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The turies. As a result the region had not established tsunami brought further misery to people who a tsunami pre-warning system similar to the one had already suffered from this conflict. Even the word tsunami was an alien term to Sri Lanka and many other countries in South Asia until December Damage to the Library Sector Damage to Infrastructure Schools and School Libraries Sri Lanka, being an island situated facing the The tsunami hit the coastal areas in Sri Lanka epicentre of the quake, paid a high price in terms on a Sunday and obviously this helped to save of destruction to human lives as well as infra- the lives of thousands of school children and structure and natural resources.
Sixty percent of teachers. Had it been a normal school day the the coastal area was severely affected, destroying consequences would have been unimaginable, as or damaging 80, houses. A total of large numbers of children from interior villages schools were damaged and government took in close proximity also attend the schools in over schools to be used as relief camps for coastal areas which were destroyed or damaged internally displaced persons.
Four universities by the tsunami. Damage to roads, railways, were affected by the tsunami. A total of 3, telecommunication facilities, electricity supply, teachers and 80, children have been affected. In addition, the damage to sand dunes, fully fledged school libraries, most had reason- lagoons and coastal vegetation has resulted in ably good medium sized libraries and others had untold environmental destruction.
The public sector not only suffered loss to It is estimated that approximately 1. It valuable and vital records and documents per- is not possible to determine the exact amounts taining to the public. These included the entire lost as accession registers and library card cata- electoral registers in the Southern province and logues have also been destroyed.
More importantly, as a destroyed. As part of its welfare facilities Sri result of this interaction with other nationals, Lanka provides free textbooks to every school- the coastal area enjoys a unique cultural going child from grade 1 to grade Destroyed heritage, which librarians make an attempt to library materials included books, periodicals, save through local collections in the respective newspapers, audiovisual materials and, in some libraries.
One can find collections dealing with schools, computers, diskettes etc. Some of the different customs, food, theatre, cultural activi- affected school libraries had been assisted by the ties, vocabulary, specialized crafts and other recently concluded school library development industries in these areas, depicting their unique- and modernization project carried out by the ness.
These local collections would have been a government in collaboration with a multi- happy hunting ground for future anthropolo- national aid agency. Public Libraries Of the public libraries, 62 have been affected Other Types of Libraries by the tsunami, with 28 libraries being com- pletely destroyed. After the establishment of the Some of the libraries attached to Buddhist first public library in , Sri Lanka has temples had very valuable collections of palm developed a reasonably good public library leaf manuscripts and other rare materials, network over the years.
Early introduction of the including material on the indigenous medicine adult universal franchise , the establish- system referred to as Ayurvedha. Clarke, who is residing in Sri development of the public library service in the Lanka, started underwater exploration in Sri country. Lanka about four decades ago. From the collec- tion of 3, objects salvaged from ancient ship- While developing the standard public library wrecks during the last decade, 80 percent was service, attention has been paid to developing re-taken by the ocean in the wake of the special collections in public libraries that are tsunami.
Accordingly special collections on Nature of the Damage tourism, fisheries, traditional handicrafts, jew- ellery making, coir industry, ornamental fish According to eyewitness accounts, two powerful farming, spice growing and processing, etc. The velocity was such that it either in the coastal zone. The buildings that were able to withstand the power of the first wave were Effect on Local Collections of Libraries destroyed by the second wave, which was more Being an important centre of the sea trade in powerful than the initial one.
The coastal area of Sri Lanka and outward waves it created. The gush of water has a number of small ports that were busy that came from the ocean rolled back to the sea trading centres for spices, gems, pearls and at such a force, creating an inward wave from other exotic products.
As a result, this area the land to the ocean. This retreating water not developed strong cultural ties with Chinese, only caused damage to already weakened struc- Indonesians, Thais, Malays, Indians, nationali- tures, but also took away books and other items ties from the Middle East and East Africa and, to the ocean.
The fishermen who were coming more recently, with the Portuguese, Dutch and back from the sea that day reported seeing English. Today one can identify traces of com- massive amounts of floating bodies, furniture munities from these nations scattered along the and other debris in the sea.
Due to the disruption munication Expert of UNESCO, visited Sri of the seabed the water was mixed with mud, Lanka in early January and toured the southern sand and probably even minerals, along with coast with a view to assessing the destruction. Hence it is necessary to study formed to coordinate the rebuilding and rehabil- this uncharted area further and find special itation of tsunami affected libraries and govern- treatment for tsunami-affected material.
One third of the dead are children and Association, the National Science Foundation, there are many more dead women than men. The National Library assumed the and 3, lost either their mother or their father. Most of the survivors faced near death in Sri Lanka, also played an important role in experiences, which will most likely haunt them this endeavour. Even the rescued library material caused health hazards Each task force consists 8—12 members from the to both users and librarians and became an library, IT, government and other relevant fields additional burden.
Through these task forces it has been possible to ensure a wider participation of librarians and experts Rebuilding Efforts from relevant fields. Disaster Management Committee Interaction with Others Immediately following the disaster the National The National Library made a quick survey of Library sent an SOS to the international com- affected libraries and published details on the munity outlining the general nature and details web, which is constantly updated with new of the destruction.
The excellent coverage Sri information. The UN helps to keep the world community, especially organized a tsunami development forum, and the global library community, informed of the assistance amounting to USD 3. This is in pledged for Sri Lanka. President Bill Clinton has contrast to the traditional pattern of getting to been appointed as the UN goodwill ambassador know details of disasters after the lapse of a con- to coordinate the tsunami relief efforts in the siderable period of time.
Large sums of assistance have been received by Community Involvement non-governmental organizations to undertake The National Library is in constant touch with relief and rehabilitation work. In similar situations in many attached to libraries to be involved in this countries, government machinery has frequently process.
Where library committees are non- been considered inefficient, bureaucratic, operational, librarians and library authorities are corrupt and non-people friendly. Although these instructed to establish such committees on a are not necessarily true in the Sri Lankan priority basis. Some libraries have reported that context, the general opinion prevails. The National Library and the DMC conducted a By end July , total assistance received or number of seminars with relevant officials, pledged amounted to USD 1 million, details of librarians and others to plan remedial measures.
About USD 25, was received from the library field and Today, seven months after the tsunami, Sri individual donors. Here I must specially Lanka is in the midst of the reconstruction acknowledge the generous support we received phase. According to experts and numerous from the Korean Library Association, the Hun- studies done on the reconstruction, it is envis- garian Library Association, the National Library aged that it will take a minimum of three to five for the Blind, UK, Weld Library District, years, if not more, to recover from the disaster.
Most of the countries provided or become a major social issue and the government pledged funds or other forms of assistance had to introduce special legislation to deal with towards the government of Sri Lanka in general the situation. The National Child Protection Authority is the Through its office in New Delhi, UNESCO has guardian of such children, even though they may been involved in our library rebuilding and be in the custody of foster parents or in an insti- rehabilitation activities from their inception.
In tution. From UN short period, and Mr Abdulaziz Abid of the agencies down to school children from distant Information for All Programme, helped us in countries, there was an instant response to the numerous ways. Already a large number of manuscripts have The National Library provides reading material been received and it is hoped to publish the in a lockable box and with instructions on how selected ones during the National Reading to operate a basic lending service.
These book Month in October Sri Lanka declared the month of October as the National Reading Month in and this year Provision of Books and Other Reading Material special attention will be paid to the tsunami- affected areas during the National Reading The National Library and other organizations Month campaign.
Though many offers of level competitions for posters, photographs and books have been received, many are either used essays on the theme. Some of this material is unsuitable for small school or public libraries and some offers have Long Term Library Development had to be refused. Since most of these libraries are relatively small, it is virtually impossible to Rebuilding School Libraries store unwanted or rarely used material without The rebuilding of affected schools and school sacrificing valuable space.
According to the blueprint developed to the tsunami and these items are in great by the Ministry of Education, the minimum cost demand from all types of libraries. Apart from per school is approximately SLR 40 million furniture lost due to the collapse of library USD , and includes science labora- buildings, being washed away by the waves and tories, a multimedia unit, a fully-fledged theft and vandalism after the incident, instances computer learning centre, a large library and a of refugees using school furniture as firewood gymnasium.
During the past seven months the National Library managed to provide basic library furniture such as reading Rebuilding Public Libraries tables, chairs, book cupboards and book racks Compared to the school sector the local govern- to a number of libraries, helping these insti- ment sector has been somewhat slow in recon- tutions to restart basic services. Library furni- struction activities. While a number of new ture to the value of SLR 7 million USD 70, cities and towns have been planned in the area has already been ordered for the second phase with the necessary infrastructure facilities, of distribution.
This has directly affected the rebuilding of public Publication Programme libraries as well. A number of programmes have been initiated with the aim of publishing books suitable for Library Building Plans tsunami-affected children. Some librarians are canvassing authors have been requested to submit suitable for tsunami-resistant library buildings; e.
The need for an effective national disaster pre- paredness plan for libraries has been clearly The concept of developing special plastic con- shown by the tsunami disaster. We have individ- tainers to store valuable library material is also ual disaster plans for some major libraries in the being discussed. This will be a provide the services of an expert in library priority in our activities in the coming months. An emergency two other libraries.
The ideal would be to twin aid fund known as Cultural Emergency an affected library with one overseas library and Response was set up in The Netherlands in one local library. We hope that this new triangu- and made an initial grant of EUR 20, to the lar model of twinning will lead to close cooper- Iraqi government for the purchase of furniture ation of libraries at global level. The two and equipment for the library of the University supporting libraries are required to provide pro- of Baghdad.
However, something more than just fessional, material, monitoring and general financial assistance is required. We have wit- assistance in any possible form within their nessed the serious effects on cultural property, existing capability. Even the Rebuilding the Social Fabric United States will need similar assistance after Hurricane Katrina devastated much of New The repair and rebuilding of the village-based Orleans and surrounding areas; in a statement social fabric in the coastal zone of Sri Lanka has published elsewhere in this issue of IFLA become the principal challenge at present.
Such In the post-tsunami era the primary concentra- a team could identify vulnerable resources, tion of the government, international organiz- assess the damage and take remedial action. In ations, NGOs and others has been on the such a situation this would be more beneficial immediate needs of the people and on infra- than long-term assistance. Hence, as both the government and NGOs have constantly reminded us, library development and recon- struction cannot be considered a priority.
Conclusion Within this environment it is a continuous struggle for the National Library and the DMC As I mentioned at the outset, large scale library to include library reconstruction in the bigger tragedies are rare and far between. In recounting picture. While thanking those who have helped us in World Bank, Colombo. Department of Census and Statistics. A special word Institute of Policy Studies Phoenix from the of appreciation should be recorded to my Sri ashes? Institute of a difficult task against many odds.
I am confi- Policy Studies, Colombo. Original available on Cooperation and World Bank. They committed to: 1. It would have been encouraging to see libraries clearly included as one of the goals because providing universal free public libraries would help these current goals to be accomplished.
These eight goals are strategic. This paper will Ellen Forsyth works at the State focus on how library services relate to them. Library services are Library of New South Wales in more pertinent to some goals than others. This will be apparent Sydney, Australia providing advice through this paper. Prior to The UNESCO Public Library Manifesto states that this she worked in public libraries, including managing the provision the public library, the local gateway to knowledge, provides of reference and information a basic condition for lifelong learning, independent decision- services, staff training, coopera- making and cultural development of the individual and social tive web work, technical services, groups.
The , Australia. Libraries E-mail eforsyth sl. Library staff have expertise to contribute to the gov. Libraries are integral to community development. They provide access to information and works of imagination in a variety of formats and languages. Libraries contribute to social capital and social inclusion, making communities with libraries stronger than communities without them. They are On a more immediately practical level libraries places for people who read, or who are learning can provide information to assist with local efforts to read, or who do not read.
There is a space for to eradicate extreme poverty and hunger. Libraries are able to provide local, national and Libraries are integral to the Millennium regional information in the form of statistical Development Goals being achieved. These Australia is well along the path to achieving the resources may be made available electronically Millennium Development Goals, as are quite a such as the World Bank e-library, or in print like few other countries, particularly in Western the training and other publications produced by Europe and North America.
They can also be community circumstances in which to do it. Goal 1: Eradicate Extreme Poverty and Books and other library resources and services Hunger will not fill empty bellies, but each library has a role to help bring change in its community. The Digital Gangetic Plains in India, which used world already has the capability to end extreme wireless technology to provide Internet connec- poverty and hunger.
