Journal of the Myanmar Academy of Arts and Science Vol. XI, No.10 Contents Section (i) Psychology Sr. No. 1 2 3 Title Page Than Aung Htwe, Testing the Dimensionality of Global Self- 1 Esteem and Evaluating Negative-Item Effect Tin Aung Moe, Construction of Hydraulic Networks by Pyu 23 Engineers in Ancient Sriketra Lu Htoi, Learning Styles of University Students in Arts and 35 Science Section (ii) Education 4 Johnny than, An Investigation into the Effectiveness of Using Diagrammatic Representations in Teaching the Classification of World* Climate 49 5 Aye Yu Mon, An Investigation into the Effects of Direct Instruction and Indirect Instruction on the Improvement of the Writing Skills in Grade Eight Myanmar 71 6 Ma Kyi Swe, The Inquiry-based Learning Performance Model 87 in Support of Students’ Science Learning Cherry Tun, A Study of the Impact of Mathematics Anxiety 119 on Students’ Achievement in Basic Education Middle Schools 7 Section (iii) Law 8 Thi Thi Lwin, Legal Aspect of Polygamy under Myanmar 143 Customary Law 9 Hnin Hnin Saw Hla Maung , Study on the Interpretation of article 31 of the Refugee Convention: Illegal Entry 10 Sapae Kyi Maung, Practices of Consumer Protection in 179 ASEAN Countries 161 Section (iv) Economics 11 Khine Tin Zar Lwin, Learning, Firm Performance and 211 Environmental Dynamism: A Study of Private Manufacturing Firms in Yangon Sr. No. Title Page 12 Kyaw Swa Myint, A Study on Corruption Control Systems In 235 Selected Countries 13 May Mon Zaw, A Study on Patient Safety Programs in Health 251 Admistration Moe Moe Khaing, Than Thuzar, The Externality of Solid267 Waste-Reclying Small Businesses. 14 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Testing the Dimensionality of Global Self-Esteem and Evaluating Negative-Item Effect * Than Aung Htwe Abstract This study examined the factor structure of the Myanmar adaptation of Rosenberg Self-Esteem Scale and method effects associated with using positively and negatively worded items. Ten-item RSES-Myanmar adaptation and 14-item depression scale were administered to a sample of 320 Myanmar adolescents and young adult students. Confirmatory Factor Analysis (CFA) was used to evaluate several competing models of global self-esteem. The results of this study, consistent with previous studies conducted in Western and Chinese cultures, confirmed that the RSES was a unidimensional construct that was contaminated by method effects associated with positively and negatively worded items. It was also found that positively phrased items were more susceptible to response biases. This study provided insight into how wording effects distort the factor structure of a research questionnaire and how they attenuate theoretical relationship between two variables. The implications from these findings for Myanmar psychological research society were offered. Key words: Global self-esteem, Negative item effects, RSES Introduction The tendency for participants to respond to rating items independent of the content of the items represents a source of systematic measurement error and is usually referred to as response set, response bias, or the method or halo effect (Marsh, 1996). The practice of including both positively and negatively worded items in rating scales used in personality, social psychology and other areas of psychology has been advocated for many years in order to disrupt a variety of response set bias (Nunnally, 1978; Pedazur & Schmelkin, 1991) such as acquiescence, i.e., the tendency to agree with items independent of item content and nonacquiescence, i.e., the tendency to disagree with item independent of item content (AERA, APA, & NCME, 1999). Negatively worded items are included to act as “cognitive bumps that require respondents to engage in more controlled, as opposed to automatic, cognitive processing” (Podsakoff, MacKenzie, Lee, & Podsakoff, 2003). It is usually recommended to word approximately half of the items positively and half Lecturer, Department of Psychology, Pathein University * Best Paper Award Winning Paper in Psychology,(2012) 2 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 negatively to minimize response bias. The practice of including negatively worked items is based on two crucial assumptions. First, the items worded in opposite ways are measuring the same underlying construct. Second, respondents are able to reply to positively and negatively worded items equivalently (Marsh, 1996; Chen, Rendina-Gobioff, & Dedrick, 2010). Many psychometric analyses of questionnaires suggested that the practice of using positively and negatively phrased items may introduce systematic measurement errors that distort analyses and interpretation of results (Marsh, 1996) such as reducing score reliability and making unidimensional constructs appear multidimensional (Chen, Rendina-Gobioff, & Dedrick, 2010). The Rosenberg Self-Esteem Scale (RSES: Rosenberg, 1965) has been the focus of several studies of negative-item effect. The RSES is one of the most widely-used measures of assessing Global Self-Esteem (GSE), the evaluative component of an individual’s self-concept, which is used as an outcome measure, as an intervening variable, and as a basis for testing theoretical models about how individuals process, select, and integrate information about themselves (Marsh, 1996). GSE has been a useful construct in our understanding of a wide variety of social psychological phenomena (Corwyn, 2000). Rosenberg (1965) views GSE a one-dimensional concept that reflects a positive or negative orientation toward the self that transcends evaluations of specific areas of functioning. Thus, GSE is one-dimensional construct that is best measured by items tapping an overall assessment of self-worth. However, the dimensionality of the RSES, has been the subject of a substantively important debate. A few exploratory factor analyses (EFAs) have supported the idea of a single GSE factor using the RSES data, but most studies have reported a two-factor solution (Corwyn, 2000) Several alternative interpretations of the model of GSE were proposed from the RSES data, including the two-factor model of Positive and Negative Self-esteem (Carmines & Zeller, 1974), the two-factor model of selfderogation and defense of individual (Kaplan & Pokorny, 1969), the twofactor model of general evaluation of oneself and transient self-evaluations (Kaufman et al., 1991), and the three-factor model of self-positive, selfnegative, and social comparison (Rosenberg & Simmons, 1971). On the other hand, some researchers interpreted the two factors consistently found from EFA results of the RSES as method effects resulting from item phrasing. Recently, researcher using confirmatory factor analysis (CFA) to evaluate response set bias have posited several alternative measurement Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 3 models of GSE measures including correlated traits- correlated uniqueness (CTCU) models, correlated traits- correlated methods models (CTCM), and multitrait-multimethod (MTMM) models (Marsh, 1996; Corwyn, 2000; Chen, Rendina-Gobioff, & Dedrick, 2010). These studies from both western and Chinese cultures concluded that GSE is a unidimensional construct that is contaminated with item wording effects. The Present Study Negative-item effect inherent in psychological rating scales used in Myanmar culture was introduced by Than Aung Htwe (2012) in his factoranalytic studies of the Myanmar adaptation of ego identity process questionnaire. Negatively and positively stated items that tap two conceptual dimensions of exploration and commitment emerged as two factors which were not substantively meaningful, reflecting positive and negative item wording methods. In other words, positively worded items from both exploration and commitment scales loaded most highly on one scale, whereas negatively worded items clustered together on the other scale. He also found small magnitudes of correlations (<.20) between positive and negative item aggregates in the questionnaire suggesting that the assumptions underlying using negatively worded items were not tenable among Myanmar adolescents. Recently, researchers have recommended applying CFA to examine item wording effects to overcome the weaknesses of EFA and delineated the usefulness of CFA approach in the investigation of wording effect and other related issues in psychological measurement and research. Marsh (1996) suggested that the method effects are likely to bias correlations between measures of the same construct administered on two different occasions and correlations with other psychological constructs that are also measured with positively and negatively worded items. The current study adopted the usefulness of applying CFA to detect method effects and to investigate how they distort analyses and interpretation of research results. Despite numerous studies were designed to explore the method effect intriguing with the dimensionality of a rating scale, very few focused on these possible effects that may attenuate the relationship between two variables. A large body of empirical evidence suggested that self-esteem was a strong predictor for depression and depression is basically a condition of low self-esteem. Anxiety, neurotic symptoms, suicide, violence, and aggression, all of these, are most frequently caused by low self-esteem (Campbell, 1984). The Depression Anxiety Stress Scales (DASS) developed by Lovibond and 4 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Lovibond (1995) was proved to be a reliable and valid method of assessing features of depression, anxiety, and tension-stress, and an excellent instrument for measuring features of depression, hyperarousal, and tension in clinical and nonclinical groups. Investigation of how wording effects distort the factor structure of a research questionnaire containing the depression scale of the DASS and the RSES- Myanmar translations which include both positively and negatively worded items and of how these effects attenuate the theoretical relationship between self-esteem and depression will be useful to have broader understanding of item wording effects. Summing up, the present study was purported to evaluate if the method effects are present in the Rosenberg Self-Esteem Scale (RSES)Myanmar adaptation. The second purpose of the present study was to examine if method effects distort the factor structure of research questionnaire containing two measurement instruments of distinct theoretical constructs. The third purpose of this study is intended to investigate how the relationship between two variables is attenuated by method effect in a research questionnaire, particularly containing Myanmar adaptations of RSES and DASS depression scales. Method Participants A convenience sample of 320 Dagon University students was recruited to participate. In this study, of all respondents, 244 (76.3%) were females and 76 (23.8%) males. Their age ranged from 17 to 24 years. The mean age of participants was 19.05 with an SD of 1.12. In the present study, 285 (89.1%) participants were Buddhists, 19 (5.9%) Christian, and 16 (5%) practiced in Islam. Out of 320 respondents, 29 participants (9.1%) were over 20 years of age. Instruments Ten-item Rosenberg Self-Esteem Scale (RSES) developed by Rosenberg (1965) and 14-item depression scale of Depression Anxiety Stress Scales (DASS) developed by Lovibond and Lovibond (1995) were translated to Myanmar language by the researcher using the English-Myanmar dictionary published by Myanmar Language Association and Oxford Advanced Learner’s dictionary of English (10th addition) by A.S. Hornby. Initial Myanmar translation of a negatively worded RSES item (I wish I could have more respect for myself) seemed to be literally-translated and Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 5 ambiguous, and thus item wording was slightly modified in accordance with Myanmar culture. Readability and clarity of item wordings and conceptual and semantic equivalence between original and Myanmar-translated items were also reviewed by two lecturers of psychology and professor and head of the department of psychology, Dagon University, was asked to comment on any item that he found ambiguous or difficult to understand. This query did not reveal any major changes that needed to be made to any of the items. Questionnaire items were worded to accommodate the use of a 5-point scale ranging from (1) "strongly disagree" to (5) "strongly agree." for the RSES and (1) “never” to (5)”most of the time” for DASS Depression items. The RSESMyanmar adaptation comprised of 5 positively stated items and 5 negatively worded items. All items of depression scale were positively worded. Scoring was reversed for negatively worked items. Data Collection Procedure Permission for data collection was requested to respective professors and departmental heads of Dagon University. Questionnaire surveys were conducted during class time. Instructions for completing the questionnaire were clearly read aloud to the participants before the research questionnaires were distributed to them. The data collectors who are teaching staffs from department of psychology, Dagon University carefully administered the research questionnaire in order to obtain independent responses from each student. Statistical Analysis Seven measurement models of the RSES were examined using LISREL 8 program developed by Jöreskorg and Sörbom (1996) (See Model 1-7 in Figure 1). Model 1 consisted of a global self-esteem factor without method effects. Model 2 contained two correlated factors – positive and negative self-esteem. Model 3 contained a global self-esteem with correlated uniqueness underlying negatively worded items whereas Model 4 contained a global self-esteem with correlated uniqueness underlying positively worded items. Model 5 and 6 added negative and positive item wording method factors with all negatively and positively worded items respectively. Model 7 was a multitrait-multimethod model with factors associated with both negatively and positively worded items. 6 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Results Descriptive Statistics Table 1 provides descriptive statistics for the items and summary scores for the RSES-Myanmar adaptation. Means and standard deviations for the composite of the five negatively worded items were 3.29 and 1.265, respectively and 3.80 and 1.051 for the composite of the five positively worded items. Item means of positively worded items seemed to be consistently higher than those of negatively worded items, except for item No. 2 of negative item scale. EFA Results A principal component analysis (PCA) followed by varimax rotation was conducted to examine the factor structure of the RSES and depression scales included in the research questionnaire. Table 2 reports the PCA results of the questionnaire. Six factors were extracted by Kaiser-Guttman criterion (eigenvalue>1.00). A noticeable break after the third eigenvalue suggested that three-factor solution was the most plausible (the first eigenvalue was 5.253, the second, 1.788, the third,1.633, the fourth, 1.231, the fifth, 1.130, and the sixth, 1.015). Table 2 lists the varimax-rotated three-factor structure of the RSES and DASS depression. As indicated in the table, the first factor was mostly loaded with depression scale items and two negatively worded GSE items; the second factor mostly loaded with negatively worded GSE items and some depression scale items; the third factor represented positive self-esteem and was mostly loaded with positively worded RSES items. 7 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 GSE P1 P2 P3 P4 P5 N1 N2 N3 N4 N5 MODEL 1 POS P1 P2 P3 NEG P4 P5 N1 MODEL 2 N2 N3 N4 N5 8 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 GSE P1 P2 P3 P4 P5 N1 N3 N2 N4 N5 MODEL 3 GSE P1 P2 P3 P4 P5 N1 N2 N3 N4 N5 MODEL 4 GSE P1 P2 P3 P4 P5 N1 N3 N2 NEG MODEL 5 N4 N5 9 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 GSE P1 P2 P3 P4 P5 N1 N3 N2 N4 N5 MODEL 6 MTMM P1 P2 P3 P4 P5 N1 N3 N2 N4 N5 NEG POS MODEL 7 Figure 1- Models for the Rosenberg Self-Esteem Scale- Myanmar Adaptation Model 1: One-factor GSE ; Model 2: Two-factor GSE (Positive and negative GSE) ;Model 3: One-factor GSE with correlated error for negatively stated items ; Model 4: One-factor GSE with correlated error for positively stated items; Model 5: One-factor GSE with negative wording factor; Model 6: One-factor GSE with positive wording factor; Model 7: One-factor GSE with both positive and negative method factors 10 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 1- Descriptive statistics of the RSES- Myanmar adaptation Item content M SD SK KU P1 I feel that I have a number of qualities 3.86 .884 -.888 .838 N1 I wish I could have more respect for myself 3.13 1.282 -.122 -1.196 P2 I am able to do things as well as most other people 4.16 .860 -1.317 2.236 N2 All in all I am inclined to feel that I am a failure 4.35 1.081 -1.796 2.360 P3 I feel that I am a person of worth, at least on an equal plane with others 4.23 1.024 -1.563 2.098 N3 I certainly feel useless at times 2.86 1.375 .246 -1.289 P4 On the whole, I am satisfied with myself 3.43 1.297 -.484 -.907 N4 I feel that I do not have much to be proud of 2.90 1.227 .104 -1.065 P5 I take a positive attitude toward myself 3.35 1.192 -.308 -.827 N5 At times I think I am no good at all 3.22 1.325 -.138 -1.259 Positive 3.80 1.05 -.911 .687 Negative 3.29 1.26 -.341 -.490 Cronbach Alpha Positive .51 Negative .52 Global .61 Note. M = Mean, SD = Standard deviation, SK = Skewness, KU = Kurtosis 11 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 2- Three-factor structure of the RSES and depression (DASS) scales Item Component 1 2 P1 I feel that I have a number of qualities .671 N1 I wish I could have more respect for myself -.315 P2 I am able to do things as well as most other people N2 All in all I am inclined to feel that I am a failure .509 -.485 P3 I feel that I am a person of worth, at least on an equal plane with others N3 I certainly feel useless at times 3 .484 -.347 P4 On the whole, I am satisfied with myself -.354 -.394 .488 N4 I feel that I do not have much to be proud of .289 P5 I take a positive attitude toward myself .582 N5 At times I think I am no good at all -.376 D1 I could see nothing to be hopeful about .539 D2 I felt that life was meaningless .584 .338 D3 I felt that I had nothing to look forward to .505 .352 D4 I felt I was pretty worthless .484 D5 I felt that life wasn't worthwhile .641 D6 I was unable to become enthusiastic about anything .489 D7 I felt I wasn't worth much as a person .520 D8 I felt I had lost interest in just about everything .553 D9 I couldn't seem to experience any positive feeling at all .593 D10 I felt down-hearted and blue -.301 .762 D11 I couldn't seem to get any enjoyment out of the things I did .356 D12 I felt sad and depressed .328 .736 D13 I found it difficult to work up the initiative to do things .430 D14 I just couldn't seem to get going .661 % of variance 21.89 .327 7.45 6.80 Note: Factor loading <.25 are not reported CFA Results: Model 1-7 Seven alternative models were compared to determine the best fitting model using multiple fit indices including the chi-square statistic, comparative fit index (CFI), root mean square error of approximation (RMSEA), and standardized root mean square residual (SRMR), and Tucker-Lewis index (TLI). Values of RMSEA less than .05 indicate a good fit, and values as high as .08 represent a reasonable fit Values of SRMR less than .05 indicate a good fit. Values of CFI and TLI >.90 indicate an acceptable fit to the data (Byrne, 12 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 1998). Besides, substantive issues such as the interpretability of the parameter estimates were also considered. Table 3 presents goodness-of-fit indices for the GSE models. Table 3- Goodness-of-fit indices for the GSE models Model Null 1 2 3 4 5 6 7 χ 2 df 379.83 130.42 91.07 71.89 59.28 84.98 77.66 44.18 45 35 34 25 25 30 30 24 RMSEA SRMR CFI TLI .000 .092 .073 .077 .066 .076 .071 .051 .000 .071 .059 .054 .047 .058 .054 .039 .000 .65 .78 .74 .81 .75 .78 .88 .000 .73 .83 .86 .89 .83 .85 .94 As indicated in the table, the estimation of Model 1 consisting of one factor model of GSE was resulted the poorest fit ( χ 2 =130.42, df=35; RMSEA=.092; SRMR=.071; CFI=.73; TLI=.65). Previous research has well documented that the single factor model has consistently unable to fit the data (Marsh, 1996; Corwyn, 2000; Chen, Rendina-Gobioff, & Dedrick, 2010). Standardized factor loadings ranged from .28 (negative item 5) to .41. Model 2 consisting of Positive and Negative self-esteem also did not fit well. In addition, relatively high correlation between two factors indicated that these two factors did not represent separate orthogonal factors. Model 3 through Model 7 which included method effects showed improved model fit than did the models (Model 1 and 2) without method effects. Model 4 with correlated uniqueness among positively worded items fit better than Model 3 with correlated uniqueness among negatively worded items. Similarly, Model 6 with positive method factor showed better fit than Model 5 with negative factor. In the estimation of Model 3 and 4 with correlated uniqueness among items, the error covariances among positively worded items ranged from -.02 to .27. They ranged from .08 to .21 among negatively worded items. The magnitudes of error covariances among positively worded items were found to be consistently higher than those of error covariances among negatively worded items. The largest modification indices found in the estimation of Model 3 through Model 6 suggested to add error covariance between negative item 2 and positive item 3. 13 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Model 7 which included both positive and negative method factor showed the better fit than any other models and model-data fit was considered acceptable ( χ 2 =44.18, df=24; RMSEA=.051; SRMR=.039; CFI=.94; TLI=.88). However, examination of standardized loadings of the items found that negative item 2 and positive item 3 loaded negatively on GSE, suggesting that the model also needed to be modified. The means of these items were 4.35 with an SD of 1.08 and 4.23 with an SD of 1.02, respectively. These items were found to be highly negatively skewed. Revised Models of the RSES-Myanmar Adaptation Measurement models of the RSES were revised by the deletion of negatively worded item 2 and positive item 3 from the analysis. Model 3 through Model 7 with method effects were compared again. Goodness-of-fit indices of revised models are outlined in Table 4. Table 4- Goodness-of- fit indices of the revised measurement models of RSES Model chi-square df RMSEA SRMR CFI TLI Null 245.31 CMPOS 31.69 CMNEG 44.05 CUPOS 21.30 CUNEG 35.83 MTMM 23.65 28 16 16 14 14 12 .000 .055 .074 .040 .070 .055 .000 .042 .049 .033 .044 .037 .00 .88 .87 .93 .79 .87 .00 .92 .77 .97 .90 .95 Note: CMPOS = model with positive method effect, CMNEG = model with negative method effect, CUPOS = model with correlated uniqueness among positive items, CUNEG = model with correlated uniqueness among negative items, MTMM = model with both positive and negative method effects As mentioned in the table, revised CUPOS model was found to be the best fitting model over other models, followed by MTMM model. Structural Relation between the RSES and DASS Depression Fourteen items included in Myanmar adaptation of DASS depression scale were randomly selected to form five indicators for testing the structural relation between GSE and depression, instead of using individual items. This procedure was done according to the recommendations of structural equation modeling (SEM) experts, e.g, Pedazur (1997) who suggested that using too many indicators in a SEM analysis make it difficult to fit a model to data and it is preferable to use a relatively small number of good indicators than using a relatively large number of poor ones. CUPOS model of RSES was used as 14 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 baseline model in subsequent analyses of the relationship between GSE and depression. To explore whether method effects could also contaminate the factor structure of the depression scale in addition to the RSES, comparison was needed to be made between the factor structure of depression with method effect and that of depression without method effect. The initial estimation of GSE and depression models did not reach satisfactory fit. Thus, the models were modified according to the recommendation of the modification indices. The error of the DI5 and some GSE indicators were highly correlated in both models. Therefore, the DI5 indicator was dropped. Figure 2 depicts comparison of revised structural models of RSES and depression with and without method effects. The results of these models of the RSES and DASS Depression yielded a good fit. Table 5 lists the goodness-of-fit results. As shown in Table 5, the revised structural model of RSES and depression with method effects provided better fit than that without method effects ( ∆χ 2 = 22.03, df=6). The difference in chi-square between two models was 22.03. The critical chi-square value with 6 df was 16.812 at p = .01. Therefore, the difference between the two models was significant at p < .01. The chi-square difference test suggested that method effects seemed to be inherent not only in the RSES but also in the entire questionnaire. Table 5- Goodness-of- fit indices of the revised models of RSES and Depression with and without method effects Model chi-square df RMSEA SRMR CFI TLI Null 883.91 66 .000 Depression without method effects Model 8 91.16 47 .054 Depression with method effects Model 9 69.13 41 .046 .000 .042 .038 r* r2 .00 .00 .00 .00 .94 .92 -.76 .58 .94 .44 . 