asn profession to be executed and a decree (sk) issued granting permission to carry out independent study assignments for these civil servants. the decree since september 2024 has used an electronic signature. in the appendix of the regulation of the governor of south sumatra number 41 of 2009 concerning delegation of partial authority or granting power of attorney to on behalf of the governor of south sumatra to sign letters and decisions in the field of personnel within the south sumatra provincial government, it is written that those who have the authority to sign the decree on granting independent study assignments for civil servants, which before the circular of the minister of administrative reform and bureaucratic reform number 28 of 2021 was issued, was referred to as a study permit, attached in table 1 (government of south sumatra province, 2019). table 1: delegation of study permit authority in accordance with south sumatra governor regulation no. 41/2009 no. mutation type space class authorized official description 20. study permit iv/b and above regional secretary of south sumatra province study permit iv/a and below head of bkd south sumatra province pa ge 38 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 figure 4: south sumatra regional personnel agency e-service application figure 5: south sumatra regional personnel agency e-service application independent study assignment requirements in connection with the absence of a new regional head regulation related to delegation of authority, the south sumatra governor regulation number 41 of 2009 remains in effect and is guided. a. implementation of independent study tasks for civil servants based on south sumatra governor regulation number 19 of 2023 south sumatra governor regulation number 19 of 2023 regulates the requirements, mechanisms, and rights and obligations of civil servants who wish to continue formal education through an independent study assignment scheme. article 6 of this governor regulation states that: (1) learning assignments can be given for: a. government bidding; or b. application from civil servants. (2) study assignments as referred to in paragraph (1) are determined and given through bkd. article 7 of this governor regulation states the requirements in granting study assignments either with government offers financed by the government or from the application of civil servants referred to as independent study assignments at their own expense, the absolute requirements include: a. have a minimum service period of 1 (one) year since being appointed as a civil servant; b. the lowest age limit for applying for a study assignment is : 1. 40 (forty) years for postgraduate level; and 2. 45 (forty-five) years for doctoral level. c. have a performance appraisal in the last 2 (two) years at the lowest with a good predicate. d. physically and mentally healthy. e. not under any of the following conditions: 1. in the examination of disciplinary offenses and/or criminal offenses; 2. serving imprisonment or confinement and/or moderate or severe disciplinary punishment, or pa ge 39 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 3. undergoing leave outside the state’s responsibility and/or undergoing temporary dismissal as a civil servant. f. never in the following conditions: 1. sentenced to disciplinary punishment of at least moderate level within the last 1 (one) year; 2. sentenced to imprisonment or confinement based on a court decision with permanent legal force within the last 1 (one) year; or 3. cancelled or dismissed from his/her learning duties in accordance with statutory provisions within the last 2 (two) years. g. fulfill other requirements and pass the selection carried out by the originating agency, the donor, and/or the university. h. sign agreements related to the granting of learning assignments. article 9 of this governor regulation states that the procedure for granting study assignments is carried out with the following provisions: a. civil servants submit an application to take part in the selection of the learning task program to the head of the regional apparatus where they are assigned; b. the head of the regional apparatus in charge of forwarding the application to the governor through the head of bkd by attaching: 1. cover letter from the head of the regional apparatus; 2. a letter of request from the person concerned; 3. legalized copy of civil servant decree; 4. legalized copy of the last rank decree; 5. a photocopy of the diploma that has been listed in the last promotion decision and legalized transcripts of grades; 6. legalized copy of the last position decree; 7. photocopy of work performance assessment for the last 2 (two) years that has been legalized; 8. education offer letters or brochures from universities, if the education followed is at the request of the civil servant concerned; and 9. a statement letter willing to bear all educational costs for learning assignments of their own accord. c. the head of bkd conducts administrative selection of submitted applications in accordance with the requirements that must be met and the available budget. d. if the application is submitted: 1. meets the requirements, the head of bkd forwards the application to the governor; or does not meet the requirements, 2. the head of bkd returns the submitted application to the head of the regional apparatus along with explanations/comments. e. if the governor: 2. approve, the regional secretary follows up on the approval by issuing a letter of permission / recommendation to participate in the selection of study assignments; or 3. disapproving, the regional secretary forwards to the head of bkd to be conveyed to the head of the regional apparatus. article 16 of this governor regulation states that the rights of civil servants on study assignments are (1) civil servants who carry out learning tasks are dismissed from structural positions (supervisors / administrators / jpt), are entitled to basic salary, wife / husband / child allowances, rice allowances and position allowances for the first 6 (six) months. (2) civil servants who carry out learning tasks who are not dismissed from their positions are entitled to basic salary, spouse / husband / child allowances, rice allowances and additional employee income. (3) civil servants who have completed their study assignments can propose educational upgrades in accordance with the provisions of the legislation. (4) civil servants who propose an increase in education as referred to in paragraph (3) are not entitled to demand a higher promotion unless there is a formation. in this article 16, civil servants on independent study assignments in accordance with paragraph (2) that they are not dismissed from their positions, so they are entitled to basic salary, wife / husband / child allowances, rice allowances and additional employee income, but the implementation of lectures is carried out outside official working hours as civil servants. article 17 of this governor regulation regulates the obligations of civil servants for study assignments, where this obligation applies to all civil servants who carry out study assignments both with government offers and private requests. the obligations of civil servants on learning duty are as follows (1) civil servants must sign a learning task agreement before carrying out learning tasks. (2) the learning task agreement as referred to in paragraph (1) contains at least : a. subject of the agreement; b. agreement of the parties; and c. the agreed objects include the name of the university, the study program and the accreditation of the study program, the period (period) of the learning task, the rights and obligations of the parties, the consequences or violation of obligations, force majeure, and dispute resolution. (3) civil servants on learning assignments are required to report their educational progress at the end of each semester to the head of bkd. (4) civil servants who have completed their study assignments must report to ppk no later than 15 (fifteen) working days from the end of the study assignment period. (5) civil servants who have completed their study assignments, are required to carry out service bonds for: a. 2 (two) times the period of implementation of the learning task, for civil servants undergoing learning tasks who are dismissed from their positions; b. 1 (one) time implementation of learning assignment, for civil servants undergoing learning assignment who are not dismissed from their positions; c. 1 (one) time the implementation period of the pa ge 40 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 learning task, for civil servants who are on independent cost learning task who are dismissed from their positions. (6) civil servants who are on independent study assignments who are not dismissed from their positions are not required to undergo service bonds. (7) while undergoing service bonds, civil servants are not allowed to submit resignations as civil servants. (8) the service bond as referred to in paragraph (5) can be carried out in other government agencies as long as it meets the requirements regulated by the ppk after obtaining the minister’s approval. (9) the obligation to carry out the service bond as referred to in paragraph (5) ends when: a. the period of service bond has been fulfilled; b. reaching retirement age; or c. dismissed as a civil servant in accordance with the provisions of the laws and regulations. (10) civil servants who have completed their continuous study assignments are required to undergo a service bond as referred to in paragraph (5) cumulatively. (11) civil servants who do not fulfill the obligation to carry out the service bond as referred to in paragraph (5), are obliged to return the costs incurred by the regional government during the study assignment period to the regional treasury in accordance with the provisions of laws and regulations. (12) the format of the agreement as referred to in paragraph (2) is listed in the appendix which is an inseparable part of this governor regulation. article 18 of this governor regulation states that study assignment financing includes: (1) funding for learning assignments can be sourced from: a. regional income and expenditure budget; b. self-funding; and/or c. other legal and non-binding sources in accordance with the provisions of the laws and regulations. (2) the provincial government can provide cost assistance for components that are not funded for civil servants on study assignments that are funded by cost sharing according to the agreement. based on the results of interviews with the head of personnel information, performance, and facilitation of professional institutions of bkd south sumatra province, the implementation of independent study assignments has the following provisions: 1. civil servants must fulfill administrative requirements, such as a minimum service period of 1 year as a civil servant and get recommendations from direct superiors. 2. the study program taken must be relevant to the needs of the organization and in accordance with bkd recommendations. 3. civil servants must still obtain permission from the personnel supervisory officer (ppk), even though the education costs are borne by themselves. 4. the age limit is at least 35 years old for s1, at least 40 years old for s2, and at least 45 years old for s3, this applies to all forms of learning tasks, including independent learning tasks. b. constraints in the implementation of independent study tasks regulatory constraints in an interview with the apparatus resources analyst at the bkd of south sumatra province, it was explained that one of the main obstacles is the lack of clarity in the difference in rules between independent study assignments and government-funded study assignments. one of the civil servants interviewed, mr. a, a civil servant at the south sumatra bina marga public works office whose proposed study assignment in 2024 was rejected by the system, said: “i am currently doing my master’s degree at a private university in palembang, but the study program i am taking has a b accreditation, but my proposal was rejected with n the note that my age has not reached 40 years. i feel this policy is unfair to civil servants who want to improve their competence at their own expense”. civil servants from the south sumatra provincial health office who also expressed their disappointment regarding the age-limiting governor’s regulation said: “i wanted to take an independent study assignment to continue my undergraduate studies in nursing. however, because i am only 29 years old, my application was rejected. in fact, i did not use government funds and continued to carry out work obligations outside of class hours. i feel this policy is unfair to civil servants who want to improve their competence at their own expense.” in addition, based on the results of interviews with civil servants who apply for independent study assignments, there are several major obstacles in the implementation of this regulation: restriction many civil servants under 40 and 45 years old feel disadvantaged because while they have the motivation and academic capacity, they are hampered by this provision. 2. from the interviews, it was found that 4 out of 10 civil servants who applied for learning assignments were rejected due to age. lack of policy socialization there are still many civil servants who do not understand the procedures and requirements for independent study assignments due to the lack of socialization from bkd. from the results of the interviews, some civil servants stated that they only found out about this regulation after getting information from their staff through the bkd service account at the regional apparatus that the proposal concerned was rejected. transparency in the approval process the civil servants interviewed revealed that the rejection was only obtained after they first asked the staff at the regional apparatus, or when they directly asked the bkd of south sumatra province. pa ge 41 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 c. comparative analysis of south sumatra governor regulation no. 19 of 2023 with menpan rb circular letter no. 28 of 2021 differences in age limit provisions south sumatra governor regulation number 19 of 2023 stipulates that independent study assignments for civil servants can only be submitted if the employee is at least 35 years old for s1 level, at least 40 years old for s2 level, and at least 45 years old for s3. this provision is very strict and limits the opportunity for young asns to improve their competence through formal education. meanwhile, menpan-rb circular letter no. 28 of 2021 does not apply a rigid age limit, but uses a flexible approach, which considers twice the normative time of the study program before the retirement age limit. in other words, civil servants who wish to take up study assignments still have the opportunity as long as their study period does not exceed the remaining working period that allows them to return to service after completing their education. differences in funding and types of study assignments south sumatra governor regulation number 19 of 2023 does not clearly distinguish between governmentfunded study assignments and independent study assignments. this means that civil servants who want to pursue education at their own expense still have to meet strict requirements, including age limits and procedures. this can be an obstacle for employees who want to develop their competence without a burdening the government budget. on the other hand, circular letter of the minister of administrative reform and rb number 28 of 2021 provides more inclusive guidance by distinguishing between government-funded and selffunded study assignments. thus, asns who self-fund their education are still given the space to continue their studies without having to be bound by overly restrictive rules. impact on asn competency development the policy in south sumatra governor regulation no. 19 of 2023 has the potential to hinder the development of asn competencies, especially for those who are at a productive age and want to continue their studies to improve their work capacity. the minimum age restriction of 35 years for s1 education level, minimum 40 years for s2 education level, and minimum 45 years for s3 education level deprives younger civil servants of the opportunity to develop themselves early, even though in many cases, they still have the energy and time to pursue education while still carrying out their duties. meanwhile, circular letter of the minister of administrative reform and rb number 28 of 2021 adapts the policy more to the needs of asn and organizations, so that competency development can be carried out more dynamically and is not hampered by overly strict regulations. alignment with national regulations south sumatra governor regulation number 19 of 2023 shows a significant difference with the national policy stipulated in the circular letter of the minister of administrative reform and rb number 28 of 2021. stricter policies at the regional level can create injustice for civil servants within the south sumatra provincial government compared to civil servants in other regions that apply more flexible national rules. therefore, alignment is needed so that regional policies do not conflict with central policies, especially in aspects of age limits, accreditation of study programs, and flexibility of independent study assignments. d. analysis of authority in the determination of independent study assignments in the government of south sumatra province in administrative law, authority is the basis for the government to take action and issue policies. south sumatra governor regulation number 19 of 2023 which regulates independent study assignments for civil servants is a manifestation of the governor’s authority as the head of the region in personnel management. however, further analysis is needed to assess whether this policy has been implemented in accordance with the principles of administrative law. authority theory attributive authority is the authority given directly by legislation to officials or government bodies (hadjon, 2007). in this context, the governor of south sumatra has attributive authority derived from law number 23 of 2014 concerning regional government, which gives the regional head the right to regulate staffing in his territory. south sumatra governor regulation number 19 of 2023 can be said to be legally valid because it is issued based on the authority granted by higher laws and regulations. however, this regulation needs to be tested whether its implementation is in line with national policies such as menpan rb circular letter no. 28 of 2021, which has more flexible provisions regarding the age limit for learning assignments. theory of delegated authority delegation of authority is the delegation of authority from higher officials to subordinate officials in order to effectively carry out tasks (atmosudirdjo, 1981) . in pergub no. 19 of 2023, the governor of south sumatra delegated authority to bkd south sumatra to manage independent study assignments for civil servants, including setting requirements and selecting applications. however, this delegation poses a problem because the minimum age limit of 40 years old is not found in national regulations such as menpan rb circular letter no. 28 of 2021. this could lead to policy gaps and potential inconsistencies with higher regulations. theory of discretion discretion is the authority given to officials to make decisions in situations that are not fully regulated by pa ge 42 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 law (friedrich carl von savigny, 1995) . in this case, the governor of south sumatra uses discretion in setting a minimum age limit of 35 years for s1, at least 40 years for s2, and at least 45 years for s3 for civil servants who apply for independent study assignments. although discretion is necessary in government, this age limit is considered too strict compared to the menpan rb circular letter no. 28 of 2021, which only regulates that the maximum age is twice the normative education time before the retirement limit. therefore, the discretion applied needs to be evaluated so that it does not conflict with the principles of proportionality and fairness for civil servants. authority theory authority in bureaucracy must be used in accordance with the main function of the organization, which is to improve the efficiency and effectiveness of services (weber, 1964) . south sumatra governor regulation no. 19 year 2023 should aim to improve the competence of civil servants to optimize public services. however, strict age restrictions can actually hinder civil servants who want to develop themselves through higher education. in the perspective of weber’s theory, this policy needs to be reviewed so that it remains in accordance with the main objective of bureaucracy, which is to improve the quality of human resources in government. theory of the principle of legality emphasizes that every government action must have a legal basis and must not conflict with higher laws in (dicey, 1959). when compared to menpan rb circular letter no. 28 of 2021, south sumatra governor regulation no. 19 of 2023 appears to be more stringent in terms of age requirements and study program accreditation. this creates a potential legal conflict because national regulations provide greater flexibility. therefore, from the perspective of legality, this governor regulation needs to be further reviewed so that it does not contradict the principle of hierarchy of laws and regulations in indonesia. e. analysis of justice in the determination of independent study assignments in the government of south sumatra province the implementation of independent study assignments based on south sumatra governor regulation number 19 of 2023 can be analyzed through a justice theory approach. justice in the context of public policy, especially in the management of civil servant resources, must ensure that every individual has an equal opportunity to develop their competence. some theories of justice that are relevant in analyzing this policy include distributive justice (aristotle), procedural justice (john rawls), retributive justice (david miller), comparative justice (john finnis), and substantive justice (amartya sen). justice theory distributive justice is justice that is oriented towards the distribution of rights and obligations in accordance with the capacity and contribution of individuals in society (aristotle, 1925). in the context of south sumatra governor regulation number 19 of 2023, this policy sets a minimum age limit of 35 years for undergraduate level, 40 years for master level, and 45 years for doctoral level for civil servants who apply for independent study assignments. if examined based on distributive justice, this policy is potentially unfair because it limits the opportunity for younger civil servants to improve their competence, even though they have met the academic requirements and have a need to improve their skills. in contrast, menpan rb circular letter no. 28 of 2021 provides more freedom by only requiring that the maximum age of civil servants applying for study assignments is twice the normative education time before the retirement age limit. this regulation is more distributively fair because it considers the age diversity and needs of civil servants. therefore, a more flexible policy on independent study assignments can better reflect the principle of distributive justice. procedural justice theory procedural justice is justice that focuses on fair processes and mechanisms in decision making. if analyzed from the perspective of procedural justice in (rawls, 1971), south sumatra governor regulation no. 19 of 2023 has weaknesses in the selection mechanism for independent study assignments, because the age limit of 35 years for s1, 40 years for s2, and 45 years for s3 is not based on the principle of transparency and sufficient public consultation. younger civil servants with high academic ability and motivation are not given the same opportunity because this policy is made with a top-down approach, without taking into account the real needs of individual civil servants. in contrast, regulations such as menpan rb circular letter number 28 of 2021 pay more attention to procedural principles that are more flexible by considering the retirement age limit as the main reference. this shows that regulations at the national level provide a fairer mechanism in making decisions related to asn learning tasks. retributive justice theory retributive justice emphasizes the importance of granting rights and sanctions based on individual performance or contribution (mille, 1999). in the context of learning assignments, asns who have demonstrated good performance, have competence, and meet academic requirements should be given the opportunity to obtain learning assignments, regardless of their age. however, with the strict age limit in south sumatra governor regulation no. 19 of 2023, civil servants who have worked with dedication but have not reached the minimum age limit do not get rights commensurate with pa ge 43 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 their contribution. this policy risks violating the principle of retributive justice, as it does not reward asn based on their achievements and dedication, but rather based on a factor that is not always relevant (age). therefore, a more flexible policy such as menpan rb circular letter number 28 of 2021 better reflects this principle of justice. justice theory comparative justice demands that public policies treat individuals in the same situation equally (finnis, 1980). in the application of south sumatra governor regulation no. 19 of 2023, civil servants who are under 40 years old but have the same abilities, academic achievements, and motivation as older asns are treated differently only because of the age factor. this is contrary to the principle of comparative justice, because someone who has the same eligibility does not get equal treatment in applying for independent study assignments. in contrast, the national regulation of menpan rb circular letter no. 28 of 2021 is more supportive of equality in learning assignment opportunities by considering aspects of competence, not solely age. therefore, revisions to south sumatra governor regulation no. 19 of 2023 need to be made to align with the principle of comparative justice. substantive justice theory substantive justice focuses on creating real opportunities for each individual to develop according to their potential (amartya sen, 2009). in the perspective of substantive justice, the age restriction in south sumatra governor regulation no. 19 of 2023 hinders young civil servants who want to improve their competence through higher education. in contrast, the national regulation of menpan rb circular letter no. 28 of 2021 is more in line with the principle of substantive justice because it provides flexibility in the age limit of study assignments, so that more civil servants can benefit from this program. therefore, to make this policy more substantively fair, south sumatra governor regulation no. 19 of 2023 should be adjusted to the national policy. f. comparison of independent study task policies in other regions some comparisons of independent study assignment policies for civil servants in several provinces in indonesia: 1. north kalimantan governor regulation number 29 of 2020 (regulation: north kalimantan governor number 29, 2020) concerning guidelines for granting study assignments for civil servants, as for the provisions for civil servants for study assignments in this governor regulation including: a. implement a learning task application procedure with strict administrative requirements. b. provide a mechanism for study assignments with government fees and independent fees. c. emphasizes the obligation to refund tuition fees if government-funded civil servants do not return to work after their study assignment. d. this regulation regulates the special requirements as referred to in article 7 letter b of this regulation, including: 1) have a minimum service period of 1 (one) year since being appointed as a civil servant; 2) has the remaining service period of the employee by considering the education period and the service bond, with a minimum provision: a. 3 (three) times the normative time of the study program before the retirement age limit of the position, for learning tasks that are dismissed from position; or b. 2 (two) times the normative time of the study program before the retirement age limit, for learning assignments that are not dismissed from the position. 2. regulation of the governor of north sumatra number 26 of 2024 (regulation: governor of north sumatra number 26, 2024) concerning competency development through the education pathway for civil servants, as for the provisions for civil servants learning assignments in this governor regulation including: a. study assignments can be given on assignment from government agencies, and or requests from civil servants. b. study assignments are financed both exempt / not exempt from position duties. as well as independent cost learning tasks both exempt and not exempt from position duties. article 7 of this regulation regulates, among others: learning assignments consist of: a. study assignments funded by the regional budget and/or other funding sources, namely: (1) study duties are funded and exempted from job duties; and (2) study duties are funded and not exempted from job duties. b. self-financed learning duties, namely: (1) independent fee learning assignments and exempted from job duties; and (2) independent fee learning assignments and not exempted from job duties. 2) learning tasks that are exempted from the duties of the position in question are learning tasks carried out during working hours. 3) learning assignments that are not exempt from the duties of the position as intended are given to officials who are currently occupying managerial and non-managerial positions by obtaining approval from the ppk. c. the procedure for determining learning assignments is regulated in article 8 of this regulation, which regulates, among others: 1) learning assignments are given to civil servants who meet the following requirements: a) have a minimum service period of 1 (one) year since being appointed as a civil servant; b) the education to be pursued is in accordance with the regional apparatus learning task needs plan and has relevance to the educational background and / or in accordance with the main duties and functions of the civil servants concerned; c) considering the education and service bonding period, the normative age limit before assignment from ppk is; pa ge 44 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 1) 3 (three) times the normative time of the study program before the retirement age limit of the position, for learning assignments that are exempted from position; 2) 2 (two) times the normative time of the study program before the retirement age limit, for learning assignments that are not exempt from position. d) have a performance appraisal in the last 2 (two) years at the lowest with a good predicate; e) physically and mentally healthy; f) civil servants who apply for learning assignments are not currently : 1) on leave outside the state’s responsibility; 2) in the examination of disciplinary offenses; and/or criminal offenses; 3) in the process of imposing disciplinary punishment of moderate or severe level 4) undergoing disciplinary punishment of moderate or severe level; 5) undergo temporary dismissal as a civil servant. d. this regulation does not regulate the minimum accreditation for the study program where civil servants will continue their education, as stated in article 13 of this regulation, namely: the study program chosen in the implementation of learning tasks at higher education must meet the requirements a) according to the planning of educational needs of local government apparatus resources; b) its implementation in academic, vocational or professional types; and c) have accreditation from an authorized institution. 3. west kalimantan governor regulation number 71 of 2022 (regulation: west kalimantan governor number.17, 2022) concerning competency development through the education pathway for civil servants in the west kalimantan provincial government, as for the provisions for civil servants on study assignments in this governor regulation including: a. learning assignment planning where learning assignments are set that are aligned with the needs of the organization. b. regulates the types of learning assignments as in article 8, namely: learning assignments are provided through 4 (four) types of funding, namely: 1) fully third-party funded study assignments; 2) study assignments are fully funded by the apbd; 3) cost-sharing funding learning assignments, and 4) self-funding learning tasks. c. the requirements for civil servants for study assignments in this regulation are regulated in article 13, namely: (1) civil servants who get study assignments must meet the following requirements: a) status as a civil servant; b) have a service period of at least 1 (one) year since being appointed as a civil servant; c) have a service period of at least 1 (one) year starting from the date of transfer to the west kalimantan provincial government; d) have a working period of at least 3 (three) years since completing the last formal education that has been followed; e) have a period of employee service by considering the period of education and the period of service bond, with the provisions of at least : 1) at least 3 (three) times the normative time of the study program before the retirement age limit of the position, for learning tasks that are dismissed from the position; and 2) at least 2 (two) times the normative time of the study program before the retirement age limit, for independent study assignments that are not dismissed from the position. f) performance appraisal for at least the last 2 (two) years with the lowest predicate of “good”; g) qualify for rank/space classification according to the level of education and diploma, among others: 1) diploma i, diploma ii and diploma iii education programs, have a high school diploma or equivalent, the lowest rank is junior registrar / (ii/a); 2) diploma iv education program, diploma iv program and professional education, have a high school diploma or equivalent rank of at least junior registrar level i / (ii / b); 3) diploma iv transfer/level education program, diploma iv transfer/level education program and professional education, have a diploma iii diploma, the lowest rank is junior registrar level i / (ii/b); 4) bachelor education program, master education program, professional education program high school diploma or equivalent, lowest rank junior registrar level i/ (ii/b); 5) professional education program, master education program, specialist doctor education program, subspecialist doctor education program, the lowest rank is junior administrative officer / (iii/a); and 6) doctoral education program or equivalent, the lowest rank is junior level i / (iii / b). h) not currently: 1) in the process of examining disciplinary offenses and/ or criminal offenses; 2) serving imprisonment or confinement and/or moderate or severe disciplinary punishment; or 3) undergoing leave outside the state’s responsibility and/or undergoing temporary dismissal for civil servants. i) never: 1) sentenced to disciplinary punishment of at least moderate level within the last 1 (one) year; 2) sentenced to imprisonment or confinement based on a court decision with permanent legal force within the last 1 (one) year; 3) canceled or dismissed from his/her learning duties in accordance with the provisions of laws and regulations within the last 2 (two) years. pa ge 45 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 34-45, 2025 j) fulfill other requirements and pass the selection carried out by third parties and / or universities; k) sign agreements related to the provision of learning assignments; and l) willing to be dismissed from office. conclusion the findings of this study on the implementation of independent study assignments for civil servants in the south sumatra provincial government under south sumatra governor regulation number 19 of 2023 indicate that, although independent study assignments are intended to enhance the competence of civil servants at their own expense and outside working hours, several obstacles persist. first, the age limit set by the regulation poses a challenge, despite the fact that independent study assignments do not rely on government funding. second, the lack of dissemination regarding the mechanisms and procedures results in civil servants having limited understanding of the application process. third, geographical constraints hinder civil servants from outside palembang in accessing education, even though online learning options are available. fourth, institutional support, particularly in terms of study permits and personnel administration, requires further improvement. policy evaluation and enhanced institutional support are crucial to addressing these challenges and ensuring the effective implementation of independent study assignments. references amartya, s. (2009). the idea of justice. harvard university press. arifin, m. z., nugraha, m., putri, t. y., arifin, m. z., nugraha, m., & putri, t. y. (2024). jolasos: journal of social society grounding the welfare state theory in strengthening village funds for poverty alleviation according to distributive justice (pp. 29–42). aristotle. (1925). nicomachean ethics. oxford university press. asn., d. j. (2022). asn professionalism index. jakarta directorate of asn position. bkn. e-book. bkd; south sumatra. (2024). regional staffing agency of south sumatra province. dicey, a. v. (1959). introduction to the study of the law of the constitution. macmillan. finnis, j. (1980). natural law and natural rights. oxford: oxford university. friedrich carl von savigny. (1995). legal discretion and modern law. oxford university press. government regulation no.11. (2017). on civil servant management. hadjon, p. m. (2007). introduction to indonesian administrative law. gajah mada university. helmi, m. m. (2023). implementation of the policy of giving study assignments to civil servants in the sabang city government environment. usk fisip student scientific journal, 8(4), 1–16. karunia, a. m. (2022). 