Governments have decided tions in rural areas, with the Internet Village this goal is a priority, and numbered it first Motoman in Cambodia, which has provided among the Millennium Development Goals, telecommunications to some villages for the first because it affects the likelihood of other goals time,6 or with the Warna Wired Village Project, being achieved. Librarians, as members of the which provides Indian farmers with agricultural electorate or of political parties, and through information, critical for their daily business, over their professional associations and institutional the Internet.
They can also support community these projects, particularly by including children, initiatives, such as the Micah Challenge,3 an young people and women. This is library staff acting individu- ally on the basis of personal belief. For some, this will mean school or public libraries being involved would raising awareness of this as an issue, or provid- be very difficult. Over the last few years various ing a place where relevant information in appro- research shows that priate languages and formats can be found.
A strong library program that is adequately Public libraries are places where the whole com- staffed, resourced and funded can lead to munity can come and use the resources or, as in higher student achievement regardless of the Shidhulai Swanirvar Sangstra project in the socio-economic or educational levels of Bangladesh, libraries and technology can be the adults in the community. They support the teaching provided in each school, and can be operated out of fixed build- The idea of these tents could be taken elsewhere, ings, tents or book carts.
This is a way of reinforcing a culture study, as well as an environment for studying of reading in communities which have signifi- outside school hours. This environment can support the space — without spending money. In her Public libraries can provide a secure environ- paper on the educational role of the national ment for homeless children to study in, a place library of Trinidad and Tobago, Joan Osborne to access resources when there are none at home writes that or even at school.
Story time sessions can help with the literacy of children — and possibly their at the start of the twenty-first century life parents. Libraries can analytically. The developing world is now help people, from the very young to the very old, more than ever aware of the value of uni- to develop the skills they need to be fully versal literacy as a link between culture and involved in the Information Society.
Reading is key to ture, as in Namibia, there are still further options development. Ellen Ndeshi Namhila informs us that Libraries are the key to providing access to reading materials. In Kenya this has been Community Libraries throughout Namibia achieved through the use of reading tents, which provide access to information and knowl- edge; they are the center for lifelong serve as mobile libraries that are portable learning. ICT skills training for library staff and travel from place to place encouraging and the provision of ICT equipment and voluntary reading and consequently the software is necessary because these development of literacy.
They serve as libraries exist all around the country and extension tools to places where there are they are utilized on a daily basis by many inadequate or no library services. Libraries and information services offer secure The information could be available in books, environments in which women and girls can pamphlets, audio, audiovisual or web-based obtain the information they need to take control forms.
There is an abundance of publications of their lives and influence their societies. One which could be made available this way, in area this may occur in is employment. IFLA numerous languages. There would be the poten- states that tial for libraries within a state or country to provide an accredited set of information on Non-discriminatory employment in libraries health or other issues to public libraries.
These and information services provides career could be selected at a state or national library opportunities for women, many of whom level such as the LIAC Legal Information have attained positions of leadership. Both of these projects use experts in the everyone, provided they are open to all ages, all selection of the plain language material provided groups and all individuals in the community. This allows the artisan-based cooperatives specifically targeting expertise, as well as the resources, to be distrib- women.
Libraries may be able to provide women uted over a broader area and for people to be as trainers for cooperatives as well as teaching able to receive the information they are after materials in appropriate formats as suggested by from their local public library. Libraries can The National Library of Trinidad and Tobago provide meeting places for community edu- has a program of Citizenship Education to give cation, for one-on-one consultation with health people the skills and confidence to be active par- experts, or for different groups within the com- ticipants within their democracy.
Other libraries munity. There is a role here for works of fiction23 as well as non- This focus allows all the community to be able fiction in raising community awareness. As to contribute, rather than only the powerful. Ways sharing stories to help encourage changes in in which libraries can engage with slum com- behaviour to limit the spread of this disease. For Information should be available in a range of example in Bilhai, India there is a rickshaw- accessible formats, including spoken and visual based mobile library which visits six slum areas forms, as not everyone can read and some things each week with books and toys for loan.
For increased funding, this has the potential for example in Swaziland in , expanding the range of library services which could be made available to slum dwellers. It a collection in a variety of formats, covering could then cover the full range of public library a wide range of subjects and appealing to a services, including recording oral histories and select cross-section of library users is avail- supporting local studies, story times, talks of able through a number of libraries in Swazi- interest to the community and a sharing of tra- land.
The Hlatikhulu public library has ditional knowledge. Already there is a service like this in Northern Thailand where At the IFLA conference Maitrayee Ghosh satellite-enabled elephant mobile libraries from the University of Mumbai suggested that provide a library service to remote areas.
This provided for this area of health information as allows the books and Internet access to be avail- well. The donkeys Goal 7: Ensure Environmental with the solar power can take a library into a Sustainability new area. The library also needs to become Librarians have an important role to play in involved in community discussions, as has building community in neighborhoods, happened with libraries and knowledge centres towns, cities, counties, states and the nation.
The Northern Territory Library and the honest and diligent keepers and dissem- the State Library of Queensland held discussions inators of the human record. These consulta- For places without librarians this is an idea tive processes allow services and resources to be waiting to be discovered.
Librarians also have to tailored to the needs of each community, while be proactive in this role while working with the also allowing a consistent level of service to be community and as part of the community to help maintained across vast areas with people with bring about change. This is relevant for both diverse needs. They allow the inclusion of developing and developed countries. This means that planning for the pro- services foster understanding and communi- vision of library services is done in appropriate cation.
This is particularly important in development. An important aspect of the global part- preservation of culture. This preservation nership for development is the recognition and element can also help build environmental sus- preservation of traditional and indigenous tainability as people learn from the past, using knowledge systems.
Libraries can help com- some information and building on and changing munities have more control over the use of their other elements. There is also the need, as Okiy knowledge about local plants through a local writes in the context of Nigeria, for public botanical database. Through libraries document- libraries to ensure that their services accommo- ing or assisting in documenting the local flora, date people who do not read.
This can help provide Many communities do not have access to recognition to indigenous knowledge. Global libraries and it is difficult for them to imagine partnerships, possibly between neighbouring what libraries can provide. Before being asked countries, can help provide protection for intel- what kind of library they think is best for them, lectual property rights. These partnerships could communities should be informed about the expand the potential for people to benefit from possibilities.
This can include story telling, local government level. For example, Leichhardt including the preservation of traditional stories, Council in New South Wales has been involved to literacy and the sharing and preservation of in a project to set up a public library in Maliana, cultural practices such as are being recorded in East Timor. The project has been actively sup- the Northern Territory of Australia as part of the ported by the whole Council as well as the local Libraries and Knowledge Centres collections.
This project has This initiative is at a local level, but the method teachers from Portugal as partners as well; they used in the Northern Territory could be spread have set up an education resource centre for further afield. This Millennium Development Goals, are indicated is the key to creating a globally inclusive in Table 1.
The roles are not in order of priority. By enabling access to information December tsunami. Summary of library roles and the Millennium Development Goals. This is crucial for the country. This is not a new idea, however, Sri Lanka. This would also help to further global perhaps it is time to revisit it. There need to be clear time lines for developing Much aid and development money is going to new library services including planning for areas affected by the tsunami.
Perhaps a guaran- services and any infrastructure. It is important to teed percentage of this funding could be used to keep in mind that whatever the cost of provid- rebuild or start libraries. This idea of a percent- ing a public library service to a community, the age of development funds being used for libraries cost of not providing it is even higher.
Libraries can be taken further. If library development are an economical way of facilitating change, could have a guaranteed percentage of all learning and recording key local events. Makenzi, Margaret. Reaching out to the less areas as well; both those who can read, and advantaged: reading tents in Kenya. As each country looks for ways to Osborne, Joan.
The educational role of national ations need to be at the forefront of the dis- libraries — a case study of the National Library of cussion, offering skills and ideas and showing Trinidad and Tobago. Without the proactive involve- Buenos Aires, Argentina, p. If librarians work with com- e-Osborne. Namhila, Ellen Ndeshi. Our governments have decided that the August , Buenos Aires, Argentina, p.
Millennium Development Goals are a priority. Will the Promoting the global information commons: A goals benefit our communities or will other commentary on the library and information priorities hinder our cooperation? IFLA, 6 June The gender dimension in rural cooperatives. From a paper commissioned by FAO for the Centennial 1. Manchester, UK, September Osborne, op cit.
State Library of New South Wales. Legal 3. Micah challenge: Australia. Retrieved 13 October Information Access Centre. Retrieved 22 Drug Information at your local library. Berger, Agot. Recent trends in library services for Nigeria. Bulletin of the American Society for ethnic minorities — the Danish experience. Vigue, Doreen Judica. On Cape Cod, library is 6. Digital dividend. Retrieved 6 September from place to be. Baffour-Awuah, Margaret. Fiction as a Tool to Fight 7.
Bindra, Satinder. World Library and Indian sugar cane region. Retrieved 11 January 8. IFLA, Swaziland case study. Library Review, 49 1 : Retrieved 12 October from p. Ghosh, Maitrayee. Save the society from an AIDS Caballero, Maria Cristina. Washington: Council perspective. Council, 14—18 August , Oslo, Norway. Books on wheels: a library for slum children.
Promoting the global information commons, op. Okiy, Rose Bini. Information for rural development: Library Libraries Section, Newsletter, No. Amarasiri, Upali. Rising from the wreckage: ifla. Donkeys help provide multi-media library services.
A librarian at every MSU. The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architec- ture; and advertisements, maps and technical drawings World Intellectual Property Organization, Copyright and its related rights are essential to human creativity, by giving creators incentives in the form of recognition and fair About the authors: page economic rewards.
Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to and enhances the enjoyment of culture, knowledge, and enter- tainment all over the world. Book piracy is as old as the publishing industry itself. The extent of piracy continued to increase, particularly, in the second half of the previous century.
An unprecedented increase has taken place after the emergence of new states as a result of de-colonization and a rapid growth of higher education in the newly independent states. Since all the modern sciences have developed in western countries their intellectual leadership is universally accepted. Western textbooks, other books and research journals are used as instruction materials for higher education throughout the world. The English language has become an almost international academic language anywhere.
However, nations may extend pro- for academic purposes, and brought inter- tection longer. Minimum Exclusive Rights: Under the Berne Convention, copyright holders must be Pakistan has experienced a rapid and enormous guaranteed six rights for the entire life of the expansion of higher education in recent years.
On the one integrity. Its main features are the following: in Pakistan are less able to purchase high-priced imported books. This situation resulted in the 1 no signatory nation should accord its local reproduction of cheap editions in violation domestic authors more favorable copyright of copyright laws.
The most important of these are the Berne the year of first publication; a signatory Convention for the Protection of Literary and nation, however, might require further for- Artistic Works, and the Universal Copy- malities, provided such formalities do not right Convention, Up to the Berne Convention term ; went through eight amendments. There are four 4 all adhering nations are required to grant an salient features of this convention: national treat- exclusive right of translation for a seven- ment, preclusion of formalities, minimum terms year period, subject to a compulsory license of protection, and minimum exclusive rights: under certain circumstances for the balance of the term of copyright Encyclopedia National Treatment: Signatories to the Berne Britannica, Convention have agreed to treat foreign copy- right owners as legally equal to domestic Pakistan is a member of both the Berne Copy- copyright holders.
This means that, for right Union and the Universal Copyright Con- example, an American author publishing a vention. Preclusion of Formalities: Under the Berne Con- vention, neither formal registration nor publi- The copyright law in Pakistan is governed by the cation of a copyright notice can be required in Copyright Ordinance, The Copyright Rules, order to procure a copyright. It is worth have been framed for the proper working of noting, however, that signatory nations retain the Ordinance.
Significant changes in the Ordi- the right to make formal procedures useful in nance were introduced through the Copyright challenge proceedings. Minimum Terms of Protection: Nations party to The period of copyright of a published literary, the Berne Convention must extend copyright dramatic, musical or artistic work is the life of protection through the life of the author plus the author and 50 years after his death. The Ordinance, therefore, In particular, there is an express provision in the enables a copyright owner to register his copy- Ordinance which deals with the offences by right with the Copyright Office and the certifi- companies.