96 -.66 * correlations between latent variables of GSE and depression To understand how method effects attenuate the relation between GSE and depression, zero-order correlations among raw scores of the variables of revised 8-item GSE and 12-item depression were estimated. Table 6 reports the results. By using latent variables or factor in testing a causal model, the effects of random measurement errors, which tend to attenuate the measures of association, are removed from the analysis. As a result, the LISREL program 15 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 provides less biased estimates of structural coefficients or correlations than do procedures that are based on measured or manifest variables (Brooke, Russell, & Price, 1988). t can be clearly seen in Table 6 that zero-order correlation between raw scores of GSE and depression without method effects was found to be underestimated compared to correlation coefficients (path coefficients) estimated by latent structural relation model with method effects (See Table 5). The resulting coefficient of correlation (r=-.473, r2 = .224) from the raw score data can be interpreted that only 22.40% (r2=.224) of total variance in depression was accounted for by GSE. P1 P2 DI1 P4 DI2 P5 GSE DPR N1 DI3 N3 DI4 N4 N5 MODEL 8 Model 8: Structural model of GSE and Depression without correlated errors 16 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 P1 P2 DI1 P4 DI2 P5 GSE DPR N1 DI3 N3 DI4 N4 MODEL 9 N5 Model 9: Structural model of GSE and Depression with correlated errors Figure 2 - Comparison of Revised Structural Models of RSES and Depression with and without Method Effects Table 6-Relationships between self-esteem variables and depression Variable SGSE PGSE NGSE DPR (1) (2) (3) (4) 1 _ 2 .762 _ 3 .851 .308 _ 4 -.473 -.259 -.484 _ SGSE = Single factor GSE raw scores without method effects; PGSE = Positive self-esteem raw scores; NGSE = Negative self-esteem raw scores; DPR = Depression raw scores On the other hand, the resulting correlation between latent variables of GSE and Depression with method effects (Model 9) (r=-.660, r2 = .440) can be interpreted in the same way that 44% of the total variance in depression was explained by GSE. The resulting path coefficient of Model 8 (See Table 5) was found to be -.760 (r2 = .580) suggested that 58% of total variance in depression was accounted for by GSE. These three different possible Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 17 interpretations may seriously affect the theoretical significance of the role of GSE on depression. Therefore, method effects appeared to attenuate the relationship between two variables. As mentioned in Table 6, the magnitude of correlation between positive and negative item aggregates was found to be relatively lower than it should (r=.308). Marsh (1996) suggested that these correlations between positive and negative scales should reach .80s on the assumption that the two item aggregates measure the same underlying construct. Discussion In this study, evaluation of seven competing models of global selfesteem underlying the RSES-Myanmar adaptation via CFA approach supported the presence of method effects associated with the positively and negatively worded items. The initial measurement models of the RSES with correlated errors for positively stated items and those with multimethod factor provided the better fit. Model 3 through Model 7 which included method effects showed improved model fit than did the models (Model 1 and 2) without method effects. Model 4 with correlated uniqueness among positively worded items fit better than Model 3 with correlated uniqueness among negatively worded items. Similarly, Model 6 with positive method factor showed better fit than Model 5 with negative factor. Comparisons of the revised measurement models also turned out that model with correlated errors among positively worded items provided the best fit. Inconsistent with Corwyn (2000) and Chen et al. (2010)’s studies, it was found in this study that positively worded items were more susceptible to response biases than did the reverse-coded items for Myanmar adolescents and young adults. In these two cited previous studies, the researchers found that the models with negative factor and those with correlated uniqueness among negatively worded items did fit better than the models with positive item wording factor and those with correlated uniqueness among positively worded items. However, Chen et al. used a sample of third and sixth graders whereas Corwyn analyzed data from several samples of adolescents and adults with varied age range. In the present study, a relatively homogeneous sample of adolescent and young adult students ranged in age from 17 to 24 years old from Dagon University was employed to examine the method effects. Descriptive analyses of the data in this study revealed that item means of positively worded items seemed to be consistently higher than those of negatively worded items, except for the item, N2. 18 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 On the other hand, the findings from this study was supported by Samuelstuen (2003)’s study which revealed significant method effects associated with positively worded items. Two hundred and seventy one fifteen-year-old Norwegian tenth graders were participated in Samuelstuen’s study. Thus, different sample characteristics, particularly respondent age, may account for the findings of different patterns of method effects between the current study and two prior studies cited above conducted in other cultures. Chen et al. (2010) stated that elementary-aged children may not understand that they can indicate agreement by disagreeing with a negative statement and indicate disagreement by agreeing with a negative statement. Similarly, Marsh (1986) also demonstrated that younger children and children with low verbal ability found difficulty interpreting appropriately to negatively keyed items. On the other hand, Samuelstuen (2003) concluded that the adolescent students do not respond randomly, especially on the positively worded items and that the students’ scale scores captured systematic variance due to a tendency of yeah-saying. Samuelstuen also argued that method effects cannot be limited to only negatively keyed items. Schaffer and Riordan (2003) reported that there is a greater tendency in the Asian people to provide cautious responses to rating scale items thanks to collectivistic cultural norms while individualists usually provide responses that endorse individual expressiveness. In this study, the scores of the respondents seemed to be affected by a tendency to provide cautious responses in the form of impression management in making self-evaluations about themselves. The magnitude of correlation between positive and negative item aggregates of the RSES- Myanmar version was found to be relatively lower than it should. The validity of the assumption underlying using positive and negative items was not tenable. Marsh (1996) recommended that if test constructor chooses to use negatively worded items and to score them it may be necessary to use CFA approaches to evaluate the psychometric properties of responses to the rating scale. Marsh’s (1986) Self Description Questionnaire I (SDQI) includes both negatively and positively worded items designed to disrupt response biases, but does not include the negative items in scoring because of empirical evidence that young children have difficulty in responding appropriately to the negatively worded items. However, method effects may not be limited to only reverse-scored items. Respondents’ characteristics such as respondent age, verbal ability, and other cultural factors such as provision of cautious responses found in the Asian cultures seemed to play a role for the presence of either negative or Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 19 positive item effects possibly inherent in psychological rating scales. Further considerations are needed for positive item effects as those found in the present study. It was also found in this study that method effects seemed to be inherent not only in the RSES but also in the entire questionnaire for the model of GSE and depression with method effects (Model 9) provided better fit than that without method effects (Model 8) significantly. Method effects appeared to attenuate the relationship between two variables. Analysis of the magnitudes of correlations between GSE and depression estimated from raw data and latent structural models facilitated different interpretations of theoretical relationship that may seriously affect the theoretical and practical significance of the role of self-esteem on depression. Procedures based on raw scores (measured or manifest variables) underestimated the strength of relationship between GSE and depression compared to less biased estimates of latent structural coefficients or correlations provided by LISREL program. The relationship between these two variables was overestimated by GSE and depression model without method effect (Model 8) compared to that with method effect (Model 9). Conclusions The results of the current study provided further evidence that the unidimensional latent model of global self-esteem based on Rosenberg’s (1965) scale could be generalized to Myanmar adolescent and young adult students and that the dimensionality of RSES-Myanmar adaptation was also contaminated by method effects associated with positively and negatively phrased items. In this study, positively worded items were more susceptible to response biases than did the reverse-coded items. The findings from this study also demonstrated that method effects may not only be limited to individual scales contained in a research questionnaire but also be inherent in entire questionnaire. EFA results of the Myanmar adaptations of RSES and DASS Depression scales revealed distorted three-factor structure of these scales reflecting positive and negative item phrasing. The findings from this study revealed that method effects appeared to attenuate the relationship between two variables. Analysis of the magnitudes of correlations between GSE and depression estimated from measured variables (raw data) and latent structural models made it possible for different 20 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 interpretations, seriously affecting the theoretical and practical significance of the role of self-esteem on depression. Implications American Psychological Association (APA) provided standards for educational and psychological testing for both test users and test developers (AERA, APA, & NCME, 1999). Validity is the first issue that should be considered in every inferences made from test scores. There are, in practice, two principal approaches to find construct validity evidence of psychological tests: factor analysis and multitrait- multimethod. Factor analysis is the primary tool among the two approaches most researchers rely on because the latter is not feasible to apply in many situations. However, the conventional use of both positively and negatively phrased items distorts data analysis results and interpretations, especially EFA results. A researcher may find difficulty testing dimensionality of his/her instruments in such context. The present study well demonstrated how method effects distort the factor structure of the scales contained in a research questionnaire. Researchers, as suggested by Marsh (1996), who use rating scale consisting of both positively and negatively worked items need to be aware of this potential source of method effects in their results and the possibility of these effects should be evaluated. This study adopted CFA approach to overcome the shortcomings of EFA and applied methodology which provides practical means of evaluating these method effects and that of theory testing, particularly for Myanmar psychological research society. The present study also offered important implications particularly for researchers in Myanmar psychological research society that confirmatory factor analysis and structural equation modeling can explicitly be used to model these method effects to ensure unbiased estimates and appropriate statistical inferences about the relations between psychological constructs. Direction for Future Research Although this study well demonstrated the cross-cultural generalizability of method effects in Myanmar culture, the use of relatively homogeneous, convenience sample of Dagon University students may limit the external validity of study findings. Thus, replication of findings should be Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 21 warranted with a large representative sample of Myanmar adolescents and adults. Another important issue about the RSES in Myanmar culture is its measurement invariance. Investigation of measurement invariance of GSE across different Myanmar sample characteristics is still needed for practical and research purposes. Both positive and negative item effects were found in several studies. However, research is still needed to understand how the type of response bias is related to respondents’ characteristics and their cultures. Finally, crosscultural generalizability of the RSES and method effect with other emic measures should also be carried out. Acknowledgement I would like to express my first and foremost gratitude to Prof. Dr. Nyunt Phay, rector of University of Pathein, Prof. Dr. Than Soe, pro-rector of University of Pathein, and Dr. Myint Maw Oo, Professor/Head of the Department of Psychology, University of Pathein, for allowing me to prepare this research paper. Many thanks go to U Aye Kyaw, Professor/Head of the Department of Psychology, Dagon University, for his support for data collection and sincere guidance for doing this study. My colleague, U Naing Win, Lecturer of Department of Psychology, Dagon University, is deserved my thanks for his great help in collecting data. Last but certainly not least, my heartfelt thanks are directed to Prof. Dr. Djamari Merdapi, Director of Graduate Program, National University of Yogyakarta, for his excellent lectures on SEM. References American Educational Research Association, American Psychological Association, and the National Council on Measurement in Education. (1999). Standards for educational and psychological testing. Wahsington, DC: APA. Brooke, P.P., Russell, D.W., & Price, J.L. (1988). Discriminant validation of measures of job satisfaction, job involvement, and organizational commitment. Journal of Applied Psychology, 73, 2, 139-145. Byrne, B. M. (1998). Structural Equation Modeling with LISREL, PRELIS, and SIMPLIS: Basic Concepts, Applications, and Programming. Mahwah, NJ: Lawrence Erlbaum Associates. Camnines, E.G., & Zeller, R.A. (1974). On establishing the empirical dimensionality of theoretical terms: An analytical example. Political Methodology, 1, 75-96. Campbell, R. N.(1984). The New Science of Self-Esteem Psychology. New York: University Press of America. Chen, Y-H., Gobioff, G.R., & Dedrick, R.F. (2010). Factorial Invariance of a Chinese SelfEsteem Scale for Third and Sixth Grade Students: Evaluating Method Effects Associated with Positively and Negatively Worded Items. The International Journal of Educational and Psychological Assessment, 6, 1, 21-35. Corwyn, R.F. (2000). The factor structure of global self-esteem among adolescents and adults. Journal of Research in Personality, 34, 357-379. 22 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Jöreskog, K. G., & Sörbom, D. (1996). LISREL 8 User's Reference Guide. Chicago: Scientific Software Inc. Kaplan, H.B., & Pokorny, M.D. (1969). Self-derogation and psychological adjustment. The Journal of Nervous and Mental disease, 149, 421-434. Kaufman, P., Rasinski, K.A., Lee, R., & West, J. (1991). National Educational Longitudinal Study of 1988. Quality of the responses of eighth-grade students in NELS88. Washington, DC: U.S. Department of Education. Lovibond, P.F, & Lovibond, S.H. (1995). The structure of negative emotional states: Comparison of the Depression Anxiety Stress Scales (DASS) with the Beck Depression and Anxiety inventories. Behavioral Research and Therapy, 33, 335-342. Marsh, H.W. (1986). The bias of negatively worded items in rating scales for young children: A cognitive-developmental phenomenon. Developmental Psychology, 22, 37-49. Marsh, H.W. (1996). Positive and negative global self-esteem: A substantively meaningful distinction or artifactors? Journal of Personality and Social Psychology,70, 4, 810-819. Nunnally, J.C. (1978). Psychometric theory. New York: McGraw-Hill. Pedazur, E.J.(1997). Multiple regression in behavioral research. New York: Thomson Learning Inc. Pedazur, E.J., & Schmelkin, L.P. (1991). Measurement, design, and analysis: An integrated approach. Hillsdale, NJ: Erlbaum. Podsakoff, P.M., Mackenzie, S.B., Lee, J-Y., & Podsakoff, M.P. (2003). Common method biases in behavioral research: A critical review of the literature and recommended remedies. Journal of Applied Psychology, 88, 879-903. Rosenberg, M. (1965). Society and the adolescent self-image. Princeton, NJ: Princeton University Press. Rosenberg, M., & Simmons, R.G. (1971). Black and white self-esteem: The urban school child. (Rose Monograph Series). Washington, DC: American Sociological Association. Samuelstuen, M.S. (2003). Psychometric properties and item-keying direction effects for the learning and study strategies inventory-High school version with Norwegian students. Educational and Psychological Measurement, 63, 430-445. Schaffer, B.S., & Riordan, C.M.(2003). A review of cross-cultural methodologies for organizational research: A best practices approach. Organizational Research Methods, 6, 2, 169-215. Than Aung Htwe (2012). Measurement of adolescent ego identity: Myanmar translation of ego identity process questionnaire. Journal of the Myanmar Academy of Arts and Science, Vol. X., No.10, 177-191. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Human Values and Their Effects on Environmental Obligation and Pro-environmental Behaviour in Myanmar Tin Aung Moe Abstract The purpose of the present study was to investigate the effects of human values on environmental obligation and pro-environmental behavior in Myanmar. The study starts with the construction of Human Values Scale, and then examines their effects on environmental obligation and proenvironmental behavior. A total of 324 individuals from diverse cultures were participated as a sample. The results show that Human Values Scale has a good factor structure and adequate internal consistency reliability estimates. The correlations suggest that Biospheric value was more related to environmental obligation and pro-environmental behavior than the other two egoistic and altruistic values. The regression analyses also indicate that only biospheric values significantly influences on environmental obligation and pro-environmental behavior. Biospheric value only is occurred as a predictor. Since the previous studies showed that factors such as value orientation, environmental belief, and norms have been shown to influence specific and general pro-environmental behavior, the impact of environmental obligation on pro-environmental behavior was also examined. The present finding is consistent with the past results by proving that personal obligation to environment is a predictor of pro-environmental behavior in Myanmar sample. Key words: Human Values, Environmental Obligation, Pro-environmental Behaviour Introduction There is an increasing awareness that the natural environment is being harmed by human actions. Environmental problems are viewed by many as caused by maladaptive human behaviour (Kyi Kyi Hla, 2010; Maloney & Ward, 1973). In addition, the collected data suggest that high percentages of people around the world believe that environmental problems are among the most important social problems of the day (Dunlap, 1991). Solving these problems require changes in mind and behavior. Psychology, as the science of behavior, therefore, can have an important role in the amelioration of these problems, and it is important to study the factors that influence environmental behavior. In the past decades, many scholars have emphasized the importance of studying relationships between human values and environmental behavior (Dunlap, Grieneeks, and Rokeach, 1983; Naess, 1989). Various studies have Assistant Lecturer, Department of Psychology, Yangon University 24 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 attempted to identify values that provide a basis for environmental attitudes and behavior (Stern, Dietz, Abel, Guagnano, and Kalof, 1999).Values are considered to be important because they are general in nature and therefore may affect various beliefs and behaviours simultaneously (Rohan, 2000; Rokeach, 1973). However, it has been argued that environmental problems are largely ingrained into the traditional values, attitudes, and beliefs of a given society. According to Johnson, Bowker, and Cordell (2004), different populations with specific social practices and cultural traits are likely to hold different values on and attitudes toward nature or the environment. Therefore, an empirical study of values and environmental attitudes for one culture is of particular importance. A few studies, however, have yet been empirically conducted to examine the correlations among human values, personal obligation to environment and pro-environmental behavior in Myanmar. Thus, the main purpose of the study was to develop a human value scale and to investigate the effects of human values on environmental obligation and proenvironmental behavior in Myanmar. Human Values, Environmental Obligation, and Pro-environmental Behaviour Relationships between values, behavior-specific beliefs, and environmental behavior have been studied extensively in social and environmental psychology (Corraliza and Berenguer, 2000: Garling, Fujii, Garling, and Jakobsson, 2003).Schwartz (1992, 1994) defined a value “a desirable transsituational goal varying in importance, which serves as a guiding principle in the life of a person or other social entity” (1992, p.21). The total number of values that people possess is relatively small. Therefore, relative to other antecedents of behavior, values provide an economically efficient instrument for describing and explaining similarities and differences between persons, groups, nations, and cultures (Rokeach, 1973). A number of studies concerning values in environmental research are based on Schwartz’s Value Theory (1992, 1994). Schwartz proposes a general classification of 56 or 57 values. The importance of these values may differ across persons and cultures, but the structure of these values is believed to be universal. Indeed, studies conducted in different countries and cultures reveal that these values may be categorized into two dimensions (Schwartz et al., 2001). The first dimension is openness to change versus conservatism and the second one is self-transcendent versus self-enhancement values. Openness to change is described by values of self-direction, stimulation, and hedonism, Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 25 while conservatism is defined by values of tradition, conformity, and security. Self-transcendent is characterized by values of universalism and benevolence. Finally, self-enhancement is defined by values of power and achievement. Research shows that especially self-transcendent (altruistic or biospheric) versus self-enhancement (egoistic) dimension is related to different types of environmental beliefs and behaviours, because environmental behavior often involves a conflict between immediate individual gains and long-term collective interests (Nordlund and Garvill, 2002). Most of the studies have shown that people with a dominating selftranscendent value orientations have stronger pro-environmental beliefs and are more likely to engage in pro-environmental behavior than people who strongly prefer self-enhancement values (Bardi and Schwartz, 2003; Garling et al., 2003; Nordlund and Garvill, 2002; Stern and Dietz, 1994). Values typically influence environmental behavior indirectly, via behavior-specific beliefs, attitudes, and norms (Garling et al., 2003; Nordlund and Garvill, 2002). Personal norms (sometimes called personal obligation) in particular seem important in this respect. Personal norms refer to feelings of moral obligations to behave pro-environmentally (Garling et al., 2003; Nordlund and Garvill, 2002; Stern, 2000). Nordlund and Garvill (2003) found that self-transcendent values were positively related to personal norms toward willingness to reduce car use. Moreover, personal norms mediated the effects of values on willingness to reduce car use. Environmental obligation, like personal norms, can be defined as an individual’s sense of obligation to protect environmental deterioration in general, or specific environmental problems. Van Liere and Dunlap (1978) found a strong relationship between environmental obligation and behavior that negatively affects the quality of the environment. Hines et al.’s (1987) meta-analysis indicated that those individuals who assume some type of environmental obligation more often behave environmentally responsible than those who do not assume such a responsibility. Many scholars have argued that the self-transcendent value orientation includes both altruistic and biospheric values. Stern (2000) proposed that three different value orientations may affect environmental beliefs and behavior, namely, an egoistic (values focusing on maximizing individual outcomes), a social-altruistic (values reflecting concern for the welfare of others), and a biospheric value orientations (values emphasizing the environment and biosphere). Research showed that the biospheric value orientation was most 26 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 strongly and positively correlated with Environmental obligation in Europe (Groot and Steg, 2007). Environmental obligation was also positively related to altruistic value orientation, but negatively with the egoistic value orientation. Environmental Issues and Conservation in Myanmar The history of environmental conservation in Myanmar dates from the last dynasty of Myanmar kings, who protected the teak forests and sanctuaries, established by King Mindon in 1860 (Khin Maung Nyunt, 2003; Thin Thin Latt, 2006). However, there was no central coordinating body for environmental matters before the creation of the National Commission for Environmental Affairs (NCEA) in 1990. This action followed the introduction of a market-oriented economic policy in 1988, when the need for central institution to safeguard environmental interests quickly became clear. The NCEA comes under the Ministry of Foreign Affairs and coordinates the work of various other ministries and departments. It includes four committees with separate responsibilities for the conservation of natural resources, the control of pollution, research education and information, and international cooperation. National Environmental Policy adopted in 1994 emphasizes “the responsibilities of the State and every citizen to preserve its natural resources in the interest of present and future generations,” and states that “environmental protection should always be the primary objective in seeking development.” The NCEA has since been working to raise public awareness of environmental issues by organizing workshops, seminars, and conferences among government officials, and using mass media to carry its message to the people. The best effort to establish a blueprint for sustainable development is the NCEA’s initiation of Myanmar Agenda 21(based on Global Agenda 21) in 1997. Although Agenda 21 aims specifically at bringing environmental factors to bear on governmental policy making, it has the more general objective of making environmental awareness part of the daily lives of all citizens. Through public education programs, the Myanmar people seem to have become more and more aware of the environmental value. Indeed, “little is known about the environmental issue, attitudes, education and conservation in Myanmar” (Tin Aung Moe, 2006). Recently, Myanmar like some Asian neighbours badly felt the full impact of the world ecological imbalance caused by global warming and climate change on 3rd-4th May, 2008, when parts of Yangon