35 percent of asn in ri has low performance, bkn: like “dead wood” because of laziness. 1. https://money.kompas.com/ read/2022/07/21/142000926/35-persen-asn-di-rikinerjanya-rendah-bkn--seperti-kayu-mati-karenamalas mille, d. (1999). principles of social justice. harvard university press. government of south sumatra province, p. g. s. s. (2019). delegation of authority or granting power to on behalf of the governor of south sumatra to sign letters and decisions in the civil service sector within the south sumatra provincial government. palembang. regulation of the governor of south sumatra number 19. (2023). about guidelines for providing learning assignments for civil servants through formal education pathways. regulation: governor of west kalimantan number. 17. (2022). competency development through education pathway for civil servants within the government of west kalimantan province. regulation of the governor of north kalimantan no. 29. (2020). guidelines for granting learning assignments for civil servants. regulation of the governor of north sumatra number 26. (2024). competency development through education for civil servants. 26. prajudi atmosudirdjo. (1981). state administrative law. rawls, j. (1971). a theory of justice. harvard university press. pa ge 1 pa ge 1 american journal of society and law ( ajsl) normative conflict between human rights: blood transfusions in jehovah’s witness patients in spain dia a abu fannas abdel jawad1* volume 4 issue 2, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i2.3580 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: july 20, 2024 accepted: august 24, 2024 published: august 05, 2025 the refusal of jehovah’s witnesses patients to receive blood transfusions poses a normative conflict between several human rights. on one hand, there is the “right to religious freedom”, which allows these patients to rely on their religious convictions to refuse such medical procedures. on the other hand, there are the “right to life” and the “right to health”, which obligate healthcare professionals to perform all necessary actions to preserve patients’ lives and improve their health. additionally, healthcare professionals are bound by the commitments and guidelines of their profession in performing their duties. within this context, the current study conducts a qualitative analysis of articles, legal instruments, and ethical frameworks. the study employs a legal analysis to explore the normative conflict surrounding blood transfusions for jehovah’s witness patients in spain. it focuses on the interplay between the right to religious freedom, right to life, and right to health using a qualitative approach. the analysis considers relevant legal instruments, ethical frameworks, and case law to identify critical factors influencing decision-making in medical practice, particularly the patient’s state of consciousness and the urgency of their condition. it concludes that the patient’s state of consciousness and the severity of their condition are the decisive factors. if the patient is conscious and not in a critical condition, their decision to refuse the treatment should take preeminence. conversely, in cases where a blood transfusion is necessary but not urgent, the matter should be brought before the competent judicial bodies for a decision. however, in situations where the transfusion is both necessary and urgent to save the patient’s life, the decision will be made by the healthcare professionals involved, who must then assume the consequences of their actions. keywords hemotransfusions, human rights, jehovah’s witnesses, normative conflict, right to health, right to life, right to religious freedom 1 casa di consiglio fze llc, uae * corresponding author’s e-mail: abufannasabdel@outlook.com introduction in a diverse society, individuals navigate a complex framework of rules and principles intended to balance personal freedoms with communal harmony (mayer, 2018). this framework includes both the rights and obligations that individuals must adhere to. these rights encompass all the prerogatives granted to individuals, typically established within the legal system of a country, most notably in its supreme legal document (loveland, 2018). this document is often referred to as the “constitution”. the constitution, as the highest legal authority, encompasses a comprehensive set of rights granted to individuals (chemerinsky, 2023). this implies that the state is committed to creating and enforcing measures to ensure these rights are exercised and protected. the constitution also aims to restore victims’ legal status and provide compensation when needed. (ashworth, 2019). moreover, the legal framework described above includes a set of rights deemed particularly important for individuals, which is reflected in the willingness of states to sometimes limit their national sovereignty to align with international guidelines (daly, 2020). as a result, these rights are often given constitutional or even supra-constitutional status, depending on the normative framework of each country (pejchal grünwald, 2022). these rights are known as “human rights” and are rooted in the dignity of the human being, with the primary goal of protecting individuals and promoting their full development (gilabert, 2019). hence, the state is both a promoter and guarantor of these rights. it is also significant to understand the meaning of the concept of ‘human rights’. the concept of “human rights” originated in ancient times with strong religious ties, but in modern times, it has evolved to focus on people while separating from any religious connections (makrides, 2020). this new notion recognizes the equality of all humans and the consequent need for respectful interaction among them, which leads to the future coordination of legal resources to ensure equality in the legal and political landscapes, despite the multiple differences between the people (łuków, 2018). with the emergence of the theoretical foundation of human privileges, human dignity broadened its scope in two ways, vertically, since human beings are superior to other species of the animal kingdom, and horizontally, by establishing equal treatment among them regardless of their rank in society (giustina, 2021). moreover, understanding the following terms is also crucial to capture the key concepts and clarify the complex interplay of rights involved. the term “right to religious freedom” can be defined as the liberty of individuals to engage in their religious activities, which is an essential doctrine of jehovah’s witnesses (gunner, 2023; martíneztorrón, 2006). at the same time, the “right to life” also highlights the responsibility for the safeguarding of life, pa ge 2 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 while the “right to health” includes the possibility of receiving proper health care and treatment (nampewo et al., 2022; wicks, 2022). these definitions set the context of the study, which is to discern the role of the abovementioned rights in decision-making in the medical context. analyzing these priorities, the current study aims to propose solutions for resolving the conflicts that arise when religious beliefs challenge standard medical practices (mattei, 2023; petrini, 2014). the current study evaluates the normative clash of human rights referring to jehovah’s witnesses in spain, with an emphasis on their religious beliefs towards blood transfusions (ramírez-salazar et al., 2003). jehovah’s witnesses are an independent group of christianity who hold different beliefs and practices, especially regarding the rejection of blood products (spencer, 2002). this is due to what they consider forbidden by the scriptures, including the consumption of blood, which in their view includes transfusion (murphy, 2023). they were founded in the late 1800s and focus on the individual’s life as explained in the bible and stress holiness as opposed to physical existence (peyton, 2020). due to their beliefs regarding the intake of blood transfusions, they pose ethical and legal dilemmas in healthcare facilities especially when the treatment options offered to them are against their faith (loix et al., 2020). evaluating this issue is significant, and is reflected in the novelty of the current study since it focuses on the conflict of interest between the liberty of faith and the right to life and health (harris et al., 2023). these rights define other basic human values and freedoms but they can clash in certain situations, such as when a patient’s freedom of religion clashes with the doctors’ and nurses’ code of ethics (chemerinsky, 2023). therefore, the objective of the article is to present a brief analysis of this conflict by presenting legal, ethical, and medical aspects (petrini, 2014). the research question guiding this study is: how the healthcare practitioners uphold the right to freedom of religion with the rights to life and health of individuals who are jehovah’s witnesses and decline to take blood transfusion? in answering this question, the article aims to advance the knowledge of human rights and medical ethics practices for policy and practice purposes in similar cases (mattei, 2023). literature review the issue of blood transfusion refusal by jehovah’s witnesses has been a significant topic of discussion within the fields of medical ethics, law, and healthcare management. a paper published by radovanović et al. (2019) explains that the best approach to minimize the use of homologous blood components in massively bleeding jehovah’s witness patients is the transfusion of intraoperative blood and autotransfusion (radovanović et al., 2021). however, as useful as these alternatives are, the literature reveals that they come with their drawbacks. firstly, these methods are often applicable in very few centres, which means that they are impossible to access when controlling is needed during an emergency when there is no time and available resources. moreover, even though there are stimulators of erythropoiesis such as recombinant erythropoietin (repo), they are relatively costly as compared to allogeneic blood transfusion. there is also a question about patient consent as jehovah’s witnesses may not be aware of the current spectrum of blood-related components and techniques, which makes acceptance of these alternatives an individual matter of faith. such a circumstance can raise ethical issues for healthcare personnel who struggle between keeping alive and the principle of the patient’s self-determination. legal approaches to refusal for blood transfusion have also been extensively studied, chiefly in the context of europe. in europe, it has also been noted that patient self-determination has become more emphasized in the years after the mid-1990s. in their paper, loix et al. (2019) describe the legal aspects of transfusion refusal among jehovah’s witnesses in various european countries. the study contrasts and compares the legal conditions in different countries, citing some aspects of paternalism and others that assert the patient’s sovereignty even if it contradicts the doctor’s advice (loix et al., 2020). however, the literature lacks a unified legal viewpoint, with unpredictable court rulings contributing to uncertainty in both medical practice and patient care. the scoping review by peyton (2020) highlights a dilemma between a patient’s right to self-determination and the principle of beneficence, a paramount consideration, especially if the patient’s life is at risk due to refusal of treatment. the author emphasizes the emotional and moral costs that healthcare providers experience when the provider wants to save the patient’s life but also respects the patient’s decision to refuse blood transfusion. despite the depth of discussion on this topic, the literature reveals a gap in understanding how these ethical challenges are managed in real-time clinical settings (peyton, 2020). the covid-19 pandemic has significantly impacted various professional sectors, including legal professionals in bangladesh, highlighting socio-economic and psychological challenges faced during the crisis (rashid, 2024). similarly, issues of human security and conflict, such as rustling in nigeria, further complicate the legal landscape and necessitate a robust response from regional organizations like ecowas (akah et al., 2023). these contemporary challenges underscore the importance of examining how legal and ethical frameworks adapt to crises that affect patient rights and healthcare practices. there are several gaps in the existing literature, firstly, although the usefulness of non-transfusion management approaches is established, there is a shortage of studies on their long-term efficacy and patient outcomes, especially in non-specialized settings. secondly, the legal interventions in cases of transfusion refusal vary across jurisdictions, and more studies are necessary to establish the outcome of such variability on both the clients and the practitioners. last but not least, the bioethical discourse more often than not tends to dwell on theoretical pa ge 3 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 conundrums rather than on actual experimental problemsolving scenarios that clinicians have to deal with when handling such cases. the current study intends to bridge this gap by providing an empirical analysis of the practical implementation of alternative transfusion strategies, examining legal precedents and their impact on medical practice. it further aims to highlight the regional and global ethical issues faced in actual clinical practice. materials and methods the methodology employed in this study involves a legal analysis of the normative conflict encapsulating blood transfusions for jehovah’s witness patients in spain. this study focuses on the correlation of the right to religious freedom, the right to life, and the right to health through an integrative, qualitative approach that analyses articles, legal instruments, and ethical frameworks (vandemeulebroucke et al., 2022). the review section of the study includes a total of ten articles that were considered in the analysis. the selection procedure involved identifying relevant literature that addresses the intersection of the right to religious freedom, the right to life, and the right to health, particularly in the context of jehovah’s witnesses’ refusal of blood transfusions. this process aimed to ensure a comprehensive understanding of the ethical, legal, and medical implications surrounding the issue, drawing from diverse perspectives to inform the qualitative analysis conducted in the study. therefore, studying case law and statutory provisions, the study identifies critical factors influencing the decision-making process in medical practice (anderson et al., 2012). moreover, the current study particularly the patient’s state of consciousness and the urgency of their medical condition. this creates a discussion because the patient’s autonomy the roles of the healthcare professionals, and the potential legal repercussions of their decisions are explored. results and discussion human rights “human rights” are a set of privileges inherent to every person and have seen a progressive rise in international law both from normative and organizational perspectives (martínez-torrón, 2006). incidentally, article 1 of the “universal declaration of human rights” stipulates that everyone is born independent and equal in dignity and rights (juaristi, 2023). consequently, under article 2, all the rights contained therein must be recognized, respected, and guaranteed by the states within their respective jurisdictions to all individuals without any distinction (ramcharan, 2021). this normative position is echoed in article 2.1 of the “international covenant on civil and political rights”, article 2.2 of the “international covenant on economic, social, and cultural rights”, and article 1 of the “convention for the protection of human rights and fundamental freedoms” (dziurda et al., 2021; ikawa, 2020; stanislovas, 2019). these international documents also frame the obligation for the states parties to implement all legal, judicial, and administrative measures necessary to guarantee and protect the aforementioned rights. additionally, human rights are inherent and inalienable, meaning they cannot be traded or extinguished, although their exercise can be suspended or limited in extreme situations (nowak, 2021). they are also non-transferable, as individuals cannot transfer or waive these rights. moreover, humanitarian rights are also accumulative and irreversible as new rights can be gained over time or the scope of existing rights expanded, making it impossible to reduce or reverse already recognized rights (goodale, 2022). they are inviolable, meaning no individual, legal entity, or governmental body is authorized to infringe, damage, or destroy them. the transboundary nature of human privileges allows the international community to intervene when aware of a state violating the human privileges of its population, and the aggressor state cannot claim violation of its national sovereignty in such cases. lastly, they are also universal, meaning any person, regardless of age, sex, physical, social, political, legal, economic, or cultural condition, has human rights (provea, 2008). this characteristic implies that these rights are ascribed to all individuals notwithstanding of any context, motivated by the fact that such adjudication is carried out regardless of any temporal, spatial, political, or cultural circumstance (ferrajoli, 2008). the legal doctrine has classified human rights into three generations. the first-generation rights include municipal and governmental privileges, such as the right to life, freedom of transit, freedom of expression, assembly, and religion, as well as political rights like suffrage, participation, and political association (viola, 2015). the second-generation rights cover monetary, social, and ethnic rights, including the right to work, a decent salary, health, social security, education, and a decent standard of living. lastly, third-generation rights, known as peoples’ rights, encompass diffuse rights such as the right to a healthy environment, peace, sustainable development, and the self-determination of peoples (viola, 2015). according to this classification, first-generation rights have a negative character, therefore such rights only require the state not to participate negatively in their realization, being of direct application and judicially enforceable; while second-generation rights have a positive character, as they require positive action by the state to achieve their exercise (bidart campos, 1998). in this regard, the state, as the main guarantor of human rights, has three primary duties: the duty to respect, the duty to protect, and the duty to fulfil. the duty to respect means the state must refrain from any actions that interfere with the full realization of rights. on the other hand, the duty to protect involves safeguarding these rights from actions by third parties that might negatively affect them. the duty to fulfil requires the state to take concrete measures to ensure these rights are realized, which includes both facilitating and providing. pa ge 4 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 facilitating involves promoting rights and acting preventively to favour their realization and avoid their violation. providing, on the other hand, is necessary in cases of need or emergency, such as disability or natural or social catastrophes, where individuals cannot realize their rights on their own. in these exceptional cases, the state must provide the necessary means for individuals to enjoy their rights (viola, 2015). right to religious freedom the right to religious freedom, along with freedom of thought and ideology, is one of the fundamental freedoms and falls within the category of first-generation rights (giles, 2020). its international legal foundation is drawn from article 18 of the “universal declaration of human rights” and the “international covenant on civil and political rights,” along with article 5 of the european convention on human rights (dziurda et al., 2021; weissbrodt, 2021). these provisions assert that every person has the right to liberty of thought, morality, and religion, including the autonomy to change faith or principles, and to manifest them individually or collectively (gunner, 2023). the only limitations to this right are those necessary for security, public order, health, morals, or the fundamental rights and freedoms of others. the doctrine of religious freedom defines it as the freedom to make moral decisions based on one’s moral code, which stems from their system of thought or religious beliefs (ramírez-salazar et al., 2003). additionally, it is important to distinguish religious freedom from other related terms: “ideological freedom” refers to the ability to express and defend one’s ideas; “freedom of conscience” means acting without interference from authorities; while “religious freedom” pertains to the right to live according to one’s religious convictions (hernández, 2020). furthermore, religious freedom includes the right to conscientious objection, which is the right to act according to one’s convictions and beliefs. it should also be noted that the “right to religious freedom” is based on a broad international religious reality, which includes traditional religions, analogous institutional practices, and new religious movements, as long as they are not sects that threaten the dignity and integrity of the human being. religious belief is recognized as a cultural and historical reality, which shapes the right and freedom of individuals to experience their existence as an essential part of their dignity (abdulla, 2018). to better conceptualize religion, doctrine identifies three categories: belief (including non-belief), identity (including beliefs, cults, traditions, and rites), and way of life (religious activities and practices) (whitehead & chryssides, 2022). religious freedom is further understood to have four dimensions: the first dimension is that of intellectual and spiritual search, in which individuals have the freedom to use reason in exploring and understanding the order of reality, seeking deeper insights into existence. the second dimension is practical reason which underscores that people possess the ability to align their lives with an invisible order and commit to any truths they discover, integrating these beliefs into daily life. thirdly, according to the dimension of human sociability, there is freedom to engage with others, sharing and expressing one’s understanding of a transcendent order through social interactions. finally, juridical and political expressions are the dimension where people have the right to manifest religious beliefs in civil society and political life, including owning property, directing educational and cultural centres, forming associations, and participating in politics (shah et al., 2012). jehovah’s witnesses often invoke their right to religious freedom to refuse blood transfusions, based on conscientious objection (mattei, 2023). this right allows patients to refuse treatment proposed by doctors due to religious or moral beliefs, thereby obligating doctors to respect their decision if viable alternative treatments exist. this refusal is also supported by the principle of autonomy, which states that no medical treatment can be administered without the patient’s prior consent, except in cases where their life or other fundamental rights are at risk (ramírez-salazar et al., 2003). finally, the rejection of blood transfusions by this religious group is supported by their religious convictions. these convictions are based on various biblical passages that expressly prohibit ingesting blood (rongved, 2024). additionally, they believe that failing to comply with divine commands means losing the hope of the ‘resurrection’ and the ‘promised paradise’ (murphy, 2023). biblical passages that prohibit ingesting blood it has been exposed by the authors that jehovah’s witnesses accept the vast majority of medical treatments (“those who are well do not need physicians, but those who are sick...” luke 5:31). but in the case of blood transfusion, the situation is different. based on various passages in the bible, such as “you shall only abstain from eating flesh with its soul, that is, its blood” (genesis 5:4), “no one from among you... shall eat blood” (leviticus 17:12), “.... for the life of all flesh is blood; whosoever eateth (eats) it shall be destroyed” (leviticus 17:14). therefore, the witnesses firmly do not accept the transfusion of primary blood components. the primary blood components include red blood cells, white blood cells, platelets and plasma (spencer, 2002). plasma derivatives like albumin, clotting factors and immunoglobulins are usually taken by jehovah’s witnesses because they are biological components that cross the placental barrier during pregnancy and as such are not considered primary components. in addition, the entities that would have been classified as blood in the list of simpler components would not be so classified any longer (petrini, 2014). right to life and right to health the right to life is a first-generation right of great importance, as outlined in article 3 of the “universal pa ge 5 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 declaration of human rights”, which states it is inherent to every person. this principle is echoed in article 6 of the “international covenant on civil and political rights”, which mandates that this right be safeguarded by law and prohibits arbitrary deprivation of life (ramcharan, 2021). the death penalty is permissible only for the most serious crimes, following legal procedures, with the possibility of commutation. in europe, article 12 of the “convention for the protection of human rights and fundamental freedoms” protects this right. it allows exceptions only for lawful executions, self-preservation, lawful arrests, and prevention of riots or insurrections (harris et al., 2023). similarly, article 2 of the “charter of fundamental rights of the european union” asserts everyone’s right to life and prohibits the death penalty (wicks, 2022). doctrinally, the “right to life” has different meanings; as the privilege to exist, to live a decent life, to be provided with food and shelter and not to be killed by another person or at the behest of another (figueroa garcía-huidobro, 2008). the echr has underlined that the state should not only avoid unlawful intentional and unintentional killings but also prevent deaths within its jurisdiction. this entails enacting criminal laws to discourage such crimes and putting measures in place to guard vulnerable persons (echr, 1998). also, the state has the responsibility to investigate thoroughly cases of violation of the right to life, to bring to book the offenders and to compensate the victims whenever the “right to life” has been disrupted (“judgement of the court 28 march “, 2000 ). another right that is closely linked to the content of this research is the ‘‘right to health,’ which the world health organization describes as the absence of disease and infirmity (organization, 2019). this encompasses the choices over one’s own life and physical integrity, including the liberty to make decisions regarding sexual and reproductive matters, and the right not to be subjected to torture or degradation. the legal regulation of this right is found in article 25 of the universal declaration of human rights (eide, 1992). article 5 contains the items that shall constitute the right to a decent minimum, which consists of receiving necessary medical treatment, social assistance, and insurance in case of sickness, disability, widow, old age or for other reasons in cases of loss of the means of livelihood, special protection of motherhood and childhood. this right is anchored on article 12 of the international covenant on economic, social and cultural rights (olumese, 2021). according to this article, individuals are free to attain the highest level of health possible (eide, 1992). moreover, the right to health encompasses a set of essential and interrelated features such as, public states are obliged to provide adequacy of health services, programmes, products, and facilities such as safe water, hygiene facilities, quality human health resources, and relevant health commodities (un. committee on economic, 2000). there must be no restrictions when it comes to making these health resources available to society that is, there should not be any prejudices in terms of the geography of the society or economic status or capacity of the society by among other things ensuring health information. acceptability states that the health services delivered to the clients should be ethical, culturally appropriate, confidential, and oriented towards the client’s health enhancement. requirement of quality holds that these services should conform to scientific and medical requirements of qualified medical personnel, efficient medicine, relevant equipment and clean water (un. committee on economic, 2000). right to health in the european context in the european context, the privilege to health is enshrined in article 35 of the “charter of fundamental rights of the european union” (şaramet, 2020). this article states that everyone has the right to preventive and health care, under the legal and practical conditions of each country. furthermore, the design and implementation of all policies and actions of the european union must prioritize a high level of protection for human health. the convention for the protection of human rights and fundamental freedoms addresses this issue, albeit in a limited manner (de schutter, 2018). article 8.2 correlates the right to health with the “right to respect for private and family life” (lagoutte, 2003). it establishes health protection as an exception that legitimizes interference by public authorities in an individual’s private and family life. however, this initial legal approach was refined by the european social charter. article 11 of the charter enshrines the commitment of states to adopt appropriate measures to eliminate the causes of poor health (dalli, 2020). it emphasizes the establishment of training and consultation services to improve health and promotes a sense of individual responsibility for such improvements. additionally, it addresses the prevention of accidents, as well as endemic and epidemic diseases. jurisprudential perspectives at the jurisprudential level, the european court of human rights has examined the right to health concerning the right to life (yaroshenko et al., 2021). the court has analyzed cases of medical negligence, where the actions of healthcare providers not only violate the right to health by failing to provide adequate services but can also result in the death of patients. for example, in the case of asiye genç v. turkey, the court addressed the death of a newborn due to a lack of coordination and insufficient medical resources (kwiatkowski, 2022). this case illustrates how inadequate medical services can violate the right to health and, consequently, the right to life. it underscores the imperative need to ensure suitable emergency services for individuals. similar principles were applied in the “center of legal resources on behalf of valentin câmpeanu v. romania” (domaradzka, 2023). in this case, the court found violations of articles 2, 13, and 4g of the european convention due to the death of a disabled minor who did not receive the necessary care or adequate pa ge 6 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 treatment. additionally, in šilih v. slovenia, the court ruled on a case involving a patient’s death caused by administering drugs to which the patient was allergic (simović & simović, 2021; türmen). this case further demonstrates how medical negligence, which constitutes a clear abuse of the right to health in terms of the quality and suitability of medical services, can ultimately lead to a desecration of the “right to life” (kapelańska-pręgowska, 2019). in summary, the evolving legal framework and jurisprudential