According to this provision, if a cate of registration is fully enforceable in a court company commits any offence under the Ordi- of law and is prima facie evidence that copyright nance, every person who was in charge of and subsists in the work and that the registrant is the responsible to the company for the conduct of its owner thereof. In these cases up to words or mission of the offence, that person will not be 40 lines can be copied.
It is also allowed that up held liable to any punishment. Further under the to three copies of a book can be made by or Ordinance a police officer is also empowered to under the direction of the person in charge of a seize without warrant for production before a public or academic library for use by the public Magistrate infringing copies of the work and the free of charge if such book is not available for equipment etc. All these reproductions are allowed with the acknowledgements of original title and author.
Administrative remedies consist of moving the Registrar of Copyrights to ban the import and The Ordinance also provides for enforcement of export of infringing copies in Pakistan. An appli- copyright, and allows three types of remedies to cation may be made to the customs officer func- the person whose copyright has been infringed. Pakistan which is suspected to contain infring- ing copies of any work which is the subject of Civil remedies include injunction, damages, copyright Vellani and Vellani, In the case of innocent The amendments in the Copyright Ordi- infringements some of these remedies are not nance provide strong tools to fight piracy.
The available, e. Section The International Intellectual Property Alliance IIPA represents 1, United States companies In spite of international conventions and producing and distributing materials protected national laws, book piracy has been a common by copyright laws throughout the world.
The phenomenon in Pakistan. What are the causes of IIPA publishes annual reviews of copyright this grave situation? What should be done to piracy of US materials by various countries. Some authors have tried to During , the estimated total trade loss of US answer these questions.
Mirza stated that book industry amounted to USD millions in the policies of the Pakistan government discour- 67 selected countries. Figures for ten foreign books. As a consequence, small printers years of US losses due to book piracy in Pakistan and publishers got a chance to pirate books. In , IIPA recom- Foreign publishers were also reluctant to give mended that Pakistan be designated as a reprinting rights to local publishers. Haider stated that tionaries was widespread.
Reprint piracy and commercial photo- reading habits and boosts literacy by making copying remained major problems. Trade bestsellers were pirated in large numbers and available everywhere. In Sethi stated that: Laws in Pakistan relating to copyright are both strict and clear.
However, implementa- Year Loss tion is problem because legal redress can be USD million long and costly. There is, by and large, no infringement of local copyrights. But foreign 30 works are difficult to protect from piracy for two main reasons: a foreign books are very 30 expensive and invariably in short supply 30 with booksellers at critical times in the cur- riculum year.
Hence the pirate moves in to 40 fill the vacuum at extremely low prices, b foreign publishers are not prepared to 42 defend their copyright in Pakistani courts of 45 law by hiring good lawyers and spending time and money chasing pirates pp. Estimated trade losses of US book schools and for the education of special industry due to copyright piracy in Pakistan. The publish- i supervise and coordinate the working of all ing industry reported that some raids were run intellectual property offices including against book pirate operations since For example, for publishers, although the j advise the federal government on policy law now enables a judge to put someone in jail relating to intellectual property rights; for 1 to 3 years, and fine them up to PKR k plan for future development and up-grada- , USD 1, , the maximum fine that a tion of intellectual property infrastructure pirate has received from prosecutions for pub- and capacity in Pakistan; lishing piracy was PKR 15, USD in l initiate research in the field of intellectual ; hardly a deterrent, and most cases resulted property; in far lower fines.
No sentences involving m advise the federal government regarding the imprisonment were meted out. The IIPA also n promote awareness about intellectual criticized the fact that copyright law in Pakistan property issues in the public and private was not compatible with international conven- sector; tions and agreements International Intellectual o propose and initiate intellectual property Property Alliance, Most significant is the q coordinate the implementation of foreign- creation of the Pakistan Intellectual Property aided technical assistance projects on intel- Rights Organization PIPRO.
According to the Bill, the powers lectual property assigned by the federal and functions of PIPRO will be to government; s liaise with counterpart and related techni- a administer and coordinate all government cal organizations in other countries; systems for the protection of intellectual t develop working manuals, references, property rights; materials and procedures in order to assist b prescribe, regulate or implement measures in improving the protection of intellectual and standards on any matter related to or property rights MoC prepares draft of connected with intellectual property; PIPRO Act, The better protection of copyrights PIPRO and its constituent offices; in the country will certainly raise the dignity of f carry out such other works or activities as Pakistan in the global community.
They were provided This study is limited to copyright and piracy with a list of eleven statements to demonstrate issues of books and periodicals only. Other types their views. The results revealed that the most of intellectual rights, e. Other reasons given in Table 2 got the atten- To achieve the objectives of this study a ques- tion of less than 30 percent of the respondents. There was no comprehensive direc- parties involved in the book trade benefit from tory of the book trade in Pakistan.
On the basis the piracy of books. On the one hand the avail- of some short directories and with the help of ability of pirated editions helps the readers, who professional librarians the researchers prepared may not afford to buy high-priced original a list of enterprises involved in the book editions; on the other hand, publishers and trade in Islamabad, Lahore, Karachi, Peshawar booksellers earn considerable profits from book and Quetta federal and provincial capital piracy.
When asked about beneficiaries, a sig- cities. A simple random sample of 90 respon- nificant proportion 41 percent of the respon- dents approximately 10 percent of the total dents were of the view that publishers were the population was drawn. A questionnaire was main beneficiaries. About the same proportion sent to the selected booksellers. Eighty-three 39 percent stated that the major beneficiaries Rank Causes No. Opinion about causes of book piracy. In the view beneficiaries of 40 percent of the respondents, the existing copyright law was effective in curbing book 1 Publishers 41 piracy in Pakistan.
Only 30 percent were of the view that international conventions were 2 Booksellers 39 respected in the Pakistani book trade. A small number 19 percent opined that copyright 3 Readers 18 notices on the books could prevent book piracy. Table 3. Major beneficiaries of book piracy.
About half 47 percent of the respondents were satisfied with the legal provisions in the Copy- right Ordinance regarding book piracy. Eighteen percent respon- ded that readers got the most from book piracy Although many people in the book trade were Table 3. The results are given in 5. A significant majority 60 percent suggested Table 4. A large majority of the respondents 92 strict enforcement of the copyright law.
About percent was aware that there was a copyright half 48 percent of the respondents were of the law in Pakistan. However, international copy- view that the original editions of textbooks right conventions were not well known to the should be made available at subsidized prices. Table 4. Awareness and opinion about copyright laws.
Rank Measures No. Suggested measures to be taken against book piracy. Government of Pakistan in was a step in the right direction. This organization is still waiting for government funding and proper Recommendations legislation. This campaign might emphasize moral obligations Conclusion as well as the legal provisions of copyright law.
The readers may be informed about the dis- It is a fact that no nation can develop when advantages of pirated books, especially about creativity and intellectual property are suscep- the bad effects of their printing quality on the tible to damage and destruction instead of being eyesight and understanding of the contents. More efficient them unaffordable for poor students.
This and vigilant officials and prompt judicial pro- provides room for piracy. The Pakistan govern- culprits may have a deterrent effect in general. By taking positive steps towards curtail- customs staff, prosecutors and judges in ing book piracy Pakistan can earn a good dealing with the cases of copyright violation.
Membership of indi- cheaper books. Foreign publishers, the Pakistan viduals found guilty of copyright violation government, and book trade organizations must after investigation may be cancelled. Foreign publishers should supply textbooks at special prices for developing countries. For this purpose foreign References publishers can open sub-offices in Pakistan.
Chaudhry, A. Feather, J. International Encyclo- pedia of Information and Library Science. Haider, S. Unpublished doctoral disser- by academic institutions, like universities and tation, Loughborough University of Technology. Gutenberg ations may be encouraged. Jahrbuch, — Retrieved 10 April from: and international conferences. Information Science Journal. He has organized Mirza, M. Congress and many courses and workshops, particularly on library Pakistan.
Punjab, Lahore, Pakistan. Sethi, N. Saad and I. Kats eds Reader on book publishing in Pakistan. Karachi: Royal Book Company, pp. He has right and related rights. Haagse Hogeschool, Netherlands and is also a html graduate in law and Islamic studies.
Presently he is doing doctoral research on library and information science education in Pakistan. Khalid Mahmood is a Lecturer in Library and Group. He has contributed 14 research articles to Information Science at the University of the Punjab. He may be contacted at: and information science he holds degrees in law and Department of Library and Information Science, Uni- Islamic studies, he is President, Pakistan Library versity of Balochistan, Quetta, Pakistan. He has published five books, 81 The result of the first convergence, i.
Consequently, an unprecedented increase in the quantity of information is being produced from genetic labora- tories all over the world. The phenomenal quantity of information or merely of data? Harinder P. Kalra is Senior Lecturer in the Department of In the light of this second information explosion and the coming Library and Information Science, of age of the information society in many parts of the world, the Punjabi University, Patiala, India. He obtained his used by library and information professionals worldwide, i.
He has supervised eleven MLIS dissertations. The rise of undergradu- service. He has 25 publications to ate and advanced degree and training programmes in bioinfor- his credit, including articles and matics all over the world has been phenomenal Altschul, research papers in national and and the situation of more supply than demand of trained international journals and confer- manpower in this field in the United Kingdom has been examined ence proceedings.
He is a life by Den Besten He may In this burgeoning field, it is becoming increasingly difficult be contacted at: Department of to establish what are or will be the essentials [of bioinformat- Library and Information Science, ics]. Altschul, India, E-mail: harry pbi. It is not that there have not been attempts to define the emerging subject. The origin of many subjects at the end of the last century and in the 21st century is cross-disciplinary in nature, and bioin- formatics does not seem to be an exception to this phenomenon.
Kalra The cross-disciplinary nature of bioinformatics is the creation, development, and operation of evident in the words of Critchlow et al. The processes, methods, and identifying tumors in MRI images. The study of the structure of has witnessed an information revolution as knowledge and of its embodiment in infor- a result of both of the development of rapid mation-handling systems.
The study of the DNA sequencing techniques and of the cor- handling and communication of infor- responding progress in computer-based mation, particularly by automated and elec- technologies, which are allowing us to cope tronic means.
Harrod, , p. The broad term that was The earliest definition of informatics by coined in the mid—s to encompass Mikhailov , quoted in the second edition computer applications in biological sciences of the Oxford English Dictionary OED , is is bioinformatics.
People from many other subjects, such as mation activity, its theory, history, methodol- computer scientists, mathematicians and statisti- ogy and organization. Oxford English cians joined the bandwagon. Librarians and Dictionary, , Vol. As Attwood and much broader and put the term in context. Parry-Smith , p. In the Bioinformatics — an Umbrella Term? A few name. Some of the following identify subject definitions and descriptions of informatics and areas where the term can be used, while others bioinformatics set the context for establishing specify activities.
It is used synonymously and the need for a cross-disciplinary definition. Carr , 82 S. Ct We shall mention here the words of scholar Haim Cohen in his book The Law p. All these sources have a similar trend — holding law at the most public location out of recognition that justice must be seen and not just made R v. When often it seems fitting in his heart to perform a Mitzva that he may pray with greater holiness and cleanliness, in order that he may forget his offense against the laws of the Torah on the other hand.
And sages may their memory be a blessing instructed us explicitly of the need for such calculations, and this is what they said Bavli, Baba Batra, 78 : therefore the governors may say let us calculate, and those who control their nature and impulses shall say let us calculate the calculations of the world — the cost of a mitzvah against its benefit and the benefit of an offense against its cost.
This is a drastic means, whose harm to the public hearing is difficult and egregious. Using this means may prevent, to a great extent, the effective publicness of hearings. Therefore, the Court may seriously consider the matter of whether alternative means that are less restrictive and which may realize the purpose of preventing unnecessary harm to the good reputation of a plaintiff, exist. Indeed, it seems the proper way to prevent publication of sensitive information in web search engines does not include the prohibition of some indexation or another, but it must simply be ensured that sensitive information is not found in a judgment, even before it is published to the general public — and this may be done in several ways.
The Respondent may conduct refresher trainings to the administrative and legal staff on issues of privacy in writing judgments; it is possible publish the judgment to the litigating parties alone, several days before publishing on the internet, while providing the parties with opportunity to seek the redaction of irrelevant personal details this is the path of American law.
