How does the 25th Amendment work, and can it be used to remove Trump from office after US Capitol attack?



After President Trump incited violence on Jan. 6, some high-ranking officials say he is unfit to lead the United States.
Probal Rashid/LightRocket via Getty Images)

Stephanie Newbold, Rutgers University – Newark

A day after President Donald Trump incited supporters to attack the U.S. Capitol, Democratic Sen. Chuck Schumer called on Vice President Mike Pence to invoke the 25th Amendment and remove Trump from office, saying “This president should not hold office one day longer.”

The 25th Amendment, ratified by the states in 1967, declares that upon the removal, resignation or death of the president, the vice president assumes the presidency.

Commonly referred to as the Disability Clause, this constitutional provision also specifies that if the president is unable to perform the functions of his office, the vice president will serve as acting president.

If the president is unable to determine his own decision-making capacity, it is possible – though this is an untested area of law – that the vice president, independently or in consultation with the Cabinet, would determine if he himself assumes the role of acting president.

Removal, resignation or death

The 25th Amendment has been invoked only a few times in history.

In 2002 and 2007, President George W. Bush invoked the Disability Clause prior to scheduled colonoscopy procedures that required anesthesia and sedation. During this limited time, Vice President Dick Cheney became acting president.

President George W. Bush speaking to the press.
President George W. Bush, left, announces he will sign over the power of the presidency temporarily to Vice President Dick Cheney while he undergoes a colonoscopy.
Tim Sloan/AFP/Getty Images

But there is no precedent for the type of situation currently facing the United States. Trump refuses to concede his loss in the 2020 presidential election and encouraged a mob who share his belief that the vote was “rigged” to attack Washington, D.C. On Jan. 7, Trump issued a brief statement promising an “orderly transition” on Jan. 20 but pledging to “continue our fight.”

The 25th Amendment contains no precise legal language that expressly outlines what the procedural processes should be if the president cannot determine his own fitness for office. Its lack of specificity about such a situation means that a potential constitutional crisis could result if it is invoked to remove an unfit president who is unwilling to give up power.

Line of succession

Should the president be incapacitated in office, there is legislation that clarifies the line of succession.

The 1886 Succession Act made members of the president’s Cabinet direct successors if the vice president could not serve.

Upon assuming the presidency in 1945 after President Franklin Roosevelt’s death, Harry Truman requested Congress to amend the 1886 Succession Act to provide greater clarification of succession protocol. Truman wanted that succession to place the speaker of the house second in line after the vice president. After several years of negotiation, both houses of Congress agreed to this revision and passed the Presidential Succession Act in 1947.

The legislation specified that the line of succession begins with the vice president and is followed by the speaker of the House of Representatives, the president pro tempore of the Senate, the secretary of the U.S. Department of State, the secretary of the U.S. Department of the Treasury and the remaining secretaries of Cabinet departments in the order of when they were established as executive branch agencies.

Neither the Succession Act nor the 25th Amendment has ever been invoked for longer than a few hours. There are nearly two weeks left in Trump’s term.

This is an updated and condensed version of an article originally published on Oct. 4, 2020.The Conversation

Stephanie Newbold, Associate Professor, Public Affairs and Administration, Rutgers University – Newark

This article is republished from The Conversation under a Creative Commons license. Read the original article.

In praise of the office: let’s learn from COVID-19 and make the traditional workplace better


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Geoff Plimmer, Te Herenga Waka — Victoria University of Wellington; Diep Nguyen, Edith Cowan University; Esme Franken, Edith Cowan University, and Stephen Teo, Edith Cowan University

Having had to rapidly adjust to working from home due to COVID-19, many people are now having to readjust to life back in the office. Many will have enjoyed aspects of what is sometimes called “distributed work”, but some may be dreading the return.

So is there a middle ground? Could hybrid work arrangements, known for boosting well-being and productivity, be a more common feature of workplaces in the future?

We say yes. Organisations need to recognise the valuable habits and skills employees have developed to work effectively from home during the lockdown. But they will need good strategies for easing the transition back into the physical workplace.

In doing so, they should aim for the best of both worlds — the flexibility of distributed work and the known benefits of the collaborative workplace.




Read more:
The death of the open-plan office? Not quite, but a revolution is in the air


Good riddance to hot-desking

A good start would be a proper re-evaluation the two worst aspects of office life: crowded open-plan designs and so-called “hot-desking”.

Cramped shared offices and free-for-all hot-desking are both known for their negative impacts on quality of workplace life. The results are often interpersonal conflict, reduced productivity and higher rates of sickness.

Some organisations have already done away with hot-desking in an effort to improve physical and mental well-being. Acknowledging the evidence that tightly packed, cost-saving, open-plan office arrangements have not delivered what was promised should be another priority.

Hopefully, the impact of COVID-19 on business as usual will spell the end of these often poorly thought through management fads.

Work-life imbalance: how do companies help their employees and also boost productivity?
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Working from home can be isolating

At the same time, there is no need to throw the baby out with the bathwater. The office still has its advantages, and there is research showing that working from home has clear disadvantages for employees and organisations when it is offered as a permanent arrangement.

One study involved a large (anonymous) US Fortune 100 technology firm. It began as a traditional survey of what it was like for individuals to work from home, but evolved into a study of the effect of what happened to the company’s community when working from home was normalised.




Read more:
The research on hot-desking and activity-based work isn’t so positive


The option of unrestricted distributed work meant employees simply stopped coming to work at the office. Many reported the well-known benefits of working from home, such as work-life balance and productivity.