interpretations highlight the critical interconnection between the right to health and the right to life within the european context. the link between rights to life and health in medical practice having outlined the notions and international legal parameters regarding the rights to life and health, it is essential to clarify their connection to the current issue (hemberg & hemberg, 2020). safeguarding these rights represents the primary commitment of medical and healthcare professionals (nampewo et al., 2022). their actions are deeply rooted in these principles, as they are responsible for providing care and treatment in a manner that optimally ensures the improvement or maintenance of patients’ physical and mental wellbeing. the performance of these professionals can significantly impact whether individuals enjoy these rights or experience their violation (nampewo et al., 2022). in this context, medical personnel dedicate their training and efforts to healing their patients as efficiently and effectively as possible (shanafelt et al., 2019). they constantly assess the consequences and feasibility of applicable treatments, typically opting for those most likely to achieve a curative effect with the least harmful side effects. this commitment is further supported by the ethical principles of medicine (nampewo et al., 2022). these include the principle of beneficence which claims that physicians should act for the benefit of patients and society (avant & swetz, 2020). similarly, according to the principle of equity physicians are obligated to provide medical care based on current health needs, without discrimination, preferences, or privileges(blanchet garneau et al., 2019). similarly, the principle of autonomy implies that adult patients, in full use of their faculties, have the right to decide on the type of medical care they wish to receive (lewis, 2020). their willingness and acceptance are fundamental for the application of the medical treatments to which they are entitled. finally, according to the principle of confidentiality, patients have the right to ensure that information shared during doctor-patient interactions remains confidential (murtaza et al., 2021). in summary, the intersection of these rights and ethical principles underscores the critical role that healthcare professionals play in upholding the “right to life and health” (nampewo et al., 2022). also belonging to this set of principles, the principle of dignity consists of the commitment of physicians to provide care to their patients following their human condition, their organism, conscience, will and freedom (camosy, 2021). on the other hand, according to the principle of respect, the medical care given to patients should be based on consideration and courtesy to their condition as patients. the principle of solidarity indicates the obligation of physicians to share their goods and knowledge with people who need their services or support, as well as the promotion of organ donation for transplants (shaw, 2019). moreover, the principle of honesty is based on the duty of health professionals to express themselves and act in strict compliance with current regulations and religious ethical principles (varkey, 2021). the principle of loyalty implies the obligation of the physician to correspond to the trust placed in them and the principle of justice, is based on giving to each person what corresponds to them, according to law or reason (huang et al., 2021; kelsen, 2022). finally, it is important to specify that the described legal relationship has two scenarios. the first one is when the patient is conscious and in a state that does not represent a risk to his physical integrity. in this case, he will determine, according to the principle of autonomy, whether or not to apply the required transfusions (bolcato et al., 2021). the patient, knowing the details, situation, and consequences of the application or nonapplication of the treatment proposed by the physician, indicates his approval or refusal of the application of the same (utomo). the second scenario is when the patient is not conscious, there is no legal representative who can give any approval, or the refusal to hemotransfusions was established in the informed consent, but the patient’s medical situation is so serious that it puts his life or the quality of his life at significant risk. in this case, the medical professional has the responsibility to decide, based on the urgency of the patient’s situation, how to safeguard the rights to life and health, based on his professional ethical principles (burkholder et al., 2019). this may lead to the application of blood transfusion, an action that may imply the violation of the right to religious freedom of the jehovah’s witness patient, an aspect that will be discussed further in the following section. spanish context of blood transfusions in jehovah’s witness patients the spanish regulatory framework is governed by the spanish constitution, a legal instrument that establishes the macro guidelines for governmental action (da silva rodriguesi et al.; solanes mullor & torres pérez, 2019). this framework naturally includes the obligations of individuals and their rights, which the state must guarantee and protect. the obligation extends to human rights, especially when the government commits itself by signing international conventions on the matter. these conventions become part of the internal legal system after their official publication, as stated in article 5 of the constitution. pa ge 7 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 right to religious freedom regarding the “right to religious freedom”, its legal basis is implicit in article 16 of the spanish constitution, which guarantees the ideological, religious, and worship freedom of individuals and their consequent manifestations (martínez-torrón, 2001). the only limiting factor is the maintenance of public order, which includes a prohibition against forcing individuals to declare their beliefs, religion, or ideology. however, the limits to exercising this right have been extended legally. article 3, paragraph one of the organic law of religious freedom stipulates that this right may be exercised except in cases where public liberties, fundamental rights, public safety, health, and morals may be affected (martíneztorrón, 2001, 2006). additionally, the organic law of religious freedom, according to article 1, approves the state’s obligation to guarantee the enjoyment, exercise, and protection of religious freedom (martínez-torrón, 2001). it prohibits discrimination based on religious beliefs and establishes the secularity of the state. the law also outlines the aspects of this right, which include professing religious beliefs and manifesting them, changing or abandoning religious beliefs, practising acts and activities of worship, receiving assistance related to their faith, providing and receiving religious teachings and information by any means, meeting or expressing themselves, publicly for religious purposes, and associating to develop religious activities as a community (justicia, 2017). these provisions are detailed in article 2 of the aforementioned law (canamares, 2010). given this context, jehovah’s witnesses, as patients exercising their religious freedom, have the right to express and assert their conscientious objection to receiving hemotransfusions. this objection is a manifestation of their beliefs and convictions, and it must be duly communicated to the relevant medical personnel, who are obligated to respect the patient’s wishes, within the legal limits described above. implications the legal analysis of jehovah’s witness patients’ negative stance on blood transfusions leads to several important conclusions. both in the international and spanish spheres, the right to life is considered to have a developed hierarchy than the rest of human rights, as without it the existence of the others is not possible (delmas-marty, 2021). there is a strong connection between the right to life and health and the medical profession since the latter’s activities are a determining factor between the exercise or violation of such rights. the negligent performance of medical tasks may generate a desecration of both the “right to health” and the “right to life” in the same patient (akter & tamanna, 2020). in cases where the patient is conscious and his/her life is not in danger, his/her manifest will refuse to receive blood transfusions due to religious beliefs (obidimma, 2019). it will be given preeminence, by the principle of autonomy. when blood transfusion is necessary for the patient’s condition but not urgent and the patient has expressed his or her disapproval of this medical procedure, the case must be brought before the competent judicial bodies for resolution. the judges, when evaluating the case, have the responsibility to take into account the imminent danger that the non-application of hemotransfusions would represent for the patient’s life or the quality of the transfusion. in cases where blood transfusion is necessary and urgent given the seriousness of the patient, the medical staff will make the respective decision, which should lean towards the application of such transfusion given the preeminence of the “right to life” and the “right to health” over the privileges to religious independence in the spanish legal system (casey-maslen & heyns, 2021). moreover, the non-application of the blood transfusion to the jehovah’s witness patient when it was necessary and urgent to preserve his life or the quality of his life, may result in administrative and/or criminal liabilities for health professionals, such as a criminal investigation for the crimes of injury or culpable homicide, due to the condition of guarantor of the rights to life and health that these professionals have in the performance of their duties (ernest & okpokam, 2019). conclusion the evaluation of the normative conflict regarding blood transfusions for jehovah’s witness patients highlights a clash between the privilege of religious freedom and the “right to life and health”. this conflict illustrates the necessity of considering individual beliefs in medical practice while healthcare providers uphold their oath to save lives. consequently, the patient’s state of consciousness and critical health condition are paramount in determining the appropriate course of action. if the patient is fully conscious, even in a severe condition, their religious belief to refuse treatment should prevail. however, in situations where a blood transfusion is necessary and life-threatening, healthcare professionals must act in the best interest of the patient, even if it means potentially violating the patient’s religious rights. ultimately, this analysis emphasizes the need for established legal and ethical standards that guide healthcare providers in managing such conflicts while respecting patient rights and beliefs. references abdulla, m. r. (2018). culture, religion, and freedom of religion or belief. the review of faith & international affairs, 16(4), 102-115. https://doi.org/10.1080/155 70274.2018.1535033 akah, a. u., ekpo, t. j., & okocha, o. c. c. (2023). rustling and human security in nigeria-an analysis of ecowas response. american journal of society and law, 2(2), 51-57. https://doi.org/10.54536/ajsl. v2i2.2014 akter, a., & tamanna, t. (2020). fundamental rights pa ge 8 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 during corona pandemic-bangladesh perspective: a study special reference to access to justice and fair trial, legal protection and right to life. in bildbangladesh. https://www.researchgate. net/publ ica t ion/346329715_fundamenta l_ rights_during_corona_pandemic-bangladesh_ per spec t ive_a_study_spec i a l_refe rence_ to_access_to_justice_and_fair_trial_legal_ protection_and_right_to_life anderson, e., tremper, c., thomas, s., wagenaar, a. c., & burris, s. (2012). measuring statutory law and regulations for empirical research. ashworth, a. (2019). victims’ rights, defendants’ rights and criminal procedure. in integrating a victim perspective within criminal justice (pp. 185-204). routledge. avant, l. c., & swetz, k. m. (2020). revisiting beneficence: what is a ‘benefit’, and by what criteria? the american journal of bioethics, 20(3), 75-77. https:// doi.org/10.1080/15265161.2020.1714796 bidart campos, g. j. (1998). manual de la constitución reformada. blanchet garneau, a., browne, a. j., & varcoe, c. (2019). understanding competing discourses as a basis for promoting equity in primary health care. bmc health services research, 19, 1-11. https://doi.org/10.1186/ s12913-019-3981-9 bolcato, m., shander, a., isbister, j. p., trentino, k. m., russo, m., rodriguez, d., & aprile, a. (2021). physician autonomy and patient rights: lessons from an enforced blood transfusion and the role of patient blood management. vox sanguinis, 116(10), 10231030. https://doi.org/10.1111/vox.13122 burkholder, t. w., hill, k., & hynes, e. j. c. (2019). developing emergency care systems: a human rights-based approach. bulletin of the world health organization, 97(9), 612. https://doi.org/10.2471/ blt.18.224139 camosy, c. c. (2021). losing our dignity: how secularized medicine is undermining fundamental human equality. new city press. canamares, s. (2010). the spanish organic law on religious freedom: appropriateness and grounds for amendment. ius canonicum, 50, 477. casey-maslen, s., & heyns, c. (2021). the right to life under international law: an interpretative manual. cambridge university press. https://doi. org/10.1017/9781108881515 chemerinsky, e. (2023). constitutional law. aspen publishing. da silva rodrigues, q. p., lins, s. m. d. s. b., & peres, e. m. blood and blood component transfusion for jehovah’s witnesses: a scoping review. dalli, m. (2020). the content and potential of the right to social assistance in light of article 13 of the european social charter. european journal of social security, 22(1), 3-23. https://doi.org/10.1177/1388262720912272 daly, e. (2020). dignity rights: courts, constitutions, and the worth of the human person. university of pennsylvania press. de schutter, o. (2018). the charter of fundamental rights as a social rights charter. delmas-marty, m. (2021). the european convention for the protection of human rights: international protection versus national restrictions (vol. 19). brill. https://doi. org/10.1163/9789004478441 domaradzka, a. w. (2023). children’s rights with disabilities and alternative care between universal and regional (council of europe) standards of protection. european integration studies, 19(1). https:// doi.org/10.5755/j01.eis.19.1.33392 dziurda, m., golab, a., & zembrzuski, t. (2021). european convention for the protection of human rights and fundamental freedoms: impact on polish law development. access to justice in eastern europe, 23. eide, a. (1992). article 25 of the universal declaration of human rights. in (pp. 377-389): oslo, scandinavian university press. ernest, n. a., & okpokam, d. c. (2019). bloodless medicine and surgery: a review of practice and consideration of jehovah’s witnesses. asian journal of medicine and health, 16(3), 1-7. https://doi. org/10.9734/ajmah/2019/v16i330143 figueroa garcía-huidobro, r. (2008). concepto de derecho a la vida. ius et praxis, 14(1), 261-300. https:// doi.org/10.4067/s0718-00122008000100011 gilabert, p. (2019). human dignity and human rights. oxford university press, usa. giles, j. (2020). a theological justification for freedom of religion and belief as a universal right. in why religion? towards a critical philosophy of law, peace and god (pp. 101-136). giustina, t. g. a. d. (2021). the principle of human dignity, law and relativism: the challenge of connecting diversity. goodale, m. (2022). reinventing human rights. stanford university press. gunner, g. (2023). religious freedom as a human right. in freedom of religion and religious pluralism (pp. 79-100). brill nijhoff. https://doi. org/10.1163/9789004530736_006 harris, d. j., o’boyle, m., bates, e., & buckley, c. (2023). law of the european convention on human rights. oxford university press. hemberg, j., & hemberg, h. (2020). ethical competence in a profession: healthcare professionals’ views. nursing open, 7(4), 1249-1259. https://doi. org/10.1002/nop2.480 hernández, m.-a. p. (2020). ideological freedom and related legal wording. the age of human rights journal, 14, 109-136. https://doi.org/10.17561/tahrj. v14.5688 huang, i.-c., du, p.-l., lin, l.-s., liu, t.-y., lin, t.-f., & huang, w.-c. (2021). the effect of perceived value, trust, and commitment on patient loyalty in taiwan. inquiry: the journal of health care organization, provision, and financing, 58, 00469580211007217. https://doi.org/10.1177/00469580211007217 ikawa, d. (2020). the international covenant on pa ge 9 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 economic, social and cultural rights and the optional protocol. in research handbook on economic, social and cultural rights as human rights (pp. 14-26). edward elgar publishing. https://doi.org/10.4337/ 9781788972130.00010 juaristi, f. j. r. (2023). article 1–dignity and equality. in the universal declaration of human rights (pp. 12-35). brill nijhoff. https://doi. org/10.1163/9789004545396_003 judgement of the court 28 march echr (court of justice 2000). organic act 7/1980, of 5 july, on freedom of religion, (2017). kapelańska-pręgowska, j. (2019). medical negligence, systemic deficiency, or denial of emergency healthcare? reflections on the european court of human rights grand chamber judgment in lopes de sousa fernandes v. portugal of 19 december 2017 and previous case-law. european journal of health law, 26(1), 26-43. https://doi.org/10.1163/1571809312261036 kelsen, h. (2022). what is justice?: justice, law, and politics in the mirror of science. univ of california press. kwiatkowski, p. (2022). european standard for the protection of patients’ lives. przegląd prawniczy uniwersytetu im. adama mickiewicza, 14, 119-137. https://doi.org/10.18566/rfdcp.v46n124.a02 lagoutte, s. (2003). surrounding and extending family life: the notion of family life in the case-law of the european court of human rights. nordic journal of human rights, 21(3), 292-306. https://www.idunn. no/doi/abs/10.18261/issn1891-814x-2003-03-03 lewis, j. (2020). getting obligations right: autonomy and shared decision making. journal of applied philosophy, 37(1), 118-140. https://doi.org/10.1111/japp.12383 loix, s., henin, p., descamps, o., & reusens, i. (2020). jehovah’s witnesses and transfusion: where do we stand in europe? isbt science series, 15(2), 212-220. loveland, i. (2018). constitutional law, administrative law, and human rights: a critical introduction. oxford university press. łuków, p. (2018). a difficult legacy: human dignity as the founding value of human rights. human rights review, 19(3), 313-329. makrides, v. n. (2020). orthodox christianity and modern human rights: theorising their nexus and addressing orthodox specificities. in global eastern orthodoxy: politics, religion, and human rights (pp. 13-39). https://doi.org/10.1007/978-3-030-56919-1_2 martínez-torrón, j. (2001). freedom of religion in the case law of the spanish constitutional court. byu law review, 711. martínez-torrón, j. (2006). religious freedom and democratic change in spain. byu law review, 777. mattei, l. (2023). jehovah’s witnesses and bioethics, right to treatment and religious freedom. biolaw journal-rivista di biodiritto, 2s, 219-241. https://doi. org/10.15168/2284-4503-2847 mayer, k. u. (2018). whose lives? how history, societies, and institutions define and shape life courses. in contextual influences on life span/life course (pp. 161-187). routledge. murphy, c. a. (2023). a comparative analysis of the doctrine of bodily resurrection in jehovah’s witnesses versus traditional christianity. https:// digitalcommons.liberty.edu/masters/1091/ murtaza, m., ali, s., shahbaz, w., & elger, b. (2021). doctor-patient confidentiality: a cross-sectional study of opinions among medical students and doctors. discover journal of public future, 4, e16. https://doi. org/10.1007/s43399-021-00010-8 nampewo, z., mike, j. h., & wolff, j. (2022). respecting, protecting and fulfilling the human right to health. international journal for equity in health, 21(1), 36. nowak, m. (2021). introduction to the international human rights regime (vol. 14). brill. obidimma, e. o. (2019). fundamental right to freedom of thought, conscience and religion and the right to refuse medical treatment on religious grounds under nigerian law. african journal of constitutional and administrative law, 1. https://ezenwaohaetorc.org/ journals/index.php/ajcal/article/view/768 olumese, o. (2021). duty without liability: the impact of article 12 of the international covenant on economic, social and cultural rights on the right to health care in nigeria. african human rights law journal, 21(2), 1112-1134. http://dx.doi.org/10.17159/19962096/2021/v21n2a44 organization, w. h. (2019). global action plan on physical activity 2018-2030: more active people for a healthier world. world health organization. pejchal grünwald, v. (2022). european convention on human rights and national constitutional orders. in encyclopedia of contemporary constitutionalism (pp. 1-18). springer. https://doi.org/10.1007/978-3-030-56919-1_2 petrini, c. (2014). ethical and legal aspects of refusal of blo\od transfusions by jehovah’s witnesses, with particular reference to italy. blood transfusion, 12(suppl 1), s395. https://doi.org/10.2450/2013.0175-13 peyton, m. a. (2020). the sanctity of blood: jehovah’s witnesses and bloodless medicine. hektoen international: a journal of medical humanities. https:// hekint.org/2020/01/29/the-sanctity-of-bloodjehovahs-witnesses-and-bloodless-medicine/ radovanović, m., končar, i., vujčić, a., & davidović, l. (2021). the right of jehovah’s witnesses to refuse and to accept blood transfusion. vojnosanitetski pregled, 78(7), 782-788. ramcharan, b. g. (2021). the concept and present status of the international protection of human rights: forty years after the universal declaration (vol. 13). brill. ramírez-salazar, c., jiménez-corona, m., & riveracisneros, a. (2003). legal aspects in cases of blood transfusion in jehovah’s witnesses. gaceta médica de méxico, 139(4), 423-425. rashid, m. h. (2024). impact of covid-19 pandemic on legal professionals in bangladesh: a study findings in dhaka city. american journal of society and law, 3(1), pa ge 10 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(2) 1-10, 2025 34-39. https://doi.org/10.54536/ajsl.v3i1.2907 rongved, f. k. (2024). modern medicine and obeying god: how the watchtower society legitimizes the controversial teaching of refusing blood transfusion. the university of bergen. https://doi.org/10.13140/ rg.2.2.22336.00004 şaramet, o. (2020). the right to protection to health or the right to health?–constitutional approaches. jus et civitas: a journal of social and legal studies, 71(1), 29-40. https://www.ceeol.com/search/articledetail?id=979034 shah, t. s., franck, m. j., & farr, t. f. (2012). religious freedom: why now?; defending an embattled human right. witherspoon institute. shanafelt, t. d., schein, e., minor, l. b., trockel, m., schein, p., & kirch, d. (2019). healing the professional culture of medicine. mayo clinic proceedings. https:// www.sciencedirect .com/science/ar t icle/pii/ s0025619619303453 shaw, r. m. (2019). altruism, solidarity and affect in live kidney donation and breastmilk sharing. sociology of health & illness, 41(3), 553-566. https://doi. org/10.1111/1467-9566.12805 simović, m. n., & simović, m. m. (2021). protection of the right to life and constitutional court of bosnia and herzegovina. right to life, 359. http:// www.iksi.ac.rs/izdanja/yearbook_novi_sad_2021. pdf#page=359 solanes mullor, j., & torres pérez, a. (2019). the constitution of spain: the challenges for the constitutional order under european and global governance. in national constitutions in european and global governance: democracy, rights, the rule of law: national reports (pp. 543-590). https://library.oapen.org/ bitstream/handle/20.500.12657/22841/1/1007320. pdf#page=557 spencer, j. r. (2002). a point of contention: the scriptural basis for the jehovah’s witnesses’ refusal of blood transfusions. christian bioethics, 8(1), 63-90. https://doi.org/10.1076/chbi.8.1.63.8761 stanislovas, t. (2019). international covenant on civil and political rights. türmen, j. šilih v. slovenia1 (application no 71463/01) european court of human rights (grand chamber). 9 april 2009. general comment no. 14 (2000), the right to the highest attainable standard of health (article 12 of the international covenant on economic, social and cultural rights), (2000). utomo, l. ethics and law in clinical practice: principles of how to understand an ethical dilemma. vandemeulebroucke, t., denier, y., mertens, e., & gastmans, c. (2022). which framework to use? a systematic review of ethical frameworks for the screening or evaluation of health technology innovations. science and engineering ethics, 28(3), 26. https://link.springer.com/article/10.1007/s11948022-00377-2 varkey, b. (2021). principles of clinical ethics and their application to practice. medical principles and practice, 30(1), 17-28. viola, a. m. b. d. (2015). conséquences de la classification des droits de l’homme en générations par rapport á la justiciabilité des droits sociaux. journal of the faculty of law and political science, 4(124), 32. https://doi. org/10.18566/rfdcp.v46n124.a02 weissbrodt, d. (2021). the right to a fair trial under the universal declaration of human rights and the international covenant on civil and political rights: articles 8, 10 and 11 of the universal declaration of human rights (vol. 1). brill. http://66.36.242.93/reports/ccpr_c_ mli_2003_2.doc whitehead, a. r., & chryssides, g. d. (2022). contested concepts in the study of religion. wicks, e. (2022). article 2–right to life. the eu charter of fundamental rights, yaroshenko, o. m., steshenko, v. m., anisimova, h. v., yakovleva, g. o., & nabrusko, m. s. (2021). the impact of the european court of human rights on the development of rights in health care. international journal of human rights in healthcare, 15(5), 501-513. https://doi.org/10.1108/ijhrh-01-2021-0011 pa ge 1 pa ge 46 american journal of society and law ( ajsl) impact of generative artificial intelligence on the global entertainment industry & its legal dynamics d. o. ben-daniel1* volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4566 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: february 20, 2025 accepted: march 21, 2025 published: april 28, 2025 the emergence of artificial intelligence (ai) has given rise to unprecedented and momentous consequences across humanity. there is no doubt that ai, most especially, generative (gen) ai portents massive consequences within the entertainment industry. this article attempts to contribute to the overall discuss of gen ai within the entertainment industry, and covers the proper understanding of gen ai and how ai models are trained; the entertainment industry; the impact of gen ai on the entertainment industry globally; the advantages and disadvantages of deploying gen ai within the entertainment industry; and the legal tools available to manage the existential threat of gen ai to the entertainment industry. therefore, the article explains and discusses ai broadly, gen ai specifically, the training process, the current developments within the entertainment industry regarding the adoption of ai, and the legal consequences of gen ai, such as, copyright infringements. this article concludes by emphasizing the quantum advantage of deploying gen ai as an effective tool within the entertainment industry, which shifts the focus from the threats gen ai portends for the industry at large, to its huge benefits if properly harnessed. keywords copyright, creative industry, entertainment, genai, ip 1 7220 mccallum blvd, dallas 75252, texas, usa * corresponding author’s e-mail: gbendaniel@gmail.com introduction the past two decades have witnessed exponential growth in machine learning and robotic science, known as artificial intelligence (ai). the growth and adoption of these technologies across multiple industries have been unprecedented, to the extent that there has been a growing fear that these technologies could eventually replace humans or even render humans “useless”, as if humans did not develop these technologies. this global phenomenon is inferencing the possibility that ais could finalize the much touted replacement theory, a similar sentiment expressed by a leading scientist, joseph weizenbaum, that the study of ai is obscene, antihuman and immoral. this fear of human replacement has always been expressed, each time humanity witnesses an evolution or revolution in technology, right from the age of industrial revolution as we know it today. considering the pace of development and adoption of ai technologies across industries, such replacement perception is not unfounded. most especially, with the release of ai engines like chatgpt, gemini, adobe photoshop (powered ai), and the most recently released chinese ai, deepseek, that crashed valuations of ai companies across global stock markets. furthermore, the simultaneous crashing of the computing power requirements of these large language models (llms) is leading to more computing power becoming available at extremely affordable costs, increasing the rate of adoption across industries. adopting the ai phenomenon within the entertainment industry has also produced a monumental impact within the industry, such that the same replacement theory is being touted, leading to threats of strikes, law suits, copyright infringements, etc. if not properly managed and streamlined, gen ai could be more damaging than constructive and developmental to the global entertainment industry. therefore, the objective of this journal write up is not to pitch “humans vs ais” narrative in an adversarial way, but to demystify this global phenomenon, analyse its growth and impact within the entertainment industry by showcasing the gen ai benefits, and the potential threats to the industry if gen ai is not properly harnessed. furthermore, unveil the opportunities available within the copyright and entertainment laws when gen ai is properly and strategically utilized and deployed. research problem to what extent has the emergence of gen ai impacted the global entertainment industry, and to what extent does strategic integration of gen ai tools into the entertainment industry’s value chain directly correlate with increase in operational efficiency, creativity and overall value of the industry. research questions • how does the adaptation of gen ai automation tools impact the time and cost associated with productions within the industry? • what is the impact of gen ai on resource allocation and waste reduction within the production process? • how does the adoption of gen ai affect the speed and accuracy of script selection process and other processes in production? • what are the quantifiable improvements in productivity and output resulting from the strategic integration of gen ai automation in production process? • how does the adoption of gen ai impact creativity and the overall value of the entertainment industry pa ge 47 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 research objectives • to assess the overall impact of gen ai on the global entertainment industry, its operational efficiency, creativity and overall profitability. • to analyse the impact of this phenomenon on the human creatives (workforce) within the entertainment industry, and the changing dynamics because of adoption of gen ai within the industry. • to evaluate the ethical and societal impact of gen ai on the industry, the legal instruments available to limit the “damaging” effect of the phenomenon within the entertainment industry. • to evaluate the cost-benefit analysis of the adoption of gen ai within the global entertainment industry. literature review this article clearly articulates the established concepts of ai and description of the entertainment industry. the oxford languages defines ai as the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages. according to stryker & kavlakoglu (2024), ai is a technology that leverages on smart computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy. turing (1950), an english mathematician and a leading ai researcher, first conceptualized the “thinking computers or machines,” acknowledging that only a special kind of machine, known as “digital computers,” could do that fit. mccathy (2007), a computer scientist at stanford university and one of the founding fathers of ai, defines ai as the science of making intelligent machines and software programs, adapting them to human intelligence, without necessarily confining it to methods of biological observations. he holds that machine intelligence, though adaptable to human intelligence, requires some mechanisms of intelligence that enables it deliver impressive performances on the tasks its built for. colorado state university (csu) global (2021) sates that ai technology enables computers and machines to mimic human intelligence through an interactive processing and algorithm training. csu further explains that the combination of interactive processing and algorithm training enables problemsolving and providing strategic directions, which is a process of continuously and intelligently relying on its interactive algorithms through the combination of large data sets that are analyzed and then learning from their patterns and features. eventually, the machine develops high capabilities and learnings from these data patterns, which enables it to intelligently answer or solve problems, and possibly project (predict) into the feature based on these data patterns. to fully comprehend the concept of ai and its applications, the component parts must be properly understood. according to csu, these component parts sum up the discipline of ai, and they make up the subdomains of the main ai domain. some of the subdomains of ai are machine learning (ml), which is component of ai that enables computer systems and programs to learn real time, and advance outcomes based on its experience, rather than how it’s programmed. this is where ai discovers data patterns and logic that enable it deliver on its pre-set outcomes or deliverables. the other one is deep learning, which is the type of ml enables ai improve by processing data, because it utilizes artificial neural networks that mimics the human brain’s biological neural networks when processing information. others are the neural network itself that functions like a human brain, but with capacity to work with large dataset. these make up the entire global ai architecture that drives this cutting edge technology across multiple sectors like healthcare, legal services, financial services, manufacturing, creative (including entertainment), automobile, etc. stryker & kavlakoglu (2024) affirm that ai has evolved over the decades from its inception in the 1950s from machine learning (where machines learns from historical data), to deep learning (where machine learning models try to mimic humans’ brain function), and now, generative (gen) ai (where deep learning models can create original content, such as