and Ayeyarwaddy Divisions were battered Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 27 by the Cyclone Nargis causing many death and destruction (Kyi Kyi Hla, 2010). Again, more recently some parts of the Rakhine State also suffered many damages and losses by hitting Cyclone Giri on 22nd -23rd October, 2010. As a result, Myanmar learnt that it is the time to emphasize the interests of this crucial environmental conservation and sustainable development although its natural environment has not yet reached the dimensions of deterioration as in developed countries. In Myanmar, however, there is still lacking necessary empirical research concerned with environmental beliefs, values, obligations, attitudes and behavior. The present research attempts to fill this necessary gap by studying the relationships among the values of the people in Myanmar, personal obligation to environment, and pro-environmental behavior. Aim of the Study This study aims to develop a Human Values Scale and examine the impact of human values on environmental obligation and pro-environmental behaviour in Myanmar. In line with previous research findings, the following two hypotheses were constructed: Hypothesis 1: There will be relationships among three human values, environmental obligation, and pro-environmental behavior in Myanmar. Hypothesis 2: Altruistic and biospheric values will be influence on personal obligation to environment and pro-environmental behavior in Myanmar. Method Participants A total of 324 individuals from Yangon, Mandalay, and Sittwe (Male 104 and Female 220) were participated in the current study. Their mean age was 27.20 (SD 5.40) years. Materials A set of questionnaires contained Human Values Scale, Environmental Obligation and Pro-environmental Behaviour Questionnaire. Human Values Scale: this scale, based on data derived approach, was specifically developed for the present study. It consisted of 14 items. After necessary exploratory factor analysis was performed, 13 items were retained for three factor structure: Egoistic Values (5 items), Altruistic Values (4 Items), and Biospheric Values (4 items). It is a 7 point Likert scale ranging 28 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 from 1(strongly disagree) to 7 (strongly agree). The participants need to indicate their extent of disagree or agree towards the items. The coefficient Alpha for Egoistic Values was .79 and .70 and .71 were for Altruistic and Biospheric values, respectively (see Table 1). Environmental Obligation: In order to measure personal obligation to environment, 4 questions were self-constructed. An exploratory principal component analysis, however, as well as reliability analysis was performed to improve the questionnaire. As shown in Table 1, a reliable composite measure of environmental obligation was possible to construct from the four questions. The coefficient Alpha for environmental obligation was .61. Pro-environmental Behaviour: To measure Pro-environmental Behaviour, 3 questions were also self-constructed. An exploratory principal component analysis, however, as well as reliability analysis was performed to improve the questionnaire. As shown in Table 1, a reliable composite measure of Proenvironmental Behaviour was possible to construct from the three questions. The coefficient Alpha for Pro-environmental Behaviour was .69. Procedure Data were collected between October 2011 and August 2012 and the participants were informed that all responses were confidential. Results Descriptive Statistics Means, Standard Deviation, and Reliability Coefficients of the Scale and Questionnaires used in the present study were described in Table 1. Table 1: Mean, SD, and Reliability Estimates of the Scales and Questionnaires Variables Mean SD α 1. Egoistic Value 5.70 .93 .80 2. Altruistic Value 5.64 .88 .70 3. BiosphericValue 5.55 .84 .71 4. Environmental Obligation 5.63 .77 .61 5. Pro-environmental Behaviour 5.22 .92 .69 N= 324 29 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 As shown in Table 1, the sample of this study gave the highest scores on Egoistic value, and each of the reliability coefficients was acceptable. Correlations Correlations among the variables of the scale and questionnaires used in this study were computed to mainly assess the relationships among human values, environmental obligation, and pro-environmental behavior. The results were shown in Table 2. Table 2: Correlations among the Variables Variables 1 2 3 4 1.Egoistic Value 1 2.Altruistic Value .652* 1 3.Biospheric Value .442* .568* 1 4.Environmental Obligation .167* .276* .375* 1 5.Pro-environmental Behaviour .216* .259* .374* .486* 1 5 Note: N=324; *p< .01 The results showed that the significantly relationships among three dimensions of human values, environmental obligation, and proenvironmental behavior. Specifically, Egoistic value was positive significantly related to personal obligation to environment (r=.167, p<.01) and proenvironmental behavior (r=.216, p<.01), although the amount of correlated degree were small. Altruistic value was also significantly associated with both environmental obligation (r=.276, p<.01) and pro-environmental behavior (r=.259, p<.01), respectively. Biospheric value was strongly significantly related to personal obligation to environment (r=.375, p<.01) and proenvironmental behavior (r=.374, p<.01). Moreover, it was found that there was a significantly relationship between personal obligation to environment and pro-environmental behavior (r=.486, p<.01). Regression Analyses In order to examine the effects of human values on environmental obligation and pro-environmental behavior, regression analyses were 30 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 separately conducted. The human values that emerged as significant predictors were described in table 3 with bold words. Biospheric value (β=.322, t=5.13, p<.01) was strongly positive predictor for the Environmental obligation as assumed. The other two Egoistic and Altruistic values, but, were not predicted to this environmental obligation. For the pro-environmental behavior, only Biospheric value (β=.335, t=5.33, p<.01) was positive predictor, but Altruistic (β=.069, t=1.09) was not predicted. Again, Biospheric value was appeared as a strongest positive predictor of pro-environmental behavior. It was also found that environmental obligation was as a strong predictor of pro-environmental behavior (β=.486, t=9.98, p<.01). Table 3: Regression Analyses Dependent Factors Predictors β t R2 Environmental Obligation Altruistic Value .093 1.49 .15 Biospheric Value .322 5.13* Altruistic Value .069 1.09 Biospheric Value .335 5.33* Environmental Obligation .486 9.98* Pro-environmental Behaviour .14 .24 Note: N= 324; *p < .01 Discussion The results of the present study strongly support the previous conceptual model among human values, personal obligation to environment, and pro-environmental behavior as proposed in Hypotheses. The correlations suggested reliable relationships among human values, personal obligation to environment, and pro-environmental behavior. As there was a significant relationship between three dimensions of human values and personal obligation to environment and pro-environmental behavior, the present finding in Myanmar supported to Hypothesis 1. Particularly, Biospheric value was more related to environmental obligation and proenvironmental behavior than the other two egoistic and altruistic values. It means that the people who emphasized biospheric value have high personal obligation to protect the environment from some threatening and there were Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 31 more engage in pro-environmental behavior. The results of the relationship between environmental obligation and pro-environmental behavior also showed that the individuals who had high personal obligation to keep the nature good were more participating in environmental conservation and protection activities. The result is consistent with previous findings from other cultures. The regression analyses highlighted human values that explain most of the variance in environmental obligation and pro-environmental behavior. With regard to hypothesis 2, the present finding partially supported it by showing biospheric values was positive predictor. Specifically, Biospheric value was only a positive strongest predictor for environmental obligation, although assumed that both Altruistic and Biospheric values as the predictors. It may be due to the fact that Myanmar samples seem to assume that Altruistic value orientation may be concerned with humanitarian but not for environment. Again, only Biospheric value was positive strong predictor for pro-environmental behavior as hypothesized. The present result of the Myanmar sample is consistent with the past findings that Biospheric value orientations seem more important when it comes to explaining beliefs regarding car use compared to altruistic value orientations. The more people were altruistically oriented, the more they intended to donate to humanitarian organizations, and the more people valued the biosphere and environment, the more they preferred to donate the environmental movements. The regression analyses also suggested that environmental obligation was as a strong predictor of pro-environmental behavior. The individuals who had high personal obligation to protect the environment were more participating in environmental conservation and protection activities. Some limitations, like any other studies, exist in this study. The first limitation is the use of small group of people from three diverse cultures as a sample. The results obtained from small group of sample cannot be generalized to the rest populations of Myanmar. The second limitation is that the uses of small questions for personal obligation to environment (4 items) and pro-environmental behavior (3 items ).The third and the last limitation is that as this study only used a self-reported method for collecting data about human values, personal obligation to environment and pro-environmental behavior, the results may be influenced by response bias. 32 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Conclusions The main purpose of the present study was to examine the effects of human values on environmental obligation and pro-environmental behavior in Myanmar. The findings well supported to the predictions and hypotheses proposed in this research. The correlations suggested reliable relationships among human values, personal obligation to environment, and proenvironmental behavior. The regression analyses also highlighted human values that explain most of the variance in environmental obligation and proenvironmental behavior. The present results, again, suggested that proenvironmental behaviour was based on biospheric value orientations rather than on self-directed values in Myanmar. The findings of the current research, therefore, will be applicable and beneficial for future environmental research. Acknowledgements I would like to thank Professor Ohbuchi Ken-ichi from Tohoku University of Japan and Professor Daw Khin Aye Win (Retired) from Yangon University for their kind support and encouragement. Then, I would also like to thank to Professor Dr. Aung Myat Kyaw Sein from Yangon University and Professor U Aye Kyaw from Dagon University for their help. Next, I am indebted to all participants involved in this study. Finally, I wish to express special thanks to my family for their kind support. References Bardi, A., and Schwartz, S. H. (2003) Values and behavior: Strength and structure of relations. Personality and Social Psychology Bulletin, 29, 1207-1220. Corraliza, J. A and Berenguer, J. (2000) Environmental values, beliefs, and action: A situational approach. Environment and Behaviour, 32, 832-848. De Groot, J. I. M., and Steg, L. (2007) Value orientations and environmental beliefs in five countries: Validity of an instrument to measure Egoistic, Altruistic and biospheric value orientations. Journal of Cross-Cultural Psychology, 38, 318-332. Dunlap, R. E.,Grieneek, J. K., and Rokeach, M (1983) Human values and pro-environmental behavior. In W.D. Conn(Ed.). Energy and material resources: Attitudes, values, and public policy. Boulder, CO:Westview. Garling, T., Fujii, S., Garling, A., & Jakobsson, C. (2003) Moderating effects of social value orientation on determinants of proenvironmental behavior intention. Journal of Environmental Psychology, 23, 1–9. Hines, J. M., Hungerford, H. R. & Tomera, A. N. (1987) Analysis and synthesis of research on responsible environmental behavior: A meta-analysis. Journal of Environmental Education, 18, 1-18. Khin Maung Nyunt, Dr. (2003) Environment and traditions in Myanmar culture. An Anthology of Conference Papers, Department of History, Yangon University, Yangon. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 33 Kyi Kyi Hla. (2010) The ethics of environmental conservation. Yangon: The Universities Press. Maloney, M. P., & Ward, M. P. (1973) Ecology: let’s hear it from the people- an objective scale for measurement of ecological attitudes and knowledge. American Psychologist, 28, 583–586. Naess, A. (1989) Ecology, community, and life style: An outline of an ecosophy. Cambridge: Cambridge University Press. Nordlund, A. M., and Garvill, J. (2002) Value structures behind proenvironmental behavior. Environment and Behaviour, 34, 740-756. Nordlund, A. M., and Garvill, J. (2003) Effects of values, problem awareness, and personal norm on willingness to reduce personal car use. Journal of Environmental Psychology, 23, 339-347. Rohan, M. J. (2000) A rose by any name? The values construct. Personality and Social Psychological Review, 4, 255-277. Rokeach, M. (1973) The nature of human values. New York: Free Press. Schwartz, S. H (1992) Universals in the content and structure of values. Theoretical advances and empirical tests in 20 countries. In M. Zanna (Ed.), Advances in experimental social psychology. Orlando, FL: Academic Press. Schwartz,S. H. (1994) Are there universal aspects in the structure and contents of human values? Journal of Social Issues, 50, 19-45. Schwartz, S. H., Melech, G., Lehman, A., Burgess, S., Harris, M., and Owens, V. (2001) Extending the cross-cultural validity of the theory of the basic human values with a different method of measurement. Journal of Cross-Cultural Psychology, 32, 519-542. Stern, P. C. (2000) Toward a coherent theory of environmentally significant behavior. Journal of Social Issues, 56, 407–424. Stern, P. C., Dietz, T. (1994) The value basis of environmental concern. Journal of Social Issues,50, 65-84. Stern, P. C., Dietz, T., Abel, T., Guagnano, G. A., & Kalof, L. (1999) A value–belief–norm theory of support for social movements: The case of environmental concern. Human Ecology Review, 6, 81–97. Thin Thin Latt (2006) Myanmar’s efforts for preservation of environment. Ph.D Thesis, Department of International Relation, Yangon University, Myanmar (Unpublished). Tin Aung Moe. (2006) Environmental issues and environmental conservation in Myanmar. Unpublished Manuscript, Division of Human Science, Tohoku University, Japan. Van Liere, K. D., & Dunlap, R. E. (1978) Moral norms and environmental behavior: An application of Schwartz’ norm-activation model to yard burning. Journal of Applied Social Psychology, 8, 174-188. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Learning Styles of University Students in Arts and Science Lu Htoi Abstract This study explored the learning styles of university students in arts and science. The Visual, Auditory, Kinesthetic, Tactile Learning Style Questionnaire (VAKT-LSQ) was used to measure learning styles of university students in arts and science. It consists of 24 statements and asks participants to respond to each statement concerning his or her learning style preferences with five alternative responses. The participants for this study were 510 university students in arts, and 400 university students in science at the Universities of Arts and Science in Yangon. The paired sample t-test was employed to determine whether there are differences in learning style preferences of university students in arts and science. The research found that “Tactile”, “Kinesthetic” and “Auditory” were the most preferred learning styles of the university students in arts; and “Tactile” and “Auditory” were the dominant learning styles of the university students in science. The analysis of learning styles indicates that while there were no differences in the preferences of “Visual”, “Auditory” and “Tactile” learning styles between the university students in arts and science; there was a significant difference in the preference of “Kinesthetic” learning style between the university students in arts and science and that “Kinesthetic” style was more preferred by the arts students than the science students. Key Words: Auditory, Kinesthetic, Tactile, And Visual. Introduction The purpose of this study is to identify whether there are differences in the learning styles of university students in arts and science. The 'matching hypothesis' suggests that teachers should assess the learning styles of their students and adapt their teaching methods to best fit each student's learning style. By understanding the preferences of their students’ learning styles, teachers can know what their students’ strengths and weaknesses are, and then they will be able to do more of what students can improve their learning. Learning styles are the methods or ways how people learn best. Learning styles do not reflect a person's abilities or intelligence, but they will explain the facts that why some tasks are easy to learn than others. When people learn, they use their senses to process information in the environment such as the senses of sight, hearing, kinesthetic, touch. Although all these senses are involved in human learning, most people tend to use one of their senses, and some people use two or more senses to process information. The four learning styles-Visual (learning from seeing), Auditory (learning from listening), Lecturer, Dr, Department of Psychology, Dagon University 36 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Kinesthetic (learning from moving) and Tactile (learning from touching) were employed in this study. One or two of these learning styles is normally dominant. This dominant style defines the best way for a student to learn new information. This study aims to provide information about the learning styles preferred by university students in arts and science. The results of this study will provide knowledge about learning styles to university students and teachers about how to create the most effective learning environment, and will also help them to assess their learning styles. If the university students know their learning styles, they will better understand their learning styles and their strengths, weaknesses and needs. If the teachers know their students' learning styles, they will be able to adopt teaching methods that fit into the learning styles of their students. If teachers can choose the effective methods closely matched with their students’ preferred learning styles, they will be able to teach their students more effectively. Therefore, the university students will be able to learn best if they had been taught by the appropriate teaching methods. The educators and educational administrators will also gain useful information regarding the learning styles of university students in arts and science. By understanding knowledge about their learning styles, educators will be able to present the ways that will accommodate those various learning styles, and the educational administrators will be able to redesign better teaching and learning environments. Learning as Information Processing The assumption of information processing theory is that in order for information to be remembered, it must move through several stages and that these stages proceed sequentially.When information from the environment first comes on a sense organ, it is held in the sensory memory or sensory register about half a second to as many as four seconds. This memory is called iconic memory for visual items, and echoic memory for auditory items. Other sensory memories may also exist, such as kinestheitc and tactile. Since the sensory register is based on the activation of the sense organs and sensory neurons leading to the brain, it may not be a true memory process. Thus, the individual must pay attention to the incoming stimulation for encoding and moving along the information from the sensory register into storage. If the incoming information is not attended to immediately, it will be lost. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 37 The information processing model consists of input of encoded information, storage and processing, and finally output, or retrieval. Storage refers to internal memory, or the persistence of information over time. Retrieval is the output end of the memory process. It refers to the utilization of the stored information. To be retrieved, stored information must be not only available but also accessible to the individual. Although stored information may theoretically available, it may not always be easily located and utilized (Murdock, 1974). The information encoded in sensory is stored in Short-term memory (STM). STM can encode only about seven separate items (Miller, 1956) and can hold them from about a few seconds to a minute (Broadbent, 1984). Even though STM is restricted to about seven items, several items can be grouped together and processed as a single element. The information from STM can be passed along into long-term memory (LTM). However, not all information from STM enters LTM. Thus, the items from STM must be rehearsed. There are two types of rehearsal: maintenance and elaborative. Maintenance rehearsal is the rote repetition of the information in STM. Elaborative rehearsal occurs when the information is expanded on, and related to other items or concepts already in LTM. Elaborative rehearsal plays the more important role in the transfer of information from STM to LTM and leads to greater dept of processing (Ashcraft, 1990). Although LTM can take the encoded information about twenty minutes, it can hold them for a lifetime by using elaborative rehearsal. The two types of rehearsal are maintenance and elaborative. Maintenance rehearsal is the rote repetition of the information in STM. Elaborative rehearsal is not based on mere repetition but occurs when the information is expanded on, and related to other items or concepts already in LTM. Most theorists now believe that elaborative rehearsal plays the more important role in the transfer of information from STM to LTM and leads to greater depth of processing (Ashcraft, 1990). Learning Styles Learning styles have really gained so much attention in recent years across different age groups and learning environments. “The area of learning styles is complex and many questions are still open, including a clear definition of learning styles, a comprehensive model which describes the most important learning style preferences, and the question about the stability of 38 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 learning styles” (Kinshuk, Liu & Graf, (2009). As stated by Felder and Silverman (1988), grouping students according to a number of scales pertaining to the ways they receive and process information is defined as a learning style model. Similarly, according to Jonassen and Grabowski (1993), learning styles are tendencies for the preference to process information in certain ways. In another definition, a learning style can be described as the composite of cognitive, affective, and psychological characteristics that serve as an indicator of how an individual interacts with and respond to the learning environment (Keefe, 1979; Duff, 2000). In other words, learning styles can be described as the means of perceiving, processing, storing, and recalling attempts in the learning process (James & Gardner, 1995). Each individual perceives and processes information in very different ways. These different ways or methods of learning are called the learning styles. The sensory channels that individuals utilize to process information to memory are called learning modalities. Flaherty (1992) describes four major kinds of learning modalities: visual, auditory, kinesthetic and tactile. Visual students can learn best by seeing the material. Auditory learners need to read out loud to comprehend the material. Kinesthetic learners are action students and learn by doing. Tactile students are sensitive learners and they are a strongly influenced by physical changes to their learning environment. According to Fleming, visual learners have a preference for seeing (think in pictures; visual aids such as overhead slides, diagrams, handouts, etc.). Auditory learners can best learn through listening (lectures, discussions, tapes, etc.). Kinesthetic learners prefer to learn from experience or moving (active exploration of the world). Tactile learners prefer to learn by touching with hands on activities (doing assignments, projects, experiments). Battalio (2009) conducted a study to determine the association of students’ learning styles with success in online learning environments, and the results have shown significant associations between students’ learning styles and success in distance education and offer insight into the relationship between learning style and mode of delivery”. Graf, Kinshuk and Liu (2009) proposed an automatic approach for identifying students’ learning styles in the Learning Management System, and concluded that the information about students’ learning styles can be used for; (a) providing teachers with more information about their students, showing them that their students have different preferences and ways in which they learn, (b) helping teachers in understanding why and when students may have difficulties in learning, and (c) making students themselves aware of their own learning styles, helping Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 39 them to better understand their strengths and weaknesses in the learning process. Franzoni and Assar (2009) developed an integrated taxonomy combining learning styles, different teaching strategies and the corresponding appropriate electronic media, and they concluded that, “The presented taxonomy is a useful tool to get a better knowledge of the wide variety of resources available to use in class”. Coole and Watts (2009) investigated elearning styles in online classrooms; they proposed that their study highlighted the need for multiple pathways in web-based provision for trainees on such courses to meet individual, preferred, learning styles, and they also concluded that, “While the context of this study focuses on the VLE, given the rapid developments in ICT people are now gaining knowledge informally using other forms of technology”. In the e-learning environment, students with social, aural, verbal, and solitary learning styles have high academic achievement