See Fed. And in the Vehicle Insurance Database case, I had to opportunity to say the following:. Indeed that was close to two decades ago, and there were yet to be the developed databases there currently are or the computerization, and judgments therefore were not in the public domain to the same extent. Today, when by easy typing and minimal effort it is possible to access all of case law, the potential harm to those whose health details may be exposed is greater.
Indeed there are things that today are thoughts of the heart and tomorrow are reality. In conjunction to the steps mentioned, there are additional steps that may be promoted on a legislative level. Let us recall here that the legislative branch is aware of the harm done to the privacy of litigating parties as a result of publishing judgments, and operates in order to balance between this harm and the principle of a public hearing.
Another examples is amendment n. Deputy President. I join the position of my colleague the Deputy President E. The Government of Israel July 2, Balancing between the values and the basic rights noted is no simple task at all and my colleague the Deputy President discussed this in his illuminating opinion. This balance ought to be designed and regulated by the legislature or according to his explicit authorization.
In the absence of such authorization, I join the position of my colleague that the decision subject the Petition, made by the Respondent on August 18, , was made without authority. I join the outcome reached by my colleague, Deputy President E. We are in the midst of an information revolution that was brought by the internet age. Information that was once accessible only to experts in their field is now accessible to anyone who seeks in, quickly and easily. The Israeli Internet Association March 24, The judiciary authority is not exception, and it too must rethink certain issues.
But what is their outcome? Through Takdin Light, his search leads Levi to that same judgment that Reuven found as well. This is what it means: lawyers, jurists, and those with access to legal databases will be able to find what they are looking for; but not the general public. The ability to locate judgments is not eliminated then, rather only those with access to the various legal databases — access which requires significant funds, as well as research skills that are not necessarily acquired by the general public — may locate them.
In my opinion — in light of the nature of the rights at stake and in light of the high significance and the broad consequences such a decision — which requires a delicate balance between a variety of relevant considerations which may pull in opposite directions — necessitates a legislative anchor, which is not present in our matter.
This on the authority level. Second, and more importantly, this harm can be reduced through alternatives, a few of which my colleagues presented in his opinion, including, for example, advance delivery of judgments to parties in order that they may move for redaction of private and irrelevant details; computerized scanning of judgments designed to locate sensitive information; and various legislative steps see para.
All of these are available without minimizing at all the duty to make sure in advance that sensitive information — certainly that which is not material to determining a dispute — is not included in a judgment even in advance of its publication to the general public, a duty imposed primarily upon judges. Deputy President Justice Justice. Elections for the 23 rd Knesset were held on March 2, , and the new Knesset was set to be sworn in on March 16, On March 15, , in anticipation of the swearing in of the Knesset, several factions, comprising 61 Members of Knesset, requested that the acting Speaker of the Knesset, MK Yoel Yuli Edelstein, include a motion for the election of a permanent Speaker for the 23 rd Knesset on the agenda of that session.
The Speaker refused. The Petitioners argued that the acting Speaker had a personal conflict of interests, is acting unreasonably, and that his decision not to include the election of a permanent Speaker of the Knesset on the Knesset agenda is tainted by extraneous considerations. The Petitioners added that sec. The Petitioners also asked for additional remedies concerning the appointment of an Arrangements Committee and the issue of the application of the Public Health New Coronavirus Home Isolation and Other Directives Temporary Provision Order, , to the activity of the Knesset,.
According to the Speaker, he enjoys discretion in setting the agenda of the plenum, and he therefore acted within the bounds of his authority, reasonably, and in accordance with custom. The Knesset Legal Advisor argued that the Speaker is granted discretion in regard to setting the agenda, and that the Knesset Rules of Procedure require the election of a permanent Speaker prior to the establishment of the Government.
The Likud faction argued that the Speaker acted in accordance with the law and the Knesset Rules of Procedure, and that the Court should not intervene in his exercise of discretion. Hayut, Deputy President H. Melcer, Justice N. Hendel, Justice U. Vogelman, Justice I. Amit issued a partial judgment, treating only of the issue of the election of a permanent Speaker. In granting the petitions, the unanimous Court held:.
The Court therefore made an order absolute instructing that the Speaker of the Knesset must convene the Knesset plenum as soon as possible, for the purpose of electing a permanent Speaker of the 23rd Knesset, and no later than Wednesday, March 25, Following the issuing of the above judgment, on March 25, , the acting Speaker convened a plenary session of the Knesset, gave notice of his resignation, and adjourned the session.
In so doing, the Speaker violated the order absolute instructing him to convene the plenum for the purpose of electing a permanent Speaker. In response, the Court held:. MK Avraham Nissenkorn. Labor-Meretz Faction. Speaker of the Knesset.
Knesset Legal Advisor. Likud Knesset Faction. Attorney General. The 34 th Government of Israel. Speaker of the Knesset , IsrSC 49 4 Yossi Sarid v. Prime Minister , Jan. Speaker of the Knesset , March 28, Knesset of Israel , June 18, Knesset of Israel , IsrSC 49 1 Knesset Committee , Jan.
Minister for Religious Affairs , Dec. The Prime Minister; Cherry v. Before: President E. The five petitions before the Court are directed against Respondent 1, the acting Speaker of the Knesset hereinafter: the Speaker , not to include the election of a permanent Speaker for the 23 rd Knesset on the Knesset plenary agenda, although a request in this matter was presented to him by Knesset factions representing 61 Members of Knesset.
At the outset, I would note that some of the petitions requested additional remedies concerning the appointment of an Arrangements Committee , and in regard to the application of the provisions of the Public Health New Coronavirus Home Isolation and Other Directives Temporary Provision Order, hereinafter: the Public Health Regulations to the activity of the Knesset, due to the outbreak of the coronavirus in Israel. Therefore, we ordered an updated notice in regard to these two issues, and the hearing before the Court focused upon the question of convening a plenary session for the purpose of electing a permanent Speaker.
Elections for the 23 rd Knesset were held on March 2, , and it was set to be sworn in on March 16, In anticipation of the swearing in of the Knesset, several factions, comprising 61 Members of Knesset, requested that the Speaker of the Knesset include on the agenda of that session, inter alia, a motion for the election of a permanent Speaker for the 23 rd Knesset. The following day, the attorneys of the Blue and White faction renewed their request to the Speaker of the Knesset and the Knesset Legal Advisor, and insisted that, in their opinion, the Speaker did not have the authority to prevent a debate on this matter.
In a letter sent by the Knesset Legal Advisor to the Speaker of the Knesset on March 18, , the Knesset Legal Advisor addressed the importance of convening the Arrangements Committee, but refrained from addressing the issue of appointing a permanent Speaker.
At its request, the Likud faction hereinafter: the Likud was joined as a respondent to the petitions. The Petitioners argue that the acting Speaker has a personal conflict of interests, is acting unreasonably, and that his decision not to include the election of a permanent Speaker of the Knesset on the Knesset agenda is tainted by extraneous considerations.
The Petitioners note that sec. However, the positions of the Speaker and of the Legal Advisor diverged on this point. According to the Speaker, he enjoys discretion in deciding upon the agenda of the plenum, and he therefore acted within the bounds of his authority, reasonably, and in accordance with custom when he took account of considerations related to the coalition negotiations, particularly in light of the outbreak of the coronavirus and the national state of emergency.
The Likud is of the opinion that the Speaker acted in accordance with the law and the Knesset Rules of Procedure, and that the Court should not intervene in the exercise of his discretion. Chairman of the Knesset . That is the central question presented for decision in the petitions before the Court. Section 20 a of Basic Law: The Knesset provides that:. The Knesset shall elect from among its members a Speaker and Deputy Speakers.
Until the election of the Knesset Speaker, the Speaker of the outgoing Knesset shall continue to serve, should he have been reelected as a Member of the Knesset, and if he has not been reelected the most veteran Knesset Member, who is not the Prime Minister, a Minister or Deputy Minister, shall serve as acting Speaker. In this article, "most veteran" — whoever has served in the Knesset for the longest period, consecutively or intermittently, and from among those with equal seniority — the eldest among them.
The language of this provision was established in an amendment to the Basic Law in Prior to that amendment, the most veteran Knesset Member served as acting Speaker even if the Speaker of the outgoing Knesset was reelected as a Member of Knesset. The Explanatory Notes to the Bill noted that the amendment was intended to apply the continuity principle to the office of Speaker of the Knesset, in a manner similar to that set out in sec.
Section 2 b of the Knesset Rules of Procedure, mentioned above, further establishes in regard to the election of the Speaker of the Knesset:. The Speaker shall be elected no later than the date on which the Knesset convened for the purpose of establishing the Government, as stated in article 13 of Basic Law: The Government.
Should the election of the Knesset Speaker be scheduled for the same date set for the sitting for the purpose of establishing the Government, the Speaker shall be elected first. Section 2 b sets a timeframe according to which the latest date for the election of the Speaker of the Knesset after its convening is the date of establishing the Government. This provision leaves it to the discretion of the acting Speaker to decide upon the date within this timeframe for putting the election of the permanent Speaker on the agenda of the plenum.
As opposed to the position of Respondent 1, we are of the opinion that, given the fact that we are concerned with an acting Speaker serving by virtue of the continuity rule, and given that the matter directly concerns him, the discretion afforded him in this regard is not broad, but rather very limited and defined. This is particularly true given that over the course of the last year, there were three elections, and Respondent 1 has, in practice, served as acting Speaker since the convening of the 22 nd Knesset.
Indeed, since the dissolution of the Knesset on Dec. On April 30, , following the elections for the 21 st Knesset, at the time of swearing in of the Knesset, Respondent 1 was elected to serve as Speaker by a majority of Members of Knesset and without opposition. He now serves as acting Speaker by virtue of the continuity principle under sec. Spiegler , para. Prime Minister , para. The defect in this conduct primarily inheres in the fear that it frustrates the will of the electorate.
The essence of the democratic process is the possibility of translating the votes received by the members of the Knesset, as the elected representatives of the people, into political influence. In the present matter, the house factions, comprising 61 Members of Knesset, seek to exercise their political power in order to try to elect a permanent Speaker for the 23 rd Knesset , a role whose importance and centrality to the administration of the affairs of the Knesset requires no elaboration see sec.
Therefore, intervention in this effort of the majority of the Members of Knesset constitutes a form of harm to the decision of the electorate. In this regard, as the legal advisors of the Knesset and the Government noted, the passage of time after the date of the convening of the Knesset is of significance given the timetables for the establishing of a Government as set out in Basic Law: The Government. The Knesset is the sovereign.
Prime Minister , para. But that absolutely does not mean that it can, thereby, take steps that would constitute a substantive erosion of the independence of the Knesset. Such a political consideration has no place in the margin of discretion granted to him on the question of whether or not to include motions for the agenda of the Knesset plenum, and all the more so when the matter is the election of the Speaker himself. The fact that we are currently in a governmental transition period in which a Government that enjoys the confidence of the Knesset has not yet been formed, also reinforces this conclusion.
It may be presumed that the Members of Knesset who seek to place the matter of the election of a permanent Speaker before the plenum are aware of the significance and implications of taking this step. Nevertheless, they ask, and ask again to bring the matter before the plenum. The refusal to place the election of a permanent Speaker on the agenda of the Knesset plenum leads to the result that the members of the Knesset are prevented from exercising their discretion on this matter, without regard for the results of the vote.
Speaker of the Knesset , para. The Knesset Legal Advisor noted that, in practice, most Knessets elected a Speaker on the day that the Knesset convened para. In this regard, it would not be superfluous to point out that one of the rationales grounding the bill for amending Basic Law: The Knesset, which applied the continuity rule to the Speaker, was that the permanent Speaker was customarily elected in close proximity to the convening of the new Knesset, and generally at the first plenary session.
At present, the possibility of the realization of that fear is unclear. In any case, it may be presumed that whoever may be elected to serve as the permanent Speaker of the Knesset will carry out his office in a stately manner, in accordance with the law, custom and procedures established by the Knesset.
That will also be the case even if the members of the party he represented will sit in the opposition. That is how Respondent 1 acted over the years, and that, in general, is how his predecessors acted in the past. Indeed, it was not without reason that Basic Law: The President of the State establishes that if the position of President of the State is vacated, and as long as a new President has not assumed office, the Speaker of the Knesset shall serve as acting President of the State sec.