They also reported a kind of “contagion effect”. As colleagues began to stay at home a tipping point arrived where fewer and fewer people opted to work in the office.

But this actually increased a sense of isolation among employees. It also meant the loss of opportunities to collaborate through informal or unplanned meetings. The chance to solve problems or be given challenging assignments were lost as well.

Those who participated in the study said social contact and productively interacting with colleagues was the main reason they wanted to come to work. Without it there was no real point. The research raises the possibility of a net loss in well-being if everyone were to work remotely.

Well-being and job satisfaction depend on a range of factors, including having clear goals, social contact and the structure of the traditional working day. Of course, jobs can also be toxic if there is too much structure. But fully distributed work may not provide the support, identity and community that offices provide for some.

Nor is technology always adequate when it comes to the subtle value of face-to-face catch ups. Five minute water-cooler talks and post-meeting debriefs still matter for both productivity, social contact and cohesion.

A different kind of management: motivating and maintaining morale in a distributed workplace requires new skills.
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Management has to adapt too

None of which is to suggest there are not identifiable advantages of distributed work and the flexible workplace. As many of us discovered during the lockdown, just avoiding the daily commute helped with lowering stress and better work-life balance. Choosing when we worked was attractive too.

But this requires better management skills. Distributed workers require different (often better) engagement strategies, including the ability to build mutual trust.




Read more:
Working from home: what are your employer’s responsibilities, and what are yours?


Research into how best to manage the health and safety of distributed workers has found that some leaders simply can’t adapt to the digital environment. Trust, consideration and communicating a clear vision or sense of purpose matter more for distributed workers than for those in the traditional office.

Recognition, reward, development and advancement in a distributed working environment will all need special attention. So too will ways to deal with people not pulling their weight, maybe because of too much time on social media.

Even the simple benefits of spontaneous humour in meetings or informal team interactions are easily lost with “e-leadership”, so new ways of building and maintaining morale are vital.

This is not an either/or question. Rather, the challenge is to strike a new balance — how to retain the benefits of distributed work while maintaining the sense of community that comes from personal interaction in the office.The Conversation

Geoff Plimmer, Senior lecturer in Human Resource Management, Te Herenga Waka — Victoria University of Wellington; Diep Nguyen, Lecturer, Edith Cowan University; Esme Franken, Lecturer in Management, Edith Cowan University, and Stephen Teo, Professor of Work and Performance, Edith Cowan University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Heading back to the office? Here’s how to protect yourself and your colleagues from coronavirus



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Lisa Bricknell, CQUniversity Australia and Dale Trott, CQUniversity Australia

One of the most profound ways the COVID-19 pandemic has affected our lives has been in the way we work. For people lucky enough to keep their jobs, and for those of us in professions where it’s possible, working from home has become the new normal.

Australia’s success in “flattening the curve” means restrictions are now being lifted. With this, many employers are bringing their staff back into the office, or at least contemplating doing so.

But as the current outbreaks in Victoria show, it’s dangerous to think we’re now safe from the threat of COVID-19.

So, what do we need to consider as we take those first tentative steps back into the office?




Read more:
Coronavirus could spark a revolution in working from home. Are we ready?


First, how does the virus spread?

While there’s a lot we still don’t know about SARS-CoV-2, the coronavirus that causes COVID-19, we do know it spreads most effectively from person to person in droplet form. Infected people emit these droplets when they sneeze, cough, and even speak.

Those droplets can be transmitted directly through the air — say when an infectious person coughs in the direction of someone else close by — or they can settle on surfaces, where they can remain viable for hours.

The virus enters the body of a non-infected person through contact with mucous membranes in the nose, mouth or eyes and attaches to cells in the upper respiratory tract to establish infection.

Many of us are keen to get back to the office.
Shutterstock

What does this mean for office workers?

In many workplaces, employees share a small office space, work in an open-plan office, or use “hot desks” that are shared between several different employees on different shifts.

Workers in these situations are often required to work for long periods in environments that make it hard to maintain the recommended 4m² distancing rule.

This combination — several hours spent in close contact — increases the risk of COVID-19 transmission. This is illustrated by an outbreak in an open-plan call centre in Seoul, where more than 43% of workers contracted COVID-19 during February and March.




Read more:
Employers, schools, take note. Coronavirus ‘clearance certificates’ are a waste of everybody’s time


Considerations for employers

First, each employee in a shared office should be able to have at least 4m² to themselves. If this isn’t possible, it would be a good idea to stagger staff or allow them to continue working from home for now.

Second, think about airflow. Small offices often have insufficient airflow to dilute the virus, and, if an infectious person is present, could end up with high concentrations of viral particles over the course of an hour or so.

Conversely, higher rates of airflow combined with poor ventilation can also lead to infection, as droplets can be carried further.

So where possible, increase ventilation and air exchange in open-plan workspaces. Increasing the ratio of fresh air intake to recirculated air can reduce the concentration of virus particles in air conditioned spaces. Even simply opening windows can reduce viral spread.

Ramping up cleaning practices is a must.
Shutterstock

Third, cleaning protocols need to be increased. Where once a twice weekly visit from a contracted cleaner to vacuum the floors, empty the bins and quickly wipe over surfaces was considered sufficient, during COVID-19 you need to ensure a thorough daily clean of all surfaces.