respectively. Students with logical and physical styles have the least academic achievement (Kia et al., 2009). Ramayah et al. (2009) highlighted that female students were found to demonstrate slightly higher preference for the Visual and Aural learning styles when compared to male students. Lindsay (1999) found that the harmony between learning style and teaching style increased academic achievement and satisfaction with learning. Since learning styles provide information about individual differences in learning preferences, they are able to indicate how instruction can be best designed to support learning preferences and increase academic achievement (Akdemir & Koszalka, 2008). Whisler (2005) recommends that students considering online courses should assess their self-efficacy, interaction behaviors and time management skills to see to what extent online programs are suitable for them. As observed in the literature, knowing about selfcapabilities may lead an individual to perform better on their tasks. Learning Style Inventory The Visual, Auditory and Kinesthetic/Tactile learning style inventory uses the multisensory resources: Visual (seeing), Auditory (listening), Kinesthetic (moving), and Tactile (touching) to determine the dominant learning style. Visual learners have two sub-channels - l i n g u i s t i c and s p a t i a l . T h e v i s u a l - l i n g u i s t i c learners like to learn through written language such as reading and writing tasks. They remember what has been written down, even if they do not read it more than once. They like to write down directions and pay better attention to lectures if they watch them. Learners who are v i s u a l - s p a t i a l usually have difficulty with the written language and do better with charts, demonstrations, videos, and other visual 40 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 materials. They easily visualize faces and places by using their imagination and seldom get lost in new surroundings. Auditory learners often talk to themselves. They also may move their lips and read out loud. They may have difficulty with reading and writing tasks. They often do better talking to a colleague or a tape recorder and hearing what was said. Kinesthetic learners do best while touching and moving. It also has two sub-channels: kinesthetic (movement) and tactile (touch). They tend to lose concentration if there is little or no external stimulation or movement. When listening to lectures they may want to take notes for the sake of moving their hands. When reading, they like to scan the material first, and then focus on the details (get the big picture first). They typically use color highlighters and take notes by drawing pictures and diagrams. Material and Methods Objectives: To explore learning styles preferred by university students in arts and science, and to identify whether there are differences in the learning styles of university students in arts and science. Hypothesis: There are differences in the learning styles between university students in arts and science. Participants: The nine hundred and ten university students participated in this study. They are 510 arts students, and 400 science students from the Universities of Arts and Science in Yangon. All the students were undergraduates and were chosen from psychology, geography, anthropology, archaeology and law specialization courses in arts; physics, zoology, botany and mathematics courses in science that were taught in the 20102011 academic year. These students were attending the same semester. The age range is from 16 to 20 years. Instrument: The research design for this study was descriptive and comparative. The learning styles preferences of university students were investigated by using Visual, Auditory, Kinesthetic, Tactile Learning Styles Questionnaire (VAKTLSQ). The Chronbach’s alpha coefficient for the VAKT-LSQ was 0.655. Each of the participants was asked to read the statements carefully and to rate his or her preferences on the five point scales for each of the 24 statements ranging from Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 41 most often to seldom and then write respectively 4, 3, 2, 1, and 0 for each statement. This self-report questionnaire helps students identify the way they learn best and prefer to learn. The 24 statements cover four learning styles, with six statements for each style. Procedures: The first step of the data collection procedure for this study involved the preparation of a questionnaire. Firstly, 30 items from the VAK/T Learning Style Inventory were taken and then modified to Myanmar Version. Next, these items were given to 150 students and asked to rate each of the items. Based on the findings of the item analysis, 6 items were removed and the 24 items were prepared in the form of a questionnaire. Then that questionnaire was named the Visual, Auditory, Kinesthetic, Tactile Learning Style Questionnaire (VAKT-LSQ). The second step of data collection procedure was the administration of the survey questionnaires to participants. The questionnaires were distributed to 910 undergraduate students from the Universities of Arts and Science in Yangon. They were asked to respond to each of the 24 items of (VAKT-LSQ) on a 5point scale. The completed questionnaires were returned with age and sex information and then scores for the questionnaire were collected. Time duration responding to the questionnaires was about 2 months: from January to February 2011. After that, all data were fed into the computer and calculations were made through the utilization of the Statistical Package for Social Sciences (SPSS). Data analysis: The data were analyzed using descriptive statistics and a comparison of differences in learning styles between university students was made with the paired sample t- test. Data are reported as mean and standard deviation of students in each category of learning style preference. Results and Discussion According to the objective of the study, the learning styles preferences of university students in arts and science are presented by the descriptive analysis. 42 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table (1) Learning Style Learning Styles of Arts Students Visual Auditory Kinesthetic Tactile Mean SD Mean SD Mean SD Mean SD Specializations Psychology (N=100) 13.59 3.60 14.81 3.80 14.81 4.01 15.53 4.10 Geography (N=120) 15.82 4.10 15.75 3.38 15.06 3.94 15.48 4.32 Anthropology (N=70) 13.87 4.44 14.85 3.89 15.96 3.68 15.90 4.19 14.09 3.79 15.06 3.82 16.09 3.67 16.09 3.94 13.89 3.76 14.26 3.59 15.73 4.02 14.47 4.19 Archaeology (N=100) Law (N=120) Note: Mean score 14.50 and above = Most Preferred Learning Style Mean score 12.50 to 14.49 = More Preferred Learning Style Mean score 12.49 or less = Least Preferred Learning Style Table 1 shows the mean scores of each learning style preferred by the university students in arts and indicates that the geography specialization students were most highly to prefer all four styles; “Tactile”, “Auditory” and “Kinesthetic” were the most preferred learning styles for psychology, anthropology and archaeology specialization students, and they were more likely to prefer “Visual” learning style; and “Kinesthetic” was the most preferred learning style for law specialization students, and they were more likely to prefer “Tactile”, “Auditory”, and “Visual” learning styles. 43 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table (2) Learning Styles Learning Styles of Science Students Visual Auditory Kinesthetic Tactile Mean SD Mean SD Mean SD Mean SD 14.65 3.91 15.65 4.05 13.94 4.06 13.44 3.38 13.70 3.53 14.55 4.10 13.60 4.43 15.63 3.28 14.63 4.28 14.52 3.59 13.31 4.46 16.73 5.14 12.82 4.29 13.58 4.25 14.13 4.10 16.00 5.90 Specializations Physics (N=120) Zoology (N=110) Botany (N=60) Mathematics (N=50) Note: Mean score 14.50 and above = Most Preferred Style Mean score 12.50 to 14.49 = More Preferred Style Mean score 12.49 or less = Least Preferred Style Table 2 shows the mean and standard deviation scores of each learning style preferred by the university students in science and indicates that “Auditory” and “Visual” were the most preferred learning styles for physics specialization students, and they were more likely to prefer “Kinesthetic” and “Tactile” learning styles; “Tactile” and “Auditory” were the most preferred learning styles for zoology specialization students, and they were more likely to prefer “Visual” and “Kinesthetic” learning styles; “Tactile”, “Visual” and “Auditory” were the most preferred learning styles for botany specialization students, and they were more likely to prefer “Kinesthetic” learning style; and “Tactile” was the most preferred learning style for mathematics specialization students, and they were more likely to prefer “Kinesthetic’, “Auditory” and “Visual” learning styles. 44 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table (3) Learning Styles Comparison between Learning Styles of University Students in Arts and Science Arts (N=510) Science (N=400) t Sig: Level Mean SD Mean SD Visual 14.32 4.01 14.10 3.97 1.43 NS Auditory 14.94 3.69 14.81 4.05 1.42 NS Kinesthetic 15.51 3.90 13.78 4.19 3.47 0.001 Tactile 15.47 4.17 16.03 4.16 0.85 NS Note: Mean score 14.50 and above = Most Preferred Style Mean score 12.50 to 14.49 = More Preferred Style Mean score 12.49 or less = Least Preferred Style The table (3) compares the learning styles between the university students in arts and science, and shows that the arts students were most highly to prefer “Kinesthetic”, “Tactile” and “Auditory”, and they were more likely to prefer “Visual” learning style; and the science students were most highly to prefer “Tactile” and “Auditory”, and they were more likely to prefer “Kinesthetic” and “Visual” learning styles. The t- test indicates that there was a significant difference in the preference of “Kinesthetic” style between university students in arts and science. In the "Kinesthetic" style the mean score obtained by arts students was 15.51 and science students was 13.78, t-value was 3.47 which is significant at 0.001 levels. The arts students were more likely to prefer kinesthetic style than did the science students. They like exploration around the world and going out on a field trip while they are learning. Thus, the students who prefer kinesthetic style should be taught by using problemsolving activities, using role play, encouraging active participation in the class and having field trips. There were no differences in the “Tactile” style between the university students in arts and science. These university students frequently use tactile style, and thus they will learn best through touching with hands-on activities. If they have an opportunity to do something by themselves, they will be able to learn effectively. Thus, the students who prefer tactile style should be Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 45 taught by doing experiments, assigning projects, writing down notes and making charts, maps and models. There were no differences in the preferences of “Auditory” style between the university students in arts and science. These students can learn through listening and they learn well with lecture, discussions and tapes etc. Thus, the students who prefer auditory style should be taught by repeating difficult words and concepts aloud, using class or group discussions, lectures, debates, listening to books on tape and CD, and giving oral explanations and instructions. There were no differences in the preferences of “Visual” style between the university students in arts and science. These students can learn through watching or seeing the material. When they are studying their lessons, these students tend to use different color pens as they are reading and taking notes. Thus, the students who prefer visual style should be taught by using handouts, encouraging note taking and reading, writing key information on the board, using pictures, overhead transparencies and videos. Conclusion The four learning styles: visual, auditory, kinesthetic and tactile were analyzed by specialization subjects of the participants. According to the table 1, all four styles were the most preferred learning styles for the geography specialization students; “Tactile”, “Auditory” and “Kinesthetic” were the most preferred learning styles for psychology, anthropology and archaeology specialization students; and “Kinesthetic” was the most preferred learning style for law specialization students. According to the table 2, “Auditory” and “Visual” were the most preferred learning styles for physics specialization students; “Tactile” and “Auditory” were the most preferred learning styles for zoology specialization students; “Tactile”, “Visual” and “Auditory” were the most preferred learning styles for botany specialization students; and “Tactile” was the most preferred learning style for mathematics specialization students. According to the table 3, as the arts students were most likely to prefer “Kinesthetic”, “Tactile” and “Auditory” learning styles, they will learn best through moving, touching, and listening. The science students were most likely to prefer “Tactile” and “Auditory” learning styles, and thus they will learn best through touching and listening. 46 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 The analysis of the learning styles indicated that while there were no differences in the preferences of “Visual”, “Auditory” and “Tactile” learning styles between the university students in arts and science, there was a significant difference in the preference of “Kinesthetic” style between them. The arts students were more likely to prefer “Kinesthetic” style than did the science students. The university students’ learning styles did not depend on their specializations. Thus, the hypothesis of this research was rejected: There are differences in the learning styles between university students in arts and science. To become effective learners, these university students need to use all their senses or all learning styles. If these students have more opportunities to learn through all their senses - visual, auditory, kinesthetic and tactile, they will be able to effectively learn their lessons and will improve their academic performances. Therefore, all university students should be provided the opportunities to become involved in all learning styles, and should be taught with a variety of teaching methods and teaching aids to become more effective learners. Acknowledgements I would like to give my special thanks to Dr. Hla Htay, Rector of Dagon University, and Pro-Rectors of Dagon University for giving me permission to present this paper. I would like to express my gratitude to U Aye Kyaw, Professor / Head, Department of Psychology, Dagon University for his encouragement. I thank editors of Myanmar Academy of Arts and Science who gave me permission to publish this paper. I wish to express my thanks to all Professors who helped me in collecting the data for this research. References Akdemir, O., & Koszalka, T. A. (2008) Investigating the relationships among instructional strategies and learning styles in online environments. Computers and Education, 2008. Battalio, J. (2004)Success in Distance Education: Do Learning Styles and Multiple Formats Matter? American Journal of Distance Education, 2009. Cooze, M. & Barbour , M. Learning Styles: (2007)A Focus upon E-Learning Practices and their Implications for Successful Instructional Design. Journal of Applied Educational Technology, 2007. Felder, R. M., & Silverman, L. K.(2008)Learning and teaching styles in engineering education. Engineering Education,1988. Graf, S., Kinshuk, & Liu, T.-C. (2007)Supporting Teachers in Identifying Students' Learning Styles in Learning Management Systems: An Automatic Student Modelling Approach. Educational Technology & Society, 2009. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Jonassen, D. H. & Grabowski, B. L. (Eds)(1993) Handbook of individual differences. Hillsdale, NJ: Erlbaum; 1993. Keefe, J. W. Learning style: (1979)An overview. In National association of secondary school principals (Ed.), Student learning styles: Diagnosing and prescribing programs, 1979 Kinshuk, Liu, T. & Graf, S.(2009) Coping with mismatched courses: students’ behaviour and performance in courses mismatched to their learning styles. Education Technology Research and Development, 2009. Kolb, D. A. (1984). Experiential learning: Experience as the source of learning and development. New Jersey: Prentice-Hall. Lindsay, E.K.(1994) An analysis of matches of teaching style and the uses of education technology. The American Journal of Distance Education, 1999. Norman A. Sprinthall & Richard C. Sprinthall & Sharon N. Oja. Educational Psychology. A Development Approach: (sixth edition): McGrawHill, Inc. R.Bernard Lovell. Adult Learning. New Patterns of Learning Series: Edited by P.J. Hills, University of Leicester, London. Ramayah M., Sivanandan,P., Nasrijal N.H., Letchumanan,T., Leong, L.C. Preferred learning style: Gender influence on preferred learning style among business students. Journal of US-China Public Administration,2009. 47 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 An Investigation into the Effectiveness of Using Diagrammatic Representations in Teaching the Classification of World* Climate U Johnny than Abstract The primary purpose of this study is to investigate the effectiveness of using diagrammatic representations in teaching the classification of the world climate. The procedures needed to solve the climatic problems for the students are identified sequentially. And, how to solve each of the climate regions is described in detail. The samples of this study consisted of (30) students for the control group and (30) students for the experimental group who are studying in the Fourth year at Yangon Institute of Education. Random sampling and experimental design were used in this study. As a research instrument, a set of diagrammatic representations and question items were developed. The independent samples t test was used to ascertain the significant difference between the control and experimental groups in the achievement of classifying world climate. This study lasted six periods of teaching. After teaching how to classify and manipulate the kind of definite climate region with the use of diagram, a problem of world climates was tested to observe whether the students could solve or not. The result of t test (t = 9.846, df = 58, MD = 1.6, p < 0.05) showed that using diagrammatic representations in teaching the classification of world climate is more effective than without using diagrammatic representations in teaching the classification of world climate. The result also showed the advantages that could enhance the students' learning in a short time and conceptualize the knowledge of world climate. With this method, the secondary geography teachers and students will be able to classify the different kinds of world climates in detail. It is hoped that this paper will help the geography teachers how to manipulate and classify the world climate systematically and effectively. Key words: climate region; diagrammatic representations; world climate, conceptualize,classify. Introduction Climate is the characteristic condition of the atmosphere near the earth's surface at a certain place on earth. It is the long–term weather of the area (at least 30 years). Two of the most important factors determining an area's climate are air temperature and precipitation. In the early 20th century Weladimir Koppen developed a system of climatic classification of world climates including symbols. When classifying Assistant Lecturer, Department of Methodology, Yangon Institute of Education * Best Paper Award Winning Paper in Education,(2012) 50 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 the different kinds of world climates, total annual precipitation statistics and average temperature are used. In accord with the method, different kinds of climate regions around the world are classified, which are (1) A (Humid Tropical Climates), (2) B (Arid Climates), (3) C (Meso thermal, mild winter climates), (4) D (Micro thermal, severe winter climates) and (5) E (polar climates). In the secondary education level, the classification of the world climate based on the method of Weladimir Koppen is prescribed for practical lessons. Therefore, all students in the secondary school level should understand the fundamentals of world climatic concepts so as to study the new concepts in higher education level. Thus, this paper is intended to supplement geography teachers and learners in the secondary school level to be skillful in classifying the definite climate region correctly and effectively. Objectives: The objectives of this study are as follows: - to be able to understand a system of climatic classification of world climate, - to realize the symbols represented for the types of climates, - to be able to solve the problems of world climate systematically and correctly, and - to help geography teachers and students classify the definite climatic station using the diagrammatic representations. Statement of Hypothesis It was hypothesized that teaching the classification of world climate using diagrammatic representations was effective. The following hypothesis was stated; There is no significant difference in teaching the classification of world climate between using diagrammatic representations and without using diagrammatic representations. Review of Related Literature A part of the professional responsibility of the geography teacher at any level of the educational system is to bring new dimensions to understanding through the effective use of audiovisual materials. One of the Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 51 important purposes of teaching method courses is to ensure that the future teachers can teach their subjects effectively. An efficient class is one in which every student is doing every bit of the work all the time. It goes without saying that adequate auditory and or visual teaching aids should be made avail to accomplish effective teaching in geography. The teacher should bear in mind the age-old dictum: that a picture is worth a thousand words; or if only we could see what we think about, we should think very differently about it. Modern geography teaching is concept centered, and the complex nature of the discipline calls for more sophisticated teaching and method, hence the great emphasis on the visual impact. Teaching aids are valuable instructional tools that can help make learning more effective and interesting. They facilitate learning through the stimulation of the senses. To be effective, aids should be used to achieve a definite purpose and they should be well constructed to gain the learner's attention and sustain interest. It is often better to introduce an outline on to which the teacher adds information during the class. The students understand diagrams better as a result of observing the way it is built up (Ely, 2000). Learning is so complex in nature that even an experienced educator cannot ascertain the extent to which one or more of the senses are involved. It may be true that in most learning, sense of vision plays a somewhat larger part than the other senses perceptions, but real learning emanates from interrelationship and co-ordination among the senses. Audio-Visual Aids consist of a large variety of materials. For practical purposes these can be grouped as follows: 1. Non-Projected Aids. These consist of black-board, bulletin board, charts, maps and globes, graphs, diagrams, pictures and models, gramophone records, tape-recording, radio broadcasts, school museums, journeys and excursions, dramatizations, story telling, exhibits, cartoons, puppetry and mock-up, comic strips and text-books. 2. Projected Aids. These consist of motion pictures, films, film-strips, stereoscope and slide. According to them visual education is defined as "all education based on the use of materials, other than books, that appeal directly to the senses of sight". Black-board, charts diagrams, maps, models are the cheapest forms of Visual aids. They cost very little. These do not require costly projectors or equipment and can be prepared with the joint efforts of the teacher and the taught. Graph, diagrams, sketches are types of charts and have instantaneous 52 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 appeal. These must be simple, containing essential features and the size must be suitable for the class. Methodology Subject The students for this study were selected from the total population of (78) geography students who are studying in the Fourth year at Yangon Institute of Education. The sample was selected and assigned to two groups of 30 each for the control and experimental groups. Administration of a pretest was made with three times of tutorial marks for checking initial group equivalence. Instrument As an instrument, a set of diagrammatic representations and question items were developed based on the Grade- 10 prescribed text book at the secondary education level. A set of diagrammatic representations including (7) steps and question items were constructed. Research design An experimental research design was used. Using a set of diagrammatic representations, the geography students in the experimental group were taught. The independent samples t test was used to ascertain the difference between teaching the classification of world climate using diagrammatic representations and teaching the classification of world climate without diagrammatic representations. Procedure This study was conducted by using the control and experimental groups. The experimental group was given a treatment of teaching the classification of world climate using diagrammatic representations while students in the control group were taught without diagrammatic representations. The daily teaching period of fifty minutes for six days was given to each group. The research aims to show the significant difference between the experimental treatment group and control group. On the first day of teaching period for the treatment group, the researcher gave students expository presentation, step by step, and then based on the procedure including seven steps, how to classify the definite climate region were explained using diagrammatic representations. For the control group they were also explained it without diagrammatic representations. After teaching Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 53 all five types of climate regions, the researcher tested them with a question item for each group and then their answers were scored and compared. A set of diagrammatic representations including seven steps of procedures are as follows; 1. Climatic region (or) Zone 2. Hemisphere in which the station is located 3. Temperature conditions 4. Precipitation conditions 5. Determination of type of climate 6. Distance from the sea 7. Estimation of the probable climatic station 1. Climatic region (or) Zone If the warmest temperature of the station is 50°F and above, the station is defined A (or) B (or) C (or) D type of climate but if it is less than 50°F, it is E type of climate. If the type of climate is A (or) B (or) C (or) D, the coldest temperature is firstly compared with 64.4°F. If the coldest temperature is 64.4°F and above, it is A (or) B type of climate, if the coldest temperature is between 64.4° and 26.6°F, it is C (or)B type of climate and if the coldest temperature is less than 26.6°F, it is D (or )B type of climate. 