The Speaker responded this evening that he is of the opinion that the intervention of this Court in the discretion of the Speaker of the Knesset to set the agenda of the plenum and bring the matter of his election to a vote is a precedent-setting intervention in the political agenda and in his discretion that is improper at this time. It clearly harms the status of the Knesset as an independent branch of government and the process of governmental transition, and this all the more so as the days pass since the swearing in of the 23 rd Knesset.
Therefore, in these circumstances, there is no recourse but to conclude that we are concerned with one of those exceptional cases in which the intervention of this Court is required in order to prevent harm to our parliamentary system of government. I would therefore recommend to my colleagues that we issue an order absolute instructing the Speaker of the Knesset to convene the Knesset plenum as soon as possible for the purpose of electing a permanent Speaker for the 23 rd Knesset, and no later than Wednesday, March 23, The timeframe is short, and I will, therefore, only add a few words on the issue before us, which will, no doubt, give academic scholars a broad basis for discussion.
Truth be told, we are treading constitutional paths that our feet, and those of our predecessors, have not yet trodden since the establishment of the State to the present day. Knesset . The above was stated in regard to the 21 st Knesset, for which elections were held on April 9, A year has passed at a stroke and seems but a few days, and we now stand at the outset the 23 rd Knesset. In the year that passed, we witnessed two other rounds of elections, but the political instability remains as it was, and has even increased.
The various rifts in society have broadened, and the legal and constitutional fog has thickened. And if that were not enough, we are in the midst of the rising storm of the coronavirus, whose consequences are still too early to foresee. We say this as a reminder that in difficult times we must attend to the rims and spokes of the carriage so they not fall apart.
Particularly in this sensitive, difficult period, we must not undermine the very existence of the system, nor deviate from the written and customary rules of the game. Israel is a parliamentary democracy that employs a proportional, national system of elections that leads to a multi-party system. The parliamentary activity is primarily regulated by the Knesset Rules of Procedure. Knesset , The strength and overarching status of sec.
The drafter of the Rules of Procedure allowed for postponing the election of the Speaker to this late date, but certainly did not intend to frustrate the election of the Speaker earlier than that date,. However, majority rule is not omnipotent. In the area of legislation, majority rule is subject to limitations deriving from the need to preserve the fundamental rights of people and citizens. In parliamentary activity, majority rule cannot trample the rights of the parliamentary minority see, in detail, Yigal Marzel, The Constitutional Status of the Parliamentary Opposition, 38 Mishpatim Hebrew.
In various legal fields, the legislature protects the majority against tyranny of the minority see, e. The present petitions entangle this Court in a situation that was not previously imagined. Speaker of the Knesset , My colleague the President quoted the Speaker in his own words, in para.
Sometimes, political coalition considerations in the election, appointment or removal of some Member of Knesset or another are legitimate, internal parliamentary considerations in which this Court will not intervene the Movement for Fairness case, para.
That is not so in regard to the political consideration that moved the Speaker in this case — which is contingent upon the hope for the establishment of a unity Government. This consideration is not relevant and speaking for myself, I had difficulty understanding the causal connection between the election of a Speaker and frustrating the possibility of establishing a unity Government.
The Government is one thing, and the Knesset is another. One touches upon the other, but they remain separate branches. We shall return to fundamental principles — the Government draws its vitality from the Knesset, and not the reverse. But we have already learned that between certain and perhaps, certain is preferred. Speaker of the Knesset , I am not of that opinion.
The present decision is of an entirely different type. From here on, the Knesset institutions will act according to their wisdom, in accordance with the rules established in the normative fabric mentioned above Basic Law: The Knesset, The Knesset Law, and the Knesset Rules of Procedure.
A majority of the Members of Knesset request that the Knesset be convened to elect a Speaker. Section 2 b of the Knesset Rules of Procedure establishes the latest date for the election of a Speaker — no later than the day on which the Knesset convenes for the purpose of establishing the Government. Is the Speaker of the Knesset permitted to exercise his authority to set the agenda of the of the Knesset, by virtue of sec.
These are the questions presented for our decision. I concur in the detailed opinion of my colleague President E. Hayut and her conclusions. The criterion for judicial review of decisions of the Speaker of the Knesset are well known. This authority to arrange is not authority to ignore a request by a majority of the Members of Knesset to carry out a statutory procedure required by a Basic Law due to a conceptual or political view held by the acting Speaker.
In a situation in which a majority of Knesset Members request to hold an election for the office of Speaker in the framework of sec. This all the more so in circumstances of an acting Speaker who holds office by virtue of a continuity provision and who was also not elected by the 22 nd Knesset. The authority entrusted to the acting Speaker does not permit him to refrain from placing the matter of the election on the Knesset agenda, and the manner of exercising it in the said circumstances inflicts real harm to the fabric of democratic life by not permitting the majority of Knesset Members to carry out a procedure anchored in Basic Law: The Knesset, and that is required by the election of a new Knesset.
In my opinion, as well, the intensity of this harm grounds a cause for an order absolute, as recommended by my colleague the President. Nevertheless, I would like to add a few comments, inasmuch as the petitions before us raise important, unique issues that have not been addressed previously in Israeli constitutional law. I will, therefore, focus, with the necessary brevity, upon the relevant principles of constitutional law and in comparative law, and by reference to a prior case that has implications for the matter before us.
This is not the place for a survey of all of the functions of the Knesset and its powers, but it can be said, in general, that three primary roles were reserved to the Knesset:. In such a case, the Knesset, which under sec. Therefore, the question before us is whether the acting Speaker, who holds his office only by virtue of the continuity principle under sec.
The Speaker is of the opinion that the matter falls within the scope of his discretion to set the agenda for Knesset sessions, and he is allowed to refuse such requests of him by virtue of sec. In this regard, he argues, as a reason for the delay, that the need to form a unity government might be harmed, in his view, if a Speaker were elected now.
It would seem to me that the attempt to frustrate the will of the majority of Knesset Members to bring about the election of the Speaker immediately does not meet the legal tests. This is correct in principle, as explained by my colleague the President in her opinion, and my other colleagues, and is particularly correct at present, when the Knesset is required to act energetically in its legislative and oversight roles, and the Speaker is the one who must navigate its activity.
It also violates the tradition of a proper transfer of governance, when necessary. A comparative law examination also leads to this result, as I will immediately address. He therefore turned to the Queen who holds the authority to order such a suspension , and she agreed, on the basis of the representations of the Prime Minister. Various opponents of that suspension, among them Members of Parliament, filed petitions against the suspension to the Supreme Court of the United Kingdom.
An expanded bench of the Supreme Court held, per President Lady Hale and Deputy President Lord Reed, that there was no authority to prorogue Parliament beyond the recess periods, which do not halt all Parliamentary business see: R. Advocate General for Scotland  hereinafter: R. Prime Minister. This affair is similar to our own although not identical, inasmuch an Arrangements Committee was appointed, and other temporary committees are meant to be established , and the reasons given there are appropriate here, as well.
In the United States, impeachment proceedings are held before the Senate, and by virtue of the American Constitution, the Chief Justice presides, rather than the Vice President who usually presides over the Senate. Prime Minister . Past experience would seem to demonstrate otherwise, and the example that will be presented below actually encourages the independence of the Knesset and the required checks and balances. Once upon a time and as we know, in constitutional law, past events — even if they were not presented for a decision by the Court—constitute persuasive precedents :.
After the death of Speaker of the Knesset Yosef Sprinzak, in January who served as Speaker since the establishment of the Knesset , the then ruling party Mapai sought to elect a member of that faction, Knesset Member Beryl Locker, to replace him. The leader of the opposition at the time, Member of Knesset Menachem Begin, together with his colleague Dr. Yohanan Bader, recommended that Member of Knesset Dr. Moreover, on a different note, the reason expressed by the Speaker to justify his position is given if at all to the person assigned to form the Government whose faction is among the Petitioners , and not to the Speaker in his role as Speaker.
In view of all the above, intervention is required here, as it was in Great Britain in R. Speaker . I can but conclude with the hope that the lessons will be learned, and that we will not have to address petitions of this sort in the future. It is therefore decided as stated in the opinion of the President to make an order absolute instructing that the Speaker of the Knesset must convene the Knesset plenum as soon as possible, for the purpose of electing a permanent Speaker of the 23 rd Knesset, and no later than Wednesday, March 25, Pursuant to our decision of March 22, , we were today presented with an updated notice by Respondents As explained there, on March 23, , the Knesset plenum decided upon the establishment of an Arrangements Committee.
That committee convened and decided upon the establishment of a temporary Foreign Relations and Security Committee, as well as the establishment of a temporary Finance Committee, and a recommendation for establishing four additional, special committees was put before the Knesset plenum. It was further explained that the Arrangements Committee held its first full session, using a communications and television system, and maintaining appropriate seating distance, and an opinion by the Knesset Legal Advisor on the subject of conducting debates and voting in the Knesset committees and the Knesset plenum during the period when the coronavirus restrictions are in place was appended.
In view of the details in the updated notice, the hearing on the said subjects is no longer required, and the petitions in that regard are dismissed without an order for costs. Pursuant to that move, the Knesset Legal Advisor notified us that he had informed Respondent 1 that under sec.
By this conduct, the Speaker of the Knesset violated the order absolute as stated in the judgment. The Court was further asked to declare that the veteran Member of Knesset be appointed as Speaker of the Knesset until the election of a permanent Speaker, and that the Knesset plenum convene today for the purpose of deliberating the election of a permanent Speaker. All the Respondents presented themselves, with the exception of Respondent 1, who informed the Court by means of the Knesset Legal Advisor that he wishes to suffice with the written response he submitted, and with the exception of the Likud faction, whose attorney, Advocate Halevy, informed the Court that he received notice of the hearing in a telephone call at about , and in view of the timetable set, and in view of his location when he received the notice, he would be unable to attend the hearing.
The Respondents in the new petition agreed to conduct the hearing as if an order nisi had been granted. Respect for the rule of law is the cornerstone of every democratic regime, and it is proven, inter alia, by obeying judicial decisions and orders. This duty to comply is imposed upon the entire population, and the organs of government are not exempt.
On the contrary, those authorities have a far greater duty to obey judicial decisions and orders, and Israeli law, in the entirety or its arrangements in this regard, adopted the accepted approach of the Common Law that grants a presumption of regularity to the organs of government. This Court addressed the dangers inherent to the non-compliance of governmental agencies with judicial orders, stating:. A state in which the state authority takes the law into its own hands — complying with a judicial order against it if it wishes to, and ignoring it if it does not — is one in which the seeds of anarchy and mayhem are being sown, and which is developing a dangerous culture of the rule of force and arbitrariness.
Bar Association District Committee , at p. As such, it should serve as a beacon for respect of the law and the rule of law. The eyes of the public are raised to the state authorities and public office holders.
Respect for the values of law, and development of a tradition of protection of the value of the rule of law are influenced by their conduct. Ministry of Education , [para. But until today, never in the history of the State has any governmental office openly and defiantly refused to carry out a judicial order while declaring that his conscience does not allow him to comply with the judgment. That is what Respondent 1, who is one of the symbols of government even though he currently holds his office by virtue of the continuity rule, without being elected chose to do, and the harm of his conduct to the public interest in preserving the rule of law and compliance with judgments and judicial orders is immeasurably severe.
If that is how a person of authority behaves, why should a common citizen act differently? Minister of Religious Affairs , para. This question resounds in its fullest force particularly in these difficult times in which we are contending with the coronavirus outbreak, when citizens are required to comply with the unprecedented orders and restrictions imposed upon them, inter alia, by virtue of emergency regulations.
We cannot be reconciled to such a situation, and an unprecedented violation of the rule of law requires unprecedented remedies. He presented a possible path according to which the lacuna in this regard in sec. Therefore, we hereby grant an order as stated in para.
To avoid any doubt, we would emphasize that this order shall remain in force even if Respondent 1 decides to withdraw his resignation. Given this day, 29 Adar March 25, The appellant claimed an order in the District Court against the respondents, who were husband and wife, declaring that he was the natural father of a child born to the wife and registered as that of the respondents. The claim was struck out in limine and the appellant appealed. Per Olshan P. The granting of a declaratory order is in the discretion of the court, and having regard to the nature of the claim, public interest and morality, the prejudice to the status and interests of the child who was not even a party to the proceedings, and the fact that the appellant had not even told the court for what reason the order was required, the claim was rightly struck out.