Frequently touched surfaces, such as desks, light switches, door handles, phones, staircase railings, touch screens, keypads, taps and toilets should be given special attention and may require more frequent cleaning.




Read more:
You better hope your work cleaner is one of the few who has time to do a thorough job


Fourth, if a worker becomes sick with respiratory symptoms, isolate them from other staff and arrange for them to go home. Advise them to get tested for COVID-19 and not return to work until they have a negative result.

Similarly, reinforce the message, “if you’re sick, get tested and don’t come to work”. Now more than ever, the culture of “soldiering on” while unwell puts others at risk.

Finally, you might also consider asking employees to wear face masks at work. Face masks are unlikely to protect the person wearing them but can limit the disease being spread by coughs and sneezes.

Considerations for employees

First, you should clean equipment like keyboards, phones and mice regularly, and definitely between each user if desks are shared. Simply wipe your desk and equipment with a domestic spray cleaner.

Second, the best protection against the virus is personal hygiene. Washing your hands with soap and water offers excellent protection against SARS-CoV-2. When you can’t wash your hands, use an alcohol-based hand sanitiser instead.

You should wash or sanitise your hands regularly throughout the day, especially any time you touch anything you suspect someone else has recently been in contact with.

Both employers and employees can reduce the risk COVID-19 will spread in an office environment.
Shutterstock

Third, maintain a distance of 1.5m from other people to protect yourself from airborne droplets.

Fourth, practise good respiratory hygiene by coughing and sneezing into a tissue or the crook of your elbow. This prevents viral particles spreading over surfaces and toward people around you.

Lastly, if you have any symptoms, don’t go to work. Get tested as soon as possible and stay at home until you receive the results.




Read more:
As coronavirus restrictions ease, here’s how you can navigate public transport as safely as possible


The Conversation


Lisa Bricknell, Senior Lecturer in Environmental Health, CQUniversity Australia and Dale Trott, Lecturer, Environmental Health, CQUniversity Australia

This article is republished from The Conversation under a Creative Commons license. Read the original article.

A new study should be the final nail for open-plan offices



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Who can concentrate under these conditions?
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Libby Sander, Bond University

Open-plan offices have taken off because of a desire to increase interaction and collaboration among workers. But an innovative new study has found that employees in open-plan offices spend 73% less time in face-to-face interactions. Email and messaging use shot up by over 67%.




Read more:
Get out of my face! We’re more antisocial in a shared office space


The study is the first to track the impacts of open-plan offices using objective measures of communication. It used electronic badges and microphones to monitor interactions among employees and tracked changes in email use.

The findings build on previous research, which has found, for instance, open-plan work environments compromise employees’ ability to focus and concentrate on their work.

Why go open plan?

Theoretically there are good reasons to move to an open-plan office. Our social environment plays a big role in our ability to be proactive and motivated.

And success in modern workplaces is often driven by how well individuals interact with each other and with the organisation.

Research has shown that the time employees spend on “collaborative activities” has “ballooned by 50% or more” in the past two decades.




Read more:
Open plan offices CAN actually work, under certain conditions


Workplaces that facilitate more frequent and higher-quality contact with others have been shown to have improved communication and collaboration on tasks, job satisfaction and social support.

The design of the workplace significantly influences this, by supporting or detracting from interdependent work.

Building a strong sense of community has been a key factor in the success of the coworking space provider WeWork. This has been largely achieved through the physical work environment – clean spaces, narrow hallways, communal kitchens and the like.

Privacy and concentration are critical

But despite the pursuit of collaboration in workplaces, the need for concentration and focused individual work is also increasing.

And research shows that when employees can’t concentrate, they tend to communicate less. They may even become indifferent to their coworkers.

Knowledge work requires employees to attend to specific tasks by gathering, analysing and making decisions using multiple sources of information. When any of these cognitive processes are interrupted, inefficiency and mistakes increase.




Read more:
Open plan offices attract highest levels of worker dissatisfaction: study


Being able to focus on a task without interruption or distraction is an essential foundation for effective work.

But research suggests that poor design can have unintended consequences – increasing the cognitive load on workers through high density or low privacy, both of which increase distraction.

Why open plan doesn’t necessarily lead to collaboration

In many open-plan offices, the drive for increased interaction and collaboration comes at the expense of the ability to focus and concentrate.

When distraction makes it hard for employees to focus, cognitive and emotional resources are depleted. The result is increasing stress and errors, undermining performance.

When employees can’t concentrate on their work, their desire to interact and collaborate with others is reduced.

In addition, new research suggests that increased crowding in the workplace and low levels of privacy lead to defensive behaviours and strain workplace relationships.




Read more:
The backlash against open-plan offices: segmented space


Other aspects of workplace design, such as views of nature or access to daylight, can replenish cognitive resources even in the presence of distractions.

An aesthetically pleasing environment may provide an experience that is restorative.

Additionally, research has shown that aesthetically pleasing workplaces can help create trust within organisations.

Getting the balance right

Emerging research has shown that individuals view similar work environments differently. Rather than a one-size-fits-all approach, as is traditional in open-plan design, work environments should provide various options that support employees working effectively.

Evolving models of workplace design are seeking to achieve this, by providing different zones for different types of work and different needs.

However, the effect of shared desk arrangements in these types of environments requires further investigation.




Read more:
The research on hot-desking and activity-based work isn’t so positive


Many employers are heavily focused on driving collaboration and interaction at the expense of privacy and concentration. This has negative outcomes for both productivity and work relationships.