54 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 2. Hemisphere in which the station is located The second step is that the temperature for July is to be compared with the temperature for January. If July temperature is more than January temperature, it is located in the Northern Hemisphere and if it is less than January temperature, it is located in the Southern Hemisphere. But if the temperature of July and January are the same, the sum of the inner six months and the sum of the six months at both ends of the year are to be compared. If the total temperatures of the inner six months are greater than the total temperatures of six months at both ends of the year, it is located in the Northern Hemisphere but if the total temperatures of the inner six months are less than the total temperatures of six months at both ends of the year, it is located in the Southern Hemisphere. 3. Temperature conditions In the third step, Average annual temperature is to be described and then the range of temperature between the temperature of the coldest month and the temperature of the warmest month are to be calculated. All the temperatures of twelve months have to be added and this sum is divided by twelve to get the average annual temperature. The range of temperature is the difference between the maximum (hottest) and the minimum (coldest) temperature. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 55 4. Precipitation conditions In the fourth step, annual rainfall is to be described and then the year round rain, summer rain, and winter rain are to be classified correctly. If the station is A (or) B type of climate monthly rainfall in this station is to be compared with 2.4 inches. If monthly rainfall is the same or above 2.4 inches, it is year round rain. If monthly rainfall is less than 2.4 inches, whether it is summer rain or it is winter rain is to be classified by subtracting the total precipitations of the inner six months of the year and the total precipitations of the six months at both ends of the year. If the total precipitations of the inner six months of the year are greater than the total precipitations of the six months at both ends of the year, it is summer rain and if the total precipitations of the inner six months of the year are less than the total precipitations of the six months at both ends of the year, it is winter rain. If the station is C (or) B and D (or) B type of climate monthly rainfall in this station is to be compared with 1.2 inches. If monthly rainfall is same or above 1.2 inches, it is year round rain. If monthly rainfall is less than 1.2 inches, whether it is summer rain or it is the winter rain is to be classified by subtracting the total precipitation of the inner six months of the year and the total precipitation of the six months at both ends of the year. If the total 56 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 precipitations of the inner six months of the year are greater than the total precipitations of the six months at both ends of the year, it is summer rain and if the total precipitations of the inner six months of the year are less than the total precipitations of the six months at both ends of the year, it is winter rain. But when the station is located in Southern Hemisphere, it is winter rain though the precipitations of the inner six months of the year are greater than the total precipitations of the six months at both ends of the year, and it is summer rain though the precipitations of the inner six months of the year are less than the total precipitations of the six months at both ends of the year. 5. Determination of type of climate The fifth step is the crucial part of classifying the climate in detail. - If the station is A (or) B type of climate, it could be estimated whether it is A (or) B of climate with the use of total annual precipitations. If the total annual rainfall is above 40 inches, it may not be B region. If total annual rainfall is 40 inches and below, it could be classified with the used of formulas which are as follows; If it is year round rain, Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 57 If it is summer rain, If it is winter rain, If annual rainfall is greater than the result from calculation, it is A (Humid Tropical Climate) but it is less than the result from calculation, B (Arid Climate). If it is A type of climate, it could be classified with the use of diagrams in detail. If monthly rainfall is same or greater than 2.4 inches, it is called Af (tropical rain forest). If monthly rainfall in the region is less than 2.4 inches, whether it is Am (or) Aw is classified with the use of formula. If the lowest precipitation month is greater than the result from calculation, it is defined Am (tropical monsoon). If the lowest precipitation month is less than the result from calculation, it is defined Aw (tropical savanna). 58 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 If it is B type of climate, it could be also classified with the use of diagram as follows; If the total annual rainfall is greater than the result from calculation, it is BS (Steppe Climate). If the average temperature of the station is greater than 64.4°F, it is BSh (low latitude Tropical Steppe). If the average temperature of the station is less than 64.4°F, it is BSk (Mid latitude Humid Steppe). If the total annual rainfall is less than the result from calculation, it is BW (Desert Climate). If the average temperature of the region is greater than 64.4°F, it is BWh (low latitude Tropical Desert). If the average temperature of the region is less than 64.4°F, it is BWk (Mid latitude Humid Steppe). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 59 - If the station is C (or) B type of climate, it could be estimated whether it is C (or) B type of climate with the use of total annual rainfall. If the total annual rainfall is above 40 inches, it may not be B type of climate. If total annual rainfall 40 inches and below, it could be classified with the use of formulas which are as follows; If it is year round rain, If it is summer rain, If it is winter rain, If total annual rainfall is greater than the result from calculation, it is C type of climate but if it is less than the result from calculation, it is B type of climate. If it is C (Humid Mesothermal Climate), it could be classified with the use of diagrams in detail. 60 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 If monthly rainfall is same or greater than 1.2 inches and gets year round rain, it is defined Cf type of climate. And then if the warmest month in the station is greater than 71.6°F, it is Cfa (Humid Subtropical Climate), but if it is less than 71.6°F including four months above 50°F, it is Cfb (Marine West Coast Climate) and if it is less than 71.6°F including three months above 50°F, it is Cfc (Marine West Coast Climate). If monthly rainfall in the station is less than 1.2 inches, and gets summer rain, it is defined Cw type of climate. And then if the warmest month in the station is greater than 71.6°F, it is Cwa (Humid Subtropical Climate), but if it is less than 71.6°F including four months above 50°F, it is defined Cwb type of climate and if it is less than 71.6°F including three months above 50°F, it is defined Cwc type of climate. If monthly rainfall in the station is less than 1.2 inches, and gets winter rain, it is defined Cs type of climate. And then if the warmest month in the station is greater than 71.6°F, it is Csa (Mediterranean Climate), but if it is less than 71.6°F including four months above 50°F, it is Csb (Mediterranean Climate). If it is B type of climate, the classifications of B type of climate in detail have been explained in above. - If the station is D (or) B type of climate, it could be estimated whether it is C (or) B type of climate with the use of total annual rainfall. If the total annual rainfall is above 40 inches, it may not be B type of climate. If total annual Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 61 rainfall is 40 inches and below, it could be classified with the use of formulas which are as follows; If it is year round rain, If it is summer rain, If it is winter rain, If total annual rainfall is greater than the result from calculation, it is defined D (Humid Microthermal Climate) but if it is less than the result from calculation, it is B type of climate. If it is D (Humid Microthermal Climate), it could be classified with the used of diagrams in detail. If the lowest precipitation of the month in the station is same or greater than 1.2 inches and it gets the rain in all year, it is defined Df type of climate. And then if the warmest month in the station is greater than 71.6°F, it is Dfa (Humid Continental, Hot Summer Climate), but if it is less than 71.6°F 62 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 including four months above 50°F, it is defined Dfb (Humid Continental, Mild Summer Climate) and if it is less than 71.6°F including three months above 50°F, it is defined Dfc (Subarctic Climate). And then if the coldest month in this region is greater than -36.4°F, it is defined Dfd (Subarctic Climate). If monthly rainfall in the station is less than 1.2 inches, and it gets summer rain, it is defined Dw type of climate. And then if the warmest month in the station is greater than 71.6°F, it is defined Dwa (Humid Continental, Hot Summer Climate), but if it is less than 71.6°F including four months above 50°F, it is defined Dwb (Humid Continental, Mild Summer Climate) but if it is less than 71.6°F including three months above 50°F, it is Dwc (Subarctic Climate) and if the coldest month in this station is greater than 36.4°F, it is defined Dwd (Subarctic Climate). If it is B type of climate, the classifications of B type of climate in detail have been explained in above. - If the station is E (Polar Climate) due to the warmest month is under 50°F, it could be estimated whether it is ET (or) EF type of climate with the used of diagrammatic representation. If the warmest month in this station is greater than 32°F, it is defined ET (Tundra climate) and if it is less than 32°F, it is defined EF ( Ice-Cap or Frost Climate). 6. Distance from the sea This part is that whether the region is far or near the sea is to be classified. This problem can be solved with the use of diagrammatic representations. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 63 In A (or) B type of climate, If the range of temperature between the warmest month and the coldest month is same or above 20°F, the station is near the ocean (or) sea but unless it is, it is far from the sea. In C (or) B type of climate, If the range of temperature between the warmest month and the coldest month is same or above 30°F, the station is near the ocean (or) sea but if it is not, it is far from the sea. In D (or) B type of climate, If the range of temperature between the warmest month and the coldest month is same or above 45°F, the station is near the ocean (or) sea but unless it is , it is far from the sea. In E type of climate, If the range of temperature between the warmest month and the coldest month is same or above 70°F, the station is near the ocean (or) sea but unless it is, it is far from the sea. 7. Estimation of the probable climatic station The last part is to estimate the probable climatic station based on the hemisphere, distance from the sea and type of climate. 64 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Question items for classifying the climatic station Question .1 Bombay (India) Months J F M Temperature 76 76 80 O.1 0.1 0.0 M J J A S O N D Average / Total 86 84 81 81 81 82 81 76 81 0.9 19.9 24.0 14.5 10.6 1.9 0.4 0.0 72.4 A F° Rainfall 0.0 Inches Question .2 New Delhi (India) Months Temperature J F M A M J J A S O N D Average/ Total 59 63 74 85 92 93 88 86 85 80 69 61 78 1.0 0.8 0.5 0.3 0.7 3.2 7.7 7.5 4.6 0.4 0.0 0.5 27.2 F° Rainfall Inches Question.3 Adelaide (Australia) Months J F M A M J J A S O N D Average/ Total Temperature 74 74 70 64 58 54 52 54 57 62 67 71 63 0.7 0.7 1.0 1.8 2.8 3.1 2.7 2.5 2.0 1.7 1.2 1.0 21.2 F° Rainfall Inches 65 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Question.4 Yangon (Myanmar) Months Temperature J F M A 77 79 84 87 0.2 0.2 0.3 1.4 J J A S O N D Average / Total 84 81 80 80 81 82 80 77 81 12.1 18.4 21.5 19.7 15.4 7.3 2.8 0.3 99.6 M F° Rainfall Inches Question.5 Trondheim (Norway) Months J F M A M J J A S O N D Average/ Total Temperature 26 26 31 39 46 54 57 56 49 41 34 28 41 4.3 3.0 3.4 2.5 2.2 1.9 2.8 3.4 4.4 5.0 3.9 3.4 40.2 F° Rainfall Inches Question.6 South O nay (Atlantic Ocean) Months J F M A M J J A S O N D Average/ Total Temperature 32 33 31 27 19 15 13 15 20 25 28 31 24 1.5 1.5 1.8 1.7 1.3 1.2 1.2 1.4 1.0 1.0 1.4 0.9 15.9 F° Rainfall Inches 66 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Question .7 Ho Chi Minh (Vietnam) Months J F M A M J J A S O N D Average/ Total Temperature 79 81 84 86 84 82 82 82 82 81 80 79 81.8 0.9 0.1 0.3 1.7 8.3 12.6 11.1 11.0 13.3 11.1 3.7 3.1 77.2 F° Rainfall Inches Test Question item for classifying the climatic station Months J F M A M J J A S O N D Average/ Total Temperature 73 75 81 81 93 93 90 88 89 89 82 75 84.1 0.0 0.0 0.0 0.0 0.1 0.3 1.8 2.6 0.7 0.2 0.8 0.0 5.7 F° Rainfall Inches Answer: In the given climatic data temperature of the hottest months (May 93 ̊ F and June 93 ̊ F) exceeds 50 ̊ F. The temperature of the coldest month (January 73 ̊ F) exceeds 64.4 ̊ F. The station will therefore belong to either A or B type of climate. The temperature of July 90 ̊ F exceeds the temperature of January 73 ̊ F. Therefore, the station is in the northern hemisphere. The average temperature is 84.1 ̊ F. May and June are the hottest months with a temperature of 93 ̊ F. January is the coldest month with 73 ̊ F. The range of temperature therefore is 20 ̊ F. The total annual precipitation is 5.7 inches. The precipitation of each month is below 2.4 inches and being situated in the northern hemisphere. Since the precipitation is concentrated within the inner six months, the station receives rain in summer. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 67 The total annual precipitation is considerably scanty. It is requested to apply Koppen's formula to determine whether the station has A or B type of climate. As the station receives summer rainfall, r > or ≤ 0.44t – 3 is used ≤ 0.44t * 84.1 – 3 5.7 < 34.004 The total annual precipitation of 5.7 inches received at the station is less than the calculation value. This indicates dryness. The station will therefore have a B climate. To differentiate between BW and BS, the following formula should be used. r > or ≤ 0.44t – 3 2 ≤ 37.004 2 5.7 < 17.002 The total precipitation of 5.7 inches received at the station is less than the calculation value. This indicates BW. Since average temperature of 84.1 ̊ F is exceeds 64.4 ̊ F, the station enjoys a BWh (Low Latitude Tropical Desert). The annual range of temperature 20 ̊ F is the same as 20 ̊ F. Therefore, the station is far from the coast. Located in the northern hemisphere, far from the coast and having a Bwh (Low Latitude Tropical Desert) type climate, the station is likely to be Khartoum, Sudan. Analysis of Results The scores of the two groups of students were obtained from the question given. To analyze the scores the independent samples 't' test was used. It was found that there was significant difference between the experimental and control groups. As a result, it can be seen that teaching the classification of world climate using diagrammatic representations is more 68 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 effective than teaching the classification of world climate without diagrammatic representations. Table. 2 Mean, Mean Differences and t – test for Experimental and Control Groups of Fourth Year Students at Young Institute of Education *p < 0.05 t= X1 − X 2 SS1 + SS 2 1 1 + n1 + n2 − 2 n1 n2 for df = 58 at 0.05 level, t critical = 2.000 t test = 9.846 Since, t test > t Therefore, Ho: is rejected. There is significant difference critical Conclusion and Suggestion In the secondary level, the topic "Classification of the World Climate" is prescribed as a practical lesson in line with the higher level of learning. Therefore, all students in the secondary level should understand the fundamentals in world climatic concepts so as to study the new concepts in higher education level. Geography teachers should have conceptual understanding of climatic knowledge with the use of symbols and diagrams. So, they must have enough knowledge in climate knowledge and experiences to impart them correctly and effectively to cope with the problems of the world climates. But, it is thought that, today, geography teachers can provide just a bit of information in global climate concepts. It is difficult to know Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 69 whether they really understand the concepts of the global climate or not. Therefore, the best method is generated with the used of diagrammatic representations for both teachers and learners to learn in a short period. This paper provides the procedures on how to manage and classify to reach the solution of each region's climate correctly and effectively. When providing data and information, firstly, a set of procedures to solve the problems of classifying the climates should explained in detail step by step. And then, each of regions should be explained according to the procedures one after another with the exercises, and give the chance for discussion between the teacher and students over misconceptions of the climatic knowledge. By doing so, the students will develop the conceptual understanding about the world climates and get positive attitudes to geography subject for their lives. In fact, by using diagrams in teaching the topic "classification of world climates", both teachers and students get the chance to review the important data in climatic knowledge for classifying the definite climate station instead of reading by heart, and searching a lot of information and facts in the prescribed text book. Acknowledgements Firstly I would like to express my respectful appreciation to Dr. Aung Min (Rector, Yangon Institute of Education), Dr. Htoo Htoo Aung (Retired Pro-Rector, Yangon Institute of Education) and Dr. Pyay Thein (Pro-Rector, Yangon Institute of Education) for their encouragements and permission. I am deeply indebted to Dr. Soe Than (Professor and Head, Department of Methodology, Yangon Institute of Education) for his detailed guidance and valuable support throughout the period of preparing this paper. Many thanks are tendered to Dr.Than Than Htay (Professor and Head, Department of Geography, University of Distance Education) for the help with reference books. References Bhalla. C.L. (1963). Audio-Visual Aids in Education. New Delhi: India Printers.Indra.G and Jahitha Begum.A. (2009). Teaching of Geography. New Delhi:A.p.H.Publishing Corporation, Darya Ganj. Yangon University of Distance Education (2006) First Year (Map &Techniques) I, Yangon: University Press. tajccHynmoif&dk;nTef;wrf;?oif&dk;rmwdumESifhausmif;oHk;pmtkyfaumfrwD(2007)/e0rwef;(Grade-10)? yx0D0if /&efukef? atmifqef; yHkEDSyfwdkuf/ oifjyenf;Xme(1996-97)?bD?tD;?'Dpmay;pm,loifwef;?yx0D0ifoifjyenf;? &efukefynma&;wuúodkvf/ Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 AN INVESTIGATION INTO THE EFFECTS OF DIRECT INSTRUCTION AND INDIRECT INSTRUCTION ON THE IMPROVEMENT OF THE WRITING SKILLS IN GRADE EIGHT MYANMAR AYE YU MON Abstract The purpose of this paper is to investigate the effectiveness of Direct Instruction and Indirect instruction on the improvement of the writing skills in Grade Eight Myanmar. A research was conducted in a Basic Education High School and a Basic Education Middle School. Students were selected by stratified random sampling method. The size of the sample was (459) students from No.(2)Basic Education High School, Hlaingtharyar and (246) students from No.(12) Basic Education Middle School, Insein. There were two groups in each school: experimental group and control group. Each group consisted of (35) students. The design applied in this study was an experimental design: the posttest only control group design. The instruments used in this study were a placement test and a posttest. Learning materials were selected from Grade Eight Myanmar textbooks. The experimental group was exposed to the indirect instruction and taught with both Grade Eight Myanmar textbooks and extended texts from other sources. An independent samples t-test was used to compare whether there were significant differences between two groups. Research findings showed that the students who received the treatment by using indirect instruction demonstrated significantly better than those who did not receive that treatment. The results supported that indirect instruction was effective in teaching Myanmar writing skills. Key words: direct instruction, indirect instruction, writing skills Introduction Language is the stuff that surrounds us. Most of us spend a great deal of our lives listening, speaking, reading and writing. In every language, there are four skills- listening, reading, speaking and writing. Listening and reading are receptive skills, and writing and speaking are productive skills. When students are proficient in receptive skills, they are mastery in productive skills. Among these language skills, writing skill is the highest skill. Thinking and writing are inseparable, and attention devoted to one will often lead to improvement in the other. If the students see the close connection between thought and writing, they will see that it is necessary to fit their writing exactly to the thought they wish to express. People read books for PM-4, MEd(Second Year), Department of Methodology, Yangon Institute of Education 72 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 profit, for information, for facts, etc. Reading and experiences are essential sources for finding ideas and suggestions in writing. Writing comes from speaking. Speaking derives from thinking. Thought forms into ideas. Ideas come from reading. Writing is a medium of human, from generation to generation. The paper is focused on the improvement of the writing skills of the students. In order to help the students to improve their writing skills, there are mainly two types of instruction: direct instruction and indirect instruction. In education, it is necessary to improve the writing skills of the students. So, it is necessary to investigate the effectiveness of direct instruction and indirect instruction on the improvement of writing skills in Grade Eight Myanmar. Research Hypotheses 1. Grade Eight students whose teachers use indirect instruction will significantly higher achievement in writing skills than GradeEight students whose teacher use direct instruction. 2. There is a significant difference between direct instruction and indirect instruction on the improvement of narrative writing skills. 3. There is a significant difference between direct instruction and indirect instruction on the improvement of descriptive writing skills. 4. There is a significant difference between direct instruction and indirect instruction on the improvement of expository writing skills. 5. There is a significant difference between direct instruction and indirect instruction on the improvement of argumentative writing skills. Method The purpose of this study is to investigate the effectiveness of direct instruction and indirect instruction for the improvement of the writing skills in Grade Eight Myanmar. This study will help students to improve their writing skills. A quantitative research methodology is used to compare the achievement of students in writing skills. There are two groups in each school. One group is the experimental group that is taught Myanmar based on indirect instruction and the other group is the control group that is taught Myanmar based on direct instruction. If indirect instruction is believed to be effective in teaching, it is necessary to investigate its effectiveness in the classroom. 73 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Subjects The schools required for this study were selected by using stratified random sampling method. One High School and one Middle School were selected from Yangon Division. No.(12) MEHS, Insein, was selected from inner-suburb area and No.(2) BEHS, Hlaingtharyar was selected from satellite area in Yangon Division. The population in this study were (246) students from No.(12) MEHS, Insein and (459) students from No.(2) BEHS, Hlaingtharyar. The size of the sample was (70) students who were divided into two groups: experimental group and control group in each school. Each group consisted of (35) students (see Table 3.1). In each school, the selected (70) students were divided into two groups: control group and experimental group by match randomization. Table 1 Population and Sample Size Name of Schools No. of Population No. of Subjects BEHS (2), Hlaingtharyar 459 70 BEMS (12), Insein 246 70 Experimental Design The design used in this study was one of the true experimental designs, viz., the posttest only control group design (see Table2). Table 2 Experimental Design Schools Assignment No.of Students Test Control group Experimenta l group BEHS(2), Hlaingtharyar BEMS(12), Insein Test Random 70 Placement test 35 35 Posttest Random 70 Placement test 35 35 Posttest Research Instruments This study consisted of a placement test for grouping the students and a posttest to evaluate their achievement in writing skill. 