text, videos, images, etc.). gen ai is that ai used to create new content such as text, videos, images, music, computer codes and audio. gen ai is built on two components of ai, namely, machine learning and deep learning. stryker & kavlakoglu (2024) emphasise that understanding these two components is integral to comprehending gen ai. gen ai deploys these two component to identify and learn patterns and relationships in a dataset provided, and then utilizes these learnings to generate new content. the newly created content could be images, texts (inform of essays or chat responses), videos, audios, and computer codes. the examples of gen ai are chat gpt, dall-e 2, gemini, deepseek, etc. therefore, gen ai is trained on provided dataset, through the process of machine learning and deep learning, its able to understand the dataset patterns and relationships, and be able to develop its own ability to generate new content. gen ais like gemini, chat gpt, deepseek, etc., have been trained on large volume of dataset, which explains their ability to generate new content as requested by users. gen ai has various learning processes, such as supervised, which is a technique of machine/deep learning that utilizes labeled dataset in its learning process of identifying data patterns and their relationships. toloka (2023) explains that labeled dataset contains meaningful tags (information) that requires extra process of labeling (such as specifying what object is in the image dataset, be it car or bird; or even the words uttered in the recording, etc.) this makes the dataset more meaningful to the machine. labeling of dataset is a fundamental step towards building a high-performing and accurate gen ai algorithm, which is the goal of its learning process-to develop an ai model that delivers correct output based on real-world data. the objective of this is to ensure an effective and “supervised” training process that guarantees a more accurate result. pa ge 48 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 explaining further that these labels play a vital function in enabling the gen ai model deliver the best outcome and predictions, for example, predicting travel time, based on the time of the days and the weather conditions. the other type of learning is unsupervised learning, and ibm (2021) states that this relies on machinelearning (ml) algorithms to identify hidden data pattern and groupings without human intervention. the ml algorithms analyzes and clusters unlabeled datasets, and identifies the similarities and differences of the data (information) contained in the dataset, and this type of gen ai is ideal for data analysis, customer segmentation, image recognition (object recognition), and cross selling strategies. according to bergmann (2023), another type is semi-supervised learning, combines both supervised and un-supervised learning, thus giving a bit of both worlds. it utilizes both labeled and unlabeled datasets for its training for both classification and regression tasks. this solves the problems of not having enough labeled dataset to utilize for learning, and when it’s too expensive to label enough dataset. another type of learning is self-supervised learning that uses unsupervised learning to train models that require supervised learning, mostly because of the difficulty and time required to label the dataset. thus, self-supervised learning is more time-effective and costeffective because the need to manually label the dataset is replaced with an ai model generating implicit labels from unstructured data. another type of learning, as analyzed by ibm, is reinforcement learning, which is similar to supervised learning but not trained using a sample dataset. it is rather based on trial and error, and the successful sequence of outcomes is reinforced to develop the best recommendation or policy for a given problem. transfer learning, which murel & kavlakoglu (2024) explain to be the type of learning that utilizes pre-trained ai models and dataset to optimize the performance and generalizability for a related task or dataset. the product or output of these trainings is what is know as large language model (llm) that now functions as a base model for any gen ai. these base models can further be trained for industry vertical or specific performance. this means, some llms are ready for use after training, such as chat gpt, gemini, deepseek, etc., whilst, some are just base model (framework) to be further trained vertically to perform (generate new content) industry specific tasks, some of which are gpt-3, llama, gemini, deepseek, etc. these base models have been pre-trained on vast amount of data for generalizability and related tasks, and they are just retrained to further perform narrower related and specific tasks. for example, retraining a gpt3 llm model to perform legal specific functions like legal writing, case summarization, etc., or even training the same model to function within a hospital setting, such as patient data analysis for tracking and diagnosis of chronic diseases, diseases outbreak predictability, etc. on the other hand, the entertainment industry is an economic sector made up of individuals and businesses that engage in creativity, such as designs, music, motion pictures, gaming, publishing and literature, visual arts, performing arts, fashion, tv and radio, and advertising. the entertainment industry is made up of individuals (humans) with creative skills and talent that are creating a thriving economy through their work of designs, music, motion pictures, writing, performing arts, etc. according to pwc (2024), the media and entertainment is expected to hit a global valuation of us$3.4 trillion in 2028, and the national assembly of state arts agencies (nasaa) confirmed that the u.s. entertainment industry alone was valued us$1.1 trillion as at the end of 2022. the entertainment industry is one of the fastest growing industry, globally, most especially with its massive potential for wealth and job creation. in most developing/emerging countries like india, nigeria, ghana, south africa, brazil, turkey, mexico, peru, cuba, etc., the entertainment industry is one of the greatest wealth creators and employers. over the decades, the entertainment (creative) industry has always depended on intellectual property (ip) law to protect its creation, and maximize both its value and return on investments. the works of the entertainment industry, such as, designs, music, motion pictures, gaming, publishing and literature, visual arts, performing arts, fashion, tv and radio, and advertising are called “original works” or “creative works” in the copyright law world, and they are copyright protected (patent protected in certain jurisdictions). what makes the entertainment industry function effectively is its ‘regulation’ by the intellectual property legal instruments, such as copyright, patent, designs, trade secrets; and other legal instruments such as contracts, torts, and personal rights. materials and discussions research design this research design adopts qualitative research method, which involves adopting emerging case studies within the entertainment industry; entertainment industry insider’s perspective (ethnography), which involves understanding inside dynamics within that industry; analysis of lived experiences of individual players within the industry; and the established legal theories regulating the industry. data sources the research work was sourced from the u.s. constitution, statutory instruments, regulations, published journals of other authors, researched works and news reports of credible media outlets, and other verified authorities. consistently ensuring legal and other verified authorities constitute the sources for this research ensures the authenticity and accuracy of the data analysed to arrive at the conclusions of the research work. analysis this research work involves the textual analysis of constitutional, statutory and regulatory frameworks that define and establishes the legal position in copyright law, pa ge 49 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 which influences the legal framework for the entertainment industry. these textual analysis is then applied to the current trends and dynamics within the entertainment industry, as its been revolutionized by gen ai. this then informs the conclusions and recommendation discussed in the article. results and discussions the past 2-5 years have seen significant adoption of gen ai within the entertainment industry, leading to definitive impact on the industry. the architecture of gen ai is generally to mimicking humans, which ensures the execution of the same tasks that humans do, but at a larger and more efficient scale. several gen ai applications have been developed for the entertainment vertical sector, which has had significant impact, largely leading to broken trust amongst the industry stakeholders. in consistent with gen ai’s training processes described above, kinder (2024) explicated that a gen ai model can be trained with vast amount of existing movie scripts, and based on this training, can generate new scripts based on ideas, dialogue, types of characters, and even plot developments that appear to work well together. this will have massive impact on script development within the entertainment industry, both positively and negatively. the benefits and costs of gen ai to the entertainment industry is discussed later in this article. the summary of this point is that a gen ai model, pretrained on vast amount of existing scripts, can subsequently create new scripts, not requiring human script developers any longer. in many instances now, gen ai creates the idea and the scripts, and the writers are simply hired to polish and re-write the scripts, which is much better, as articulated further in this article. this development led to the breakdown of trade agreement between writers guild of america (wga) and the alliance of motion picture and television producers (amptp), the alliance of over 350 american television and film production companies in may 2023, leading to a 148-day strike against the use of ai in script development. sakoui confirms that the screen actors guild-american federation of television and radio artists (sag-aftra), and teamsters and international alliance of theatrical stage employees (iatse) also joined the strike by wga, against amptp because of the same perceived threat from gen ai. another big controversy generated by gen ai, as reported by korn, (2023), is in the area of image generation that involved getty images suing stability ai for copyright violations, regarding its arts tool, stable diffusion. getty accused stability of illegally training its ai model utilizing getty’s images without obtaining license to do that. according to by lan (2023), the legal challenges emanating from “ai painting” alone grew by 560% between july 2022 and january 2023. this percentage growth in the volume of related litigations on copyright infringements within the entertainment/creative industry depicts the dimensions gen ai is taking the industry to in the coming years. another dimension is the application of gen ai to voice generation, and the one main example, as reported by ingham (2023), is an ai song featuring fake drake and the weeknd vocals that showed up across multiple streaming platforms of youtube, spotify, tiktok, tidal and apple music. this triggered prompt response from universal music group (umg) on april 17, 2023, requesting the streaming platforms to pull down immediately the ai song from their respective platforms. this is the power of gen ai, trained with the vocals of known personalities like celebrities, politicians, etc., and then deploying it to create fake audio vocals over videos, be it music, news, or motion pictures. this trend is multiplying exponentially, with enormous impact in deceiving global audiences and the marketplace, denying artists and other right owners royalties and other revenues due to them. from the forgoing, the impact of gen ai on the entertainment industry is extremely significant, and has both advantages and disadvantages. the advantages of adopting gen ai within the industry include the following: pace of development the overall pace of developing a creative work is enhanced with gen ai. in the traditional mode, developing a movie production could take years, because of the intense work required to develop every part of the production. script development is part of the pre-production phase, and it’s a fundamental stage of the production, and could take months/years. traditionally, the pre-production stage of script acquisition or development could require several options, namely, securing a copyright protected pre-developed script, or secure a book to develop into a script, or getting skilled scriptwriters to develop fresh scripts. any of the options selected, though tedious and fundamental to the production process, can still be optimized and enhanced by gen ai. without an effective script development process, you might not have an authentic and quality production, worthy of generating the revenue numbers for all the stakeholders in the project. the other pre-production activities are artists/ cast selections, photoshoot, crew selections, etc., and all of these can be fast tracked and optimized deploying gen ai. cost and timing of production the first benefit of gen ai to the entertainment industry is the potential cut in cost of production, and the time it currently takes to complete a motion pictures production of any kind, which includes the pre-production, the actual production and the post-production. this applies across the entertainment industry, namely, music (both audios and videos), performing arts, gaming, etc. gen ai’s ability to save cost and timing could actually help remove barrier to entry within the entertainment industry. according to nashville film institute, major global studios spend between $70million and $150million to make a feature film, covering the cost of crew/cast, scriptwriters, producers and directors, logistics, and postproduction. however, movie budgets affirms that some pa ge 50 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 blockbuster movies are produced as high as $600million. no doubt, the african country with the biggest creative industry is nigeria, and from experience, the average cost of producing a motion picture in nigeria range from as low as $2,000 to $300,000, depending on casts/crew, production value, target audience and platform, logistics, etc. however, with gen ai, according to marcolivio (2024), the average cost of producing a digital movie could go as little as $829 an hour, eliminating cost of logistics, insurance, lowering or eliminating cost of crews/casts, etc. this completely removes cost-induced barrier to entry for movie makers, and massive reduction of the time to produce to just about a few days for an hour production. improved efficiencies & elimination of wastes embedded in the cost and time savings above is gen ai’s ability to improve efficiencies in the production of a motion picture, music, or creative arts, and help eliminate waste. marcolivio (2024) explains that ai could eliminate or reduce the time spent on pre-production activities such as scenes set ups, shoot days, night scenes dynamics, delays from bad weather, and shooting of scenes with animals. gen ai guarantees operational efficiencies and waste elimination, because every part of the creative process is optimised and automated, which ensures quick turnaround and effectiveness. an example here is jumpcut’s ai tool used to read through 50,000+ submitted scripts, and generates two-page report for producers and directors, breaking it down into genre, subgenre, characters and similar titles. this simply does not replace human creativity; it just enhances script selection process, saves time and improves quality. emerging new business models gen ai within the entertainment industry is driving new business models within the industry. as the ai phenomenon scales up, new ai character (actors) ecosystem is emerging, outside of the traditional entertainment’s characters (actors) ecosystem. this involves creating digital actors whose features are programmed to meet individual preferences, almost the same patterns or similarities with fictional characters. the digital actors take several formats such as super hero, a training coach, a newscaster, an avatar, music super star, tv show presenter, etc. to exploit this emerging digital character creation, new business models are emerging within the ai powered entertainment industry. marcolivio (2024) gave a few recent examples; meta paid snoop dogg $5million to create ai personae, lucasfilm signed a $22 million deal with james earl jones to recreate darth vader voice with ai. others are cadbury powered ai that features indian super star, shah rukh khan, etc. in addition to the digital assets’ creation is the potential for marketplaces for ai characters (actors) to emerge in the coming months that would be sources of characters (actors) for the entertainment industry. on the flip side, the disadvantages of adopting gen ai within the entertainment industry are also significant, compared with the benefits: economic impact on the industry according to the pwc’s report, the global valuation of the entertainment industry is expected to hit us$3.4 trillion. this valuation covers all the value chain within the entertainment industry, such as script development, other production preps, photography, video editing, main production, postproduction, and marketing & distribution. this valuation spreads across the value chain, though not evenly distributed, but every part of the value chain retains substantial valuation. however, gen ai potentially could distort that spread, thus, creating massive disruptions within the industry, and could potentially wipe out value across the different subsectors of the entertainment industry. gen ai, if not well regulated and managed, could have this negative economic impact within the entertainment industry. however, if well leveraged, could leapfrog the entire industry’s ecosystem, triggering the next wave of development within the industry, which has a multiplier effect on the growth and valuations of the industry. this requires consorted and strategic collaborations covering training and development, and adoption of ai as an effective tool for the creative professionals within the entertainment industry. impact on copyright violation and infringement another con of gen ai within the entertainment industry is the massive copyright infringements that have taken place during the training of several ai models. most of the ai models have been trained with copyright protected materials such as images, scripts, books, audio, video, etc. the fall out of these copyright infringements has led to unprecedented legal battles across the globe. many more legal battles are still brewing up. the reality is, as we have discussed above, gen ai depends on being pretrained by huge amount of dataset to be able to function, run effectively, and generating new output based on the historical data it had been trained with. therefore, most gen ai models currently being deployed within the entertainment industry have been pre-trained with huge amount of dataset from within and outside the industry, some or most of which are copyright protected, thus, infringing on the right holders substantially. zero copyright ownership and protection several sections of law are present in the entertainment industry, namely copyright, trademark, “rights to publicity”, contract, licensing, employment, immigration, bankruptcy, defamation, privacy, and torts. however, fundamental to the industry is copyright law, because this is what protects all the creatives of the industry, and provides the foundation for the effective monetization of all created original works of the industry. the u.s. constitution states that “the congress shall have the power… to promote the progress of science….by securing for limited times pa ge 51 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 to authors….the exclusive rights to their…writings. then the u.s. congress responded with the copyright act of 1976, which states “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. (b) in no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work” ss(b) simply differentiates copyright protection, which deals with works of expressions, from that of patent, which protects ideas, procedure, process, etc. the focus here is the emphasis on “author” and “works of authorship”. this clearly shows that authors under copyright law are humans, and not a machine or software (ai algorithm) that generates the “work.” furthermore, the u.s. copyright office defines “an original work of authorship is a work that is independently created by a human author and possesses at least some minimal degree of creativity.” the ai generated output is not classified as an “original works of authorship” that is worthy of copyright protection or any form of protection under entertainment law. the main issue here is that ai generated creatives are actually derivative works of several other original works that belong to other authors, which were used to train the ai model based on a copyright doctrine of fair use. in burrowgiles lithographic co., the court also agreed with the doctrine that only humans qualify as “author” and the only one who can get copyright protection under “original works of authorship.” in the federal register, the u.s. copyright office issued a guideline in regarding ai generated works, stating that when ai “determines the expressive elements of its output, the generated material is not the product of human authorship.” in a recent decision, stephen thaler, the court held that “human authorship is a bedrock requirement of copyright.” this further affirms the legal position that ai generated works, including within the entertainment industry lacks any form of ip (copyright) protection. this similar position is held in south korea, the european union (matt-2023), south africa and most other african states. however, ai generated materials may be protected in the united kingdom and china (wang-2024). the implication of zero copyright ownership and protection means no extraction for works of original authorship. without extraction for works of original authorship the entire entertainment industry structure and value chain is of minimal value. according to the u.s. copyright act (§§ 106), an author has the exclusive derivative rights over his/her works of original authorship, which are right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work. therefore, lack of protection for ai generated materials, means no further extraction of rights (derivative rights) on the ai created works, which limits the ability of the ai created works to maximize benefits to the owners through maximum derivative rights. this is counterproductive for the entertainment industry, which depends on those derivative rights to further maximize value for the industry. therefore, there needs to be a more structured and planned deployment of gen ai technologies within the industry to avoid gen ai deployments ending up being self-destructive for everyone within the industry. limited originality & uniqueness as described above gen ai depends on historical data, and then generates new content based on the training it has had with the vast amount of historical data. the challenge here is the generic nature of the content generated by gen ai, because of gen ai’s inability to generate unique, original and authentic content for a particular user. some may argue that the limitation is as a result of lack of proper prompt engineering skills by users, to be able to maximize the uniqueness of a gen ai model. however, as long as gen ai depends on its training with historical data, to generates new output based on these historical data, its output is still largely dependent on its dataset training, which will still have generic output applicable to several users simultaneously. affirming this argument, doshi & hauser (2024) explained that ai enabled stories are more similar to each other, compared to stories generated by humans alone, and this limits creativity, freshness and originality. however, despite the limitation of gen ai, it still helps writers that lack writing skills to write more creatively and more enjoyable. if writers can leverage on stories generated by ai as the starting block, and further develop the stories by infusing their own expressions, uniqueness, and authenticity. authentic storylines have the elements of uniqueness, novelty and relatedness, which resonates more with the audience. no doubt, gen ai could enhance creativity of a writer, and can also inhibit creativity and originality in another. conclusion from the fore going, the two fundamental legal dynamics highlighted here are, first, the challenges facing copyright holders globally, which is the continuous copyright infringement of their works. there has been increased vigilance by right holders, constantly “scanning” and monitoring new ai models for possible copyright infringements. the recording industry association of america (riaa) has reported en masse violations of their members’ right through the training of machines pa ge 52 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 with their members’ works. one of such copyright infringements involves the action brought against suno inc., the owners of suno ai and uncharted labs, inc., the developer of udio ai. riaa alleged mass infringement of copyrighted sound recordings of its members without any permission through the training, development and operations of suno ai and udio ai. copyright violations is at the heart of ai’s damaging effect on the creative entertainment industry, which also has its impact on competition laws. the procecess of training ai models with copyrighted dataset, without authorizations should be a serious concern to the entire industry stakeholders. deploying technology to reap from where one has not sown is simply cyber-stealing, which also misleads unsuspecting and undiscerning members of the public, and this falls under the preview of unfair competition. once a gen ai has cleared all the legal issues around copyright infringements, the next legal dynamics is the effective deployment of this ai model within the entertainment industry. effective deployment speaks of ai becoming a tool for the human creators within the entertainment industry. leveraging on gen ai as an effective tool that reduces costs and timing of production, and optimizing the production processes. combining that with human’s creativity, originality and ingenuity is what will take the entertainment industry to the next level or even greater heights. for example, jumpcut ai, helps producers swiftly read through 50,000+ scripts received from scriptwriters, and generates two-page reports for producers and directors, breaking them down into genre, subgenre, characters and similar titles. this saves enormous time, and infuses accuracy into the whole process, avoiding the consequences of human fatigue that potentially comes with manual selection process of over 50,000 scripts. furthermore, as we have discussed above, to enjoy maximum copyright protection, which includes full exclusive derivative rights over the “original works of authorship”, human creativity must be the “finishing line” or “final expression” for the ai generated works. this aligns with theory that when ai determines the expressive elements of an output material, the generated output material does not qualify as human authorship. therefore, its human authorship that infuses the needed creativity and originality that qualifies the work for “original works of authorship”, which makes it copyright protectable, and gives it full exclusive right to derivative exploitation. this keeps the industry profitable, lucrative and attractive to investors, thus, leveraging on the full benefits of gen ai. by this, gen ai will still be acceptable, and not seen as a “threat” to humans, but rather a powerful tool for effectiveness and maximum returns for the entertainment industry. particularly, developing economies in africa like nigeria, south africa, kenya, ghana, and other developing economies like india, brazil, turkey, mexico, peru, etc, that have achieved massive growth in their entertainment industry, can leverage on gen ai to further scale and globalize their local entertainment industry. with effective ip protection laws, gen ai deployed alongside the existing abundant human creativity, those countries are bound to witness a monumental leap in the quality and volume of creative works that can qualify as “original works of authorship.” doshi & hauser (2024) conducted a research on the effectiveness of gen ai to enhance creativity (novelty) in script development. it was found that gen ai assistance increases both the novelty and usefulness of stories more than baseline human efforts without gen ai assistance. the research confirmed that access to gen ai idea leads to greater creativity and novelty in writing. this affirms the position that deploying gen ai as a tool within the entertainment industry could lead to enhanced creativity and novelty, further expanding the value within the industry. what this implies is that with ai assistance, “original works of authorship” can still be developed, protected under copyright law, and the derivatives fully extracted to the benefit of the industry. the industry can still remain lucrative, profitable and investor friendly; rather than being destroyed by ai; its built by ai. finally, there are several current policies and legal frameworks that can make gen ai an effective and transformative tool within the entertainment industry, rather than becoming an existential threat to that industry. some of these are: regulations several jurisdictions are still not clear on how to respond to the gen ai phenomenon. many of them are confused on the response to give to this wave. most especially, the fear of not intentionally stifling innovation is limiting conscious efforts to regulate these ai boom. a few jurisdictions seems to be wielding more regulatory enforcements, whilst others are just “watching”, allowing the cases to play out insides the courts. whatever side, there has to be a definitive legal position on gen ai, to create certainty within the entertainment industry. legal uncertainty is dangerous for any society, and this is what makes laws, including regulations, dynamic. regulations or ai legal frameworks on the development and usage of ai models need to be set up and enforced for a much healthier and safer society. of course, regulations that do not stifle innovation and creativity. thus far, without such regulations, the global community has witnessed ethical issues and abuses, such as massive copyright and trademark infringements and violations, competition abuses, misleading and defrauding members of the public with fake celebrity audios and videos, and other dangerous tendencies, such as blasphemous and scandalous fake voice-overs and deep videos. the governments must find a way of stepping into this global “chaos” through effective regulations, and developing policies around the development and usage of ai technologies. otherwise, if left unregulated or unpoliced, the emergence and explosion of ais would develop into an uncontrollable phenomenon that is inimical to humanity, most especially, the potential damaging effect on the creative industry. gen pa ge 53 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 ai should enhance human development and evolution, and not destroy its existence. why should an ai generated song that uses the vocals of popular artist(s) to deceive unsuspecting members of the public, ultimately, generate commercial benefits to the ai owners? this is absolutely unethical and fraudulent, which should be prevented or brought under control through well thought-out and effective regulations. strengthening current copyright laws emanating from regulation requirement is strengthening and enforcement of copyright laws to prevent the mass stealing of copyrighted materials by new and emerging ai models. the strengthening and enforcement of copyright laws should establish a balance between fair use, transformative use, and de minimus on one hand and the author’s derivative rights on the other hand. this is extremely essential for the survival and continuous growth of the entertainment industry. concepts like copyright protections for authors of publications that describe tribal and community heroes, human legends that had ever lived; protecting them against unauthorized use of their publications to generate new videos, images, audios, or any form of multimedia. this copyright protection should have built into it compensation structure from the gen ai companies, for the authors or even custodians of those heroes/legends stories, or even the host communities. not all these heroes or legends belong to public domains. furthermore, trademark, competition, and tort laws could be deployed in response to malicious use of gen ai technologies. a resounding legal framework specifically for gen ai will be an exciting thing for the entertainment industry, which will definitely enhance productivity, utility, and creativity, rather than destroying creativity or even humanity within the entertainment industry. developing solid business models around ais that benefit all the emergence and adoption of gen ai within the entertainment industry has led to the emergence of new business models within the industry. as disruptive as these developments might be, gen ai developers/owners and the copyright owners, whose datasets are required to train this models, could ultimately benefit from wellcrafted business models. different business models are emerging, and one of them is the commissioning of known celebrities to create digital characters, by big studios and brands. this is gradually triggering the emergence of marketplaces for digital characters and other digital paraphernalia of motion pictures production. other potential business models are subscription and licensing models, where potential gen ai developers could enter into contracts with association of copyright owners to licence the original works of their members in bulk. this could be an upfront licensing model or a revenue sharing model, which constitutes a win-win situation for everyone, and completely scales gen ai’s impact within the entertainment industry. teach www3.0 at schools ai technologies should be nurtured and taught at all schools’ levels, most especially in developing countries, bringing the generality of humans into ai’s development and evolution. furthermore, law schools should increase the adoption of the teaching of ai technologies as part of law schools’ curriculum, to enhance better understanding of the technology and the importance of formulation and enforcement of legal frameworks that can protect everyone. references barco, m. de. (2023, june 14). it’s gonna be a hot labor summer’ — unionized workers show up for striking writers. npr. https://www.npr.org/2023/06/14/1181947862/ writers-strike-union-solidarity belcic, i., & stryker, c. (n.d.). what is supervised learning? ibm. https://www.ibm.com/think/topics/ supervised-learning bergmann, d. (2023). what is semi-supervised learning? ibm. https://www.ibm.com/think/topics/semisupervised-learning blaszczyk, m. (2023). impossibility of emergent works’ protection in u.s. and eu copyright law. north carolina journal of law & technology, 25, 1. https://papers.ssrn. com/sol3/papers.cfm?abstract_id=4519511 burrow-giles lithographic co. v. sarony, 111 u.s. 53 (1884). see also, urantia foundation v. maaherra, 114 f.3d 955 (9th cir. 1997). compendium of u.s. copyright office practices (3d ed. 2021), § 306, 54. u.s. copyright office. https://www. copyright.gov/comp3/docs/compendium.pdf copyrightable authorship: what can be registered (n.d.). u.s. copyright office. https://www.copyright.gov/ comp3/chap300/ch300-copyrightable-authorship.pdf copyright registration guidance: works containing material generated by artificial intelligence. (2023). federal register, 88(51). https://www.govinfo.gov/ content/pkg/fr-2023-03-16/pdf/2023-05321. pdf#page=3 creative economy contributes over $1.1 trillion to the u.s. economy. (2024). national assembly of state arts agencies. https://nasaa-arts.org/communication/ creative-economy-contributes-over-1-1-trillion-tothe-u-s-economy/#:~:text=these%20data%2c%20 published%20by%20the,added%20to%20the%20 u.s.