Organisations should focus on providing workplaces that support the requirements for privacy and focus, as well as interaction and collaboration.

The ConversationTo achieve this, greater emphasis needs to be placed on both visual and auditory privacy, particularly the use of acoustic treatments, as well as the layout and appearance of the workplace as a whole.

Libby Sander, Assistant Professor of Organisational Behaviour, Bond Business School, Bond University

This article was originally published on The Conversation. Read the original article.

Banning workplace romances won’t solve the problem of sexual misconduct in the office



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Malcolm Turnbull gave several justifications for his ban on ministers having sexual relationships with their staff.
AAP/Lukas Coch

Paula McDonald, Queensland University of Technology

The recent revelation of a sexual relationship between Deputy Prime Minister Barnaby Joyce and a young woman working in his office has created considerable embarrassment for the government and those involved. Prime Minister Malcolm Turnbull responded by announcing that sexual relations between ministers and their staff will be prohibited under a change to the ministerial code of conduct.




Read more:
Turnbull announces sex ban – and signals Joyce should consider his position


Turnbull gave several justifications for the ban. These included that although ministers were entitled to privacy in personal matters, they must lead by example because they occupy positions of responsibility and trust.

Recently in the US, sexual relationships between Capitol Hill lawmakers and their staffers were prohibited in response to multiple scandals and in the wake of the #MeToo movement.

Inappropriate and unlawful sexual behaviour at work

To judge whether workplace relationship bans are an effective or appropriate response to alleged or actual sexual misconduct, we must first understand the difference between “inappropriate” sexual relationships and unlawful sexual behaviour.

Unlawful sexual conduct includes sexual abuse, sexual assault and sexual harassment. Sexual harassment is any unwanted or unwelcome sexual behaviour that makes someone feel offended, humiliated or intimidated. It is not interaction, flirtation or friendship that is mutual or consensual.

In contrast, inappropriate relationships – while not explicitly unlawful – are usually associated with unequal power relationships.




Read more:
What’s the difference between sexual abuse, sexual assault, sexual harassment and rape?


Organisational codes of conduct often set out guidelines around the behaviour of supervisors and managers over their subordinates. A power imbalance between two employees may arise due to age, seniority or other factors, such as the capacity to influence outcomes.

The development of a sexual relationship in particular – even if it is apparently consensual – creates the potential for abuse of position, for damage to the less-empowered and potentially vulnerable individual, and for conflicts of interests to arise.

A common requirement in codes of employee conduct is for the person with the greater power to notify their supervisor of the relationship and immediately cease any decision-making role in respect of the subordinate. Such guidelines raise awareness of the potential for workplace relationships that may lead to later problems for those involved, and raise risks for organisational reputation and functioning.

By providing a clear course of action, such codes of conduct also acknowledge that workplace relationships do occur.

In contrast, outright bans on consensual sexual relationships at work are likely to be seen by many employees as over-reaching into their private lives. They may also perceive that it undermines their autonomy and dignity.

Retail fashion chain American Apparel recently introduced a policy barring managers from engaging in romantic relationships with employees over whom they had a perceived or actual influence. The policy also mandated the disclosure of such relationships – not to the person’s supervisor, but the human resources department.

Romantic relationships were defined broadly, and included both casual dating as well as committed relationships.

Public/private boundaries

In recent years, a considerable blurring of public/private boundaries in organisational life has occurred. Examples include the installation and monitoring of CCTV in workplaces, the enforcement of wearable surveillance devices that measure employees’ productivity in real time, and the “profiling” of job applicants through searches for private online information.

These employer actions have reshaped the boundaries between the relatively public sphere of work and the private lives of employees.

Workplace relationship bans may also be impractical and have unintended consequences. Many people meet their future partners at work or engage in short- or long-term consensual relationships that run their course.

The prospects of an employer effectively standing between two adults who are attracted to each other, or who fall in love, and preventing a relationship developing between them, seems slim.

Worse, bans may drive relationships underground. Employees who fear punitive consequences from ignoring a codified directive will likely conduct the relationship in secret. This may obfuscate loyalties and threaten the development of trust among co-workers. Engaging in a secretive relationship when those involved would prefer it was open may also prove stressful.

At its most extreme, regulating workplace relationships may damage women’s careers rather than contribute to them through a raising of professional standards.

Some male executives and senior politicians such as US Vice-President Mike Pence have been said to avoid working with women altogether to avoid being accused of inappropriate behaviour. This constrains opportunities for sensitive and strategic workplace discussions, and holds women back from key advancement opportunities.

Balancing competing interests

Joyce’s case raises several important issues insofar as preventing fall-out when colleagues engage in romantic and/or sexual relationships.

Banning relationships is likely to be ineffective and may result in disengagement, secrecy and resentment by employees of the encroachment of employment policies into genuinely private matters.

Outright bans also imply a connection between sexual misconduct and romantic relationships that is dubious at best. For example, although some sexual harassment cases arise following the breakdown of a former consensual relationship, most do not.

Preventing and redressing sexual harassment and achieving gender equality requires far more nuanced and multi-faceted approaches.

However, relationships of unequal power clearly need to be carefully managed to avoid the harmful consequences that may result for those involved. This can be achieved through carefully crafted and implemented policies and practices that raise awareness among employees of expectations about professional behaviour and where the greatest risks lie.

However, power comes in many forms. And it can only be judged on the basis of the particular circumstances and people involved.