74 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (a)Placement test The placement test consisted of four items, one short question and three long questions. Test items were constructed based on Grade Eight Myanmar textbook and the allocated time for this test was (45) minutes. The total marks for this test were (30).In order to obtain expert validation, the placement test questions were distributed to five experienced Myanmar teachers from Myanmar Department and one experienced Myanmar teacher from Methodology Department, Yangon Institute of Education. According to their suggestions, test items were modified again. (See Appendix A).Marking scheme for this test was also presented (see appendix B). On 2nd December 2011, a pilot test was held with Grade Eight students at No. (3) BEMS, Bahan. The allocated time for this test was (45) minutes. (b)Posttest A pilot study was made for the posttest. The posttest consisted of (6) items. Test items were constructed based on the Grade Eight Myanmar textbook. In order to obtain expert validation, the posttest questions were distributed to five experienced Myanmar teachers from Myanmar Department, and one experienced Myanmar teacher from Methodology Department, Yangon Institute of Education. According to their suggestions, test items were modified again. (See Appendix C). Marking scheme for this test was also presented (see appendix D). On 19th January 2012, a pilot test was held with Grade Eight students at No. (3) BEMS, Bahan.The allocated time for this test was (1:30) hours. In order to measure the reliability of the test items, the scores were computed by using Cronbach’s alpha (Leech, Barrett, & Morgan, 2005). The alpha for all items was (.70), which indicated that these items have good internal consistency, reliability. Learning Materials: Learning materials were selected from Grade Eight Myanmar textbooks. Extended Learning Materials Teachers also need to provide extended learning materials and make students discuss and participate in the learning activities. In this way, students can study the nature of writing skills not only from their textbooks but also from other extended learning materials. Besides, they understand that there are a lot of resources available to improve their writing skills. These extended learning materials are based on Khin Min’s “Teaching of Myanmar Essay Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 75 Writing” and developed according to the knowledge and the cognitive development level of the students. Procedure In order to group the subjects in this study, the placement test was administered before the treatment period. This test was used to measure students’ writing skill in Myanmar. According to the test results, the subjects were divided into two groups by using match randomization, so that there was no significant difference between the control group and the experimental group. In each school, the experimental group was given a treatment by using the indirect instruction. In the beginning of the class, the teacher gives the students a za-ta-ka prose. After that, asks students to write a script to perform their roles. They have to perform by cooperating together. The treatment period lasted from 5th December, 2011 to 25th January, 2012. The total experimented time was (30) days. In each school, the treatment was given for (15) days alternatively. Each class was taken two periods per day. One period lasted (45) minutes. Therefore, the total time taken for this experiment was (23) hours (30) minutes in each school. The procedures for Teaching experiment Group were presented (see Appendix F).During the treatment period, the students were taught with a variety of methods which are concerned with indirect instruction such as cooperative learning, role play and project-based learning. At the end of the treatment period, all selected students had to sit for posttest. The posttest was conducted on 27th January, 2012 in both schools. The allocated time for this posttest was (1:30) hours and the given marks were (50) marks. Findings The data obtained from the posttest were recorded systematically. And then these data were analyzed by using the independent samplest-test to compare the differences between the control group and experimental group. 76 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 3 t - Values for Posttest on Myanmar Achievement Scores School HS MS Group Control N 35 M 28.83 SD 6.81 Experimental 35 38.74 3.04 Control 35 Experimental 35 23.66 30.80 6.60 4.68 7.14 5.22 68 .000** .000** 70 26.24 7.1 8.5 7.86 .000** Experimental 70 34.77 5.6 13 8 HS+MS Control MD 5.8 t 7.87 df 68 Sig.(2-tailed) .000** .000** .000** Note: **p <.001HS= No. (2) BEHS, Hlaingtharyar MS= No. (12) BEMS, Insein Results showed that the mean score of the experimental group was significantly higher than that of the control group in each school. Besides, it showed that there was a significant difference between the control group and experimental group for scores on the overall Myanmar achievement in each school.It can be interpreted that the use of proposed teaching method, indirect instruction, has significant effect on overall Myanmar achievement of the students. Table 4 t - Values for Scores on Narrative Writing Skill Question School Group N M SD MD t HS Control 35 4.89 2.21 5.8 10.87 68 Experimental 35 10.69 2.26 Control 35 5.17 2.11 MS Experimental HS+MS Control Experimental 35 6.23 2.03 70 5.03 2.14 70 8.46 3.09 Sig. (2-tailed) .000** .000** 2.13 1.05 68 .036* .036* 5.61 3.43 Note:*p<.01, **p <.001HS= No. (2) BEHS, Hlaingtharyar MS= No. (12) BEMS, Insein df 138 .000** .000** 77 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 The results of narrative writing skill question showed that the mean score of experimental group was significantly higher than that of the control in each school. Besides, it showed that there was a significant difference between the control group and experimental group for scores on the overall narrative writing skill achievement in each school. It can be interpreted that the use of indirect instruction has significant effect on the narrative writing skill of the stud Table 5 t - Values for Scores on Descriptive Writing Skill Question School Group N M SD MD t df Sig. (2-tailed) HS Control 35 12.03 4.27 -0.30 1.61 68 .115 Experimental 35 13.29 1.79 Control 35 8.80 4.05 Experimental 35 10.83 2.48 Control 35 10.41 4.44 Experimental 35 12.06 2.48 MS HS+MS .113 2.03 2.53 68 .014*** .014*** 1.64 2.70 138 .008* .008* Note: ***p<.05, *p<.01HS= No. (2) BEHS, Hlaingtharyar MS= No. (12) BEMS, Insein The results of descriptive writing skill question showed that the mean score of experimental group was significantly higher than the mean score of the control group in each school. It showed that there was a significant difference between the control group and experimental group for scores on the descriptive writing skill achievement in each school. It can be interpreted that the use of indirect instruction has significant effect on the descriptive writing skill of the students. 78 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 6 t - Values for Scores on Expository Writing Skill Question School Group N M SD MD t df Sig. (2-tailed) HS Control 35 9.00 1.50 5.8 10.87 68 .000** Experimental 35 10.80 0.58 Control 35 7.06 2.35 Experimental 35 10.43 0.92 Control 35 8.03 2.19 Experimental 35 10.61 0.79 MS HS+MS Note: **p <.001 .000** 3.37 7.91 .000** 68 .000** 2.59 9.31 .000** 13 8 .000** HS= No. (2) BEHS, Hlaingtharyar MS= No. (12) BEMS, Insein The results of descriptive writing skill question showed that the mean score of the experimental group was significantly higher than the mean score of the control group in each school. The independent samples t-test showed that there was a significant difference between the control group and experimental group for scores on the expository writing skill achievement in each school .It can be interpreted that the use of indirect instruction has significant effect on the expository writing skill of the students. Table 7 t - Values for Scores on Argumentative Writing Skill Question School HS MS Group Control N 35 M SD MD 2.91 1.38 1.06 Experimental 35 3.97 0.17 Control 35 2.63 0.77 Experimental 35 3.31 0.80 HS+MS Control 35 2.77 1.12 Experimental 35 3.64 0.66 t df 4.50 68 Sig. (2-tailed) .000** .000** 0.69 3.66 68 .000** .000** 0.87 5.61 138 .000** Note: **p <.001HS= No. (2) BEHS, Hlaingtharyar MS= No. (12) BEMS, Insein .000** Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 79 The results of argumentative writing skill question showed that the mean score of the experimental group was significantly higher than the mean score of the control group in each school. The independent samples t-test showed that there was a significant difference between the control group and experimental group for scores on the argumentative writing skill achievement in each school. It can be interpreted that the use of indirect instruction has significant effect on the argumentative writing skill of the students. Results The results of the research findings from the two selected schools were as follows:1. GradeEight students whose teachers use indirect instruction had significantlyhigher achievement in writing skills than those whose teachers use direct instruction. 2. There is a significant difference between direct instruction and indirect instruction on the improvement of descriptive writing skill. 3. There is a significant difference between direct instruction and indirect instruction on the improvement of narrative writing skill. 4. There is a significant difference between direct instruction and indirect instruction on the improvement of expository writing skill. 5. There is a significant difference between direct instruction and indirect instruction on the improvement of argumentative writing skill. Discussion The posttest mean score of the experimental group was significantly higher than the mean score of control group for each school. This result pointed out that the indirect instruction had significant effect on the achievement of the students. Students are taught Myanmar with indirect instruction such as project method, role play and cooperative method. In these teaching methods, students are encouraged to participate in the teaching and learning process. In the direct instruction, the teacher taught Myanmar by using the lecture method, presentation method and discussion method. Direct instruction is defined as an instructional sequence that includes demo-nstration, controlled practice with prompts and feedback, and independent practice with feedback Mercer (1997, cited in Din, 2000). Most teachers, especially in middle schools, use a variety of methods. Maybe a 80 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 “lecture” (demo a problem on the board, talk through steps, have students take notes, whatever) for 5-10 minutes, then have students try a few similar problems, then come back and go over the samples to correct misconceptions, then have students try a bunch more (Peterson, 2011). This result is in agreement with Johnson and Johnson (1999, cited in Slavin, 2003) who suggested that small-group discussions have greater effect on students’ achievement if students are encouraged to engage in controversy rather than to seek a consensus. The finding showed that there was a significant difference between the control group and experimental group. The students from the experimental group were given the opportunities to work in small groups, to find the solution cooperatively and to participate actively in classroom activities such as role play. It can be concluded that students from the experimental group improve not only higher order thinking skills but also four different types of writing skills. So, this study will be beneficial to some extent in the teaching-learning process of Myanmar language teaching. Direct instruction is often characterized by an emphasis on ‘chalk and talk’- in other words, the teacher spends quite a lot of class time using the board and explaining things-as if ‘transmitting’ knowledge to the class-with occasional questions to or from the learners. After these explanations, the students will often do some practice exercises to test whether they have understood what they have been told. Throughout the lesson, the teacher keeps control of the subject matter, makes decisions about what work is needed and orchestrates what the students do. In this classroom, the teacher probably does most of the talking and is by for the most active person. The students’ role is primarily to listen and concentrate and, perhaps, take notes with a view to taking in the information. Often the teacher takes as if by right permission to direct, give orders, tell off, rebuke, criticize, etc., possibly with limited or no consultation. School teaching was in a style that could be characterized as ‘traditional’. While the details may vary considerably from school to school and between different countries and cultures, there will still be many aspects of ‘traditional’ teaching that are familiar to many. This ‘transmission’ view of the role of a teacher is relatively wide spread, and in many cultures represents the predominant mode of education. Students will expect that a teacher will teach in this way, and fellow teachers may be critical or suspicious of teachers who do not. In such cases it’s important to remember that the choice of methodology is not simply a matter Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 81 of what teacher believes to be best, imposed at any cost, but it is also about what is appropriate in a particular place with particular people. What a teacher does in any school or with any learner will often represent the teacher’s best compromise between what the teacher believes and what seems right in the local context. The process by which direct instruction is imagined as working is sometimes characterized as ‘jug and mug’- the knowledge being poured from one receptacle into an empty one. It is often based on an assumption that the teacher is the ‘knower’ and has the task of passing over knowledge to the students, and that having something explained or demonstrated to students will lead to learning- and if it doesn’t, it is because the teacher has done this job badly or the student is lazy or incompetent. In many circumstances, lecture or explanation by a teacher may be an efficient method of informing a large number of people about a topic. However, if the educational experience has mainly been of this approach, then it is worth pausing for a minute and questioning whether this is indeed the most effective or efficient teaching method. Whereas most teachers will need to be good ‘explainers’ at various points in their lessons, a teaching approach based solely or mainly on this technique can be problematic. Most teachers nowadays would say that they do not follow a single method. Teachers do not generally want to take someone else’s prescriptions into class and apply them. Rather they work out for themselves what is effective in their own classrooms. They may do this in a random manner or in a principled way, but what they slowly build over the years is a personal methodology of their own, constructed from their selection of what they consider to be the best and most appropriate of what they have learned about. Many students may have spent their whole educational career being told what to do all the time, constantly presented with work that has included minimal elements of choice. They may never have stopped to realize that what they learn and how they do it involves their own personal choice, and that it is their own time and energy they are investing. It may be a real surprise to be asked what they want or need, and not surprisingly they might need a clear explanation as to the purpose of it- and guidance as to how to start thinking about and conveying their ideas. Since writing is primarily about organizing information and communicating meaning, generating ideas is clearly a crucial part of the 82 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 writing process. Because actually getting started is one of the most difficult and inhibiting steps in writing, idea-generating is particularly important as an initiating process. For this reason, the activities which follow can be regarded as belonging to the initial stages, when the writer is still attempting to discover a topic and identify a purpose. Even in later stages, however, idea-generating continues to take place, so that the techniques used to stimulate ideas at an initial stage may still prove useful. Brainstorming is best done in a group, and it therefore both benefits from and contributes to a cooperative approach to learning. By using it, students learn that writers can profit from drawing on other people’s ideas as well as their own. Questions, being the basis of Socratic dialogue and of problem-solving, are an important prompt for writers. Indeed, one of the skills of a good writer is to think of interesting questions to ask because these yield interesting answers. As children progress through their early years in school, they develop a wealth of knowledge about language, print, and relationships among language processes. However, when children reach the upper grades of elementary school where there is greater emphasis on content learning, their ability to progress in writing often declines. One reason this happens may be because the children are not being taught how to read and learn from informational or content area texts. Writing well is not just an option for young people—it is a necessity. Along with reading comprehension, writing skill is a predictor of academic success and a basic requirement for participation in civic life and in the global economy (Graham &Perin, 2007). • • Writing is a skill: by far the most important reason for teaching writing, is that it is a basic language skill, just as important as speaking, listening and reading. Students need to know how to write letters, how to put written reports together. The type of writing that students should do will depend on their age, interests and level. Beginners to write simple poems. When the elementary students are set tasks the students have – or can get – enough language to complete the task. Such students can write a simple story but they are not equipped to create a complex narrative. It’s all a question of what language the students have at their command and what can be achieved with this language. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 • 83 Of course, some pieces of written work are completely full of mistakes, but even in these cases, over-correction can have a very demotivating effect. As with all types of correction, the teacher has to achieve a balance between being accurate and truthful on the one hand and treating students sensitively and sympathetically on the other (Harmer, 1988). Siddiqui (2009) states that the ability to read and write is strongly influenced by the ability to understand and use language. Students who are good listeners and speakers tend to become strong readers and writers. Language has a major role in all subjects including reading, math, history, geography, and even art. The early school years emphasize language development, social-emotional growth and readiness skills. The middle grades emphasize specific subjects. Mastery of language is assumed. Emphasis is placed on written skills. The later grades involve more complex use of language by students, including an increased vocabulary, more advanced sentence structure, and different kinds of language for different situations. Teacher should nurture the habit of reading and writing. If students have opportunities to form groups for writing, they will become better learners. According to the results, students should be exposed not only to prescribed textbooks but also to external materials. Emphasis should be placed not only on the teaching of specific subject but also on the improvement of writing skills. Besides, investigation into the effects of direct instruction and indirect instruction on the improvement of writing skills ought to be studied in other grades. In this way, studying the influence of writing skills can be beneficial to students in Myanmar. Conclusion The main purpose of this research was to investigate the effectiveness of direct instruction and indirect instruction on the improvement of the writing skills at the middle school level. A quantitative study was mainly used to compare the students’ achievement on the Myanmar writing skill between two groups: control group and experimental group. The design adopted in this study was one of the true experimental designs, viz., the posttest only control group design. One High School and one middle School were selected from Yangon Region by simple random sampling method to carry out the research work. The participants were seventy Grade Eight students from No. (2) BEHS 84 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Hlaingtharyar and seventy from No. (12) BEMS, Insein. The students were selected by systematic random sampling method for this study. The instruments used in this research were a placement test and a posttest to compare students’ Myanmar achievement. Learning materials were from Grade Eight Myanmar Textbooks. In each school, the placement test was administered to all the selected students before the treatment was provided. According to the scores of the placement test, the students were divided into two groups by using match randomization. The experimental group was given the treatment by indirect instruction and the control group was given the same learning materials by using direct instruction. There are differences between the two groups. The students got the chance of collaborative learning in small groups and actively participated in discussion and activities. In the control group, the teacher explains the new concepts explicitly and let the students learn passively, the students received teacher directed whole class instruction. A posttest was administered at the end of the treatment period. Independent samples t-test was used to examine whether there were significant differences between the two groups in terms of four different types of writing. On the scores of narrative level questions, there was a significant difference between the two groups in two selected schools. There was a significant difference between the two groups in two selected schools for descriptive level questions. On the scores of expository level questions, there was a significant difference between the two groups in two selected schools. There was a significant difference between the two groups in two selected schools for argumentative level questions. On the overall Myanmar achievement scores, there was a significant difference between two groups in all selected schools. Generalization can be drawn on the basis of the results of research findings. In terms of the statistical results, students’ performance had significant difference on the overall Myanmar achievement. It can be concluded that teaching Middle school Level Myanmar writing by using indirect instruction increase students’ Myanmar achievement, encourage students’ higher level thinking skills and help them improve their writing skills. 85 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Acknowledgements I am greatly indebted to Rector Dr. Aung Min, Yangon Institute of Education, and Pro-rector Dr. PyayThein, Yangon Institute of Education for their administrative support that assisted greatly in the preparation for this study. I would like to express my gratitude and special thanks to Dr. SoeThan (Professor and Head of Department, Methodology Department, Yangon Institute of Education) for his permission to present this paper. I would like to acknowledge the special contributions, suggestions and guidance of U ThanHtut, Retired professor and Head of Methodology Department, Yangon Institute of Education. I wish to express my deepest appreciation to my supervisor Daw Yi Yi Lynn, Lecturer of Methodology Department, Yangon Institute of Education, for her great support, encouragement and guidance in conducting this study. I would like to express my heartfelt gratitude to U Myo Win (Lecturer, Methodology Department, Yangon Institute of Education, Member of Board of Examiners) for his precious advice and editing on my paper. I owe a debt of gratitude to Dr. Wai Wai Oo, Assistant Lecturer, Methodology Department, for her encouragement and guidance throughout this study period. I wish to express my sincere thanks to Dr. Naing Naing Thein, Assistant Lecturer, Methodology Department, Sagaing Institute of Education, for her suggestion and guidance. I also wish to express my sincere thanks to U Khing Zaw Oo, Assistant Lecturer, Methodology Department, for his encouragement and suggestion. I would like to thank all the teachers and my colleagues who gave me encouragement and various provisions. I would like to extend my thanks to the librarians and staffs of the libraries of Yangon Institute of Education and University of Distance Education for their helps in finding the essential printed materials. Last but not least, the greatest appreciation and invaluable thanks are dedicated to my uncles and my brother for their wisdom, understanding and sacrifice in helping me to pursue my studies. References Gay, L. R. (1987). Educational Research. New York: Macmillan PublishingCompany. Gay, L. R., &Airasian, P. (2003).Educational Research. (7thed.). New Jersey: Pearson Education, Inc. Graham, S., &Perin, D., (2007).Effective Strategies to Improve Writing of Adolescents in Middle and High Schools.Retrived January 15, 2012 fromwww.all4ed.org. Harmer, J.(1988). How toTeach English. London:Longman. Leech, N. L., Barrett, K.C., & Morgan, G. A.(2005). SPSS for Intermediate Statistics:Use and Interpretation (2nded.). New Jersey: Lawrence Erlbaum Associates, Inc. Peterson, P. E. (2011), Eighth-Grade Students Learn Instruction.Retrieved February 4, 2012 More Through Direct From http://educationnext.org/eighth-grade-students-learn-more-through-direct- instruction Scrivener, J. (2005).Learning Teaching (2nded). New York: Macmillan Publishing Company, Inc. 86 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Siddiqui, H.M. (2009). Techniques of Teaching Strategies.New Delhi: APH Publishing Corporation. SPSS for Windows.(2006). Statistical Package for Social Science.Version. 16.0: SPSS Inc. White, R. & Arndt, V. (1991).Process Writing. London: Longman. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 The Inquiry-based Learning Performance Model in Support of Students’ Science Learning Ma Kyi Swe Abstract The primary purposes of this study are to develop the Inquiry-based learning performance model and to investigate its effectiveness and to find out its practical application in Grade (9) students’ science learning. In Inquiry-based learning, students use their own thinking skills to make their own generalizations or conclusions and they are actively involved in generating “knowledge” in forms that are meaningful to them. Therefore, the Inquiry-based learning performance model was developed based on cognitive, behavioral and constructivist learning theories. The effectiveness and applicability of the Inquiry-based learning performance model were tested in five Basic Education High Schools. Both quantitative and qualitative methods were used. The scores obtained from the effectiveness of the Inquiry-based learning performance model were higher than those from the traditional method of teaching. Examination of the means and t test (t=6.25, df=62, MD=12.06 p<0.001) indicated that there was a significant difference between the two groups. Students and teachers agreed that they became more confident in teaching and learning science. Thus, the Inquirybased learning performance model has been proved to be effective in Myanmar classrooms and it is believed that this model of teaching will contribute to optimalize success in teaching and learning science. Key words: attitude; inquiry-based learning performance model; student participation Introduction Science is a systematic inquiry about natural phenomena. The broad aim of learning science is developing an inquiring mind and a scientific approach to problems. Inquiry-based learning is a process that students can be encouraged to develop their thinking skills. Myanmar is a developing country that has many difficulties and issues for building a modern developed nation. One of the factors that can help to overcome such a situation is to nurture they youths to be able to do Inquiry-based learning. Inquiry-based learning takes students to new levels of awareness and involvement in science. Moreover, students need to develop critical thinking and creative thinking. In Inquirybased learning, students use their own thinking skills to make their own generalizations or conclusions. It is the synthesizing of critical and creative aspects of the mind, which helps students to have reasoning ability. The Assistant Lecturer, Dr, Department of Methodology, Yangon Institute of Education 88 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 development of thinking and reasoning ability is an important objective of education. If they have such reasoning ability, they can solve problems successfully in their lives. Thus, it is necessary to do research on Inquirybased learning with Myanmar teachers and students in the field of science education. Aims of the Research The fundamental aims of the research are: 1. To develop the Inquiry-based learning performance model 2. To explore the effectiveness of the Inquiry-based learning performance model and 3. To find out the practical application of the inquiry-based learning performance model. Research Hypotheses 1. There is a significant difference in the achievement of learning science of Grade (9) students who receives instruction through the steps of Inquiry-based learning performance model and those who are taught traditional instruction by the researcher. 2. There is a significant difference in the achievement of learning science among Grade (9) students who are taught by the science teachers in line with the steps of Inquiry-based learning performance model and those who receive traditional instruction. 3. There is a significant difference in the achievement of learning science of Grade (9) students who receives instruction through the steps of Inquiry-based learning performance model and those who receive traditional instruction by strata in Yangon Region. Theoretical Consideration The Inquiry-based learning performance Model is supposed on the ideas of many in building the theoretical basis for an effective science learning performance model. It includes the works of Dewey, Burner, Gardner and Bloom. Dewey supposes that education begins with the curiosity of the leaner, using a spiral path of inquiry, asking questions, gathering information, discussing experiences, investigating solutions, and creating and reflecting new knowledge (Sang, 2003). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 89 Burner illustrates his view of principles of constructivist learning: Instruction must be concerned with the experiences and contexts that make the students willing and able to learn (readiness). Instruction must be structured so that it can it can be easily grasped by the student (spiral organization). Instruction should be designed to facilitate extrapolation and or fill in the gaps. A major theme in the theoretical framework of Bruner is that learning is an active process in which learners construct new ideas or concepts based upon their past knowledge (Bruner, 1977). Gardner asserts intelligence as the capacity to solve problems or to fashion products that are valued in one or more cultural settings. Multiple intelligences initially consisted of eight dimensions of the intelligence (visual/ spatial intelligence, musical intelligence, verbal/ linguistic intelligence, logical/ mathematical intelligence, interpersonal intelligence, intrapersonal intelligence bodily/ kinesthetic intelligence and naturalist intelligence) (1983, cited in Pirozzo, 2007). Bloom’s taxonomy is very useful in planning students' learning outcomes at six different thinking levels ranging from knowing to Evaluating (Bloom, Engelhart, Furst, Hill & Krathwohl, 1956). Inquiry-based learning is processes where students involve in their learning formulate questions investigate widely and then build new understandings, meaning and knowledge. That knowledge is new to the students and may be used to answer a question, to develop a solution or to support a position or point of view. Developing Inquiry-based Learning Performance Model Dick and Carey (1985, cited in Gagne, Briggs & Wager, 1988, p.22) developed the systems approach model for designing instruction. Moreover, Vern S. Gerlach and Donald P. Ely (1989, cited in Seels & Glasgow, 1990) developed an instructional design model. Considering these, Inquiry-based learning performance model was developed based on cognitive, behavioral and constructivist learning theories. Its goal is to develop reasoning ability and critical thinking. This model has been developed to be used with flexibility in the Basic Education Middle School Level science learning. The description of Inquiry-based learning performance model is presented as follows. 1. Suitable content 2. Instructional goal 90 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 3. Performance objective 4. Preparing test items 5. Preliminary evaluation 6. Analysis of individual differences 7. Instructional procedure (a) Identifying a problem (b) Collection data (c) Students’ performance (1) Minds-on and hands-on learning activities (2) Instructional materials (d) Interpreting data (e) Generalization 8. Summative evaluation 9. Feedback 1. Suitable Content A teacher decides which topic provides the best opportunities for Inquirybased learning. Moreover, the teacher makes a list of generalizations or main concepts. The teacher can change his or her list of generalizations as needed to match what the teacher finds in the chapter if he/she wants to stick closely to the textbook’s contents. 2. Instructional Goal The main purpose of an instructional goal is to develop reasoning ability and critical thinking. These skills can be taught and enhanced through Inquirybased learning. A teacher’s instructional goal is to provide the best materials and learning situations to make learning individually meaningful for each student. 3. Performance Objective A teacher needs to identify the performance objective. The achievement of performance objective can be assessed from the changes of students’ behavior through their learning activities and their test scores. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 91 4. Preparing Test Items The teacher sets test items. The teacher must evaluate whether or not the student has an acceptable scientific concept and simply attempts to establish what the student’s ideas are. Teachers can ask not only what happened but also “how” and “why” to evaluate developing critical thinking. How-questions require greater Inquiry-based learning because they usually use some process. Why-questions are the most difficult to answer. They rarely have a final answer, and each successive answer leads to another, more fundamental question. 5. Preliminary Evaluation Preliminary evaluation is used to find out which knowledge and skill students understand and can use, and then to build on these strengths during the Inquiry-based learning. It allows teachers to track students’ needs, while providing a basis for lesson planning, instructional modification and reflection. It is also based on a set of beliefs about the kind of task or situation that will prompt students to do something. 6. Analysis of Individual Differences Before implementing Inquiry-based learning activities with students, a teacher must investigate the individual differences. Investigation for individual differences provides the foundation for thinking about what students already know, what they want to know and what they need to know. Students differ according to their physical, social, emotional and mental ability. Some have exceptional abilities and talents while others have exceptional needs. 7. Instructional Procedure The instructional procedure is a key to success for teachers. In an Inquirybased learning classroom, students are often out of their seats, examining items, collecting data and talking with one another. It is important to help them effective interaction skill. It includes having whole-class discussion on working together productively, assigning students different roles (i.e. one collects, one records the data) and calling timeouts to assess everyone’s progress during an investigation. (a) Identifying a Problem In Inquiry-based learning, it begins with asking or framing an essential question. An essential question is defined as a question that requires students 92 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 to make a decision or to carry out the minds-on and hands-on learning activities. After the essential question has been framed, he or she writes foundation questions. The foundation questions are directly listed below the essential question and serve to do. Foundation questions are very important; they provide path to the Inquiry-based learning investigation so that students know what they need to do. Students need to consider the problems or issues by themselves. Identifying a problem includes activities designed to: Generate interest, Establish current experiences, Draw on prior knowledge and Define possible aspects for investigation. (b) Collecting Data Students observe phenomena and gather data on their own. They seek to collaborate and work cooperatively with peers and the teacher. The collection of data is not an end in itself, but a means towards improving understanding concepts. Students record observations and data, working either individually or in small groups. The teacher goes from group to group, asking each question about their collections. Therefore, the teacher can understand their thinking and explanations. The teacher keeps notes on each group and records their responses to questions and any misconception that he or she detects. (c) Students’ Performance Students gather information and work out what they need to understand and do. They find something out for themselves rather than being told by the teacher. They have time to think about the observation and to discuss other students. Discussions help current false beliefs and prevent the construction of new misconceptions. (1) Minds-on the Hands-on Learning Activities The use of minds-on and hands-on activities in the classroom improves a student’s making sense of the world and developing scientific concepts. Example of minds- on learning activity is drawing concept maps. Hands-on learning activity is particularly well-suited to collaborative learning environments and team projects. They are based on experiences gained through the senses. The teacher limits the scope of the activity in terms of time, content selection and end products. (2) Instructional Materials Instructional materials are learning tools for the teacher and students. The teacher selects appropriate instructional materials and plans for their use. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 93 Museum, Library, Science magazines, Science program video and the Internet provide students with access to outside instructional materials. Students can carry out using instructional material as a tool for applying content knowledge in authentic contexts. The teacher goes to students to discuss how they will carry out the activities by using instructional materials. (d) Interpreting Data Data and information are to be interpreted by students and the teacher. The teacher asks open-ended questions such as “How do you know? And how does your data support generalization?” in order to encourage further probing and investigation. The interpretation expresses how the observations from a given task constitute evidence about the performance being assessed as it bears on the targeted knowledge. It is only sensible to look for evidence one knows how to reason from or interpret. (e) Generalization Drawing generalization requires students to express their understandings and communicate with others. They make connections to previous ideas. They may synthesize what they have found into generalization which can be used to decide on possible solutions. They use their own thinking skill to make generalization. The teacher helps them to decide how to do the generalization. 8. Summative Evaluation Summative evaluation is used by the teacher and students mainly to assist Inquiry-based learning, but also to gauge students’ achievement. Summative evaluation assesses both the content and the process of the Inquiry-based learning activities. The teacher can identify students’ existing knowledge and ensure that their thinking is sufficiently challenged during their investigations. 9. Feedback Feedback is essential to guide, test, challenge, or redirect the learner’s thinking. Inquiry-based learning involves the students in thinking about scientific concepts and how new information fits or does not fit with what the students already know about the world. The teacher needs to consider how students achieved what she set out to do. If a student draws incorrect conclusion or misinterpret information, the teacher will ask question to redirect the student to a more accurate path of Inquiry-based learning. 94 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Research Methods Both qualitative and quantitative research methods were used in this study. Qualitative Research Method Qualitative data were collected on 22nd June, 2009 in Mandalay Region, 23 June, 2009 in Sagaing Region and 19th October, 2009 in Yangon Region by using Interviews. Interviews ranged from 35 minutes to 50 minutes for each science teacher. The sample size (or) the number of science teachers from Yangon, Mandalay and Sagaing Regions is presented as follows. rd Table 1. The Sample Size from Yangon, Mandalay and Sagaing Regions Division School Yangon 3 Mandalay 1 Sagaing 1 Total 5 Quantitative Research Method No. of Teachers 3 1 1 5 Experimental research was used to compare student’s science achievement between two groups: Experimental group and Control group. The sample for the experimental design was selected from the (3) high schools in Yangon Region. There are (33) townships in the Yangon Region. These townships were stratified into (a) Inner city (b) Outer-suburb and (c) Satellite. Among them, (3) townships were randomly selected from different strata. Moreover, the sample chosen for the present study includes a high school in Mandalay Region and a high school in Sagaing Region. In this study there were altogether (5) schools from Yangon, Mandalay and Sagaing Regions. The school, and sample size are described as follows. Table 2. Population and Sample Size in (2009-2010) Academic Year Region School Student Participant Yangon Latha BEHS(1) 182 46 Yangon Latha BEHS(1) 678 68 Yangon 546 64 Mandalay Shwepyithar BEHS(3) Myitnge BEHS 513 80 Sagaing Sagaing BEHS (3) 220 90 95 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 3. Population and Sample Size in (2010-2011) Academic Year Region School Student Participant Yangon Latha BEHS(1) 196 70 Yangon Latha BEHS(1) 662 70 Yangon Shwepyithar BEHS(3) 676 70 Mandalay Myitnge BEHS 443 80 Sagaing 280 80 Sagaing BEHS (3) Findings, Interpretations and Suggestions Qualitative Research Finding The sample chosen for the present study consisted of (5) science teachers from (65) selected schools in Yangon, Mandalay and Sagaing. They have at least (25) years’ experience in science teaching. They were all over (40) years old. They took the degree in science such as chemistry, / physics/ and botany. Demographic Information about the teachers is as follows. Table 4. Demographic Information of Teachers by Gender, Age, Science Teaching Service, Qualification and Designation Science Gender Science Teacher Age Teaching Service Qualification Designation Training Male 1 >40 >25 BSc JAT PAT, JAT Female 4 >40 >25 BSc JAT PAT, JAT Quantitative Research Findings The Effectiveness of Inquiry-based Learning Performance Model A study was designed to test the effectiveness of Inquiry-based learning performance model, which was used in schools for three periods of two weeks (from 22nd June to 7th July, 2009 in Mandalay Region and Sagaing Region, 96 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 from 19th October to 30th October, 2009 in Yangon Region). In terms of the scores of the placement test, the students were randomly divided into two groups: Experimental group and Controlled group. On 22nd June 2009, the lesson (Acid, Base and Salts – chapter 3) was taught to two groups in Mandalay Region and Saging Region. On 19th October 2009, the lesson (Energy and Work-chapter 4) was taught to two groups in Yangon Region. The data from the post –test were recorded systematically. Then the data were analyzed using the independent samples t tests to describe the effect of using Inquiry-based learning performance model. The results of the t test, the mean scores, standard deviations and mean differences of both groups are presented as follows. Table5. Mean, Standard Deviations, and t – test for Experimental and Control Groups from Yangon Mandalay and Sagaing in (20092010) Acadmic Year Standard Mean Deviations Difference School Group N Mean Latha Experimental 23 40.26 5.52 BEHS (1) Control 23 23.65 6.31 Insein Experimental 34 40.88 5.36 BEHS (1) Control 34 35.18 5.77 Shwephithar Experimental 32 42.28 9.44 BEHS (3) Control 32 30.22 5.45 Myitnge Experimental 40 37.05 11.16 BEHS Control 40 25.43 11.34 Sagaing Experimental 45 32.55 7.21 BEHS (3) Control 45 16.02 4.44 Sig t df (2 tailed) 16.61 9.497 44 **0.000 5.7 4.22 66 **0.000 12.06 6.25 62 **0.000 11.62 4.62 78 **0.000 16.53 13.1 88 **0.000 Note: **p < .001 In Latha BEHS (1), results showed that the mean score of experimental group is higher than that of the control group. Examination of the means and t test (t = 9.497, df =44, MD=16.61 p < 0.001) indicated that there was a significant difference between the two groups. Thus, it can be said that the scores obtained from the application of the Inquiry-based learning Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 97 performance model are higher than those from the traditional method of teaching. In Insein BEHS (1), results revealed that the mean score of experimental group is higher than that of the control group. The finding of the post-test (t = 4.22, df = 66, MD=5.7, p<0.001) showed a significant difference between the two groups. Therefore, it can be said that the experimental group performed better than the control group. In Shwepyithar BEHS (3), results indicated that the mean score of experimental group is higher than that of the control group as well. The tvalue proved that there was a significant difference between the two groups. (t = 6.25. df= 62, MD = 12.06, p < 0.001) (see Table 5). Thus, it can be said that the achievement score of the students taught by using the Inquiry-based learning performance model are higher than those who are taught by using the traditional method. In Myitnge BEHS, results showed that the mean score of experimental group is higher than that of the control group (t = 4.62, df = 78, MD=11.62, and p < 0.001) (see Table 5). Therefore, it can be said that the scores obtained from the application of the Inquiry-based learning performance model are higher than those from the traditional method. In Sagaing BEHS (3), results also described that, statistically the mean score of experimental group is significantly higher than that of the control group. The finding from the post-test (t=13.1, df=88, MD=16.53, p<0.001) proved that a significant difference between the two groups was found. Thus, it can be said that the scores of the group using the Inquiry-based learning performance model are higher than those obtained from the group of traditional method. Practical Application of the Inquiry-based Learning Performance Model Inquiry-based learning performance model was used in schools for a period of one month (from 21st August to 21st September, 2010 in Mandalay, Sagaing and from 7th September to 7th October, 2010 in Yangon). According to the scores of the placement test, the students were randomly assigned into two groups: Experimental group and Control group. The lesson (Acid, Base and Salts-chapter 3) was taught by two science teachers in Mandalay and Sagaing Region. The lesson (Energy and Work-chapter 4) was taught by three science teachers in Yangon Region. The data from the post-test were record 98 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 systematically. Then, the data were analyzed using the ANOVA to explore the differences in the student’s mean scores in terms of locality (see Table 6). Table 6. Means and Standard Deviation by Strata in (2010-2011) Academic Year Strata N Mean Std. Deviation Inner Ctiy 35 55.83 12.2 Outer-Suburb 35 54.11 8.49 Satellite 35 46.46 8.65 The result showed that there were differences in means and standard deviation by strata; inner city, outer-suburb and satellite. Mean Comparison of posttest score is presented as follows. Table 7. Means Comparison of Posttest Scores by Strata in (2010-2011) Academic Year Sum of Square df Mean Square Between Groups 1742.933 2 871.467 8.838 Within Groups 10057.200 102 Total 11800.133 104 Groups F Sig. **0.000 98.600 The ANOVA result mentioned that there were significant differences in terms of the locality of the school (F (2,102) = 8.838, p < 0.001). It can be said that students’ achievement scores are different in terms of the locality of the schools. 99 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table8. Mean, Standard Deviations, Mean Differences and t- test for Experimental and Control Groups in Mandalay and Sagaing Regions in (2010-2011) Standard Mean Deviations Difference 68.30 9.81 40 61.32 7.00 Experimental 40 67.83 10.08 Control 40 63.30 6.38 School Group N Mean Myit nge Experimental 40 Control Sagaing BEHS (3) BEHS Sig t df 6.98 3.66 78 **0.000 4.53 2.399 78 **0.019 (2 tailed) Note: **p < .001, *p< .05 In Myitnge BEHS, results showed that the mean score of experimental group is higher than that of the control group. The finding for posttest (t = 3.66, df = 78, MD = 6.97 p<0.001) indicated that there was a significant difference between the two groups. Thus, it can be said that the scores obtained from the application of the Inquiry-based learning performance model are higher than those from the traditional method of teaching. In Sagaing BEHS (3), results also indicated that the mean score of experimental group is higher than that of the control group. Thus t –value proved that there was a significant difference between the two groups. (t = 2.399, df = 78, MD = 4.53, p < 0.05) (see Table 8). Thus, it can be said that the average scores of the students for the application of Inquiry-based learning performance model are higher than those obtained by using the traditional method. Interpretation It was evident that the effect of Inquiry-based learning performance model is significant. The applicability of Inquiry-based learning performance model is satisfactory because every experimented group performed far better than every controlled group in the study. However, students’ related factors such as socio-economic background, family support, intellectual aptitude, personality and self-confidence …etc, may influence either positively or negatively on students’ academic outcomes. Generally, the students in satellite are from the school environment that 100 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 classrooms are over-crowded. The facilities in these schools are inadequate and so it becomes impossible for good teaching and learning to take place. Therefore, the findings of the post-test showed that student’s achievement scores are different in terms of locality (as shown in Tables 6 and 7) (Inner city > outer – suburb > satellite). The quality of a teaching learning strategy depends not only on its inherent characteristics but also on the context and manner in which it is implemented. Importantly, teachers have to learn and be familiar with the skills of using Inquiry-based learning performance model accordingly. Suggestions A teacher’s classroom performance is one aspect of professional work. Teaching includes decision making that goes beyond the selection of the appropriate teaching skills. Teachers must develop teaching procedures which not only transmit information but also encourage students to learn independently. In using Inquiry-based learning performance model, teachers must consider three sets of factors that may influence their teaching. One set consists of the teacher’s abilities, and how to plan the learning activities. Learning activity can help students to improve their concept understanding, acquisition of knowledge, the encouragement of thinking and the increasing of social and academic skills. A second set involves the teacher’s experience in education. This set includes how the teacher has been taught, how he/ she prefers to be taught, how he/she prefers to teach, his / her knowledge of subject matter and pedagogical preparation. A final set of factors affecting teaching derives from the context of setting in which the teacher teaches. Context is determined by the kinds of students, individual differences and class size, availability of instructional equipment and material, time available for instruction, the nature of lesson and the dominant views about the best way to teach. Teachers are usually very clear about these differences as they are faced day by day with the equally starting differences in what students know and can do how rapidly they learn. Moreover, the most important fact depends not only on the intellectual and emotional development of the students included, but also on the nature of the subject matter and the objective that the teacher and the students want to attain. Doing laboratory activities, making hands-on and minds-on science learning activities and engaging in lively classroom discussions of scientific Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 101 data are very important. In the classroom discussion, teachers normally initiate through asking questions. The types of questions teachers use to structure the teaching skills play an important role in (1) the kinds of thinking skills learners employ; (2) the range of information to be covered; and (3) the thinking skills they may learn. If teachers have a solid background in sciences content, they may feel confident in using Inquiry-based learning performance model. It is important to have an understanding of science content, but is deciding how to find information is also important. Attending workshops, taking science courses, watching science television programs and accessing online science information are all excellent ways to build content knowledge. During the Inquiry-based learning, the teacher guides students, instead of leading them and becomes a facilitator. If the teacher gives careful thought up-front to gathering necessary resources and determining the nature and order of the activities, a lot of time is not needed. Moreover, the teacher can make it easier to spend time gauging student’s levels of content knowledge at the start of the lesson. Therefore, pedagogical training courses and workshops for science teachers should be conducted every year. Networking should be set with educational developers nationally and internationally so that teachers will become knowledgeable and skillful in understanding science concepts and the natural world. Conclusion Science teachers should help students construct their knowledge with an emphasis on Inquiry-based learning. Inquiry-based learning emphasizes that students have to build their own scientific knowledge and understanding. Students should investigate environmental science problems and report by group. Students have an opportunity to discuss the idea in the investigation with the teacher and with each other. They should ask questions and offer answers. They need to interpret new knowledge in the context of what they have already understood. Each student must build his own understanding and meaning from the experiences he has. The task of teachers is to help students to use all their experiences in their Inquiry-based learning. Science teachers should prepare, organize and have a direction and purpose for their teaching. There things: Time, Experience and Preparation will increase the effective teaching. Science teachers are responsible for 102 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 developing students’ scientific understandings and skills; observing, classifying, measuring, communication, inferring and experimenting. Thus, teachers should fundamentally understand the Inquiry-based learning performance model to learning and instruction. If they actually understand this model, they can easily use it. In addition, teachers need to capitalize on opportunities in the activities normally done in the classroom. Acknowledgements I would like to express my respectful thanks to Dr. Aung Min (Rector, Yangon, Institute of Education), Dr. Khin Zaw (Retired Rector, Yangon Institute of Education), Dr. Htoo Htoo Aung (Retired Pro-Rector, Yangon Institute of Eduation), Dr. Lwin Lwin Soe (Pro-Rector, Yangon University of Foreign Language), Dr. Myo Tint (Retired Pro-Rector, Yangon Institute of Eduation), and Dr. Pye Thein (Pro-Rector, Yangon Institute of Education) who gave me their permission to do this dissertation and provided me with valuable suggestions during this study. I am greatly indebted to my supervisor, Dr. Soe Than (Professor & Head, Department of Methodology, Yangon Institute of Education) for his expert advice, thorough supervision, valuable guidance, editing and reviewing my dissertation to complete successfully. References Bloom, B.S., Engelhart, M.D., Furst, E.J., Hill, W.H., & Krathwohl, D.R.