%20economy doshi, a. r., & hauser, o. p. (2024). generative ai enhances individual creativity but reduces the collective diversity of novel content. science advances, 10(28). https://doi.org/10.1126/sciadv.adn5290 generative artificial intelligence and copyright law. (2023). congressional research service. https://crsreports. congress.gov/product/pdf/lsb/lsb10922 historical and revision notes to the copyright act: house report no. 94–1476. (n.d.). pa ge 54 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 46-54, 2025 how does ai actually work? (2021). csu global blog. https://csuglobal.edu/blog/how-does-ai-actually-work how much does it cost to make a movie? everything you need to know. (n.d.). nashville film institute. https:// www.nfi.edu/how-much-does-it-cost-to-make-amovie/#:~:text=introduction%20to%20film%20 budgeting,that%20are%20subject%20to%20change ibm. (n.d.). what is machine learning? https://www.ibm. com/think/topics/machine-learning ibm. (2021). what is unsupervised learning? https://www. ibm.com/think/topics/unsupervised-learning ingham, t. (2023). universal music group responds to ‘fake drake’ ai track. music business worldwide. https:// www.musicbusinessworldwide.com/universal-musicgroup-responds-to-fake-drake-ai-track-streamingplatforms-have-a-fundamental-responsibility/ kinder, m. (2024). generative ai: what is at stake for hollywood writers. brookings. https://www.brookings. edu/articles/hollywood-writers-went-on-strike-toprotect-their-livelihoods-from-generative-ai-theirremarkable-victory-matters-for-all-workers/ korn, j. (2023, january 17). getty images suing the makers of popular ai art tool for allegedly stealing photos. cnn business. https://www.cnn.com/2023/01/17/tech/ getty-images-stability-ai-lawsuit/index.html lan, z., yang, s., fan, r., zhao, b., & yan, y. (2023). innovation or piracy? empirically demarcating ai painting copyright infringement boundary. https:// www.at lant is-press.com/proceedings/pmis23/125989284 marcolivio, m. (2024). ai and the movies: a blockbuster success or a big budget disaster? imd. https://www.imd. org/ibyimd/artificial-intelligence/ai-and-the-moviesa-blockbuster-success-or-a-big-budget-disaster/ mccarthy, j. (2007). what is artificial intelligence? stanford university. https://www-formal.stanford.edu/jmc/ whatisai.pdf ministry of culture, sports, and tourism / korea copyright commission & korean copyright commission. (2024). a guide on generative ai and copyright. https://www.mcst.go.kr/english/policy/ pressview.jsp?pseq=391 movie budgets. (n.d.). the numbers. https://www.thenumbers.com/movie/budgets/all murel, j., & kavlakoglu, e. (2024). what is transfer learning? ibm. https://www.ibm.com/think/topics/transferlearning pwc. (2024). pwc global entertainment & media outlook 2024– 28. https://www.pwc.com/gx/en/news-room/ press-releases/2024/pwc-global-entertainment-andmedia-outlook-2024-28.html record companies bring landmark cases for responsible ai against suno and udio in boston and new york federal courts, respectively. (2024). riaa. https:// www.riaa.com/record-companies-bring-landmarkcases-for-responsible-ai-againstsuno-and-udio-inboston-and-new-york-federal-courts-respectively/ sakoui, a. (2023, july 13). hollywood actors’ union sagaftra votes to strike. ‘we are the victims here’. los angeles times. https://www.latimes.com/ entertainment-arts/business/story/2023-07-13/sagaftra-board-strike-plan-vote snow, s. (2023, may 5). ai writing is the opposite of thought leadership. forbes. https://www.forbes.com/sites/ shanesnow/2023/05/05/ai-writing-is-the-oppositeof-thought-leadership/?sh=b86faf19eafa south africa copyright act, 1978. stephen thaler v. shira perlmutter and the united states copyright office, no. 1:22-cv-01564 (d.d.c. 2022). stryker, c., & kavlakoglu, e. (2024). what is artificial intelligence? ibm. https://www.ibm.com/topics/ artificial-intelligence the difference between labeled and unlabeled data. (2023). toloka team. https://toloka.ai/blog/labelleddata-vs-unlabelled-data turing, a. m. (1950). computing machinery and intelligence. mind, 49, 433–460. https://courses. cs.umbc.edu/471/papers/turing.pdf u.s. const. art. i, § 8, cl. 8. united kingdom copyright, designs and patents act 1988, § 9(3). wang, y., & zhang, j. (2024). beijing internet court grants copyright to ai-generated image for the first time. kluwer copyright blog. https://copyrightblog.kluweriplaw. com/2024/02/02/beijing-internet-court-grantscopyright-to-ai-generated-image-for-the-first-time/ pa ge 1 pa ge 55 american journal of society and law ( ajsl) from structure to meaning: gendered communication in philippine political landscapes daniel geranco1*, evangeline alvarez1, shiryl ytoc1 volume 4 issue 1, year 2025 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v4i1.4436 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: january 31, 2025 accepted: march 03, 2025 published: may 08, 2025 this study examines sentence structures of chomsky and communication styles of male and female senators through tannen’s genderlect theory. the research reveals that male senators predominantly use simple sentences (26 occurrences), complex sentences (14 occurrences), and compound sentences (7 occurrences). in contrast, female senators favor varied structure, including compound-complex sentences (7 occurrences), simple sentences (23 occurrences), complex sentences (6 occurrences), and compound sentences (5 occurrences). furthermore, the frequencies of genderlect styles in male and female senators reveal distinct communication. the information vs. feelings is the most frequently occurring category, with a total of 111 occurrences. furthermore, the conflict vs. compromise follows, with a total of 50 occurrences. in the status vs. support, female senators recorded 10 occurrences compared to six occurrences among male senators. a similar trend is observed in advice vs. understanding where female senators registered seven occurrences, significantly higher than the one occurrence among male senators. in addition, the orders vs. proposals shows a relatively balanced distribution, with six occurrences among male senators and four among female senators. lastly, independence vs. intimacy recorded the least number of occurrences, with only one instance, observed in male senators. the findings reveal that both genders adjust their linguistic choices based on political context, demonstrating flexibility in communication strategies. the study concludes that gender significantly influences discourse patterns, with male senators prioritizing assertiveness and status assertion, while female senators emphasize inclusivity and engagement. future research should explore how these linguistic differences affect public perception, media representation, and policy outcomes in political communication. keywords genderlect communication style, political discourse, structural analysis, transformationalgenerative grammar 1 agusan del sur state college of agriculture and technology, philippines * corresponding author’s e-mail: dgeranco89@asscat.edu.ph introduction imagine sitting in a senate hearing and watching how politicians speak – it is like navigating a complex linguistic minefield where every word can make or break public trust (teimouri, 2024; wajdi & asrumi, 2024). female senators especially find themselves in a no-win situation, where speaking up too strongly can make them seem aggressive, but being too soft makes them appear ineffective (crittendon, 2024). recent studies show that women politicians have become incredibly skilled at a delicate communication dance, carefully balancing assertiveness and empathy to overcome deep-rooted gender stereotypes in political spaces (martinez & liu, 2024). on the other hand, male senators are more direct and directly point to being aggressive when it comes to their utterances (jacobi & schweers, 2017). the way politicians communicate is like an intricate chess game, where language becomes a powerful tool for establishing credibility and connection (grice, 1991). every sentence is a strategic move, carefully crafted to build trust, demonstrate expertise, and connect with different audiences (lakoff, 2017). hence, breaking down these communication patterns uncover how gender shapes the very way political leaders speak, revealing the hidden rules that can make or break a politician’s public image (west & zimmerman, 2019). current literature highlights the role of language in framing public perception, with sentence structures playing a crucial role in determining message tone, clarity, and effectiveness (lusk, 2023; the role of syntax in effective communication, 2024). studies on political discourse have examined how officials use language strategies to convey authority, empathy, or assertiveness, reflecting underlying ideologies and social contexts (taubaldiyev et al., 2024; saaida, 2023). scholars also emphasized that language choice is not neutral, often being purposefully tailored to address specific audiences or convey a particular stance (van dijk, 2009; fairclough, 2013; buarqoub, 2019). smith (2019) argues that gendered performance becomes highly visible, with male politicians often displaying more assertive and authoritative tones, while female politicians tend to incorporate strategies that highlight empathy and inclusivity (johnson & boylorn, 2015). these findings align with studies of shaw (2020) and talbot (2019), which shows that women in politics commonly adopt a more collaborative language style to create a relational tone. despite the growth of studies, few explore the specific linguistic patterns and sentence structures used by male and female senators in the philippines. addressing this gap is critical, as sentence structure may influence how these senators convey power, empathy, and authority within the linguistics landscape. in addition, this research significantly aligns with the united nations’ sustainable pa ge 56 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 development goal (sdg) 5 on gender equality, particularly in political representation and communication of women in the government. also, it addresses the implications of these language choices in promoting transparency, inclusivity, and effective governance, aligning with sdg 16 on promoting peaceful, just, and inclusive societies. additionally, sdg 11, sustainable cities and communities, aligns with broader objectives of promoting inclusive and resilient communities as how senators communicate with audiences contribute to understanding practices that foster inclusive and sustainable public engagement. furthermore, the study supports sdg 4 quality education by aiming to enhance understanding of equitable communication practices, encouraging accessible language that promotes inclusivity and lifelong learning opportunities through public discourse. lastly, this study contributes to broader understandings of gendered political communication as it examines how male and female senators construct their public personas linguistically. this analysis enhances the discourse in linguistics and political communication by shedding light on the ways language strategies employed by the senators which shape both public engagement and perceptions on how gender affects the presentation of political authority and accessibility. theoretical lens this study is anchored in the analysis of sentence structure of noam chomsky and genderlect style theory of deborah tannen which offers a linguistic and socio-political lens for examining how senators construct their messages to convey authority, empathy, and public engagement. sentence structure analysis provides the linguistic foundation for this study by categorizing and analyzing the types of sentences used—simple, compound, complex, and compound-complex—and examining their syntactic features (yu, 2021). sentence structure plays a critical role in determining messages’ clarity, tone, and relatability (mccoy, 2024), where immediacy and brevity are valued. assessing these structures explores how the choice of sentence type and complexity affects message accessibility and audience engagement of the senator during senate hearings. furthermore, the genderlect theory, developed by deborah tannen (2015), posits that men and women have distinct communication styles shaped by socialization and cultural expectations. one core tenet is the status vs. support dynamic, where men use language to establish dominance and independence, while women seek affirmation and connection. similarly, the independence vs. intimacy principle suggests that men prioritize autonomy, often making unilateral decisions, whereas women value collaboration and consultation. another key aspect is advice vs. understanding, wherein men tend to offer solutions in conversations, viewing dialogue as a problem-solving mechanism, whereas women seek emotional validation and empathy instead. the information vs. feelings distinction further highlights that men focus on conveying facts and achieving objectives, while women emphasize emotional expression and rapport-building. another fundamental component of genderlect theory is the contrast between orders vs. proposals, where men typically give direct commands, reflecting hierarchical communication, whereas women phrase requests as indirect suggestions to foster consensus. additionally, the conflict vs. compromise principle illustrates that men are more comfortable with confrontation and assertiveness in debates, whereas women often seek to mediate and maintain relational harmony. these distinctions provide insight into gendered communication across various settings, from workplaces to personal relationships. although the theory has faced criticisms for reinforcing binary distinctions and overlooking cultural variations, it remains a valuable lens for understanding and improving gendered discourse. recognizing these patterns can help bridge communication gaps and foster more effective interactions between men and women. these frameworks analyze gender interactions among philippine senators by examining sentence complexity and syntactic features, highlighting their impact on clarity, tone, and audience engagement. together, these frameworks offer valuable insights into the interplay between language, gender, and power dynamics in formal political discourse, contributing to broader discussions on communication strategies and their role in shaping public and political engagement. research questions this study explores gendered conversations by analyzing sentence structures and identifying the conversational maxims to reveal patterns in linguistic and pragmatic behavior of the politicians, particularly; 1. what types of sentence structures are commonly used by participants of different genders? 2. how is the genderlect style theory reflected in the discourse of male and female senators? literature review this review examines how politicians use language on social media to balance authority and relatability, highlighting sentence structure as a key factor in shaping tone, clarity, and public perception within gendered expectations of political communication. linguistic strategies in political communication the structure of sentences is foundational in shaping tone and conveying clarity in political communication (ikrambayevna, 2024). halliday’s functional grammar (1994) suggests that simple, compound, and complex sentences each have unique communicative functions that can project clarity, assertiveness, or nuance. politicians who employ shorter, straightforward sentence structures often appear more relatable and accessible, as pa ge 57 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 shown by heavey et al. (2020), who noted that simplified language tends to garner stronger public engagement due to its immediate clarity. for both male and female senators, the choice of sentence structure can convey authority, relatability, or approachability, aligning with the rapid and concise nature, for example in social media communication. the rise of social media has redefined political communication (determ, 2024), allowing politicians to reach a broader audience, where the audience would see how the politicians use effective communication. scholars emphasized that the social media creates a unique space where political figures can project a blend of authority, relatability, and immediacy (gbadamosi, 2024; mccusker, 2015). this “hybrid” political persona is facilitated by the platform’s ability to support both official and personal messaging styles. studies of lewis (2022) and engelbert et al. (2022) suggest that politicians with clear and engaging sentence structures are more likely to foster a sense of trust and openness among followers, which in turn enhances audience interaction and promotes transparency in governance. politicians who adopt a straightforward style, characterized by shorter sentences and simplified language, tend to attract higher engagement, suggesting that sentence structure plays a crucial role in public reception and credibility, particularly on social media (wolfsfeld, 2022; talbot, 2019; sahly et al., 2019). effective political communication relies on an engaging and accessible tone, with sentence structures that resonate with diverse audiences (perloff, 2021; wolfsfeld, 2022). hence, there should be a balance between formality and informality, for example on social media with successful posts often using simple, dynamic sentence structures to maintain audience interest (ikrambayevna, 2020; calude, 2023). rastelli (2024) and speechly (2019) emphasize that shorter sentences and clear syntax enhance readability, making the message more effective in the fast-paced digital environment. additionally, prior, (2019) and kahne and bowyer (2018) distinguished that politician who employ accessible language and direct sentence structures see higher engagement rates, as this aligns with digital audience expectations for quick and digestible information. for both male and female senators, finding the balance between relatability and authority is essential for fostering a positive online presence gendered communication styles research on gendered language patterns reveals that male and female politicians often adopt distinct linguistic strategies to fulfill societal expectations (jones, 2016; walsh, 2016; talbot, 2019). according to mcgee (2023), language use among women often includes softer, more polite expressions, shaped by cultural norms that expect women to maintain a non-aggressive tone. crittendon (2024) noted that female politicians tend to blend assertiveness with inclusivity, using language that fosters collaboration and connection. these tendencies manifest in sentence structure, where women might employ conditional phrases or inclusive language to create a balanced tone, whereas men may favor more declarative or direct structures that project authority (cameron, 2023; murray & starr, 2018). in the philippines, lei (2019) observed that female politicians often use sentence structures that align with cultural expectations of femininity, such as conveying humility and empathy. male politicians, in contrast, may employ more assertive language, projecting strength and directness (parmanand, 2020). these gendered strategies impact public perception, as female senators often balance authority with approachability, while male senators may use language that reinforces traditional perceptions of political power. furthermore, women’s communication often aims to build rapport, foster connections, and seek consensus, while men’s communication tends to assert dominance, emphasize individuality, and focus on conveying information or “reporting.” studies by kim and del prado (2019) and chenfeng et al. (2017) support these observations, showing that women frequently use supportive and relational language to maintain harmony in conversations. this aligns with their tendency to ask questions, provide affirmations, and share personal experiences. conversely, men’s communication often demonstrates assertiveness, with a focus on achieving goals and maintaining authority, frequently evident in direct commands, challenges, or expressions of independence (angelakis et al., 2024). in political discourse, these gendered patterns become more pronounced, as public platforms demand both collaboration and assertiveness. research by robinson (2024) on gendered speech in professional settings suggests that women in leadership roles often blend relational and assertive strategies to navigate power dynamics effectively. meanwhile, men predominantly employ assertive and fact-focused language to establish authority (guirguis & van doorn-harder, 2022). such dynamics are evident in legislative debates, where male speakers often emphasize reporting facts and asserting dominance (atkinson & windett, 2019), while female speakers balance relational engagement and supportiveness (nugent, 2019). these contrasting styles can sometimes lead to misunderstandings, particularly in high-stakes discussions, underscoring the need for greater awareness of how gender influences communication. transformational-generative grammar and political discourse noam chomsky’s transformational-generative grammar (tgg) offers a powerful lens to analyze how sentence structures in political communication are generated and transformed to shape public perception (harris, 2021). chomsky’s theory explains how deep structures (the underlying meanings of sentences) can be transformed into surface structures (the sentences we speak) through various syntactic rules. recent studies have pa ge 58 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 demonstrated that politicians strategically manipulate these transformations to influence tone, clarity, and authority. for example, the use of passive voice can obscure responsibility, as shown in the works of hansson (2015) and ellis (2021), where political figures employed passive constructions to deflect blame or avoid direct confrontation. additionally, embedded clauses and complex sentence structures can introduce nuance, as demonstrated by kang (2024), who found that politicians who used more complex sentence forms appeared more knowledgeable and authoritative. these syntactic manipulations can influence how political messages are perceived, shaping the interaction between a politician and their audience, with implications for how authority and relatability are constructed. furthermore, tgg also provides valuable insights into how gender influences syntactic choices in political discourse. research by mcgee (2023) and crittendon (2024) highlights that women politicians often employ more complex sentence structures, utilizing transformations such as embedded clauses, conditionals, or indirect speech to convey inclusivity and collaboration, aligning with societal expectations of femininity. in summary, the use of language in political discourse, particularly through the lens of transformationalgenerative grammar, reveals how sentence structures shape authority, clarity, and relatability. chomsky’s theory of syntactic transformations allows for a deeper understanding of how politicians, through conscious manipulation of sentence structures such as passive voice or embedded clauses, can influence public perception. gendered language patterns further complicate this analysis, as female politicians often employ more complex and inclusive sentence structures to balance approachability with authority, while male politicians favor direct, assertive constructions. findings from various studies underscore the role of sentence structure in crafting political messages, with gendered strategies serving to reinforce societal norms around power and communication. therefore, a thorough examination of both syntactic strategies and gendered language patterns in political communication reveals the significant influence of sentence structure in shaping the political narrative and public engagement, highlighting the dynamic relationship between language, gender, and political authority. materials and methods this study adopts a qualitative research design to examine the gendered sentence structures gender communication styles used by male and female senators in political discourse. descriptive analysis approach, by definition, is defined as a process of summarizing, organizing, and interpreting data to provide a clear and detailed account of a phenomenon or subject under investigation (mezmir, 2020). it focuses on describing the data as it is, without manipulating or deeply theorizing the findings. hence, the study aims to identify, classify, and compare these sentence structures and gender common across various political discourses. this research design facilitates an in-depth understanding of language use in real-world political contexts, particularly in how gender shapes political figures’ communication tactics. furthermore, the primary research material consists of transcriptions from four distinct political discourses involving male and female senators, including debates on farmlands being converted into subdivisions, heated senate hearings, and exchanges involving prominent senators in the philippines. these materials were selected for their relevance to gendered communication in political settings and for representing a variety of sentence structures. after transcribing the discourses, the sentences were coded and analyzed to categorize them into different types and evaluate their use in expressing authority, collaboration, or strategic ambiguity. ultimately, the analysis provides a comprehensive understanding of how gender influences the communication styles of male and female senators. results and discussion the present study analyzes the sentence structures of male and female senators wherein this section divides into two sub-sections: 1) types of sentence structures commonly used by participants of different genders, and 2) the genderlect theory in the discourse of male and female senators. this analysis not only reveals the linguistic strategies employed by the senators but also provides insight into their communication styles, which are influenced by both their gender and the political context. types of sentences structures commonly used by participants of different genders the examination of sentence structures used by male senators shows a varied use of simple, compound, and complex sentences. simple sentences appear most frequently (26 frequencies) followed by complex sentences (14 frequencies). compound sentences, with seven frequencies, are also present but in fewer figure 1: types of sentences used by male and female senators pa ge 59 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 instances. notably, no occurrences of compoundcomplex sentences are observed in their discourse. on the other hand, the analysis of sentence structures used by female senators reveals that simple sentences that the most predominantly used in the conversation with 23 frequencies. notably, compound-complex sentences are used with considerable occurrences with seven frequencies. and the complex sentences are frequently employed (six frequencies), while compound sentences appear less often with only five frequencies. male senators’ sentence structures simple sentences one of the most commonly used sentence structures by male senators is the simple sentence, which consists of a single independent clause (ic). example, male speaker t1-p1l34 says “i’m not a businessman.” (simple – single independent clause) figure 3 shows the sentence is divided into two main components, the np (noun phrase) and the vp (verb phrase). the np serves as the subject and has pronoun “i”. the vp represents the predicate of the sentence and is broken in three parts. first, the v (verb) is “am”, which functions as a linking verb. second, the advp (adverbial phrase) contains “still”, as an adverb modifying the verb. lastly, the np acts as the complement of the verb and includes two components, the determiner “the” and noun “chairman”. compound sentences as example, male speaker t4-p9l242 says “i apologize of my word but mr. president people died here.” (compound sentence) – the use of a compound sentence is connected by a coordinating conjunction, “but” which is implied but explicitly stated. “i apologize of my word” and “mr. president people died here.” figure 4 notes the sentence is composed of two independent clauses connected by the coordinating conjunction “but”. the first clause consists of a noun phrase (np) with the pronoun “i,” followed by a verb phrase (vp) containing the verb “apologize” and a prepositional phrase (pp), which includes the preposition “of ” and a noun phrase (np) with the determiner “my” and the noun “word.” the second clause features an adjective phrase (adjp) “mr. president” and a sentence (s) containing a noun phrase (np) with the noun “people” and a verb phrase (vp) with the verb “died” followed by an adverbial phrase (advp) “here.” figure 2: tree diagram of simple sentence (l34) figure 2 shows simple sentence is divided into two main components, the np (noun phrase) and the vp (verb phrase). the np serves as the subject of the sentence and consists of the pronoun “i”. the vp represents the predicate of the sentence and is further divided into three parts. first, the v (verb) is ‘am’, which functions as a linking verb. second, the advp (adverbial phrase) contains the word “not”, which serves as a negation. finally, the np acts as the complement of the verb and includes two components, the det (determiner) “a” and the noun “businessman”. as such, this is a direct, straightforward statement providing basic personal information. the simplicity of the sentence here allows the participant to firmly establish his identity and position within the conversation, setting the tone for the points he figure 3: tree diagram of simple sentence (l131) will continue to make. another example, male speaker t2-p4l131 says “i’m still the chairman.” (simple – single independent clause). figure 4: tree diagram of compound sentence (l242) pa ge 60 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 in addition, male speaker t3-p5l219 states “i also apologize for my behavior mr. president; we’ve known each other since 1998.” this compound sentence with two independent clauses is connected by a semi-colon “;” which doesn’t need connecting words to connect the sentences (samanci, 2010) figure 5: tree diagram of compound sentence (l219) figure 5 displays the sentence consists of two coordinated clauses. in the first clause, “i also apologize for my behavior, mr. president,” the noun phrase (np) “i” serves as the subject, and the verb phrase (vp) “also apologize” includes the adverb “also” modifying the verb “apologize.” the prepositional phrase (pp) “for my behavior” acts as a complement, with “my behavior” as the noun phrase. the phrase “mr. president” functions as a direct address. in the second clause, “we have known each other since 1998,” the np “we” is the subject, while the vp “have known” consists of the auxiliary verb “have” and the main verb “known.” the noun phrase “each other” serves as the object, and the prepositional phrase “since 1998” indicates the time frame, with “1998” as the object of the preposition. complex sentences complex sentences combine an independent clause with one or more subordinate clauses (dc), allowing for more nuanced explanations or expansions of an argument. for example, male speaker t4-p9l226 states “i don’t think that the gentlemen from iloilo understand what is boxing.” this sentence allows participant t4-p9 to present clear point while also offering justification for his perspective. figure 6: tree diagram of complex sentence (l226) as shown in figure 6, the sentence is composed of an independent clause (ic) and a dependent clause (dc). the ic consists of the noun phrase (np) “i” as the subject and the verb phrase (vp) “don’t think,” which includes the adverb phrase “don’t” which has do (aux) and not (adverb of negation) and the verb “think.” the dc begins with the complementizer “that” and contains its own sentence structure. the subject of the dc is the np “the gentleman from iloilo,” which includes the determiner “the,” the noun “gentleman,” and the prepositional phrase (pp) “from iloilo.” the predicate of the dc is the vp “understand what is boxing,” where “understand” is the main verb, and “what is boxing” serves as an embedded noun clause. this embedded clause contains the pronoun “what” as its subject and the vp “is boxing,” where “is” is the linking verb and “boxing” is the predicate adjective. female senators’ sentence structures simple sentences the current study found out that female senators, like their male counterparts, use simple sentences to convey straightforward ideas. example, female speaker t1-p2l8 says “we only buy in cities and capital towns.” (simple – single independent clause) pa ge 61 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 the sentence begins (as show in figure 7) with the noun phrase (np) “we,” which serves as the subject, followed by the verb phrase (vp) “only buy.” the adverbial phrase (advp) “only” modifies the main verb “buy,” indicating exclusivity. the prepositional phrase (pp) “in cities and capital towns” acts as a modifier, specifying the location of the action. within the pp, the preposition “in” introduces the compound noun phrase (np) “cities and capital towns,” where “cities” is a noun, and “capital towns” is formed by the adjective “capital” modifying the noun “towns.” the coordinating conjunction “and” links the two elements in the compound noun phrase. another example, female speaker t2-p3l162 says “we are in the process of reviewing everything.” figure 8 shows that the sentence begins with the noun phrase (np) “we,” which serves as the subject, followed by the verb phrase (vp) “are,” linking the subject to the predicate. the prepositional phrase (pp) “in the process” specifies the state or condition, with “in” as the preposition and “the process” as the noun phrase comprising the determiner “the” and the noun “process.” this is further modified by the prepositional phrase (pp) “of reviewing everything,” where “of ” is the preposition, and “reviewing everything” acts