Policies must also be sensitive to balancing the competing interests of employees and employers. This includes employees’ interests in privacy and autonomy, and employer interests in promoting workplace harmony and avoiding reputational damage.

The ConversationResponses need to also acknowledge the reality that relationships between consenting adults are an inevitable and almost certainly enduring feature of many contemporary workplaces. Attempting to ban them is unlikely to be a panacea.

Paula McDonald, Professor of Work and Organisation, Queensland University of Technology

This article was originally published on The Conversation. Read the original article.

Office workers, stand up from your desk for two hours a day


David Dunstan, Baker IDI Heart & Diabetes Institute

We’ve known for some time that too much sitting increases your risk of diabetes, certain cancers, heart disease and early death. But until now it’s been unclear how much standing during the work day may counter this increased risk.

Guidelines published today in the British Journal of Sports Medicine urge employers to changes their workplace culture and social norms around the sedentary office. It recommends desk-based office workers spend at least two hours of their working day standing or moving, and to gradually progress to four hours.

Commissioned by Public Health England and Active Working Community Interest Company, an international group of experts from the United Kingdom, United States and Australia (including myself) spent several months reviewing the existing evidence. There was much lively “debate” and several revisions before reaching the final recommendations.

As well as two hours of standing and light activity such as light walking each day (progressing to four hours), the guidelines recommend:

Height-adjustable desks allow users to alternate between sitting and standing.
Dennis Yang/Flickr, CC BY

  • Regularly breaking up seated-based work with standing-based work, with the use of adjustable sit-stand desks or work stations

  • Avoiding prolonged static standing, which may be as harmful as prolonged sitting

  • Altering posture or light walking to alleviate possible musculoskeletal pain and fatigue while you adapt to more standing or moving

  • Warning staff about the potential dangers of too much time sitting down either at work or at home.

The recommendations are based largely on observational and retrospective studies or short-term intervention studies showing breaks from sitting reduces the risk of developing heart disease and metabolic disorders such as diabetes. Clearly, longer-term intervention studies are needed and future refinements to the guidelines will be required as more evidence is published.

There are two elements of the recommendations that could be easily overlooked but are of great importance. First, the two and eventually four hours a day of standing and light activity should be accumulated across the working day to avoid introducing other harms associated with prolonged static standing. These include blood pooling in the lower legs and feet and varicose veins.

Regularly breaking up prolonged seated work with standing-based work is the key message here. This is consistent with the 2014 Australian Physical Activity and Sedentary Behaviour guidelines that recommend adults to “minimise the time spent in prolonged sitting” and “break up long periods of sitting as often as possible”.

Spend part of the two hours getting out for a light walk.
bikeriderlondon/Shutterstock

Second, the initial guidelines provide the platform for employers to further raise awareness among employees that prolonged sitting, aggregated from work and leisure time, may significantly increase disease risk. Adults who sit for ten hours per day have an estimated 34% higher risk of early death, even if they exercise regularly.

The use of a sit-to-stand adjustable work desk is one solution to the problem of prolonged sitting in the workplace. But these desks shouldn’t be viewed as the only solution. It’s also important to note that long-term studies of the likely impact on health outcomes are not yet available.

Employers should provide alternative ways of working to those that have become so ingrained in modern workplaces.

A glaring example is long meetings where participants must sit, uninterrupted. Organisations such as the National Heart Foundation of Australia are now instituting “standing agenda items” so participants can stand up and move around the room. In the past this may have been seen as being disruptive.

Other organisations are providing headsets that allow workers to move about during long phone calls.

Many offices are removing personal waste bins and opting for a central bin to encourage movement.

If you need a prompt to get up and moving at work, give up the chair for a day on June 11 for the campaign On Your Feet Australia. It might also give employers the nudge they need to start changing sedentary workplace cultures to improve their employees’ health and reduce the nation’s burden of heart disease and diabetes.

The Conversation

David Dunstan is Associate Professor and Laboratory Head of Physical Activity at Baker IDI Heart & Diabetes Institute.

This article was originally published on The Conversation.
Read the original article.

Religious Conversion Worst Form of ‘Intolerance,’ Bhutan PM Says


Propagation of religion is allowable – but not seeking conversions, top politician says.

THIMPHU, Bhutan, April 13 (CDN) — In the Kingdom of Bhutan, where Christianity is still awaiting legal recognition, Christians have the right to proclaim their faith but must not use coercion or claim religious superiority to seek conversions, the country’s prime minister told Compass in an exclusive interview.

“I view conversions very negatively, because conversion is the worst form of intolerance,” Jigmi Yoser Thinley said in his office in the capital of the predominantly Buddhist nation.

Christian leaders in Bhutan have told Compass that they enjoy certain freedoms to practice their faith in private homes, but, because of a prohibition against church buildings and other restrictions, they were not sure if proclamation of their faith – included in international human rights codes – was allowed in Bhutan.

Prime Minister Thinley, who as head of the ruling party is the most influential political chief in the country, said propagation of one’s faith is allowed, but he made it clear that he views attempts to convert others with extreme suspicion.

“The first premise [of seeking conversion] is that you believe that your religion is the right religion, and the religion of the convertee is wrong – what he believes in is wrong, what he practices is wrong, that your religion is superior and that you have this responsibility to promote your way of life, your way of thinking, your way of worship,” Thinley said. “It’s the worst form of intolerance. And it divides families and societies.”