Per Landau J. An action such as this, in which the court is asked to approve an act which offends against public morality with all the harm which it involves for the welfare of the child and for the adults concerned, and without it being shown that a proper purpose is being served, is a gross abuse of the process of the court and will not be heard. Per Witkon J. An action for a declaratory judgment which does not serve a practical purpose involves a misuse of judicial authority which should not be entertained, and as the appellant had not disclosed any legitimate interest worthy of judicial protection that alone was sufficient to deny him access to the courts.
Per Berinson J. Sussman J. Wife B. By virtue of secs. In terms of this judgment a claim filed by the appellant against the respondents for an order declaring that he, is the natural father of a child registered as that of respondents, was struck out. It is not in dispute between the parties that the respondents, husband and wife, have been lawfully married for more than ten years and that the child in question was born in December The appellant, in his action, bases his claim on the allegation that he maintained sexual relations with the second respondent during the above-mentioned period, and also did so nine months before the bi th of the child.
The earlier action was dismissed by a decision of the Registrar on Trichter counsel for the appellant that an action should not be struck out when there are prospects that the court will decide in favour of the plaintiff. But this is not so in the present case. I do not think that the courts of this country are entitled to grant relief to a person so as to injure the rights of a child, even if! I find, therefore, that the claim is misguided and I strike it out as not disclosing a cause of action.
Counsel for the appellant submits that the learned judge was not entitled to strike out the claim without affording the court an opportunity of considering the evidence which the plaintiff could adduce in order to obtain the declaration which he sought. This would appear, at first sight, to be an argument of substance and as a rule the courts are not anxious to exercise the power given to them by Rule 21 of the Civil Procedure Rules. In the result, however, I have reached the conclusion that the decision of the learned judge should not be disturbed.
As he correctly states in his judgment, it is inconceivable that a court considering a claim such as this will exercise its discretion in favour of the plaintiff and agree to grant a declaratory judgment as sought, for the court must apply the utmost care when a minor is likely to be adversely affected. But it is not this opinion which was expressed by the learned judge that served as the ground for his striking out the claim.
From the context it is clear that the decisive reason for his ruling was that which appears in his concluding statement:. Counsel for the appellant criticizes this conclusion ai:d it would appear, at first glance, that there is substance in this criticism. The criterion for striking out a claim pursuant to Rule 21 is that the judge who is asked to strike out a claim under this Rule must assume that the plaintiff will succeed in proving at the trial all the facts alleged in his statement of claim.
Upon this assumption, the judge is to ask himself the question whether, in law, the facts thus proved constitute a basis for the right asserted in the statement of claim. It is only in a case where the judge may properly say that, though the alleged facts are established by the evidence, the right asserted is not legally recognised, that he may exercise the power given him by Rule 21 and strike out the claim.
If we are to apply the above criterion in the present case, the strictures of appellant's counsel would appear to be sound. If it be assumed that the plaintiff will prove all these facts, he will thereby establish that he is the child's natural father. Accordingly appellant's counsel questions the ,action of the learned trial judge in striking out the claim upon the ground that it does not disclose a cause of action.
Had this not been an action for a declaratory judgment-i. If there is only a scintilla of truth in the respondents' denials, the filing of the claim is singularly scandalous. One appreciates the concern of the respondents about the unsavoury details which the appellant was ready to put to the court together with all the "evidence" and "examinations" and the pernicious effect this will have upon the child.
But in the light of the criterion for applying of Rule 21 we have to deal with the appeal without regard to the denials of the respondents. I have not found in English or American law a single aase like the one before us, of a person who purports to be the father of a child by alleging illicit sexual relations with a married woman and seeks a declaratory judgment which necessarily involves proclaiming that the child is illegitimate.
In as far as granting a declaratory judgment is discretionary, the court may consider the plaintiff's conduct even from a moral viewpoint and pose the question whether in equity the plaintiff deserves the relief which the judge is by law competent, but not under a duty, to grant.
It is not to be overlooked that in declining to grant a declaratory judgment at the outset of the trial, the court does not decide the merits of the dispute between the parties. The discretionary nature of the relief in granting a declaratory judgment as explained above is to be gathered from the many precedents cited by the Deputy President Cheshin J. Attorney-General 1. Silberg J. The two last-named justices only disagreed with the judgment of the Deputy President on the question whether from the point of view of the public interest the relief sought should be granted.
Does the plaintiff come to court with clean hands in the present case-as reflected in the statement of claim itself? He says: "I maintained sexual relations with a married woman. The child born five years ago and registered as the lawful child of the defendants is illegitimate. He is my son.
Please make a declaratory judgment confirming my allegations and proclaim me as the child's father. The question of the appellant's conduct arises not just with regard to the female defendant but vis-a-vis the child who was not made a party to the proceedings at all, and particularly with regard to public morality.
To my mind there is no shadow of a doubt as to the reaction. In Szczupak v. Rapaport 2 , also a case of a declaratory judgment, no problem involving public morality arose. Nevertheless, the Coqrt of Appeal declined to deal with the lower court's conclusion regarding the very ght which the appellant had claimed and stated at p. When a plaintiff makes such a claim, the burden is upon him not merely to prove his right but also tQ convince the court that the circumstances demand this right to be determined by means of a declaratory judgment alone.
The appellant here as well as in the District Court did not deny that it is possible for him to connect with the municipal sewage system without any difficulty and that the first, second and third respondents have agreed that it be done at their expense. Since on the one hand the appellant has not succeeded in convincing the court of the necessity for the relief sought, and since on the other hand his attitude tends to create the impression aforesaid, it follows that he has not discharged his duty of convincing us that he should be granted a declaratory judgment.
We have therefore decided to dismiss the appeal accordingly. A fortiori when the petitioner comes with unclean hands, as above explained. Pomeroy in Equity Jurisprudence 5th ed. II, p. This is very close to the case before us, for there is no doubt that the purported marriage is invalid, although the court will decline to assist him by granting relief which lies in its discretion.
Misconduct which will bar relief in a court of equity need not necessarily be of such nature as to be punishable as a crime or to constitute the basis of legal action. Under this maxim, any willful act in regard to the matter in litigation, which would be condemened and pronounced wrongful by honest and fairminded men, will be sufficient to make the hands of the applicant unclean. Courts are particularly circumspect and exercise abundant caution when the relief claimed is likely to affect the status of a child, such as to att h to him the status of an illegitimate person.
In most instances, this problem arises when a man reputed to be the father or to whom paternity is attributed, endeavours to obtain a declaration that he is not the father. Ewing 5. There, the plaintiff filed a claim against one defendant who had formerly been his wife and from whom he was divorced and against a second defendant who was the young female child of his former wife.
In this action he asked for a judgment declaring that the child was not his daughter and also as against the first defendant an order prohibiting her from representing the child as his daughter. They had been married in and following the marriage a son was born. The parties separated in March and thereafter no longer cohabited as husband and wife. The wife and the son lived in a town near which the plaintiff lived.
In April the plaintiff sailed for India and returned in the year The female infant was born in December and the mother registered her as the daughter of the plaintiff. She did not inform the plaintiff of his birth at all. In a divorce decree was granted on grounds of her adultery and custody of the infant son was given to the mother pursuant to an agreement between them, which recited that the son was the only child of their marriage.
When the action was begun, the mother was married to the man with whom she had committed adultery. Now the presumption oflegitimacy in the case of a child born during wedlock is not one juris et de jure In such a case the law on the clearest grounds of public policy and decency will not allow an enquiry as to who is the father. Notwithstanding the admissions of the defendant which were proved, the action was dismissed and at page it was said, following a suggestion that the result might have been different, had this been a suit for divorce:.
Ewing but against the other defendant, the infant. The decree sought for against her is a decree in rem; that is a decree that would be final, and binding and conclusive. The judgment later explains that despite the rule similar to our rule concerning the power to make declaratory judgments, even without additional relief, a court will not render such judgments if they are not required in connection with positive rights at the time of the action.
And no declaratory judgment will be given if it is only required by the plaintiff in connection with what appears to him as future or possible future rights. If an action were brought against the plaintiff here for the maintenance of the defendant Dorothy, it would be open to him to contest it on this ground that though born during wedlock, the defendant was not in fact his child" at p.
From the foregoing I have no doubt that had the appellant's action come to Lamm J. The only question then that arises in the appeal before us is merely a procedural question, namely, was the learned judge permitted to adopt this attitude within the framework of Rule 21, upon the ground that no cause of action was disclosed. In other words, does the fact or circumstance showing that a plaintiff is, or is not, deserving of relief which lies within the discretion of the court constitute an element of the cause of action.
In an action of the kind now before us, this fact may form an element in the cause of action in a negative sense. Let me explain. In an ordinary action for a declaratory judgment the burden is upon the plaintiff, as stated in Szczupak v. Rapaport 2 , "to convince the court that the circumstances demand this right to be determined by means of a declaratory judgment alone.
If the statement of claim is silent in the matter, the court will say that since prima facie there is nothing withi'. Just as in the normaf situation the reason for striking out the claim is that no purpose will be served by continuing with the proceedings, because even if the plaintiff proves the facts 'the right claimed will not thereby be proved, so here the reason is that there is no purpose in dealing with the action on its merits because even if the plaintiff proves the facts, his right to obtain a declaratory judgment will not thereby be established.
In ah action for sp. The court will then say that since there is nothing in the statement of claim to indicate the absence of "clean hands," but only the defence. But if the statement of claim itself discloses facts which point to the plaintiff's "unclean hands," the defendant can, in my opinion, move to strike out the action. The fact that here the "unclean hands" according to the terms of the claim arises with respect to public morality and not merely to the defendant does not alter the situation.
If the claim is not struck out, the plaintiff can deliver interrogatories and compel the defendants to answer the questions in accordance with the provisions of the Civil Procedure Rules and this very thing will defeat the reason for which the court will refuse to use its discretion in favour of the plaintiff.
Is it true that various persons have informed you that your wife was having sexual relations with the plaintiff? Is it true that the plaintiff is the natural father of the chila with whom you were pregnant in ? Is it true that the plaintiff is the natural father of the child to whom you gave birth in December ?
Is it true that since July , and up to the time that the child was born, you had no sexual relations with anyone except the plaintiff? Have you had sexual relations from July to with any person or persons other than the plaintiff and, if so, please state their names and addresses? I am of the opinion that the appeal should be dismissed, and that the appellant should be ordered to pay the respondents the costs of the appeal includi g counsel's fees in the aggregate sum of IL I agree that the appeal should be dismissed.
For myself, I see no need to rest the decision in this matter on the discretionary nature of the claim for a declaration in accordance with the rules of equity. This is an abuse of the process of the court which can hardly be exceeded, because "no court will lend its aid to a person who bases his cause of action upon an immoral or illegal act", in the words of Lord Mansfield in Holman v. Johnson 6 , which I cited in Marasha Ltd. Massri 3. It sometimes happens that in a civil action the court undertakes an examination of matters which are contrary to law or morals, when required to decide an action brought for a proper purpose.
But this appellant has not shown in his statement of claim that he has any legitimate interest in washing his dirty linen before the court. I am therefore of the opinion that this action was justly struck out and my reason is that it is vexatious within the meaning of Rule 21 d , and therefore not proper to be dealt with by the court.
I am also of the opinion that there was justification for dismissing thw action in limine, and that because, in my view, an action for a declaratory judgment which does not serve a practical purpose involves a misuse of judicial authority which should not be entertained. The appellant has not disclosed any legitimate interest worthy of judicial protection, and this alone is sufficient to deny him access to the courts.
The fact that we are here dealing with a "delicate" subject, and th t the appellant is not morally blameless tends to add weight to the above reason even though by itself it is not, in my opinion, conclusive. Had the appellant sought to prove his paternity of the minor for a legitimate purpose-e.
But this is not the case in the present instance, and accordingly the learned judge was right in dismissing the action in limine. The plaintiff asks the court to declare that he is the father of the child to whom the female defendant gave birth at a time when she was the wife of another man.
The plaintiff does not say why he requires this declaration. By "third parties" I do not include the female defendant who, according to the allegation of the plaintiff, maintained sexual relations with him whilst married to another. So far as she is concerned, there is nothing to prevent-either from a moral or any other viewpoint-the disclosure of the truth in court even if the truth is harmful and prejudices her and her married life.