as an adjective phrase (adjp). in this phrase, “reviewing” functions as a gerund (verbal adjective), with “everything” as its object. figure 7: tree diagram of simple sentence (l8) figure 8: tree diagram of simple sentence (l162) compound sentences female senators frequently use compound sentences, linking related ideas to provide a more coherent and contextual understanding of an issue. example, female speaker t1p2l57 says “we have to pay higher interest for those loans, so, it will be a loss for the philippine government.” figure 9: tree diagram of compound sentence (l57) pa ge 62 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 the compound sentence as shown in figure 9, states the first independent clause, “we have to pay higher interest for those loans,” consists of the subject “we” (np), the verb phrase “have to pay” (vp), which includes the auxiliary verb “have,” the infinitive marker “to,” and the main verb “pay.” the direct object “higher interest” (adjp) is modified by the adjective “higher,” while the prepositional phrase “for those loans” provides additional context, with “those” as the determiner and “loans” as the noun. the coordinating conjunction “so” connects this clause to the second independent clause, “it will be a loss for the philippine government.” in this clause, the subject “it” (np) is followed by the auxiliary verb “will,” the main verb “be,” and the complement “a loss” (np). the prepositional phrase “for the philippine government” adds specificity, with “the” as the determiner, “philippine” as the adjective, and “government” as the noun. complex sentences complex sentences are more frequently used by female senators, as they allow for deliberation, justification, and reasoning within a single utterance. example, female speaker t1-p2l6 says “i want to tell you that we don’t buy agricultural land in the provinces.” the complex sentence (figure 10) begins with the independent clause (ic), where the subject “i” (np) is followed by the verb “want” (v) within the verb phrase (vp), which includes an infinitive phrase (infinitivep) containing “to” (infinitive marker) and the verb “tell,” with “you” (np) as its object. the dependent clause (dc), introduced by the complementizer “that,” serves as the object of “tell” and contains the subject “we” (np), the adverb phrase “don’t,” which has the auxiliary “do” and the adverb of negation “not” and the main verb “buy” (v) within the vp. the object of “buy” is “agricultural land,’ where “agricultural” (adj) modifies “land” (n), and the prepositional phrase (pp) “in the provinces” provides locative information, with “in” (pre) as the preposition and “the provinces” (np) as its object. figure 10: tree diagram of complex sentence (l6) compound-complex sentences female senators, on the current study, often employ complex sentences with conditional clauses to discuss possible outcomes, scenarios, or hypothetical situations. example, female speaker t1-p2l28 says “muntinlupa became a city, so, we finally develop our chicken farm because it is eight hectares.” figure 11: tree diagram of compound-complex sentence (l28) figure 11 illustrates the main clause, “muntinlupa became a city,” consists of a noun phrase (muntinlupa) as the subject and a verb phrase (became a city) as the predicate. it is connected to a second clause, “we finally develop our chicken farm,” by the coordinating conjunction “so.” this clause includes the pronoun we as the subject, the verb “develop” modified by the adverb finally, and the noun phrase our chicken farm as the direct object. the subordinating conjunction “because” introduces the final clause, “it is eight hectares,” which contains the pronoun it as the subject, the linking verb is, and the adjective phrase eight hectares serving as the predicate nominative. pa ge 63 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 the genderlect theory in the discourse of male and female senators the frequencies, as shown in figure 12, of genderlect styles in male and female senators reveal distinct communication patterns based on tannen’s genderlect theory. the information vs. feelings is the most frequently occurring category, with a total of 111 occurrences (62 male, 49 female). this suggests that both genders frequently engage in conversations that convey either information or emotional expression, though male senators tend to lean more toward providing information. furthermore, the conflict vs. compromise category follows, with a total of 50 occurrences (33 male, 17 female). this indicates that males are more inclined to engage in conflictdriven communication, while females tend to adopt a more compromising approach. in the status vs. support category, female senators recorded 10 occurrences compared to six occurrences among male senators, suggesting that females tend to use language to seek support, whereas males are more likely to use it to assert status. a similar trend is observed in advice vs. understanding where female senators registered seven occurrences, significantly higher than the one occurrence among male senators. this aligns with the idea that women often prioritize understanding and empathy in conversations, while men tend to offer direct advice less frequently. in addition, the orders vs. proposals category shows a relatively balanced distribution, with six occurrences among male senators and four among female senators. this indicates that both genders utilize direct commands or indirect suggestions in communication. lastly, independence vs. intimacy recorded the least number of occurrences, with only one instance, observed in male senators. this suggests that, in this dataset, independenceoriented communication was not a common feature, particularly among females. figure 12: occurences of genderlect styles in male and female senators information vs. feelings this category appears most frequently in the discourse of both male and female senators. male senators primarily use factual statements to present evidence, reinforce arguments, and clarify positions. for example, statements in t1-p1l1 and t1-p1l46: “lumiliit ng lumiit po ang ating farmland.” (our farmland is getting smaller and smaller.) “so, mura po ‘yong mga bigas na dumarating dito.” (so, the rice that arrive are low in price.) these utterances emphasize logical reasoning and provides additional factual information to support his argument rather than emotional appeals. on the other hand, female senators also use information-based language but often contextualize their points through explanatory narratives or personal anecdotes. a notable example is when female speaker says t1-p2l27: “i remember we have, when i was young, a big chicken farm in muntinlupa.” this indicates that while both genders use informationdriven statements, women tend to integrate experiences or broader contextual framing, rather than simply stating facts. hence, these suggests that men typically use language to report facts, while women use it to establish relationships and convey emotions. however, in the senate, where discussions require fact-based arguments, female senators still prioritize contextual explanations rather than outright factual assertions. this aligns with the idea of tannen that while men emphasize direct facts, women embed these facts in narratives that make them more relatable. status vs. support this highlights that male senators assert authority, whereas female senators seek to reinforce credibility. male senators often reestablish their status in a conversation, as seen in statements on t1p1-l21 and t2-p4l130: “regardless. ang pinag-uusapan po natin…” (regardless. we are talking about...) “i’m still the chairman.” these statements reinforce hierarchy and dominance, hence, reasserts the focus of the conversation without backing down. female senators, however, demonstrate status through justification rather than outright assertion. for example, female speaker says in t1-p2l48 and t1p2l63-64: “i wrote the rice tariffication law.” “so that is eight billion, so a total of 18 billion which is the collection of the rice tariffication law na rice tariff.” these statements emphasize expertise particularly the role in policymaking, thus reinforcing authority and expertise but do not completely dismiss the listener’s viewpoint. further, reinforcing the knowledge on the financial distribution with further details and concludes the financial explanation with a summary. according to the genderlect theory, men tend to use language to pa ge 64 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 establish dominance, while women use language to seek mutual agreement. however, in political discourse, female senators do not necessarily seek affirmation but rather establish authority through expertise and explanation. the findings suggest that while men reinforce their hierarchical position, women legitimize their authority through knowledge-sharing. orders vs. proposals this core tenet reveals a significant difference in how directives are given. male senators tend to issue direct orders that demand immediate responses, such as in t1p1l3 and t2-p2l164: “ano pong ginagawa ng da tungkol dito?” (what does the da doing about it?) “kailan matatapos ‘yong building?” (when will the building be finished?) these statements directly demand action and accountability, reflecting a hierarchical communication style. in contrast, female senators also make requests but often frame them as proposals or inquiries rather than direct orders. for example, when female speaker says in t2-p3-l84: “dumadaan ba sa inyo ang pera ng land cost?” (does the money for the land cost go through you?) this shows an attempt of the female speaker to engage the listener in dialogue by demanding accountability through asking for financial documentation rather than issue outright commands. on this view, tannen argues that men use direct, goal-oriented language, while women employ inclusive, participatory speech. in senate discourse, this means male senators frame their speech in a way that asserts control, while women phrase questions in a way that encourages collaboration. however, in highly contentious discussions, female senators also adopt a more assertive tone asserted on the given example, showing that genderlect styles are not entirely rigid. advice vs. understanding male and female senators’ approach advice-giving differently. wherein, male senators tend to advocate for policies and assert solutions, as seen in statement t1p1l16: “kaya nga po ‘yon ang dahilan kung bakit gusto ko ng maipasa na po ang national land use act.” (that is exactly the reason why i want the national land use act to be passed.) this presents a firm stance without inviting discussion. on the other hand, female senators provide rational explanations rather than rigid directives, as seen in t1p2l31: “if somebody will buy your land at a bigger amount, maybe you can sell and buy another land that is cheaper somewhere else and build your farm there.” female senators frame solutions in a way that allows room for consideration and discussion instead of demanding action. as such, genderlect theory posits that men give advice to establish expertise, whereas women prioritize understanding and validation. this is evident in the senate discourse, where men present solutions as mandates, while women offer them as rational options, ensuring engagement rather than imposition. conflict vs. compromise the study highlights those men approach disagreements as debates to be won, while women prioritize maintaining relationships. the data supports this, as male senators frequently challenge opponents in a confrontational manner, engage in direct confrontation and assertiveness, often using aggressive rhetorical strategies in statements t2-p4l96 and t2-p4l123: “so, anong problema?” (so, what is the problem?) “mali nga kasi ang sinabi niya, hindi 5.7, it was 7 point something.” (what he said was incorrect, it’s not 5.7, it was 7 point something) these statements dismiss opposing views outright and establish dominance by challenging the issue and presenting a direct confrontation, and corrects the misinformation, providing a factual statement. female senators, however, demonstrate disagreement while maintaining diplomacy. examples when female speaker says t1-p2l41 and t1-p2l43: “i tend to disagree with you.” “and where were the people live if you don’t build subdivision?” the female speaker expresses opposition while maintaining politeness, avoiding direct confrontation. further, the female speaker questions the practicality of opposing land development and presenting an argumentative standpoint. this shows that while female senators generally prefer compromise, and they adopt more assertive language when necessary and attempts to soften their rebuttals. independence vs. intimacy this core tenet is less frequent but still relevant. male senators emphasize autonomy and individual decisionmaking, as seen when male speaker says in t1-p1l44: “marami pong mga lugar na pwedeng pagtayuan ng subdivision, huwag lang po e take-over ‘yong mga farms.” (there are many places where subdivisions can be built, just don’t take over the farms.) this suggests a focus on self-reliance and independence from external influences and over collective decisionmaking. in senate discourse, this is evident in how male senators argue for individual decision-making. summary in summary, study examines the sentence structures used by male and female senators to identify linguistic patterns and communication styles. findings show that male senators predominantly use simple sentences, followed by complex and compound structures, while female senators frequently employ complex and compound-complex sentences alongside simple ones. furthermore, the analysis aligns with deborah tannen’s genderlect theory pa ge 65 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 suggests that men prioritize information-sharing and status assertion, whereas women integrate relational and explanatory elements into their discourse. male senators often issue direct orders and engage in confrontational dialogue, while female senators frame their directives as proposals and maintain a more diplomatic tone. however, both genders adapt their speech depending on the political context. the research further reveals that male senators emphasize autonomy and control in their speech, whereas female senators focus on collective decision-making and relational engagement. male discourse is marked by dominance and direct factual reporting, as seen in their preference for simple and compound sentences. in contrast, female senators embed facts within narratives, fostering inclusivity and persuasion. the study confirms that men typically frame their arguments as competitive debates, while women prioritize compromise and elaboration. these findings reinforce genderlect theory’s core principles, demonstrating that while male and female senators exhibit distinct communication strategies, they also adapt their linguistic choices based on situational demands and rhetorical goals. conclusion this study highlights the distinct linguistic strategies employed by male and female senators in their discourse, emphasizing the influence of gender on communication styles. male senators tend to use direct, assertive, and factdriven language, while female senators integrate relational and explanatory approaches. however, the ability of both genders to adapt their language to political contexts suggests that discourse strategies are influenced not only by gender but also by situational factors. the findings provide valuable insights into how language shapes power dynamics and communication effectiveness in political settings. future research should explore the implications of these linguistic differences on legislative decision-making and policy development. further studies can also examine how these gender-based communication styles affect public perception and media representation of senators. additionally, training programs can be developed to enhance effective communication strategies among politicians, ensuring that both assertiveness and inclusivity are balanced in political discourse. references angelakis, a., inwinkl, p., berndt, a., ozturkcan, s., zelenajova, a., & rozkopal, v. (2024). gender differences in leaders’ crisis communication: a sentiment-based analysis of german higher education leaderships’ online posts. studies in higher education, 49(4), 609-622. atkinson, m. l., & windett, j. h. (2019). gender stereotypes and the policy priorities of women in congress. political behavior, 41, 769-789. buarqoub, i. (2019). language barriers to effective communication. redalyc. https://www.redalyc.org/ journal/279/27962177008/html/ calude, a. s. (2023). the linguistics of social media: an introduction. taylor & francis. cameron, d. (2023). language, sexism, and misogyny. taylor & francis. chenfeng, j., kim, l., wu, y., & knudson‐martin, c. (2017). addressing culture, gender, and power with asian american couples: application of socio‐ emotional relationship therapy. family process, 56(3), 558-573. crittendon, s. l. (2024). a seat at the table: examining the communicative strategies of african american female politicians (doctoral dissertation, regent university). determ. (2024, may 31). how social media is transforming political communication. determ. https://determ.com/ blog/how-social-media-is-transforming-politicalcommunication/ department of economic and social affairs. (n.d.). goal 16. https://sdgs.un.org/goals/goal16 department of economic and social affairs. (n.d.). goal 5. https://sdgs.un.org/goals/goal5 ellis, r. j. (2021). presidential lightning rods: the politics of blame avoidance. university press of kansas. engelbert, l. h., van elk, m., kandrik, m., theeuwes, j., & van vugt, m. (2022). the effect of charismatic leaders on followers’ memory, error detection, persuasion, and prosocial behavior: a cognitive science approach. the leadership quarterly, 34(3), 101656. https://doi. org/10.1016/j.leaqua.2022.101656 fairclough, n. (2013). critical discourse analysis. in the routledge handbook of discourse analysis (pp. 9-20). routledge. gbadamosi, e. (2024). the audacity of hope: examining the influences of stable persona construction on political discourse in the united states. persona studies, 10(3), 1-16. guirguis, m., & van doorn-harder, n. (2022). the emergence of the modern coptic papacy. american university in cairo press. halliday, m. (1994). an introduction to functional grammar (2nd ed.). oxford university press inc. hansson, s. (2015). discursive strategies of blame avoidance in government: a framework for analysis. discourse & society, 26(3), 297-322. harris, r. a. (2021). the linguistics wars: chomsky, lakoff, and the battle over deep structure. oxford university press. heavey, c., simsek, z., kyprianou, c., & risius, m. (2020). how do strategic leaders engage with social media? a theoretical framework for research and practice. strategic management journal, 41(8), 1490-1527. ikrambayevna, s. d. (2024). classification of functions of communicative strategy and tactics in political communication. miasto przyszłości, 50, 548-553. jacobi, t., & schweers, d. (2017). justice, interrupted: the effect of gender, ideology, and seniority at supreme court oral arguments. virginia law review, 103, 1379-1417. pa ge 66 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 4(1) 55-66, 2025 johnson, a., & boylorn, r. m. (2015). digital media and the politics of intersectional queer hyper/in/visibility in between women. liminalities, 11(1). https:// liminalities.net/11-1/ jones, j. j. (2016). talk “like a man”: the linguistic styles of hillary clinton, 1992–2013. perspectives on politics, 14(3), 625-642. kahne, j., & bowyer, b. (2018). the political significance of social media activity and social networks. political communication, 35(3), 470-493. kang, s. (2024). decoding korean political talk: from data to debate. taylor & francis. kim, a. s., & del prado, a. (2019). it’s time to talk (and listen): how to have constructive conversations about race, class, sexuality, ability & gender in a polarized world. new harbinger publications. lei, c. k. (2019). the multiplicity of identification and agency in asian rhetoric: the analysis of the us congress speeches of asian female political leaders through the feminine rhetorical style (master’s thesis, san diego state university). lewis, a. (2022, october 26). good leadership? it all starts with trust. harvard business publishing. https:// www.harvardbusiness.org/good-leadership-it-allstarts-with-trust/ lusk, j. (2023, march 22). the power of words: how language shapes our perception of the world. linkedin. https://www.linkedin.com/pulse/powerwords-how-language-shapes-our-perception-worldjames-lusk/ mccoy, j. (2024, september 9). what is grammar and why does it matter? workmind blog. https://workmind.ai/ blog/what-is-grammar/ mccusker, m. (2015, august 20). the political significance of social media. august. https://www.weareaugust. ca/blog/the-political-significance-of-social-media/ mcgee, p. (2023, august 25). the language women use in the workplace and what it means. stem women. https:// www.stemwomen.com/the-language-women-use-inthe-workplace-and-what-it-means mezmir, e. a. (2020). qualitative data analysis: an overview of data reduction, data display, and interpretation. research on humanities and social sciences, 10(21), 15-27. murray, s. e., & starr, w. b. (2018). force and conversational states. in new work on speech acts (pp. 202-236). oxford university press. nugent, m. k. (2019). when does he speak for she? men representing women in parliament (phd dissertation, rutgers university, political science). parmanand, s. (2020). duterte as the macho messiah: chauvinist populism and the feminisation of human rights in the philippines. review of women’s studies, 29(2), 1-30. perloff, r. m. (2021). the dynamics of political communication: media and politics in a digital age. routledge. prior, m. (2019). hooked: how politics captures people’s interest. cambridge university press. rastelli, s. (2024). plain language: a psycholinguistic approach. taylor & francis. robinson, c. m. (2024). the power of her voice: an interpretative phenomenological study exploring the career experiences of women middle-level leaders (doctoral dissertation, antioch university). saaida, m. (2023). the role of social media in shaping political discourse and propaganda. 3, 1-8. https:// doi.org/10.5281/zenodo.10841870 sahly, a., shao, c., & kwon, k. h. (2019). social media for political campaigns: an examination of trump’s and clinton’s frame building and its effect on audience engagement. social media + society, 5(2), 2056305119855141. https://doi.org/10.1177/2056305119855141 samanci, e. s. (2010). teaching simple and compound sentences with computers (master’s thesis, sosyal bilimler enstitüsü). shaw, s. (2020). women, language and politics. cambridge university press. smith, j. (2019). gendering political leadership: a case study of the uk, examining media and voter perceptions (doctoral dissertation, birkbeck, university of london). speechly, a. k. (2019). writing for mobile media: the influences of text, digital design, and psychological characteristics on the cognitive load of the mobile user. talbot, m. (2019). language and gender. john wiley & sons. talbot, m. (ed.). (2019). language and power in the modern world. edinburgh university press. tannen, d. (2015). genderlect styles [electronic]. in a first look at communication theory (10th ed., pp. 384–395). mcgraw-hill. https://www.afirstlook.com/docs/ genderlect.pdf taubaldiyev, m., kulmanov, s., amirbekova, a., azimkhan, y., zhonkeshov, b., utemissova, g., & ospanov, y. (2024). terminology in political discourse as a means of language representation of the image of the country. eurasian journal of applied linguistics, 10(1), 186-198. https://doi.org/10.32601/ejal.10117 teimouri, e. (2024). persuasive linguistic strategies in news media: a pragmatic study of cnn and fox news headlines and the rhetorical grammar components of their associated texts (master’s thesis, uis). the role of syntax in effective communication. (2024, september 16). ryteup. https://ryteup.com/blog/therole-of-syntax-in-effective-communication/ van dijk, t. (2009). society and discourse: how social context influences text and talk [online]. cambridge university press. wajdi, m., & asrumi, a. (2024). analysing the slogan “luber” in indonesia’s 2024 general election: a critical discourse analysis. journal of language and pragmatics studies, 3(1), 53-65. walsh, c. (2016). gender and discourse: language and power in politics, the church and organisations. routledge. wolfsfeld, g. (2022). making sense of media and politics: five principles in political communication. routledge. yu, x. (2021). a study on the role of sentence structure analysis in english learning. oalib, 08(09), 1–14. https://doi.org/10.4236/oalib.1107859 pa ge 1 pa ge 16 american journal of society and law ( ajsl) reimagining the legislative framework: a historical analysis of decolonization and public voice in india’s law-making sachin kumar1, sanjeev kumar1* volume 3 issue 2, year 2024 issn: 2835-3277 (online) doi: https://doi.org/10.54536/ajsl.v3i2.3165 https://journals.e-palli.com/home/index.php/ajsl article information abstract received: may 31, 2024 accepted: july 29, 2024 published: december 18, 2024 this scholarly inquiry delves into the historical trajectory of the legislative process in india, delving into its historical antecedents, the enduring influence of colonial governance, and the subsequent developments in the post-independence era. employing a nuanced approach that integrates historical analysis and legislative case studies, the study illuminates the persistent impact of colonial rule on india’s legal framework, characterized by laws that primarily served the interests of the imperial administration rather than addressing indigenous societal needs. through a focused examination of the sonthal parganas act of 1855, this research underscores the enduring reverberations of colonial legacies within contemporary legislation and the ongoing endeavors to rectify historical injustices. furthermore, the study scrutinizes legislative activities spanning from 2010 to 2020, offering a comprehensive portrayal of the dynamic nature of law-making in response to evolving societal challenges and aspirations. by discerning the intricate interplay between historical legacies, socio-political dynamics, and democratic participation, this investigation provides valuable insights into the formulation, amendment, and repeal of laws to address contemporary issues while upholding democratic principles in india. ultimately, this scholarly exploration contributes to a nuanced understanding of the complexities inherent in india’s legislative landscape and underscores the persistent pursuit of equitable and just governance through legislative reforms. keywords agenda of legislation, anti-social laws, colonial laws, defunct laws, legislation, post independent india, social welfare laws 1 department of history, school of social science, central university of punjab, bathinda-151401, india * corresponding author’s e-mail: sanjeevss78@gmail.com introduction the legislative process represents a whole set of ideas, processes, techniques, and institutions on which the working of a country exists. legislation consists of the word “legis” which means law and “latum” which means making. so, in simple words, the legislation is lawmaking. austin articulated that the creation of law is the responsibility of a supreme or sovereign power, and it is obligatory for individuals from all levels of society to adhere to it. india had a history of law-making from the ancient period. the law defined and regulated every aspect of life and had a religious outlook. emperors like ashoka promogulated many laws for the social welfare of the people and to enforce dhamma i.e., righteousness. also, in the medieval period rulers like alauddin khilji, sher shah suri, and akbar formulated various laws to regulate the empire and the laws mostly were peoplecentric. but when the britishers came they also enacted numerous laws, but they were foreign to the people of india and devoid of indian social values. they were derived from the english common law and victorian values and more than that they were based on political exigency and to serve the need of imperialism. while advocating for their purported civilizing mission, british colonialists held the belief that the implementation of law would organize marketplace interactions and establish a firm market economy. they believed that the law would instil concepts of individual rights and contractual freedom, which are the foundations of civilized societies. furthermore, they asserted that the law would ensure the protection of personal and property security (otter, 2012). for the colonial state, the law served as a tool and mechanism that allowed it to assert its exclusive right to the legitimate use of force. it equipped the state with legal instruments to characterize delinquency, quell dissent, and suppress any threats to its dominance (singha, 2000). so, the britisher tried to keep away the indian from the process of law-making, also because to strengthen the grip of imperialism did not allow indian participation in administration. they were not allowed to join civil and provincial service which indirectly meant participation law implementation. the present study tried to highlight the evolution of the legislative process in india while looking into such dynamics. the british had to take india in the law-making process through acts of 1892,1909. this is not to ensure indian participation but rather to serve the needs of imperialism and to keep india intact with empire. but the legislative process in a democratic sense also denotes the participation of the people and reflection of people’s aspiration, its commitment to bring social change. india got independence and drafted its constitution. but the several colonial laws continued and remained unchanged though they were irrelevant, defunct. for example, through the sonthal parganas act, 1855 the british authorities classified the santhal tribe of india as an “uncivilized race,” resulting in their exemption from the legal jurisdiction of the region. the legal statute remains in effect even after it has no relevance today and jeopardizes the principle of equality (biswas, 2014). however, the parliament has modernized law and repealed, and amended such laws to move away from pa ge 17 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 the colonial legacy. furthermore, the law is formulated by legislation according to changing needs, so there were numerous post-independent laws that were amended and repealed and new laws were framed between 2010-2020. it’s also necessary to study factors that shape the law, and the legislative process in order to trace what significant changes occur since independence in law-making itself. significance of the theme this study traces the historical development of india’s legislative process and law-making, seeking to investigate the major shifts that have transpired since the country gained independence. the influence of colonial law continues to be felt in india, impacting democratic processes. many outdated, non-functional, and anti-social laws have persisted until today. however, starting in 2014, the government of india has pinpointed numerous obsolete laws and successfully repealed 1428 of them. for instance, laws such as the beedi workers welfare fund act of 1976 and the motor vehicles (amendment) act of 2001 have been repealed, as they no longer hold relevance in today’s context (“parliament passes bill”, 2019). other acts, like the registration of foreigners’ act (1939) and the sarais act (1867), needed to be repeal. as argued by law and justice minister ravi shankar prasad in 2019, the persistence of such laws hampers the ease of doing business, living, and governance. these bills can indeed be scrapped” (parliament passes bill, 2019). indeed, delving into the motivations underlying the repeal and modification of laws by governmental bodies is essential. however, within a democratic framework, the legitimacy of law-making processes hinges on the premise of authentic democratic endorsement, ensuring that legislation mirrors the collective will of the populace (jain, 2019) .there have been various national security laws since colonial times, and new ones have been drafted and amended since independence. such laws have created dilemmas and contradictions between the security of the state and individual rights. one such act is the sedition act of 1870, section 124 a of ipc, under which sedition is an offense. initially, it was brought to suppress the voice of freedom fighters. the act stipulates that individual who, through spoken or written language, gestures, visible representations, or any other means, incite hatred, contempt, or disaffection towards the legally established government of india, shall face penalties. such penalties may include life imprisonment, along with the possibility of fines, or imprisonment for a term up to three years, coupled with fines. the act has remained unchanged since independence, and questions continued to be raised on its validity. law commission in report 2018 that “in a democracy, singing from the same songbook is not a benchmark of patriotism. people should be at liberty to show their affection towards their country in their own way. for doing the same, one might indulge in constructive criticism or debates, pointing out the loopholes in the policy of the government. expressions used in such thoughts might be harsh and unpleasant to some, but that does not render the actions to be branded seditious” (karthikeyane, 2022). the report further suggests looking into the intent of the offense is made. there are other laws pertaining to national security had been made, like the terrorist and disruptive activities (prevention) act (tada) 1985, and the pota (prevention of terrorism act, 2002), which was repealed in 2004. but replaced by the uapa unlawful activities (prevention) act, 1967, which has been amended many times till now. thus, the present study tried to highlight the “change and need” for such laws by the government. anti-social laws which had religious validity, like triple talaq, had been done away by the government through legislation to give justice to women, highlighting the change in indian legislative policy towards women. further legislative process itself has transformed in numerous dimensions since independence. numerous new parliamentary committees had been formed and their jurisdiction had changed too. the use of ict in the legislature also brought revolutionary change in the legislative process, making it more workable and accountable to the public. the legislative institutions, both at the central and state levels, have shown significant progress over the last seventy years in terms of their ability to carry out legislative activities, including the formulation of policies, decision-making processes, and distribution of financial resources. objectives of the research following are some objectives of the study on this research highlights the interplay between historical context, evolving democratic ideals, and public involvement.” these are to1. investigate the historical evolution of legislative processes during colonial india. 