Bhutan’s constitution does not restrict the right to convert or proselytize, but some Non-Governmental Organizations have said the government effectively limits this right by restricting construction of non-Buddhist worship buildings and celebration of some non-Buddhist festivals, according to the U.S. Department of State’s 2010 International Religious Freedom Report.

It adds that Bhutan’s National Security Act (NSA) further limits proclamation of one’s faith by prohibiting “words either spoken or written, or by other means whatsoever, that promote or attempt to promote, on grounds of religion, race, language, caste, or community, or on any other ground whatsoever, feelings of enmity or hatred between different religious, racial, or language groups or castes and communities.” Violation of the NSA is punishable by up to three years’ imprisonment, though whether
any cases have been prosecuted is unknown, according to the State Department report.

Bhutan’s first democratic prime minister after about a century of absolute monarchy, Thinley completed three years in office last Thursday (April 7). While he affirmed that it is allowable for Christians to proclaim their faith – a practice commanded by Christ, with followers agreeing that it is the Holy Spirit, not man, that “converts” people – Thinley made his suspicions about Christians’ motives manifest.

“Any kind of proselytization that involves economic and material incentives [is wrong],” he said. “Many people are being converted on hospital beds in their weakest and most vulnerable moments. And these people are whispering in their ears that ‘there is no hope for you. The only way that you can survive is if you accept this particular religion.’ That is wrong.”

Thinley’s suspicions include the belief that Christians offer material incentives to convert.

“Going to the poor and saying, ‘Look, your religion doesn’t provide for this life, our religion provides for this life as well as the future,’ is wrong. And that is the basis for proselytization.”

Christian pastors in Thimphu told Compass that the perception that Bhutan’s Christians use money to convert the poor was flawed.

The pastors, requesting anonymity, said they prayed for healing of the sick because they felt they were not allowed to preach tenets of Christianity directly. Many of those who experience healing – almost all who are prayed for, they claimed – do read the Bible and then believe in Jesus’ teachings.

Asked if a person can convert if she or he believed in Christianity, the prime minister replied, “[There is] freedom of choice, yes.”

In his interview with Compass, Thinley felt compelled to defend Buddhism against assertions that citizens worship idols.

“To say that, ‘Your religion is wrong, worshiping idols is wrong,’ who worships idols?” he said. “We don’t worship idols. Those are just representations and manifestations that help you to focus.”

Leader of the royalist Druk Phuensum Tshogpa party, Thinley is regarded as a sincere politician who is trusted by Bhutan’s small Christian minority. He became the prime minister in April 2008 following the first democratic election after Bhutan’s fourth king, Jigme Singye Wangchuck, abdicated power in 2006 to pave the way toward democracy.

Until Bhutan became a constitutional monarchy in 2008, the practice of Christianity was believed to be banned in the country. The constitution now grants the right to freedom of thought, conscience and religion to all citizens. It also states that the king is the protector of all religions.

Thus far, the Religious Organisations Act of 2007 has recognized only Buddhist and Hindu organizations. As a result, no church building or Christian bookstore has been allowed in the country, nor can Christians engage in social work. Christianity in Bhutan remains confined to the homes of local believers, where they meet for collective worship on Sundays.

Asked if a Christian federation should be registered by the government to allow Christians to function with legal recognition, Thinley said, “Yes, definitely.”

The country’s agency regulating religious organizations under the 2007 act, locally known as the Chhoedey Lhentshog, is expected to make a decision on whether it could register a Christian federation representing all Christians. The authority is looking into provisions in the law to see if there is a scope for a non-Buddhist and non-Hindu organization to be registered. (See http://www.compassdirect.com, “Official Recognition Eludes Christian Groups in Bhutan,” Feb. 1.)

On whether the Religious Organisations Act could be amended if it is determined that it does not allow legal recognition of a Christian federation, the prime minister said, “If the majority view and support prevails in the country, the law will change.”

Thinley added that he was partially raised as a Christian.

“I am part Christian, too,” he said. “I read the Bible, occasionally of course. I come from a traditional [Christian] school and attended church every day except for Saturdays for nine years.”

A tiny nation in the Himalayas between India and China, Bhutan has a population of 708,484 people, of which roughly 75 percent are Buddhist, according to Operation World. Christians are estimated to be between 6,000 to nearly 15,000 (the latter figure would put Christians at more than 2 percent of the population), mostly from the south. Hindus, mainly ethnic Nepalese, constitute around 22 percent of the population and have a majority in the south.

 

Religious ‘Competition’

Bhutan’s opposition leader, Lyonpo Tshering Togbay, was equally disapproving of religious conversion.

“I am for propagation of spiritual values or anything that allows people to be good human beings,” he told Compass. “[But] we cannot have competition among religions in Bhutan.”

He said, however, that Christians must be given rights equal to those of Hindus and Buddhists.

“Our constitution guarantees the right to freedom of practice – full stop, no conditions,” he said. “But now, as a small nation state, there are some realities. Christianity is a lot more evangelistic than Hinduism or Buddhism.”

Togbay said there are Christians who are tolerant and compassionate of other peoples, cultures and religions, but “there are Christians also who go through life on war footing to save every soul. That’s their calling, and it’s good for them, except that in Bhutan we do not have the numbers to accommodate such zeal.”

Being a small nation between India and China, Bhutan’s perceived geopolitical vulnerability leads authorities to seek to pre-empt any religious, social or political unrest. With no economic or military might, Bhutan seeks to assert and celebrate its sovereignty through its distinctive culture, which is based on Buddhism, authorities say.