If indeed the allegation of the plaintiff is true, and at this stage we may not say that it is not true, the female defendant is not entitled to any special consideration by the court. Compared to her he is not affected with any more immorality or "unclean hands" than she is. But the matter does not only concern the woman but also and principally the child.
What has this child been guilty of that his legal and social status should be allowed to be put into doubt without any real need therefore? Is it conceivable that any court will decide to grant the plaintiff's request which endangers the status and future of a minor who is no party to the actio-n and cannot defend himself, when the plaintiff has not shown in his claim what benefit he will derive therefrom? But the plaintiff did not do this.
He has not disclosed his motives and reasons, and the claim in itself is defective. It is like y to inflict grievous harm upon the child without our knowing that a comparable advantage will accrue to the plaintiff. Not everyone who wishes may come to court and obtain a declaratory judgment.
I therefore agree that the appeal must be dismissed. I concur in the judgment of Berinson J. The district of Nahlath Yitzhak consisting of families had for very many years been part of Tel Aviv Municipality. Since a movement to sever this connection had gathered strength and in a petition to this end, signed by residents, had been delivered to the Ministry of the Interior.
Tel Aviv had claimed that the petitioners were not authorized to speak for all the residents and the matter was left in abeyance until , when it once more became active on the delivery of a similar petition signed by persons. The Minister then appointed a commission to inquire into the question, in accordance with sec. The commission was composed of seven individuals, including a representative of the Histadrut and the General Zionists respectively. It held five meetings at which the various interests were heard but not those residents in favour of retaining the connection with Tel Aviv.
Between the last two meetings, the General Zionist member had died but the Minister did not appoint a substitute and directed the remaining members to complete the inquiry, which they did in July , recommending by a majority of four in favour of the separation.
In October the Minister publicly announced his decision to detach the district from Tel Aviv and attach it to Givatayim. Thereupon the opponents of the separation drew up and delivered a petition signed by persons and sought an interview with the Minister. The latter refused abruptly to change his decision, observing that he had reached it after careful examination of all the data, that the petition contained names which had appeared on the earlier petitions and that the number that had signed these showed a overwhelming majority in favour.
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We found that a simple and well-defined target may work better than an overwhelming flood of topics and data. How can we lead when we are not in charge? Kearns and Gardiner, To most of us, there comes a point in our graduate studies when we realize that the responsibility for our research, lies mostly on our shoulders, along with the enjoyment of practicing it. Our supervisors possess a range of good and poor qualities.
We have to benefit from what they have to offer; and when we are not content, learn how to guide them to better fit our needs, or find alternatives elsewhere such as consulting mentors that are not our PIs. The qualifications and traits that will help us become world leaders in cancer research are not necessarily those that will make us good mentors.
However, exercising these often-neglected aspects during graduate school, for instance by guiding other research students, may provide an early start for acquiring and improving mentoring skills. As graduate students, we have spent the last several years gaining expertise in our field. We know by now what the leading labs and central paradigms are; no doubt, valuable knowledge. But what if we change direction? There are so many questions to answer in a very short time. Which topic should I choose, and how do I do it when there are so many I hardly know anything about?
How do I compose a list of potential labs and make my visits as effective as possible? Nevertheless, discussing this topic in our meetings has proved highly useful. First, realizing that we were not alone and that it was just as hard for everybody else was comforting. Furthermore, it has enabled us to identify common ground rules that can help us all on this route. These helpful tips have been drawn from the personal experience of members that were searching for a postdoc position at that time, as well as from the experience of visiting young PIs.
In the following section, we will share some of our collective dilemmas and the insights we have gained by discussing this complicated decision. Choosing the topic for a postdoc is a rare opportunity for scientists to completely change their field of research. We found that toward the end of our graduate studies, it was useful to step out of our niches and to expose ourselves to a wide range of topics unrelated to our research.
For instance, although most of us have by then accumulated the required credit points, taking some courses even as a free auditor was a great way to start. Reading articles and going to lectures and meetings outside our field is also recommended. Once we had several directions in mind, we consulted with researches in relevant fields in our university or in neighboring ones regarding potential postdoc labs.
We prepared our own list of candidate labs, as well as asked for advice and recommendations regarding others we might have missed. There are many other personal aspects to consider besides the research topic. For instance, whereas some of us preferred a big and established lab, others looked for a smaller lab likely run by a younger PI both options have great advantages. Other considerations, such as where you or your spouse would want to live, and even seemingly trivial factors such as the climate, may be taken into account.
We tried to inquire as much as possible about the labs before we applied; former or current postdocs from the lab or the department may provide valuable information. When we wrote our letters of application, we made sure they reflected the fact that we had carefully studied the lab. From our experience, visiting more than four or five labs in a single trip might be a bit overwhelming; if possible, it is better to make two trips instead. Keeping that in mind, in order to facilitate this costly endeavor, try to look for funding sources, such as traveling grants, and ask for assistance from the labs you are visiting.
Therefore, try to present your work as a story that would be interesting and accessible to a broad audience and try to rehearse your talk in front of a mixed crowd as well. This was emphasized repeatedly by postdocs and young PIs that were guest speakers in our group. Furthermore, there are important practical matters that you should discuss with your future mentor, such as financial support, grants, your family etc.
Make sure to ask the lab-members questions about issues that are important to you, preferably outside the lab or over lunch. Are there collaborations among the group members? What are the expected working hours? As long as you ask politely, it is completely OK. Looking for a postdoc position is hard, and doing it alone and without guidance is even harder.
It is essential to keep in mind that the postdoc period is a great opportunity to grow, scientifically as well as personally. Conclusion and next steps. Graduate school is a wonderful period, during which we ask questions and obtain the tools needed to reveal the secrets of nature.
This period is also well known for its diverse range of challenges, stresses and frustrations. It was fascinating to realize how common these are among our colleagues. As scientists, studying the literature or discussing our results with our peers seems practical and almost obvious.
Along the same line, this concept may very well be relevant for earlier academic stages, each with its own characteristics. The described set-up was previously shown to be successful for young PIs. With the proposed modifications, we show its great potential for graduate students. We hope our experience will serve as an example, demonstrating the central role a peer group can play during graduate school and assist in initiating it. Excitingly, by word of mouth, the Graduate Peer-Group idea has spread.
Currently, similar groups are being established in several places, including the Sheba medical center and the Tel-Aviv University. We believe that such programs should be encouraged and supported, possibly as an integral part of the syllabus. In case of high demand, multiple peer groups can operate in parallel at the same institution, ideally with formal assistance, such as management courses for the coordinators.
Initiating such programs will provide a source of knowledge and support, and prepare us for a future independent career, when we will guide our own students. Our experience in the peer group also demonstrated the importance of soft skills. We think that developing soft skills through educational and professional enrichment activities, such as the peer-group also puts us responsible for confronting our current challenges as graduate students, as well as to our own career development.
B o x B — The imposter syndrome:. The impostor syndrome Clance and Imes, ; Felder, ; Laursen, is a psychological phenomenon in which people, despite their evident competence and recognition by their peers, are incapable of internalizing their own success and accomplishments.
This syndrome is not limited to scientists or the scientific community, and those with it feel as frauds which do not deserve the success they have achieved. Interestingly, any proof of success is regarded as sheer luck, timing, or as a result of misleading others into thinking they are more intelligent and competent than they believe themselves to be.
The term was coined by clinical psychologists Pauline Clance and Suzanne Imes in , and although not an official psychological disorder, it has been discussed in of many books and articles by psychologists and educators. Alon, U. How to choose a good scientific problem.
Molecular cell 35, Clance, P. The imposter phenomenon in high achieving women: Dynamics and therapeutic intervention. Felder, R. Impostors everywhere. Chemical Engineering Education 22, Heckman, J. Hard evidence on soft skills.
Labour Economics. Kearns, H. The care and maintenance of your adviser. Nature , Keller, E. Reflections on gender and science Yale Univ Pr. Klein, A. Molecular cell 44, Laursen, L. This implies that the optimization of the scaling process involves an accurate and dynamic balance between proximal and distal growth rates, which requires tight regulation of the activity of each growth plate throughout the elongation process.
Generic mechanisms that regulate growth plate activity by synchronizing chondrocyte proliferation and differentiation, such as the PTHrP—IHH Gene ID: , , respectively feedback loop, have been extensively studied [ 1 , 2 , 48 — 52 ]. However, our analysis demonstrates that each growth plate exhibits a distinctive activity pattern, resulting in a unique ratio between elongation rates at the two ends of each bone. Along the same line, previous reports have shown differential growth plate activity, which leads to asymmetric longitudinal growth [ 8 , 13 , 53 ].
Typically, forelimb bones tend to grow away from the elbow joint, whereas bones in hind limbs tend to grow toward the knee joint. These findings and ours clearly imply the existence of additional mechanisms that control the specific activity of each growth plate.
Interestingly, some of these works were performed on other model animals such as rat [ 54 ], pig [ 11 ], rabbit [ 55 — 60 ], chick [ 61 ], and humans [ 10 ], suggesting that asymmetric growth of long bones is evolutionarily conserved across species. To date, little is known about mechanisms underlying differential activity between individual growth plates [ 13 , 53 , 62 , 63 ]. Our results indicate that the balance between proximal and distal growth rates of each bone is constantly optimized to minimize bone modeling.
This suggests the existence of a feedback mechanism that incorporates data relating to the relative positions of superstructures into the molecular and cellular mechanisms that control growth plate activity. Damage to the integrity of the periosteum, as a result of bone fracture [ 64 ] or circumferential division with or without stripping of the periosteum [ 65 — 67 , 74 ], was shown to lead to temporal acceleration of bone growth. This acceleration is typically accompanied by alteration in the balance between proximal and distal growth rates.
Because the periosteal sheath is stretched over the entire external surface of the bone, including both the superstructures and the growth plates, it can pass to the growth plates signals concerning the relative position of superstructures. Interestingly, Crilly [ 64 ] previously hypothesized that periosteal tension down-regulates growth plate activity, as the higher the tension level, the more inhibited growth plate activity is. Moreover, he postulated that the damaged periosteum forms a scar tissue at the site of destruction.
This scar tissue, which anchors the periosteum into the bone, creates an independent tension level near each growth plate. As a result, a new growth balance is formed, which equals the ratio between the distances from the site of the scar to the two ends of the bone, therefore maintaining the relative position of the scar site. This hypothesis can be generalized to account for normal growth conditions as well.
Superstructures can be considered as natural anchoring points for the periosteum into the ossified bone, either due to the insertion of tendons through them into the bone cortex, or by means of steric interference, such as in the tibiofibular junction. This results in a regulatory loop whereby the superstructures determine the tension levels of the two periosteal segments, which control the ratio of growth rates by inhibiting growth plate activity, which in turn maintains the relative position of the superstructure.
For instance, mice homozygous for a targeted disruption of fibroblast growth factor 18 FGF18; Gene ID: , synthesized by perichondrial cells, exhibit increased chondrocyte proliferation, differentiation to hypertrophic chondrocytes and IHH signaling [ 76 ].
In this work, we uncover the isometric nature of longitudinal scaling of long bones during growth. Using a newly developed algorithm, we recover for the first time, to our knowledge, the morphogenetic sequence of developing long bones from early embryonic stages to maturity.
These data enabled us to provide accurate assessments of both the specific activity of the different growth plates and the drifting patterns of symmetry-breaking elements along the bone shaft. Based on these analyses, we conclude that longitudinal growth patterns in each bone are adjusted to preserve isometry. The constant tendency of the growth balance to protect element positions strongly suggest that symmetry-breaking elements are involved in the mechanism that regulates the differential activity of growth plates.
For harvesting of embryos, timed-pregnant females were sacrificed by CO2 intoxication or cervical dislocation. Embryos and postnatal mice were sacrificed by decapitation with surgical scissors. For in vivo micro-CT imaging, mice were anesthetized with isoflurane 2-chloro[difluoromethoxy]-1,1,1-trifluoro-ethane. For the generation of statistical maps and for validation of the automated registration algorithm only males were analyzed.
Sex was determined in utero by PCR [ 78 ] and by external examination postnatally. At every developmental stage until P4, six to eight mice from at least three different litters were evaluated. At P6, two to four mice from two different litters were examined. Plug date was defined as E0. The gravid uterus was dissected out and suspended in a bath of cold phosphate-buffered saline PBS , and the embryos were harvested after amnionectomy and removal of the placenta.