2. trace the evolution of legislative processes in postindependent india. 3. discuss the india’s transition away from the legacy of colonial laws. 4. examine the recent legal developments reflecting evolving indian values in justice. 5. analyse the legislative shifts in india between 2010 and 2020. 6. explore the intersection of social welfare laws with fundamental and human rights. 7. assess the factors influencing the formulation of new legislation and legislative agendas. 8. evaluate the transformative impact of legislation in india across various aspects. materials and methods the research is based on primary and secondary source of this study, and pertinent data have been gathered for this research from a variety of sources. in order to be acknowledged in related topics, the researcher uses this method to search through various articles, texts, booklets, handouts, seminar presentations, notes, newspapers, pa ge 18 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 national & international research papers, web sites, in conducting this research, i adopted the doctrinal approach and as such, the research completely relied on consultations of academic materials written on the subject area. the research method approach used historical and analytical of the ongoing process of reshaping the legal framework and the role of public voice based on field work which is through the use of questionnaires or interviews. by so doing, i concerned myself with identifying the existing gaps and ensuring that i tailor the research towards filling the identified gaps. results and discussion the themes that emerged after elaboration and refinement of categories have been analysed in detail below. the evolution of legislative processes in colonial india until the charter act of 1833, there was no distinct separation between the executive and legislative roles of the governor general’s council. the charter act of 1853 marked the first time these functions were separated, aligning with the objectives of imperialism. this led to the formation of the indian legislative council, which served as a small-scale parliament. it included four representatives from bengal, madras, bombay, and the north-western provinces, all under absolute imperial control. the decentralization of power began following the 1857 revolt. the acts of 1861, 1891, and 1909 played significant roles in shaping the legislature in colonial india. the act of 1861 introduced further devolution of power, albeit in a nominal sense. for legislative matters, the council was to be strengthened by a minimum of six and a maximum of twelve individuals, nominated by the governor general for a two-year term. at least half of these individuals were required not to hold any government office (keith, 1969).the only seats that were offered to “natives of high rank” were non-official ones. the legislation had no control over administration or financial matters and could not criticize the actions or behavior of the authorities or administration. the act also restored legislative power to madras and bombay with amending powers (keith, 1922). charles wood drew a comparison between the roles of the proposed legislative councils and the durbar (court) of an indian ruler. in this analogy, the nobles in the durbar were free to express their opinions, much like the members of the legislative councils. however, just as the ruler was not obligated to follow the advice of the nobles, the authorities were not bound by the opinions expressed in the councils. this highlights the limited influence these councils had on decision-making processes (maheta & grover, 2018). the surge of indian nationalism between 1860 and 1890significantly influenced the development of indian legislation, leading to an increase in the representation of indians (bandhopadhyay, 2004). the act stipulated that the central legislation should have no less than sixteen additional members. the governor-general, with the approval of the secretary of state in council, was responsible for establishing the regulations for the nomination of these additional members. in a similar vein, provincial legislation was also granted the power to question the executive. a significant aspect of the act was the introduction of an element of election in central legislation. the central legislation was required to include elected non-official members. these members, five in total, were to be individually selected by the non-official members of the provincial legislatures of madras, bombay, bengal, and the north-western provinces. in addition, the calcutta chamber of commerce was to elect one non-official member. this act played a crucial role in the evolution of legislation. however, the act faced criticism. the so-called right of election to the legislatures, enjoyed by local bodies and other electorates, was essentially a nomination process controlled by these bodies. the government had the final say in accepting or rejecting these nominations. this aspect of the act was seen as a limitation to the democratic process” (maheta & grover, 2018). the act of 1892 fell short of meeting the expectations of the indian populace. as a result, the british introduced a series of significant changes in legislation through the act of 1909, also referred to as the minto-morley reform. the most notable feature of this reform was the augmentation of the representative component in the legislative councils and the expansion of their powers. this marked a pivotal moment in the evolution of the legislative process in india (keith, 1969). the number of members in the central legislation was increased from 16 to 60. the legislation now comprised of 37 official and 32 non-official members. out of the 32 non-official members, 27 were elected. however, the representation was not based on territories, but rather on class and interest. the 13 members were chosen by the legislative councils, 6 by landholders, 5 by the muhammadans of the larger provinces, 1 by muhammadan landholders, and 2 by chambers of commerce. this change in representation marked a significant shift in the legislative process (keith, 1969). similarly, the provincial legislative council was enlarged like bombay by 47. the act did establish a majority of non-official members in the provincial legislatures. however, a significant number of these non-official members were appointed by the governor, which effectively kept the council under government control. the act did grant members of the legislature the right to discuss the budget, and they were also allowed to ask supplementary questions. this marked a step towards greater legislative participation, although the overall control still remained with the government. this highlights the limited influence these councils had on decision-making processes. pa ge 19 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 the power of the members was limited in that they could move resolutions on financial matters, but they did not have the authority to vote. they were also barred from discussing the indian government’s foreign relations, its interactions with indian princes, the jurisdiction of a court of law, state railway expenditures, debt interest, and other similar matters. the act also introduced a separate electorate for muslims, which later became a source of communal politics. further changes were introduced by the act of 1919, also known as the montagu-chelmsford reform. this act gave a concrete shape to the legislature by introducing bicameral legislation at the centre, replacing the single-house imperial council. the two houses formed were the council of state (upper house) and the central legislative assembly. the council of state consisted of 60 members, with the principle of an elected majority introduced. out of the 60 members, 34 were to be elected and the rest were nominated by the governor-general. members were allowed to hold their seats for five years, but it had to be renewed partially every year. the governor-general had the power to address the legislative body, prorogue or dissolve the assembly, and deliver an address to the assembly. the qualifications were restricted only to the upper classes. the legislative assembly, which represented the lower house, now consisted of 145 members. out of these, 104 were to be elected and 41 were to be nominated. the electorate was expanded to 5.5 million for the provinces and 1.5 million for the imperial legislature. this marked a significant expansion in the democratic process, despite the limitations that remained (bandhopadhyay, 2004). the central legislation was empowered to create laws for the entirety of british india. it had the authority to amend or repeal any existing laws. the members of the legislative councils were granted several rights. they could ask questions, propose resolutions, make motions of adjournment, express no-confidence in the ministers, and introduce bills, all subject to the standing rules of the council. this marked a significant expansion of their legislative powers, despite the limitations that remained. this was a crucial step in the evolution of the legislative process in india (singh, 1959).the act introduced a system of dyarchy, meaning that certain functions of the provincial government were transferred to ministries that were accountable to the legislature. however, some subjects were designated as “reserved” and remained under bureaucratic control. despite these changes, no responsibility was introduced at the centre. the governor-general in council continued to be accountable solely to the british parliament through the secretary of state for india. this maintained a degree of control and oversight from the british parliament over the legislative process in india. this system of dyarchy marked a significant shift in the governance structure during that period (basu, 2018). further, there were many restrictions on the working of central legislation or lower house. indeed, the functioning of the central legislation or lower house was subject to several restrictions. for certain matters, such as issues related to foreign relations and relations with the indian states, the prior approval of the governor-general was required. additionally, the governor-general had the power to exercise a veto and promulgate ordinances. these measures were put in place to protect the fundamental british interests in india. despite the introduction of more democratic elements into the legislative process, these restrictions ensured that ultimate control remained with the british authorities. this highlights the complex dynamics of power and governance during this period in indian history (bridge, 1986). the next important act introduced by the colonial state was the government act of 1935, from which a major portion of our constitution had been derived. the act ended the dyarchy and proposed an all-india federation with provinces and princely states as units. the federal legislature thus formed had two chambers, i.e., the council of states and the federal assembly. the council of states consists of 156 elected members of british india and not more than 104 representatives from indian states. the council of states made a permanent body, but its one-third member retiring every third year. legislative assembly or federal assembly was to consist of not more than 125 representatives of the indian states which were nominated by the rulers of the states, and table 1: the legislative council consisted of the officials, the elected, and the nominated non-officials name of the council elected nominated non-official officials. total india 27 5 36 68 madras 21 5 20 46 bombay 21 7 18 46 bengal 28 4 20 52 united provinces 21 6 20 47 eastern bengal & assam 18 5 17 40 punjab 8 6 10 24 burma i 8 6 15 bihar & orissa 21 4 18 43 assam 11 4 9 24 data source: g. n. singh, (1959). landmarks in indian constitutional and national development. data from 1912 pa ge 20 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 250 representatives from british india elected by the provincial assemblies. the duration of the legislative assembly was 5 years unless it was resolved. with respect to federal legislature, the election in the upper house was direct, while in the lower house, it was indirect. the act divided the powers between centre and provincial unit through three lists -federal, provincial, and concurrent list. the federal legislature was to have the power to make laws for the whole or any part of british india or for any federate state while a provincial legislature was to make laws for the province or any part thereof or given in provincial list. dyarchy was introduced in the centre and bicameralism in many provinces like bombay and madras. legislation taken a concrete shaped through the act of 1935 and it tried to establish a responsible government with safeguards. in reality, the act of 1935 did not result in the appointment of any ‘counsellors’ or a council of ministers that would be responsible to the legislature. the executive council, which was established by the act of 1919, remained in place and continued to advise the governor-general until the indian independence act was passed in 1947 (basu, 2018). moreover, the authority of the governor general over the legislature was so dominant that the legislature barely had any power it could call its own. as a result, the legislature envisioned under the constitution act of 1935 was more of a nominal legislature rather than one with substantial powers (singh, 2006). following the august revolution and the end of world war ii, the struggle for independence entered its final phase. the indian independence act was enacted in 1947, dividing india into two dominions, india and pakistan. after august 1947, the british government handed over all authority and control to these dominions. the constitution, which was drafted in 1946, laid the foundation for the constitution of india, which became the supreme law of the country. legislative process and its component in post independent india the parliament of india is the nation’s legislative institution, tasked with the creation of laws. it plays a pivotal role in the democratic political structure of india. according to austin, the creators of this system intended to promote national unity by setting up a government of the people. this was accomplished by unifying indians into a single electorate with universal adult voting rights, and guaranteeing that these voters were directly represented in genuinely representative assemblies (austin, 1999). hence, the legislative process genuinely embodies the people’s desires. since gaining independence, india’s legislation has enacted laws aimed at fostering the nation’s development and transforming it into a welfare state (india const. art.108). the indian legislative system, or parliament, is composed of the president of india and two houses: the rajya sabha (council of states) and the lok sabha (house of the people), as outlined in article 79. the rajya sabha, or upper house, has a set membership of 250 members, with 238 representing states and union territories, and 12 nominated by the president (india const. art. 80). the rajya sabha is a permanent body and not to be dissolved, and 1/3 of its members retire every year. conversely, the lok sabha’s membership is capped at 552. the composition includes 530 representatives from the states, 20 from the union territories, and an extra two members from the angloindian community, who are appointed by the president. this arrangement guarantees a wide representation of india’s various regions and communities in the lawmaking process (india const. art. 81(1)(a) (b)). the indian constitution lays out an extensive set of rules and procedures for law-making in central legislation. this framework is intended to guarantee a democratic operation of the legislative process, mirroring the aspirations of the indian people. within the parliament, a bill is initially a proposal for a new law, which only becomes an act or law after official enactment. regular bills can be introduced in either house and are required to pass through three readings prior to approval (constitution of india, art. 107(1)). in first reading, the bill are only introduced in the house, and no discussion took place. but in the second reading, the bill was discussed and referred to several committees for scrutiny. the members of the house can suggest amendment in the feel, if it accepted it becomes part of the bill. if the bill passes in the house, then it will send to the second house. the second house can suggest an amendment in the bill and return for the review. if it passed the bill, it became a law or an act. there many other mechanisms devised by framer constitution to make the government responsible to the house. the members have right to raise question, ask questions and move resolution. for example, members can ask questions in question hour, zero hour. further matters on public interest discussed through several motions. there are various motions such as calling attention motion, adjournment motion, confidence and non-confidence motions, and dilatory motion, among others (basu, 2018). tracing the change in the legislative process in post-independent india the standard procedure of legislation and the process of the indian parliament remained the same but there are many changes occurred in the legislative process. the public became more aware, so the transparency in the proceeding was further refined by goi. there are many several committees that have been amended and there are many that have been formed new since independence. the introduction of the committee system was to make the legislative process more just and to increase the implication of law. in 1989 numerous subject committees was formed like agriculture, science and technology, and environment and forest (kashyap, 1990). another important feature added in the indian law making is pre-legislative process. the govt before pa ge 21 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 introducing the bill in parliament put the bill in public domain for discussion and feedback, make the legislative process more democratic. however, during planning commission, the govt had not taken sufficient attention to the pre-legislative process. in 2014, the central government implemented a prelegislative consultation policy, requiring ministries to follow a specific process before submitting a legislative proposal for the union cabinet’s approval. according to the policy, a draft of the proposed legislation must be publicly accessible for 30 days for public feedback. another significant change is the use of ict in the legislative process. post-2014, the goi emphasized digitization in all areas. since 2018, the goi has been planning to launch e-sansad to make parliamentary work paperless and accessible. e-sansad aims to “revolutionize” parliament through stakeholder integration, seamless information navigation, ease of dissemination, ai-backed search, cloud development, and process automation” (bhardwaj, 2021). this also further ensures public vigilance on the parliamentary work. the opposition has disrupted parliament on multiple occasions, but recently, due to competing political objectives, the disruption has escalated, cutting into parliament’s productivity. according to prs, the 16th lok sabha (2014– 2019) had a decrease in disruptions to 16% of scheduled time, which is an improvement from the 15th lok sabha’s 37% loss. despite coping with political upheaval, the government was steadfast in its approach to enacting legislation. as was the case in previous instances, the speaker also shortened the question hour, commonly known as zero hour, in order to keep the house in proper decorum. liberating from the colonial law claws: india moving from colonial legacy the colonial state designed laws aligned with imperialist aims, often suppressing voices of freedom. even after independence, many colonial laws remained in force and were used by authorities to suppress public dissent, symbolizing the colonial legacy. these laws contradicted traditional indian values of a moral and just society, the spirit of the indian freedom struggle enshrined in the constitution, and the fundamental rights granted by it. since the 1990s, three government-appointed bodies—the pc jain committee, the law commission of india, and the ramanujam committee—identified many such laws. based on their recommendations, parliament enacted six acts between 2015 and 2019 to repeal a large number of outdated laws (mahmood, 2021). many of the laws were repealed because they were anti-social, outdated, or no longer needed. they added unnecessary hassle for the public and impeded efficient administration. the repealing and amending (second) act of 2017 abolished numerous similar statutes. as previously mentioned, the government of india has nearly 1500 such laws. this year, the goi also proposed to eliminate many of these laws, replacing colonial legislation. thus, the focus of new legislation is to free india from outdated colonial laws. anti -social laws and the laws against indian value the government of india has annulled the caste disabilities removal act of 1850. this act had previously overridden any conflicting elements within all forms of religious, personal, and customary laws that stripped individuals of their familial and inheritance rights upon converting to a different religion from the one they were born into. additionally, it rendered obsolete the conventional rules of hindu law, which dictated that being ostracized from one’s caste or sub-caste would lead to equivalent consequences (mahmood, 2021). the legislation was rescinded due to concerns that religious extremism could disrupt the peace among various communities. in a related case, “the converts’ marriage dissolution act of 1866” was also recognized as prejudiced. this law addressed how converting to christianity impacted an individual’s existing marriage, allowing for the marriage to be annulled under specific circumstances. however, it was limited in scope, applying only when the married individuals were not muslim, parsi, or jewish. it also only pertained to those who left hinduism and sought solace in christianity. the law’s partiality was evident, highlighting the need for its replacement with a fair and uniform legal framework (advocate khoj, n.d). section 375 of the ipc traditionally exempts non-consensual sexual intercourse within marriage from being classified as rape, suggesting that marriage implies a continuous and unalterable consent to sexual relations. this concept contradicts the respect for women’s dignity and the ethical principles of indian society, which are encapsulated in indian thought “yatra naryastu pujyante ramante tatra devata” (where women are respected, there the gods rejoice). colonial laws against fundamental rights and human rights numerous laws from the colonial era infringed upon fundamental rights and deprived individuals of basic human rights. among these was section 377 of the ipc, which criminalized “voluntary carnal intercourse against the order of nature” with any person or animal, carrying penalties and fines. this law was a product of the british colonial regime, rooted in a victorian and christian puritanical perspective on sexuality (wong, 2021). “the former prime minister of the united kingdom, theresa may, acknowledged with regret the imposition of anti-sodomy laws during the british colonial era. she recognized that these laws have left a lasting legacy of discrimination, violence, and fatalities that continue to affect people to this day (rao, 2020). the dramatic performance act of 1876 and the assam criminal law amendment (supplementary) act, 1934 are two further statutes of this kind. as a means of stifling patriotism in the performing arts, the dramatic performance act was passed in 1876. the government has the authority to ban performances that are either (a) scandalous or defamatory in nature or (b) likely to incite disapproval of the government’s recognized mode of expression. pa ge 22 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 in 1911, lawmakers sought to update and streamline legislation on the prohibition of public gatherings that would incite sedition or disrupt public peace and quiet. the result was the prevention of seditious meetings act. consolidating and revising the laws prohibiting gatherings of the public that are liable to incite sedition or disturb the peace is a matter of great practicality (common lii, n.d ). the repealed act and colonial attitudes toward sex exhibit gender discrimination. for instance, section 497 of the indian penal code penalized men for adultery but exempted women (who could only be punished as abettors, not as primary offenders). similarly, section 498 punished enticing a married woman, placing the burden of guilt squarely on men. archaic, defunct and irrelevant laws there were many colonial laws that were obsolete, defunct and had not any use today. such act only became hurdle into the smooth working of the administration. example of the criminal law amendment act of 1938 can be given. in 2023, prime minister narendra modi stated that many of india’s laws originated during the british era and have since become outdated. he emphasized that the government is actively working to review and update these laws (govt repealed 2000, 2023). the law like the criminal law amendment act of 1938 was established to punish actions that hindered the recruitment of individuals to serve in the armed forces of the union. this act specifically targeted individuals who made public speeches to discourage others from enlisting in the défense forces and from participating in any wars involving the british empire (advocate khoj, n.d.). another such defunct law is the bangalore marriages validating act of 1936, which legalized christian marriages solemnized by mcdonald redwood, who lacked the authority to do so. other obsolete laws include the sheriff of calcutta (powers of custody) act of 1931, the fort william act of 1881, the bikrama singh’s estates act of 1883, and the police act of 1888.the government of india also plans to amend the outdated post office act of 1898 through the post office bill (2023). originally established to regulate postal services, this act has become outdated as the functions of the post office have diversified. the new act aims to make postal services more citizen-centric. for national security purposes, the bill empowers the government to authorize any officer to intercept, open, or detain items in transit through the post office in the interest of state security, friendly relations with foreign states, public order, emergencies, or public safety (sinha, 2023). the aircraft act of 1934 still applies to hot-air balloons, despite their regulation now falling under the civil aviation authority of india. the act defines an aircraft as “any machine which can derive support in the atmosphere from reactions of the air,” which includes balloons, airships, kites, gliders, and flying machines. according to this law, flying kites without government approval is technically illegal. the ganges tolls act of 1867 authorized the levy of tolls on certain steamers and boats on the ganges river for navigation improvements between allahabad and dinapore. however, the government of india enacted the national waterway (allahabad-haldia stretch of ganga-bhagirathi-hooghly river) act of 1982, allowing the government to regulate, develop, and levy fees for shipping and navigation on this stretch of the river. this new act covered the provisions of the ganges tolls act, preventing double taxation and inconvenience. to address film piracy, the government amended the cinematograph act of 1952 by introducing the cinematograph (amendment) bill of 2023. this act enforces stringent penalties for those involved in the unauthorized recording and distribution of copyrighted audio-visual content, thereby protecting the intellectual property rights of filmmakers and content creators. recent development and establishing indian value in law and justice the liberation from colonial laws is not merely abolishing colonial law but also enforcing the indian value in law and justice. the colonial law was made against the indian values and may of laws was alien to indian culture. to liberate the india from the shackles of colonial laws goi had introduced three laws in legislation that replace the centuries old colonial law. these are (parliament of india and rajya sabha, 2023); • the bharatiya nyaya sanhita bill, 2023 will supersede the indian penal code of 1860. • the bhartiya nagarik suraksha sanhita bill of 2023 replace the crpc of 1898. • the bharatiya sakshya bill, 2023 will supersede the evidence act of 1872. the primary objective of the bharatiya nyaya sanhita is to revoke the stringent sedition provision of ipc 124(a), historically employed against notable figures such as tilak and gandhi and presently utilized to stifle dissenting voices. this legislation retains solely a tempered version of clause 150, which pertains to actions endangering the sovereignty, unity, and integrity of india. it is imperative to note that the bharatiya nyaya sanhita does not compromise state security. it emphasizes that actions compromising indian sovereignty, including providing financial support and engaging in subversive activities or advocating separatist sentiments, constitute criminal offense. the evidence act of 1872 was an outdated colonial law that did not ‘address the technological advancement undergone in the country during the last few decades. the goi replaced the evidence act of 1872 with the bharatiya sakshya bill, of 2023. thus, it also includes “electronic and digital records” admitted as primary evidence under section 59. it, further holds that a break from the colonial legacy should strengthen the presumption of innocence and the right to a fair trial for the accused while protecting victims’ participatory rights (rajya sabha, 2023). pa ge 23 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 a view on post-independent laws after gaining independence, india assumed a legal structure comprising a mix of colonial laws and recently passed statutes. while some of these laws were crucial for laying the foundation of a functional democratic nation, others were hastily crafted or struggled to adapt to the swiftly evolving social dynamics. however, the lawmaking process has to take into account the public will and aspiration. so, the lawmakers of the country have to take into account of numerous factors like economic development, social backwardness, and health infrastructure. consequently, goi passed the planning commission was set up resolution of the government of india in march 1950 to promote a rapid rise in the standard of living of the people by efficient exploitation of the resources of the country and to create employment opportunities. besides this, goi passed numerous laws according to the multidimensional growth of the country. a few of such laws are given below; the representation of people act, 1951 the act was enacted to deal with the election system at central and state levels. the act defined the rule regarding the allocation of the seats in lok sabha and rajya sabha, qualification and disqualification of voters, and so on. it primarily aimed to make the working of indian democracy smooth and transparent special marriage act, 1954 to promote secularism and egalitarianism goi brought this act, which was made to validate and register interreligious and inter-caste marriages in india. companies act, 1956 the act contains provisions about companies, directors of the companies, memorandum and articles of associations, etc. this act states and discusses every single provision that requires or may need to govern a company. this act gives the central government the authority to examine a company’s books of accounts, to order a special audit, to order an investigation into a company’s operations, and to bring legal action for violations of the companies act of 1956(net lawman, n.d.). changing waves in the legislation: a look at the amended and repealed laws from 2010-2020 as mentioned above the law is an everchanging process that has to be updated according to the time. india had gone through enormous changes in the 21st century, and to make pace with the change numerous colonial and post-independent laws were repealed and amended. it is important to look into the factors that drive such changes in the law and to understand the significance of those acts and laws and how they reflect the change in society. laws pertaining to national security the security of the state top-most priority of the government. the internal as well as external threat have to keep on check to maintain sovereignty and integrity of the nation. the mumbai attacks in 2008, the 2016 pathankot attack, and the 2019 pulwama attack had raised the concern of goi which further modified national security laws to tackle such threat. a new form of threat in form of cyber-attacks has become more frequent. similarly, separatist elements also undermine the integrity of the nation. foreign contribution (regulation) act or fcra the fcra was enacted by the goi in 1976 to regulate foreign funding and contributions to individuals, associations, and ngos. it was framed on the pretext that foreign powers interfered with india’s internal matters. such donation and foreign contribution will be in a manner consistent with the values of a sovereign democratic republic” the act was amended in 2010 which includes act has also includes electronic media companies and “organizations of a political nature”. according to the amendment act of 2010, election candidates, editors or publishers of a newspaper, judges, government servants, members of any legislature, and political parties were prohibited to accept foreign donation. according to mha data, since 2011, the registration of 20,664 associations was cancelled for violations such as the misutilisation of foreign contributions (singh, 2020). goi in 2020 further amended the act to control the ngos which politically aligned and received foreign funding. it makes foreign funding more accountable and transparent in accordance with sovereignty. unlawful activities (prevention) act 1967 the act was enacted in 1967 to curb separatist tendencies and unlawful activities against the state. it confer powers upon the state authorities to deal with activities directed against the integrity and sovereignty of india. it stated that action taken by individual or association “intended, or supports any claim, to bring about, on any ground whatsoever”, the cession of a part of the territory of india or cession of a part of territory of india from the union or which disclaims, disrupts or is intended to disrupt the sovereignty and territorial integrity of india or which causes or is intended to cause disaffection against india”. government had power to take action against such activities. the parliament’s attack on 2001 results in strengthening the act by unlawful activities (prevention) amendment act, of 2004. the goi repealed the prevention of terrorist activities act [pota] and included its provision in uapa (2004). subsequently, to curb terrorist activities the act was further amended after mumbai attack in 2008 i.e., the