Togbay voiced his concern on perceived threats to Bhutan’s Buddhist culture.

“I studied in a Christian school, and I have lived in the West, and I have been approached by the Jehovah’s Witness – in a subway, in an elevator, in a restaurant in the U.S. and Switzerland. I am not saying they are bad. But I would be a fool if I was not concerned about that in Bhutan,” he said. “There are other things I am personally concerned about. Religions in Bhutan must live in harmony. Too often I have come across people who seek a convert, pointing to statues of our deities and saying
that idol worship is evil worship. That is not good for the security of our country, the harmony of our country and the pursuit of happiness.”

The premise of the Chhoedey Lhentshog, the agency regulating religious organizations, he said, “is that all the different schools of Buddhism and all the different religions see eye to eye with mutual respect and mutual understanding. If that objective is not met, it does not make sense to be part of that.”

It remains unclear what the legal rights of Christians are, as there is no interaction between the Christians and the government. Christian sources in Bhutan said they were open to dialogue with the government in order to remove “misunderstandings” and “distrust.”

“Thankfully, our political leadership is sincere and trustworthy,” said one Christian leader.

Asserting that Christians enjoy the right to worship in Bhutan, Prime Minister Thinley said authorities have not interfered with any worship services.

“There are more Christian activities taking place on a daily basis than Hindu and Buddhist activities,” he added.

Report from Compass Direct News
http://www.compassdirect.org

Turkey Arrests 20 Allegedly Linked to Malatya Murders


Suspects in Ergenekon network long sought in homicide case to be questioned.

ISTANBUL, March 18 (CDN) — In simultaneous operations in nine different provinces of Turkey, authorities yesterday arrested 20 people suspected of playing a role in the murder of three Christians in Malatya in 2007, according to local news reports.

Zekeriya Oz, chief prosecutor overseeing the investigation into a clandestine network known as Ergenekon allegedly aimed at destabilizing the government, ordered the arrests based on information that linked the suspects to both the network and to the Malatya murders, Turkish press reported after Istanbul Chief of Police Chief Huseyin Capkin announced the sweep at a press conference yesterday.

“This was an operation related to the Malatya Zirve publishing house murders,” Capkin said, according to online news agency Malatya Guncel. “They were just arrested. This is connected to the Zirve publishing house. That’s the framework.”

Those apprehended include Ruhi Abat, a Muslim theology professor from Malatya Inonu University, Mehmet Ulger, a retired commander of the Malatya Gendarmerie in service at the time of the murders, and other members of the military. Oz will question the suspects in Istanbul, according to reports.

Police also raided the guesthouse of the Izmir Gendarmerie, seizing computers and documents. News sources listed Malatya, Siirt, Mugla, Mersin and Izmir as some of the cities in which authorities conducted raids and arrests.

A plaintiff attorney in the Malatya murder case, Orhan Kemal Cengiz, told Compass that the names on the list of those arrested were suspects he and his colleagues have been trying to convince the Malatya prosecutor to pursue since the court received a tip in May 2008.

“They are all the usual suspects,” Cengiz said. “All their names were mentioned in the first informant letter. Unfortunately, despite all our efforts, we couldn’t find anyone to investigate these allegations.”

The letter was the first of many informant letters the Malatya court has received since it started hearing the case on Nov. 22, 2007. Penned by someone who identified himself by the pseudonym “Ali Arslan” but unsigned, the letter claimed that Ulger incited Emre Gunaydin, one of the suspects, to carry out the murders and that he communicated with Gunaydin through Abat and two gendarmerie officers, reported Turkish English daily Today’s Zaman.

Cengiz said that, though it was the duty of the Malatya prosecutor to pursue leads in the informant letter, the prosecutor deferred the investigation to the military court, which in turn refused to investigate, claiming that the name on the letter was fake and the letter was not signed.

“It was like a joke,” Cengiz said.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Gunaydin.

From the beginning of the court hearings, plaintiff lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Cengiz told Compass that new evidence in the Ergenekon case might have convinced Oz to pursue those detained yesterday, and he called the move “a very big step” in shedding light on the Malatya case. He and colleague Erdal Dogan said their efforts – especially a request they sent to Oz on Jan. 18, 2010 asking him to investigate the allegations that Ergenekon members were behind the Malatya murders – surely helped to move the process along.

“I believe our efforts had a very big influence on this,” Cengiz said. “We submitted a petition and requested this from Oz last year. He is acting with the Malatya prosecutor on this.”

At the request of the Istanbul Chief Prosecutor’s Office, the Istanbul Police Department prepared a report last year revealing links between the Malatya murders and Ergenekon, according to Today’s Zaman. According to the report, Sevgi Erenerol, spokesperson for a bogus ultranationalist association known as the Turkish Orthodox Church, described foreign missionary activity as “spying” and “provoking.”

“A piece of evidence in the report was a conference on missionary activity given by Sevgi Erenerol … at the General Staff’s Strategic Research and Study Center,” reported Today’s Zaman.

Erenerol was arrested in connection with Ergenekon in 2008. Her suspected links with those thought to have masterminded the Zirve murders may have influenced yesterday’s arrests, Today’s Zaman reported.

She is also believed to be one of the key people behind false accusations against two members of Turkey’s Protestant Church, Hakan Tastan and Turan Topal, who were arrested in October 2006 for insulting Turkishness and Islam because they openly shared their faith.