For assessment of the distribution of symmetry-breaking elements along the shaft, bones at stages between E The rest of the images were obtained by sequential in vivo scans of four mice. The tibia and fibula were measured separately although they fuse early during development because their growth plates remain separated.
For all scans, projections over degrees, with 4 frames averaged for each projection at an exposure time of 2, ms per frame, resulted in an isotropic voxel size of 7. Voxel intensity was represented by data type int For measurements of relative and physical positions of element described in the following and of epiphyseal growth rates at E Optimal beam hardening was used in every reconstruction.
Voxel intensity was represented by data type uint8. Following reconstruction, voxel size of all images was standardized to 7. Calibration to HU was performed using a factory default module. To calculate element position relative to the bone ends, all bones were reoriented such that the longitudinal axis of the bone was parallel to the vertical axis z of the image grid. Then, the vertical coordinate of the documented element E z and of both the proximal P z and distal D z ends of the bone were measured in voxel units.
Finally, the relative position of the element E RelativePosition was calculated as:. Calculation of the physical position of elements was done after image registration and determination of the origin of the vertical axis O z.
The vertical coordinate of the documented element E z was measured in voxel units. Finally, the physical position of the element E PhysicalPosition ; in mm was calculated as: where dV z is the physical size mm of the voxel in the vertical dimension. Mineral deposition was evaluated by intraperitoneal injections of calcein Sigma C; 2.
Two mice were used for each injection regime. Fluorescence was visualized by confocal microscopy. Calcein fluorochrome was excited with a nm argon laser and alizarin with nm argon laser. Following imaging, all images of the same section were stitched using Microsoft Image Composite Editor version 1.
Threshold values, measured in milligrams hydroxyapatite per cubic centimeter, ranged between Then, to filter out background voxels that exceeded the threshold, all voxels that did not belong to the largest connected component i. Lastly, each image was manually inspected to assure the quality of the binarization. First, micro-CT bone images were manually registered by matching between the cortical cores. Then, each image was segmented and binarized as described above. To allow application of arithmetic operations between binarized images, the data type of all images was casted from Boolean to floating point.
To generate statistical maps of morphological preservation over all bones belonging to the same age group, all binarized images of the following age group were averaged: E To generate statistical maps of morphological preservation over all bones belonging to pairs e. Lastly, statistical maps were color-coded such that highly preserved regions are shown red and little preserved regions in blue. We start by addressing the particular case of pairwise image registration.
Although the remaining segments include cortical regions other than the core, this approximation provides registration results of comparable quality to those estimated using the cortical core alone. In order to estimate the spatial transformation that anatomically aligns the target and source images, we apply a volume based registration approach that utilizes normalized cross correlation NCC as a similarity measure and downhill descent as the optimization method [ 24 — 26 ].
Since the shape of both registered objects is cylinder-like, initiating the registration using an arbitrary transformation might result in local optima, such as matching the proximal end of one bone to the distal end of the other. Thus, in order to initiate the optimization in the vicinity of the global NCC optimum, we compute a coarse estimate of the registration using a cylindrical shape descriptor of the bone cortex.
The radii are measured from the geometric center of that section. We first apply principal component analysis PCA on the point cloud consisting of all nonzero voxels, to allow direct extraction of the descriptor from transverse slices. Thus, the longitudinal dimension of the bone PC1 is aligned with the x -axis, and all transverse slices are aligned with YZ planes.
In order to improve the localization of the vicinity of the global NCC optimum, we apply several volume-based registration steps, initialized at each identified point of local affinity optimum. The path resulting in the highest NCC score is further optimized by additional volume-based registration refinement steps, until convergence is reached. A pair of images that fails to achieve an NCC score of 0.
We compute the maximum spanning tree MST of the graph encoded by D with a preselected image serving as the root. To guarantee that the graph is connected for the extraction of the MST, we register all length-wise consecutive pairs of bones, regardless of their length differences. Last, we align all of the images to the root MST image, by aggregating the transformations along the path and connecting them over the MST graph.
This section was presumed to be the location of initial chondrocyte hypertrophy at the primary ossification center from which longitudinal growth progresses bidirectionally and, therefore, it provided a natural choice for the longitudinal origin of the bone.
Positive values represent elements located proximally to the origin, whereas negative values represent distal locations. Notably, although the existence of a longitudinal origin is necessary for all further calculations, its specific location along the axis does not influence any of the obtained results.
By definition, a stationary element is one for which the physical position remains constant over time. However, to account for random fluctuations and noise, we define the speed of drift of an element between time points t 0 and t 1 as the absolute change in physical position divided by the change in total bone length:. To this end, we relied on the identification of drifting elements reported in [ 20 ]. We then calculated the rate of drift of these elements and the rates of proximal and distal growth based on the data extracted from the image analyses Fig 5 and Fig 7.
This analysis showed that drifting speeds range between 0. These results suggests 0. According to our statistical regression analysis, during each time period in which a stationary element has been identified a linear line provided a good fit to the data points. Since growth is represented as a function of total bone length, the rate of elongation of the entire bone is constantly 1. We define a loss function that quantifies the sum of the rates of drift over all n elements, and we search for the relative position of the FP that minimizes the loss:.
According to the FP model: and therefore: , which is the sum of distances of all elements from the FP in terms of relative positions. It can be shown that for and for. That is to say, when there are an odd number of elements, the optimal relative position of the FP overlaps that of the middle element along the bone, whereas when the number of elements is even, any relative position between the two middle elements is optimal.
Based on this mathematical term, to calculate the optimal relative position of the FP through the development of each bone we first calculated the average relative position of each element. Then, for each value of total bone length was calculated, while considering only ossified elements. Statistical analysis was performed using the R language for statistical computing [ 81 ]. The statistical significance of the proximity between FPs and symmetry-breaking elements was determined by permutation analysis.
The null hypothesis was that the distribution of FP positions is not affected by the positions of elements and, therefore, the average distance of a FP from all elements would not have changed if it had been located on another bone. First, we measured for all FPs on all bones the distances to all elements, then calculated the average distance for each bone and, finally, the average distance for all bones. Then, the FPs and the elements of the bones were mixed and permutation distribution was calculated by a one- left- sided test.
The volume-based registration module for rigid image registration algorithm is from the freely available Image Registration Toolkit IRTK , used under license from Ixico Ltd [ 25 — 27 ]. Manual image registration for the assessment of preservation of mineralized structures and for spatial standardization of all in vivo images was performed using the free and open-source software package 3DSlicer v. Gray regions in early bone images represent cartilaginous tissue; hollow circles mark elements residing either proximally to the proximal growth plate or distally to the distal growth plate, whereas filled circles mark elements residing between the growth plates.
Transition of an element from outside to between the growth plates, such as of the lateral epicondyle, indicates ossification of the element by the advancing growth plate. The longitudinal origin of the bone is shown in a frontal slice of an E This section is presumed to be the location of initial chondrocyte hypertrophy at the primary ossification center, from which longitudinal growth progresses bidirectionally. To validate the fidelity of the algorithm, we analyze four fundamental attributes of its performance: a the accuracy of pairwise registrations, b the accuracy, precision and sensitivity of the NCC score as a binary classifier for the quality of pairwise registrations, c the accuracy of agglomerating pair alignments to multi-image alignments, and d the sensitivity of longitudinal position measurements to inaccuracies in image registration.
For each type of long bone at each developmental day between E Due to the minimal amount of trabecular bone and cortical thickening, fibulae were registered without prior masking. Conceived and designed the experiments: TS EZ. Analyzed the data: TS TG. Abstract One of the major challenges that developing organs face is scaling, that is, the adjustment of physical proportions during the massive increase in size.
Author Summary One of the major challenges that developing organs face is scaling, that is, the adjustment of physical proportions during the massive increase in size. This is an open access article distributed under the terms of the Creative Commons Attribution License , which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited Data Availability: All relevant data are within the paper and its Supporting Information files.
Introduction The three-dimensional 3D morphology of bones is fundamental to the ability of an organism to move, feed, and protect itself. Results Longitudinal Proportions in Long Bones Are Maintained throughout Development During skeletogenesis, bone superstructures emerge at an early stage [ 18 , 19 ], after which the long bones increase considerably in length.
Download: PPT. Fig 1. Symmetry-breaking elements define longitudinal proportions in long bones. Fig 2. Longitudinal proportions in long bones are maintained throughout development. The Cortical Core Is a Reliable Salient Feature for Anatomical Matching between Developing Long Bones Drift by bone modeling was previously suggested to preserve the relative position of superstructures in mineralized bones [ 20 ].
Fig 3. Accurate registration of bones from different developmental stages is achieved by matching the cortical cores. An Algorithm for Rigid Registration of Multiple Bone Images To recover the morphogenetic sequence of developing long bones, we derived an automated algorithm for rigid registration of multiple bone images Fig 4. Fig 4. A flowchart of the algorithm for rigid registration of multiple bone images.
Fig 6. Element drift plays a restricted role in long bone isometric scaling. The Fixed Plane Model for Longitudinal Isometric Scaling of Long Bones During longitudinal growth, the distance of elements from both ends of the bone increases, which is likely to change their relative positions. Fig 7. The fixed plane model for isometric scaling of long bones. Fig 8. Growth balance remains invariant when stationary elements are present.
Growth Balance Maintains the Relative Position of Stationary Elements In order to provide direct evidence for the role of the mechanism that regulates growth balance in preservation of the relative position of stationary elements, it is necessary to demonstrate high spatial proximity between the FP and stationary elements.
Fig 9. Isometric scaling is achieved by synchronization between element drifting patterns and growth balance. Growth Balance Is Optimized for Minimum Element Drifting Our results show that isometric scaling in long bones is achieved by coordination between the growth balance mechanism and element drift. Fig Growth balance is optimized for minimum element drifting activity.
Discussion In this work, we show that long bones are scaled isometrically throughout development. Materials and Methods Ethics Statement For harvesting of embryos, timed-pregnant females were sacrificed by CO2 intoxication or cervical dislocation. Micro-CT Imaging For assessment of the distribution of symmetry-breaking elements along the shaft, bones at stages between E Calculation of Relative and Physical Position of Elements To calculate element position relative to the bone ends, all bones were reoriented such that the longitudinal axis of the bone was parallel to the vertical axis z of the image grid.
Finally, the relative position of the element E RelativePosition was calculated as: Calculation of the physical position of elements was done after image registration and determination of the origin of the vertical axis O z. Histology Mineral deposition was evaluated by intraperitoneal injections of calcein Sigma C; 2. Generation of Statistical Maps for Morphological Preservation First, micro-CT bone images were manually registered by matching between the cortical cores.
The Registration of Multiple Images We start by addressing the particular case of pairwise image registration. Identification of Stationary Elements By definition, a stationary element is one for which the physical position remains constant over time.
We will now show that the FP is found where the ratio between its distances to the proximal and distal ends of the bone equals the ratio of growth rates at the two ends:. By inverting both expressions we get: 3. We will now show that the farther an element is located from the FP the faster it will drift in order to maintain its relative position.
Let E Physical l be the physical position of an element E with a constant relative position E Relative. Based on 1 , the rate of drifting of E is:. We got that the rate of drifting of an element is equal to the distance between the relative positions of the element and the FP, and therefore the farther an element is located from the FP the faster it will drift, Q. We will now show that elements that do not overlap with the FP drift away from the FP in order to compensate for the change in relative position.
We will now show that preservation of the relative position of an element over time necessitates that the balance between proximal and distal growth remains constant. Calculation of the Relative and Physical Positions of the Fixed Plane According to our statistical regression analysis, during each time period in which a stationary element has been identified a linear line provided a good fit to the data points.
Statistical Methods Statistical analysis was performed using the R language for statistical computing [ 81 ]. Supporting Information. S1 Data. Data for Fig 2. S2 Data. Data for Fig 6. S3 Data. Data for Fig 8. S4 Data. Data for Fig 9 and Fig S1 Fig. Illustration of the relative position of each element during development as measured in 3D micro-CT images of the humerus corresponds to the graph of the humerus shown in Fig 2.
S2 Fig. Illustration of the longitudinal origin of the bone. S1 File. Quantitative experimental evaluation of the proposed image registration scheme. S2 File. Illustration of the masked regions of each bone type. References 1. Bone development. Annual review of cell and developmental biology. A pathway to bone: signaling molecules and transcription factors involved in chondrocyte development and maturation.
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