unlawful activities (prevention) amendment act, 2008, the unlawful activities (prevention) amendment act, 2012. these acts extend the definition of terrorism to tackle the multifaceted threat to india’s sovereignty. in recent years the separatist tendency against state had increased due to political agendas. till 2004, “unlawful” activities referred to actions related to secession and cession of territory, pa ge 24 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 and only organizations were designated as ‘terrorist organizations. but the unlawful activities (prevention) amendment bill, 2019 as designates individuals as terrorists on certain grounds provided in the act (venkataramanank, 2021). the national investigative agency (nia) can seize the property attached to the terrorist activities. pm narendra modi stated that central laws such as the unlawful activities (prevention) act (uapa) had given an impetus to the system in a decisive fight against terrorism (singh, 2022). bharatiya nyaya sanhita (bns) the new penal code to tackle the problem of neoseparatism tendencies including offenses like fake news terrorism, and organized crime. the bill defines terrorism and offenses such as separatism, and armed rebellion against the government, challenging the sovereignty and integrity of the country, which were earlier mentioned under different laws. it further define a terrorist a person who “terrorist” refers to any person who— (i) develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives, or releases nuclear, radiological or other dangerous substance, or cause fire, floods or explosions; (ii) commits, or attempts, or conspires to commit terrorist acts by any means, directly or indirectly; (iii) participates, as a principal or as an accomplice, in terrorist acts (ministry of law and justice, 2023). the information technology (intermediary guidelines and digital media ethics code) amendment act the government under the it act 2002, introduced the “the information technology (intermediary guidelines and digital media ethics code) 2011” to make social media platforms more transparent and accountable. however, increasing cases of cybercrime and fake news dissemination leads to amendments in the guidelines. the draft 2018 information technology [intermediaries guidelines (amendment) rules 2018, rule 3(9) is bound to force social media platforms like whatsapp, facebook, and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as “unlawful information or content”. further the information technology (intermediary guidelines expected to ensure that there is no uploading of content that intentionally communicates any misinformation or information that is patently false or untrue hence entrusting an important responsibility on intermediaries” (ministry of home affairs, 2024). information technology amendment rules, 2023 draft bill further direct intermediaries’ platforms like social media websites facebook twitter, and instagram, and network service providers like jio, and airtel to make “reasonable efforts” to not host content related to the central government that is “identified as fake or misleading” social welfare laws and laws pertaining to fundamental and human rights the legislature had amended and repealed numerous post-independent laws in order to address existing social problems in the country. the aim of such amendments is to establish equality (as mentioned in the fundamental right article 14-18), and socio-economic upliftment of the masses. right to education in 2002, goi by 86th amendment act inserted a new article as 21-a in fundamental rights which states that the state shall provide free and compulsory education to all children the age between 6 to 14. article 45 and article 39 (f) of the directive principle also had a provision for the state-provided endeavour to provide early childhood care and education for all children until they complete the age of six years. but it was not enforceable. to achieve education for all goi enacted “the right of children to free and compulsory education act, 2009”. the act enforces article 21-a and provides equitable and satisfactory education for children between 6 to 14 years. the act also provides 25 percent reservation to scs, sts, and socially backward children. the goi further brought “the right of children to free and compulsory education (amendment) act, 2019” to enhance the quality of education. it removed the earlier policy of “no detain” which said that no student can be detained up to class viii. it further provides regular examinations in classes v and viii, and if students fail the examination, it gives them the opportunity to reappear in the examination within two months. the young persons (harmful publications) act, 1956 the law was enforced to “prevent the dissemination of certain publications the harmful publication means any book, magazine, pamphlet, leaflet, newspaper and other such publication which incites (i) the commission of offenses; or (ii) acts of violence or cruelty; or (iii) incidents of a repulsive or horrible nature. such publications tend to corrupt “young person” was prohibited. the act was full of ambiguities and led to harassment of young citizens, so the goi repealed the act in 2018. immoral traffic (prevention) act (itpa) of 1956 the act was enacted for the prevention of trafficking for commercial sexual exploitation. the act is also known as the suppression of immoral traffic in women and girls act, 1956 (sita). it also aims to curb the immoral practices of prostitution. the act had certain ambiguities i.e., the act, criminalizes prostitution, even though it is a consensual act between adults. the act was amended in 1988 and the government brought “the immoral traffic (prevention) amendment bill, 2006” to tighten the grip on trafficking of children, girls, and women. the bill deletes provisions that penalized prostitutes for soliciting clients. these acts did not deal with rehabilitation and relief. these acts also did not in accordance with international human rights laws. so, the government social justice trafficking in persons (prevention, care & rehabilitation) draft bill 2021. the bill provides for the establishment of investigation and rehabilitation pa ge 25 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 authorities at the district, state, and national levels. antitrafficking units will be established to rescue victims and investigate cases of trafficking (prs legislative research, 2018). indian companies act 2013 the companies act 2013 replaced the companies act 1956 in order to develop the country economically. it increased the share-holder strength of a company from 50 to 200. it also makes provision for the one-person company. it also introduced the national company law tribunal (nclt), a quasi-judicial body to look at adjudicating issues pertaining to companies. to encourage entrepreneurism in the country the goi amends the companies act with companies (amendment) bill, 2019, amend the companies act, and decriminalize various compoundable offenses as well as promote ease of doing business in the country. repeal of old labour laws the indian labour codes had its origin in the colonial era and they were too archaic and did not serve the needs of modern times. secondly, there were many labour laws that intersect many provisions with other laws creating ambiguities and problems. they did not protect the rights of the workers. even after 73 years of independence, approximately 90% of workers work in the unorganized sector that does not have access to all the social securities (ministry of labour and employment, 2020). so, the goi introduced four labour laws i.e., 1. the code on wages, 2019; 2. the industrial relations code, 2020. 3. the code on social security, 2020; 4. the occupational safety, health, and working conditions code, 2020. the four laws replaced, repealed and subsumed the old laws. the code on wages, 2019 to give the labourers fair wages consolidates the old laws like the payment of wages act, 1936; minimum wages act, 1948; payment of bonus act, 1965; and equal remuneration act, 1976. the occupational safety, health, and working conditions code, 2020 for the safety of labour introduced new regulations to protect their rights and to ensure a suitable environment for work. the act have replaced the following old act the factories act of 1948; the mines act of 1952; the dock workers (safety, health and welfare) act of 1986; the building and other construction workers (regulation of employment and conditions of service) act of 1996; the plantations labour act of 1951; the contract labour (regulation and abolition) act of 1970; the inter-state migrant workmen (regulation of employment and conditions of service) act of 1979; the working journalist and other newspaper employees (conditions of service and miscellaneous provision) act of 1955; the working journalist (fixation of rates of wages) act of 1958; the motor transport workers act of 1961; the sales promotion employees (condition of service) act of 1976; the beedi and cigar workers (conditions of employment) act of 1966; the cineworkers and cinema theatre workers (regulation of employment) act of 1981. the industrial relations code, of 2020 subsumed the following lawsthe trade unions act, 1926; the industrial employment (standing orders) act, 1946; and the industrial disputes act, of 1947. code on social security, 2020 this act replaced the following laws on the social security of workers -employees’ provident funds and miscellaneous provisions act, 1952; employees’ state insurance act, 1948; employees’ compensation act, 1923; employment exchanges (compulsory notification of vacancies) act, 1959; maternity benefit act, 1961; payment of gratuity act, 1972; cine-workers welfare fund act, 1981; building and other construction worker’s welfare cess act, 1996; and unorganised workers social security act, 2008. juvenile justice (care and protection of children act) 2000 this act aims to consolidate and amend the law pertaining to juveniles in conflict with the law and children in need of care and protection. it seeks to ensure the provision of appropriate care, protection, and treatment for these individuals, addressing their developmental needs comprehensively (indian kanoon, n.d.). the “nirbhaya rape case” precipitated a legislative response from the government to amend the law governing crimes committed by juveniles. consequently, the juvenile justice (care and protection of children) act of 2015 was introduced, replacing the juvenile justice (care and protection of children) act of 2000. under the provisions of the 2015 act, offences committed by juveniles are categorized into heinous offences, serious offences, and petty offences. serious offences encompass those punishable by imprisonment ranging from three to seven years (prs india, 2021). additionally, the act stipulates that juveniles charged with heinous crimes and falling within the age bracket of 16 to 18 years may be tried as adults and processed through the adult justice system. seeking to further enhance the welfare and protection of children, both those in need of care and protection under the law, as well as those in conflict with the law, the government of india introduced the juvenile justice amendment act of 2021. this amendment expands the scope of serious offences to include offences carrying a maximum punishment of imprisonment exceeding seven years. factories act 2011 the purpose of the relevant legislation was to create a system for monitoring the assignment of receivables and to regulate factoring activities in the country. it dealt with pa ge 26 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 ancillary issues, such as the need to register, and outlined the rights and responsibilities of the parties involved in such transactions. nevertheless, the government of india (goi) took the initiative to strengthen assistance for the msme sector by introducing the factoring regulation amendment act of 2021 and other legal amendments. this amended law endeavors to modernize and harmonize the definitions of key terms such as “factoring business,” “assignment,” and “receivables” in line with international standards. finance minister nirmala sitharaman emphasized the challenges often faced by msmes due to delays in receivables, prompting them to seek third-party interventions. (express news service, 2023) . factors affecting the legislation: new laws and agenda in legislation between 2010-2020 as mentioned earlier law law-making in a country is a democratic process. the law is made by the parliament which itself represents the people of india. however, there were numerous other factors that influenced the legislature. the pressure groups, social and environmental activists, and religious groups exert influence on the legislation and also reflect the will of the people. the international obligation and bilateral agreement also shaped the agenda of legislation. also, the legislative body is aware of the contemporary issues that can only be addressed through legislation. so, several news laws were framed by legislation. the civil liability for nuclear damage act, 2010 in order to establish a minimum national compensation amount for damage caused by nuclear catastrophes, the convention on supplementary compensation (csc) was established following the chernobyl nuclear accident in 1987. the 2010 civil liability for nuclear damage act was created in order for india to fulfil its obligations on a global scale. pocso act of 2012 the protection of children from sexual offences act (pocso act) was passed by the government of india (goi) in 2012 in response to the rising number of cases of sexual abuse of minors and the mounting pressure from human rights and social activists. since the nation is a signatory to the united nations conventions on the rights of the child since 1992, this law was introduced with the goal of “protecting children from offences of sexual assault, sexual harassment, and pornography and providing for the establishment of special courts for trial of such offences and for matters connected therewith or incidental thereto (the protection of children from sexual offences act, 2012). in an effort to enhance the prevention of sexual abuse against children, the indian government updated the pocso act of 2012 by introducing the protection of children from sexual offences rules in 2020. the new rules increase the minimum prison term for invasive sexual assault on children from seven years to ten years. furthermore, they stipulate that individuals convicted of penetrative sexual assault against minors under the age of sixteen will face imprisonment ranging from twenty years to life, in addition to a fine (prs india, 2019). the rising incidence of sexual harassment of women in the workplace is a major worry for women’s rights advocates and non-governmental organizations (ngos). in 2013, the government of india passed the sexual harassment of women at workplace (prevention, prohibition, and redressal) (posh) act in response to the national public outrage and demonstrations followed by the nirbhaya rape case. as a result of this law, businesses must take measures to ensure their employees are safe from sexual harassment and to take appropriate action when it occurs. india has shown its dedication to protecting human rights by ratifying the un declaration of human rights. when it comes to lobbying for legislative improvements that are in line with their goals, human rights campaigners and labor unions have considerable power. facebook and twitter, among others, allow citizens to put pressure on government officials to solve social problems. the rehabilitation of manual scavengers and the prohibition of their employment act of 2013 is an example of a piece of legislation that was prompted by such demands. this heinous practice continues even though the employment of manual scavenging and construction of dry latrines (prohibition) act has been in place since 1993 and forbids the activity. dry and “insanitary” latrines are both targeted for elimination under the 2013 act, which also seeks to outlaw the dangerous practice of human scavengers cleaning sewage systems and septic tanks. also included are steps to help manual scavengers get back on their feet and a deadline for completing a thorough survey (the prohibition of employment as manual scavengers and their rehabilitation act, 2012) social-political activist impacting the legislation and law formation: the citizen’s ombudsman bill, or jan lokpal bill this serves as a notable illustration of how social and political activists, galvanized by public support, can actively participate in the legislative process. the anticorruption movement spearheaded by anna hazare sought to combat corruption through the introduction of the lokpal bill. the momentum generated by this movement compelled the government to enact the lokpal and lokayukta act in 2013, aimed at curbing corruption. similarly, in an endeavor to augment the income of farmers and establish direct market integration, the government of india (goi) introduced three farm laws: the farmers’ produce trade and commerce (promotion and facilitation) act, 2020; the farmers (empowerment and protection) agreement on price assurance and farm services act, 2020; and the essential commodities (amendment) act, 2020. however, these laws faced vehement opposition from farmer associations and political activists, culminating in widespread protests. eventually, in response to the protests, the goi repealed these farm laws. pa ge 27 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 the international obligation and shaping of the laws since attaining independence, india has carved out a distinctive position in the realm of international affairs. as a member of global organizations such as the world trade organization (wto), the united nations (un), and various environmental treaties, india is bound by international obligations. the wild life (protection) act of 1972 serves as a foundational legal framework aimed at safeguarding diverse species of wild flora and fauna, ensuring the conservation of their habitats, and regulating the monitoring and restriction of trade involving wild animals, plants, and their derivatives. in alignment with its commitments under the convention on international trade in endangered species (cites), the government of india (goi) enacted the wild life (protection) amendment bill of 2022, thereby obliging itself to adhere to newly added species. notably, this amendment increases the minimum penalty for offenses related to specially protected species from rs. 10,000 to rs. 25,000. furthermore, it has been observed that the government of india has previously enacted legislative measures to comply with the standards set forth by the united nations human rights. aspect of transformation through legislation (2010-2020) legislation not only deals with the problem of the people. it tried to bring reform in the country through various laws so that the benefits could be reached to every person in the country. the legislation in india tries to make india what our freedom fighters and founders of the constitution imagined india to be. social empowerment and inclusion the indian government introduced “the street vendors (protection of livelihood and regulation of street vending) act, 2014” in order to promote mahatma gandhi’s mission of empowering the most marginalized individuals in the country. the act includes measures that aim to protect the rights of street sellers to make a living, ensure their social security, and regulate street vending operations across india. the legislation aims to create a favourable and secure environment for individuals to engage in their economic endeavors. the legislation aims to forbid unjustified intimidation, eviction, or extortion carried out by law enforcement and local government officials. simultaneously, its objective is to supervise street vending with the purpose of effectively managing public spaces and traffic. in a same vein, the government of india grants authority and enables those with impairments. the legislation is called “the rights of persons with disabilities act, 2016”. the legislation aims to bolster the autonomy of individuals with disabilities by guaranteeing their entitlement to equitable treatment and a life characterized by respect and worth, as articulated in the fundamental rights. the legislation enforces penalties for offenses committed against individuals with disabilities. the legislation increases the quota for individuals with impairments from 3% to 4% in government employment and from 3% to 5% in higher education institutions. the number of ailments has increased from 7 to 21. mental healthcare act (mha), 2017 the mental healthcare act of 2017 was created to replace the mental healthcare act of 1987. its purpose is to make it easier for individuals with mental illness to access mental healthcare and services. the main objective is to guarantee their right to a dignified life free from discrimination or harassment. in contrast to the previous version in 1987, which focused mostly on placing individuals with mental illness in institutions without providing them with any significant rights, the mental healthcare act of 2017 takes a significantly different approach. it discourages the extended confinement of patients in institutions and instead supports the rights of individuals to live independently and become part of their communities. the muslim women (protection of rights on marriage) act of 2019 the government of india (goi) enacted the muslim women (protection of rights on marriage) act in order to empower women and address the exploitation faced by muslim women due to the practice of triple talaq or talaq-e-biddat, which involves immediate and irreversible divorce. this legislation classifies triple talaq as a cognizable offense, which means that violators can be arrested without a warrant. they may face imprisonment for a maximum of three years, in addition to a fine. national education policy 2020 in pursuit of rendering education more equitable and inclusive, and effectuating a transformative overhaul of the indian education system. indian government introduced the national education policy (nep) in 2020. this comprehensive policy initiative endeavors to tackle and enhance the suboptimal literacy and numeracy outcomes associated with primary education, mitigate dropout rates prevalent in middle and secondary schooling, and institute a multidisciplinary ethos within the realm of higher education. a significant facet of the nep is the extension of the right to education (rte) to include children to the age of 18, thereby augmenting its inclusivity and reach. economic integration and empowerment the goods and services tax (gst) was introduced by the government of india (goi) by the 101st amendment act of 2016. this measure aims to simplify company operations, promote sustainable economic growth, and enhance the economic integration of the country. the implementation of the “one nation one tax” policy aimed to establish a unified market in india. the introduction of this act was designed to simplify the current indirect tax structure in india. the implementation of the goods and pa ge 28 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 services tax (gst) consolidates various taxes, such as excise duties, customs duties, service tax, and state vat, into a single rate. the goods and services tax (gst) intends to enhance the competitiveness of indian trade and industry, both domestically and internationally, by reducing inflation and production costs in the economy. another expected advantage of gst is its capacity to facilitate the establishment of a unified and efficient indian market, which would significantly contribute to promoting economic growth. in 2017, the government of india (goi) implemented three gst laws to improve the goods and services tax (gst) system. the central gst act, the integrated gst act, and the union territory gst act. in an expanding economy like india, the steady flow of credit and mobilization of capital are crucial. corporate insolvency leading to loan defaults is common. to prevent the accumulation of non-performing assets (npas), it is essential for financial institutions to recover promptly from defaulting entities. this approach not only ensures the availability of new credit but also mitigates asset depreciation. consequently, the goi introduced the insolvency and bankruptcy code in the year 2016. this legislative framework provides a structured, timebound process for resolving insolvency issues for both companies and individuals. the primary aim of the ibc is to consolidate existing insolvency and bankruptcy laws, addressing the persistent npa problem that has negatively impacted the indian economy over an extended period. in response to growing concerns about economic offenders evading justice, the government enacted the fugitive economic offenders act in 2018. this legislation aims to confiscate the assets of individuals who either refuse to return for judicial proceedings or flee the country to avoid prosecution. notably, the act empowers any civil court or tribunal to prevent a recognized fugitive economic offender from filing or defending a civil lawsuit. conclusion india, the world’s largest democracy, celebrated its 75th year of independence. the indian parliament, serving as the apex legislative body, diligently represents the will and aspirations of its citizens. however, india’s legislative landscape bears the imprint of its colonial past, undergoing a transformation over time. while the charter act of 1833 centralized power, the struggle for indian self-governance and legislation reflective of indigenous needs has a longstanding history. the 1857 revolt compelled colonial authorities to devolve powers, leading to subsequent acts in 1861 and 1892 that allowed indian participation in legislation through nomination. the waves of indian nationalism and escalating political extremism further expanded indian involvement in governance through acts in 1909 and 1935. post-independence, india’s constitution ensured universal suffrage, yet colonial legacies persisted in the legal framework. laws such as ipc 124-a, emblematic of colonial-era repression, continue to be utilized by successive governments to curb dissent, infringing upon fundamental rights. moreover, outdated and obsolete laws, often used to wield state machinery like the police against citizens, prompted legislative efforts to repeal and amend them. notably, ipc 377, criminalizing homosexuality, was repealed by authorities, signalling independence from colonial-era legal constraints. additionally, efforts are made to monitor shifts in the legislative process, including the emergence of new committees and advancements in information and communication technology. examination of post-laws amended or repealed between 2010 and 2020, and the underlying factors driving such changes, such as pressure groups and farm associations, are undertaken. emphasis is placed on the agendas of newly enacted laws during this period, such as the national education policy (nep) and the street vendors (protection of livelihood and regulation of street vending) act of 2014. this underscores the transformative power of legislation in shaping the trajectory of the nation. acknowledgement this research article required a lot of direction and help from many people and i am very fortunate to have got this all along the completion of my article. i thank to all the staff members of the it library and library of jnu, du, cupb and chanakya university, bangaluru who supported my research process by helping me access various online libraries and e-resources. references advocate khoj. (n.d.). converts marriage dissolution: a comparative analysis. https://www.advocatekhoj.com/ library/lawreports/convertsmarriagedissolution/1. php advocate khoj. (n.d.). criminal law (amendment) act, act 20 of 1938: obsolete laws warranting immediate repeal (third interim report). https:// www.advocatekhoj .com/library/lawrepor ts/ obso l e t e l aws/11 .php?t i t l e=obso l e t e%20 laws%20%20warrant ing%20immediate%20 r e p e a l % 2 0 ( t h i r d % 2 0 i n t e r i m % 2 0 r e p o r t ) & s t i t l e = c r i m i n a l % 2 0 l a w % 2 0 (amendment)%20act,%20act%2020%20of%20 1938 asian news international. (2019, august 2). parliament passes bill to repeal 58 obsolete laws. hindustan times. https://www.hindustantimes.com/india-news/ parliament-passes-bill-to-repeal-58-obsolete-laws/ story-zgzmukdqyxg4n7il60hvcp.html austin, g. (1999). the indian constitution: cornerstone of a nation (p. 144). oxford university press. bandyopadhyay, ś. (2004). from plassey to partition: a history of modern india. orient blackswan. basu, d. d. (2018). introduction to the constitution of india (23rd ed.). lexisnexis. bhardwaj, d. (2021, december 20). parliament communications may soon be accessed digitally pa ge 29 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 through e-sansad. hindustan times. https://www. hindustantimes.com/india-news/parl iamentcommunications-may-soon-be-accessed-digitallythrough-esansad-101639938805117.html biswas, s. (2014, october 7). ten laws that india should scrap. bbc news. https://www.bbc.com/news/ world-asia-india-29516976 bridge, c. (1986). holding india to the empire: the british conservative party and the 1935 constitution. sterling publication. common lii. (n.d.). prevention of seditious meetings act, 1911. retrieved march 30, 2024 from http:// www.commonli i .org/in/legis/cen/num_act/ posma1911364/4 constitution of india, art. 80. constitution of india, art. 81(1)(a)-(b). constitution of india, arts. 107–108. express news service. (2023, august 10). parliament passes bill to open up factoring sector, help msmes. indian express. https://indianexpress.com/article/ india/amid-din-parliament-passes-bill-to-open-upfactoring-sector-help-msmes-7429002/ indian kanoon. (n.d.). juvenile justice (care and protection of children) act, 2000. indian kanoon. https:// indiankanoon.org/doc/148942/ jain, d. (2019). law-making by and for the people: a case for pre-legislative processes in india. statute law review, 41(2), 189–206. https://doi.org/10.1093/slr/ hmz005 karthikeyane, s. (2022, may 3). india’s sedition law, its usage, and the opinions around it. the hindu. https:// www.thehindu.com/news/national/explained-indiascolonial-sedition-law-origins-govt-abuse-courts-takeon-it/article65375097.ece kashyap, s. c. (1990). a new parliamentary initiative: subject-based standing committees of parliament. economic and political weekly, 25(40), 2273–2279. http://www.jstor.org/stable/4396842 keith, a. b. (1922). speeches and documents on indian policy 1750-1921 (vol.2). h. milford, oxford university press keith, a. b. (1969). a constitutional history of india, 16001935 (p. 176). barnes & noble. mahetā, a., & grover, b. l. (2018). a new look at modern indian history from 1707 to the modern times (32nd ed.). s chand and company limited. mahmood, t. (2020, september 29). repeal of archaic laws doesn’t affect reform. the tribune. https://www. tribuneindia.com/news/comment/repeal-of-archaiclaws-doesnt-affect-reform-148141 ministry of home affairs. (2024, april 1). annual report 2023-2024. government of india. https:// www.mha.gov.in/sites/default/files/250883_ english_01042024.pdf ministry of labour & employment.(2020). labour code on social security, 2020. government of india. https:// labour.gov.in/sites/default/files/labour_code_eng. pdf money control. (2023, november 17). govt repealed 2000 colonial-era laws, got rid of 40,000 compliances: pm modi. money control. https://www.moneycontrol. com/news/trends/legal/govt-repealed-2000colonial-era-laws-got-rid-of-40000-compliances-pmmodi-10414271.html net lawman. (n.d.). companies act 1956. net lawman. retrieve march 12, 2024 https://www.netlawman. co.in/ia/companies-act-1956 otter, s. d. (2012). law, authority, and colonial rule. in d. m. peers & n. gooptu (eds.), india and the british empire. oxford university press. https://doi. org/10.1093/acprof:oso/9780199259885.003.0007 parliament of india, rajya sabha. (2023). two hundred forty sixth report on the bharatiya nyaya sanhita, 2023 (report no. 246). rajya sabha secretariat. https:// prsindia.org/files/bills_acts/bills_parliament/2023/ sc_report_bharatiya_nyaya_sanhita_2023.pdf press information bureau. (2018, june 13). cabinet approves the proposal for introduction of dam safety bill, 2018 in parliament. government of india. https://pib.gov.in/pressreleaseshare. aspx?prid=1522075 prs legislative research. (2018). the trafficking of persons (prevention, protection, and rehabilitation) bill, 2018. prs india. https://prsindia.org/billtrack/the-traffickingof-persons-prevention-protection-and-rehabilitationbill-2018 prs legislative research. (2019). the protection of children from sexual offences amendment bill, 2019. prs india. https://prsindia.org/billtrack/the-protection-ofchildren-from-sexual-offences-amendment-bill-2019 prs legislative research. (2021, august 6). the juvenile justice (care and protection of children) amendment bill, 2021. prs india. https://prsindia.org/billtrack/ the-juvenile-justice-care-and-protection-of-childrenamendment-bill-20214 rajya sabha. (2023). two hundred forty sixth report on the bharatiya nyaya sanhita, 2023 (report no. 246). rajya sabha secretariat. https://prsindia.org/files/bills_ acts/bills_parliament/2023/sc_report_bharatiya_ nyaya_sanhita_2023.pdf rao, r. (2020). out of time: the queer politics of post coloniality. oxford university press. singh, g. n. (1959). landmarks in indian constitutional and national development. atma ram and sons. singh, v. (2020, september 13). the hindu explains | what is foreign contribution (regulation) act, and how does it control donations? who comes under its ambit? the hindu. https://www.thehindu.com/ news/national/the-hindu-explains-what-is-foreigncontribution-regulation-act-and-how-does-it-controldonations/article32590504.ece singh, v. (2022, october 28). uapa gave an impetus to fight terror: pm modi. the hindu. retrieved from https://www.thehindu.com/news/national/ uapa-gave-an-impetus-to-fight-terror-pm-modi/ article66064109.ece pa ge 30 https://journals.e-palli.com/home/index.php/ajsl am. j. soc. l. 3(2) 16-30, 2024 singh, m. p. (2006). outlines of indian legal & constitutional history. universal law publishing singha, r. (2000). a despotism of law: crime and justice in early colonial india (p. 33). oxford university press. sinha, s. (2023, august 12). another colonial-era law, the indian post office act, 1898, to be repealed. the hindu business line. https://www. thehindubusinessline.com/news/national/anothercolonial-era-law-indian-post-office-act-1898-to-berepealed/article67187127.ece the prohibition of employment as manual scavengers and their rehabilitation act, no. 25 of 2013, acts of parliament, 2013 (india). the protection of children from sexual offences act, no. 32 of 2012, acts of parliament, 2012 (india). venkataramanank, k. (n.d.). explained, what makes the uapa so stringent? the hindu. retrieved feb 15, 2024. https://www.thehindu.com/news/national/ explained-what-makes-the-uapa-so-stringent/ article61443821.ece wong, t. (2021, june 29). 377: the british colonial law that left an anti-lgbtq legacy in asia. bbc news. https://www.bbc.com/news/world-asia-57606847 