After four years of legal battle, a judge finally acquitted the two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge. The two men are in the process of appealing the fine.

The Turkish Constitution grants all citizens the right to speak about their faith.

Plaintiff attorneys in the Malatya murders case said they believe yesterday’s arrests bring them closer to their requests that the Malatya murders case file be joined to that of the Ergenekon trial.

“From now on, we can predict it is very possible that our case will be sent to Istanbul soon and that these two cases will be merged,” said Cengiz.

The next Malatya hearing is scheduled for April 29.

Report from Compass Direct News
http://www.compassdirect.org

Christians in Turkey Face Harassment; Murder Trial Stalls


Departure of presiding judge in Malatya case could further delay justice, attorneys fear.

ISTANBUL, March 15 (CDN) — Though the horrific scale of the 2007 Malatya murders has not been repeated in Turkey’s Protestant church, a recent report shows harassment continues to be a daily problem for the country’s Christians and churches.

Discrimination, slander and attacks against churches were among the examples of ongoing harassment that the Turkish Association of Protestant Churches (TEK) recorded in 2010.

In an eight-page report published earlier this year, TEK’s Committee for Religious Freedom and Legal Affairs outlined problems Protestants face. Turkish laws and “negative attitudes of civil servants” continue to make it nearly impossible for non-Muslims to establish places of worship, the committee reported. Three churches faced legal problems last year regarding their buildings, according to the report.

Missionary activities are still considered a national threat despite the existence of Turkish laws guaranteeing citizens the freedom to propagate and teach their faith, and children are victims of discrimination at school, according to the report. Though the Religious Education General Directorate for Higher Education and Training Committee allows non-Muslim students to stay out of religious classes, parents have reported cases in which they were not able to take their children out of such
courses.

“After four years [since the Malatya murders], Turkey’s religious freedoms have not improved as desired,” said attorney Erdal Dogan. “Christians, Alevis [a Shiite sub-community] and people of other beliefs are still not protected by law. And people of other faiths apart from Muslims have no legal status. Since racism is still prevalent in the context of freedom, discrimination in its turn has become a fact of life.”   

About a third of Turks are estimated to be Alevis.

Turkey rose to 30th place in Open Doors’ 2011 World Watch List of nations in which persecution against Christians takes place, up from 35th place the previous year. The Christian support organization cited deteriorating conditions as the secular country applied some laws in discriminatory ways against Christians.

TEK estimates that there are up to 3,500 Protestant Christians in Turkey.

 

Malatya Trial Stalled

In the trial of the five primary suspects in the murder of three Christians in Malatya, plaintiff attorneys fear the departure of one of the three judges to a Supreme Court of Appeals post in Ankara could further stall the nearly four-year-old case.

The loss of Judge Eray Gurtekin, who had presided over the case since it began on Nov. 22, 2007, could threaten to set back the progress of the court that has been examining links between the killers and alleged masterminds, according to Dogan, a plaintiff attorney in the case. Gurtekin was appointed as a judge in the Supreme Court of Appeals in Turkey’s capital Ankara last month.

“In a three-member panel [of judges], the change of one is not really helpful,” said Dogan, “because just as the previous presiding judge had started to understand and pay close attention to the case file, a new judge came in his place. I hope he will catch on quickly.”

The new judge joined the Malatya hearings panel this month, and Dogan said there could be more changes in the panel.

The 12th Istanbul High Criminal Court is expected to hear the testimony of another witness on March 29, and the court is trying to locate two more witnesses in order to shed light on the Malatya murders.

On April 18, 2007, two Turkish Christians, Necati Aydin and Ugur Yuksel, and German Christian Tilmann Geske, were bound, tortured and then murdered at the office of Zirve Publishing Co., a Christian publishing house in Malatya. The suspects, Salih Guler, Cuma Ozdemir, Hamit Ceker, and Abuzer Yildirim, were arrested while trying to escape the scene of the crime, as was alleged ringleader Emre Gunaydin.

From the beginning of the court hearings, prosecuting lawyers have brought evidence to the court showing the five young suspects were connected to a wider plot to kill the three Christians as well as other key Christian leaders across Turkey. Known as the Cage Plan, the plot is believed to be part of the alleged Ergenekon “deep state” operation to destabilize the government.

The Cage Plan centers on a compact disc found in 2009 in the house of a retired naval officer. The plan, to be carried out by 41 naval officers, termed as “operations” the Malatya killings, the 2006 assassination of Catholic priest Andrea Santoro and the 2007 slaying of Hrant Dink, Armenian editor-in-chief of the weekly Agos.

Questioned by the judges, Varol Bulent Aral – suspected of being one of the people who planned the murders and linked the killers to the masterminds – said he wanted the court to find out who was supporting the Zirve Publishing Co. He added a cryptic remark to Tilmann Geske’s widow, Suzanne Geske, who continues to live in Malatya with her three children and regularly attends the murder hearings.

“I want to ask Suzanne, what business does a German have here?”

The judges finally threw Aral out of the courtroom for contempt of court when he told the judges: “You are in the clouds!”

Prosecuting lawyers still hope judges will join the Malatya case files to the Cage Plan case, which is being tried at an Istanbul court.

The threat of violence against Christians continues. Last week Turkish news sources reported that Istanbul police arrested two suspects, ages 17 and 18, accused of plotting to assassinate a priest on the European side of the city. The Istanbul Public Prosecutor’s Office is examining their case.

Report from Compass Direct News
http://www.compassdirect.org