(1956). Taxonomy of Educational Objectives: Classification of Educational Goals. Handbook 1: Cognitive Domain. New York : Mc Kay. Bruner, J. (1977). The Process of Education : A Landmark in Educational Theory. London: Harvard University Press. Gagne. R.M, Briggs, L.J. & Wager, W.W.(1988). Principles of Instructional Design. Orlando, Florida: Holt, Rinehart and Wiston, Inc. Pirozzo, R. (2007). Improving Thinking in the Classroom. Australia : Hawker Brownlow Education. Sang, M.S.(2003). An Educational Course for K.P.L.I.: Student Development, TeachingLearning Process & Evaluation Theme 2. Kampulan Budiman : Subang Jaya. Seels. B. & Glasgow, Z. (1990). Exercises in instruction Design. Columbus, Ohio: Merrill Publishing Company. 103 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Appendix(A) 104 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Appendix(B) Sample Lesson (1) 1. Suitable Content Chapter (3) Acids, Bases and Salts. This research was conducted in Mandalay and Sagaing Divisions. 2. Instructional Goals To improve reasoning ability and critical thinking by finding out the properties of acids and bases in the substances To improve reasoning ability and critical thinking by observing how salt affects things that float in water. 3. Performance Objectives To observe similarities and differences in the properties of acids and bases To differentiate the properties of organic acids and inorganic acids To find out conditions that can produce or change properties. To illustrate how salt affects things that float in water and their real examples 4. Preparing Test Items A total of (25) test items has been developed. Test items were based on three chapters from Grade (9) general science text book. They involved (8) comprehension level items, (7) application level items, (3) analysis level items, (3) synthesis level items and (4) evaluation level items. Test items were constructed in accordance with the advice and guidance of the thesis supervisor and an expert teacher in the field. (a) Validation of Test Items and Conducting Pilot Testing Two expert teachers in the field were asked to examine a pool of (25) items and rate each on its representativeness, relevance and clarity. Pilot testing was conducted in November, 2008 with (30) Grade (9) students. U-L Index method (Stocklein, 1957, cited in 105 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Sevilla, et.al. 1992) is appropriate to determine the test item whether it is suitable or not. Where: Df = Pu +P l 2 Df = difficulty index = Proportion of the Upper 27 Pu percent group who got the item right Pl percent group who got the = Proportion of the lower 27 item right Moreover, it is computed discrimination index of each item using the formula. Ds Ds = Pu - Pl = discrimination index Items with difficulty indices within 0.2 to 0.8 and discrimination indices within 0.3 to 0.8 are retained. 5. Preliminary Evaluation A preliminary evaluation was made for grouping students. These test items were constructed based on two chapters from the Grade (9) general science text book. They included (5) comprehension level items, (3) application level items, (2) analysis level items, (2) synthesis level items and (3) evaluation level items. This preliminary evaluation was made to ensure that students have certain basic science knowledge. 6. Analysis of Individual Differences A teacher needs to match what is taught with the students’ interest and developmental levels. Each student is individually interviewed by the teacher. 1. What is your favourite hobby? 106 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 2. Do you enjoy participating in discussions, speaking and debates (never, seldom, sometimes, often and always)? 3. Do you enjoy performing science experiments (never, seldom, sometimes, often and always)? 4. Do you enjoy classifying plants and animals (never, seldom, sometimes, often and always)? 5. Do you enjoy creating computer programs (never, seldom, sometimes, often and always)? 6. Do you enjoy designing diagrams and concept map (never, seldom, sometimes, often and always)? 7. Do you enjoy building and repairing models and crafts (never, seldom, sometimes, often and always)? 8. Do you enjoy working with others (never, seldom, sometimes, often and always)? 9. Do you enjoy debating controversial issues (never, seldom, sometimes, often and always)? 10. Do you enjoy having the opportunity to choose the activities that you would like to do (never, seldom, sometimes, often and always)? 11. Do you enjoy establishing a small garden (never, seldom, sometimes, often and always)? 12. What do you want to learn next? 7. Instructional Procedure The teacher introduces students by asking questions based on the expected generalization. The teacher relates the lesson to students’ experiences and current understandings. The teacher stimulates students’ desire to learn. Students’ responses and questions give the teacher insight into what the students already know about the lesson to study and their misconceptions as well. (a) Identifying a Problem Three problems such as exploring the Properties of Acids for the first group, finding out the Properties of Bases for the second group and how salt affects things that float in water for the third group Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 107 of the students were identified. The experiment was conducted in Mandalay and Sagaing Divisions. Exploring the Properties of Acids (the first group) (1) Can you find other materials in real life that behave the same way as the acids? (2) Can you explore the properties of acids? (3) Can you differentiate the properties of organic acids and inorganic acids? Finding out the Properties of Bases (the second group) (1) Can you find other materials in real life that behave the same way as the bases? (2) Can you explore the properties of bases? (3) Can you differentiate the strong alkali and weak alkali? How Salt Affects Things That Float in Water (the third group) (1) What kinds of objects float? (2) What kinds of objects sink? (3) How can you find out which small objects will float? (4) What can you do to sink the objects that float? (5) What can you do to float the objects that sank? (6) Can you tell, just by looking at an object, if it will float in water? (7) In what ways can you get a piece of foil to float? (8) Can you make a foil boat? (9) In what ways can you get a piece of foil to sink? (10) How can you get a piece of clay to float? (11) Can you make a clay boat the same size as your foil boat? (12) How do your boats work in saltwater? (13) Can they carry more weight? 108 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (14) Can you find anything that will float in freshwater and sink in salt water? (b) Collecting Data Students collect the data in terms of their problems. Exploring the Properties of Acids (the first group) Students observe sour taste fruits such as lemon fruit by touching with the blue litmus. The students find out depending on litmus whether the substances are acids or bases. They use all their senses to investigate the substances. Finding out the Properties of Bases (the second group) Students investigate bitter taste fruits such as bitter-gourd fruit by touching with the red litmus. The students find out depending on litmus whether the substances are acids or bases. They use all their senses to investigate the substances. How Salt Affects Things That Float in Water (the third group) A plastic bowl is half-filled with water. Small objects such as a piece of wood, pencils, keys, marbles, plastic objects, a piece of leather, rubber erasers and small toy figures are classified by students. Those things are put according to the students’ expectation that they would float, into one group. And, those things are put, according to the students’ expectation that they would sink, into another group. The first group of objects is placed into the water. Students observe what happens, and then remove the objects. Students do the same thing with the other group of objects. (c) Students’ Performance Students discuss according to their findings by group in class. Then, they also record their findings and opinions. Exploring the Properties of Acids (the first group) Students record the substances being properties of acids. They develop concept maps concerning acids’ properties. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 109 Finding out the Properties of Bases (the second group) Students record the substances being properties of bases. They develop concept maps concerning bases’ properties. How Salt Affects Things That Float in Water (the third group) Students list the items that can float in saltwater and cannot float in freshwater. Students enumerate the items that can float in freshwater and sink in saltwater. (1) Minds-on and Hands-on Learning Activities Students are divided into three groups. Each group has at least thirteen students. Exploring the Properties of Acids for the first group, finding out the Properties of Bases for the second group and how salt affects things that float in water for the final group are prepared. The teacher introduces each of the main parts of the lesson to students and move smoothly into each accompanying set of activities. (2) Instructional materials Sour taste fruits, bitter taste fruits, blue litmus and red litmus. Plastic bowls, water, salt, small objects to test, ruler, clay, spoon, and paper. (d) Interpreting Data The teacher guides students to be able to connect existing knowledge with the new concept. Exploring the Properties of Acids (the first group) Classification – Students compare the substances and other materials in an attempt to classify them according to the acids’ properties. Finding out the Properties of Bases (the second group) Classification – Students compare the substances and other materials in an attempt to classify them in terms of bases’ properties. How Salt Affects Things That Float in Water (the third group) Students interpret from the collected data about why objects float or sink. It is important for the teacher to identify students’ 110 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 interpretations. The students could even test several objects and make a list of which ones float or sink. It is important for the teacher, as a facilitator to build the foundation by making the connections between the activities and the students’ everyday lives. (e) Generalization The results should then be generalized with the active participation of the students. Exploring the Properties of Acids (the first group) An acid is a substance which gives hydrogen ions when dissolved in water. In general, acids show the following characteristics: (1) Acids possess a sour taste. (2) Acids turn blue litmus red, methyl orange pink and phenolphthalein colourless. (3) Hydrogen is evolved when certain metals react with acids. (4) Many acids displace carbon dioxide gas from carbonates. (5) They react with basic oxides to form salts and water. Finding out the Properties of Bases (the second group) Any such substance which gives hydroxyl ions (OH) on dissolving in water or react with acids to form a salt and water is called base. A base which is highly soluble in water is called an alkali. In general, bases show the following characteristics: (1) They produce hydroxyl ions in solution and the strength of a base depends upon its degree of ionization. (2) Strong bases possess a bitter taste and soapy touch. (3) They turn red litmus blue and phenolphthalein pink. (4) Bases react with acids to form salts. How Salt Affects Things That Float in Water (the third group) Students would construct the notion that objects that are denser than water will sink in water and those that are less dense than water Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 111 will float in water. Moreover, Objects that are light for their size float and adding salt to the water makes floating easier. 8. Summative Evaluation Exposure to the Inquiry-based learning performance model is given to the experimental group and exposure to the traditional method is given to the control group simultaneously. Then, each group is measured with summative evaluation (a posttest) to compare students’ achievement. In the minds-on and hands-on learning activities, for summative evaluation, there are (5) students in each small group. Then, they are asked to develop concept maps on paper. The concept map is an excellent means to evaluate conceptual understanding. After that, they are tested for one hour by using a science Inquiry-based learning activity record. 9. Feedback If students form misconceptions during investigation, the teacher asks questions to redirect the students to a more accurate path of Inquiry-based learning. Sample Lesson (2) 1. Suitable Content Chapter (4) Energy, Transformation of Energy. The experiment was conducted in Yangon Division. 2. Instructional Goals To improve reasoning ability and critical thinking by building a series circuit and parallel circuit To improve reasoning ability and critical thinking by exploring transformation of energy in real life 3. Performance Objectives To enable the students to construct a series circuit To enable them to create a parallel circuit To investigate the changing forms of energy in real life To explain the transformation of energy with suitable examples 112 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 4. Preparing Test Items A total of (42) test items has been developed. Test items were based on four chapters from Grade (9) general science text book. They involved (12) comprehension level items, (12) application level items, (5) analysis level items, (5) synthesis level items and (8) evaluation level items. Test items were constructed in accordance with the advice and guidance of the thesis supervisor and an expert teacher in the field. (a) Validation of Test Items and Conducting Pilot Testing Two expert teachers in the field were asked to examine a pool of (42) items and rate each on its representativeness, relevance and clarity. Pilot testing was conducted in November, 2008 with (40) Grade (9) students. U-L Index method (Stocklein, 1957, cited in Sevilla, et.al. 1992) is appropriate to determine the test item whether it is suitable or not. Where: Df = Pu +P l 2 Df = difficulty index = Proportion of the Upper 27 Pu percent group who got the item right Pl percent group who got the = Proportion of the lower 27 item right Moreover, it is computed discrimination index of each item using the formula. Ds Ds = Pu - Pl = discrimination index Items with difficulty indices within 0.2 to 0.8 and discrimination indices within 0.3 to 0.8 are retained. 5. Preliminary Evaluation A preliminary evaluation was made for grouping students. These test items were constructed based on three chapters from the Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 113 Grade (9) general science text book. They included (8) comprehension level items, (7) application level items, (3) analysis level items, (3) synthesis level items and (4) evaluation level items. This preliminary evaluation was made to ensure that students have certain basic science knowledge. 6. Analysis of Individual Differences A teacher needs to match what is taught with the students’ interest and developmental levels. Each student is individually interviewed by the teacher. 1. What is your favourite hobby? 2. Do you enjoy participating in discussions, speaking and debates (never, seldom, sometimes, often and always)? 1. Do you enjoy performing science experiments (never, seldom, sometimes, often and always)? 2. Do you enjoy classifying plants and animals (never, seldom, sometimes, often and always)? 3. Do you enjoy creating computer programs (never, seldom, sometimes, often and always)? 4. Do you enjoy designing diagrams and concept map (never, seldom, sometimes, often and always)? 5. Do you enjoy building and repairing models and crafts (never, seldom, sometimes, often and always)? 6. Do you enjoy working with others (never, seldom, sometimes, often and always)? 7. Do you enjoy debating controversial issues (never, seldom, sometimes, often and always)? 8. Do you enjoy having the opportunity to choose the activities that you would like to do (never, seldom, sometimes, often and always)? 9. Do you enjoy establishing a small garden (never, seldom, sometimes, often and always)? 10. What do you want to learn next? 114 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 7. Instructional Procedure The teacher introduces students by asking questions based on the expected generalization. The teacher relates the lesson to students’ experiences and current understandings. The teacher stimulates desire to learn. Students’ responses and questions give the teacher insight into what the students already know about the lesson to study and their misconceptions as well. (a) Identifying a Problem Three problems were identified such as Constructing Series Circuits for the first group, Constructing Parallel Circuits for the second group and Transformation of Energy for the third group. The experiment was conducted in Yangon Division. Constructing Series Circuits (the first group) (1) What does the word series circuit mean? (2) How can you set up a series circuit? (3) How/ where is electricity generated, transported, and used? (4) How does electricity seem to flow in a series circuit? Constructing Parallel Circuits (the second group) (1) What does the word parallel circuit mean? (2) How can you set up a parallel circuit? (3) How/ where is electricity generated, transported, and used? (4) Why do you think buildings are wired in parallel instead of series circuits? Transformation of Energy (the third group) (1) What does the word energy mean? (2) How many forms of energy do you know? (3) Can you explore the sources of energy? (4) Can you explain the transformation of energy with suitable examples? Explain why this happen? (5) How do you understand energy conservation? Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 115 (b) Collecting Data Students collect the data in terms of their problems. Constructing Series Circuits (the first group) Students are provided one battery, three wires, and two light bulbs and to design a series circuit. They are guided in defining a complete circuit and asked the path of electricity through the bulb. Constructing Parallel Circuits (the second group) Students create a circuit with two dimly lit bulbs and another circuit with two brightly lit bulbs. Students are provided two light bulbs, one battery, and four or more wires to produce a parallel circuit. Transformation of Energy (the third group) Students find out the sources of energy. They investigate the transformation of energy with suitable examples in their surroundings. (c) Students’ Performance Students discuss according to their findings by group in class. Then, they also record their findings and opinions. Constructing Series Circuits (the first group) Students use scissors to remove the insulation from the wire ends. They use two bulbs and bulb holders, two batteries, and three wires. Then, they set up the series circuit. They record in their books the various ways they lit the bulbs. They design to draw a diagram the finding. They explore the relationships among the batteries, wires, and bulbs. Constructing Parallel Circuits (the second group) Scissors are used to remove the insulation from the wire ends. Two batteries, two bulbs, three bulb holders and four wires are used to set up the parallel circuit. Then, the students explore the relationships among the batteries, wires, and bulbs. Transformation of Energy (the third group) Energy can be changed from one form to another. Electrical energy changes to heat in hot plates; chemical energy yields heat 116 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 through fires and explosives; mechanical energy (motion) provides the force needed to overcome friction, and in the process heat is released. Heat, in turn, changes to other forms of energy. Hot fuel turns a generator to produce electricity. (1) Minds-on and Hands-on Learning Activities Students are divided into three groups. Each group has at least seven students. Constructing Series Circuits for the first group, Constructing Parallel Circuits for the second group and Transformation of Energy for the final group are prepared. The teacher introduces each of the main parts of the lesson to students and move smoothly into each accompanying set of activities. (2) Instructional materials Bulbs, batteries, and wires. (d) Interpreting Data The teacher guides students to be able to connect existing knowledge with the new concept. Constructing Series Circuits (the first group) Students classify various types of circuits into either series or parallel. Students check individual batteries to ensure that they are producing a current. If a bulb is disconnected from the wire, the other bulbs’ brightness will go out. Constructing Parallel Circuits (the second group) Students installed electricity principle of parallel circuit. They found out the differences between the two circuits. If a bulb is disconnected from the wire, the other bulbs’ brightness will go on. Transformation of Energy (the third group) Energy comes in many forms: Chemical, Electrical, Mechanical, Radiant, Thermal, and Nuclear. The effective uses of energy transformation are described with proper examples. For example, Electrical energy changes to heat in hot plates. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 117 (e) Generalization The results should then be generalized with the active participation of the students. Constructing Series Circuits (the first group) Series circuit means placing electric bulbs in order, with one ahead or behind the next one. In a series circuit, if any wire or bulb is disconnected, all the bulbs go out. This occurs because all the electricity flows through each connected part. For the same reason, adding more bulbs to the circuit causes all the lighted the bulbs to dim. Each resistor cuts down the available flow of electricity. Constructing Parallel Circuits (the second group) Parallel circuit means placing electric wires side by side in a parallel to other. In a parallel circuit, the wires are arranged to by-pass a missing bulb. Therefore, adding more bulbs to the circuit does not noticeably affect bulb’s brightness. Each bulb beyond receives the same flow of electricity. Transformation of Energy (the third group) Investigations on energy-related activities help students construct an understanding of the importance of energy. Energy means the capacity to do work. Energy can be changed from one form to another. In 1938, Bethe proposed that energy from the sun was produced through a cyclical thermonuclear reaction in which hydrogen nuclei interacted with carbon to produce helium and emit gamma rays. Much of these reactions occur at the core or centre of the Sun. Vast amounts of energy are produced in this manner. The main mode of energy transfer in the core comes from radiation. Different sources of energy are the sun, wind, water, earth and nuclear fuel. Energy neither destroys nor creates. Energy can transform one form to another. For examples, Chemical energy yields heat through fires and explosives; hot fuel turns a generator to produce electricity. 8. Summative Evaluation Exposure to the Inquiry-based learning performance model is given to the experimental group and exposure to the traditional method is given to the control group simultaneously. Then, each group is 118 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 measured with summative evaluation (a posttest) to compare students’ achievement. In the minds-on and hands-on learning activities, for summative evaluation, there are (5) students in each small group. Then, they are asked to develop concept maps on paper. The concept map is an excellent means to evaluate conceptual understanding. After that, they are tested for one hour by using a science Inquiry-based learning activity record. 9. Feedback If students form misconceptions during investigation, the teacher asks questions to redirect the students to a more accurate path of Inquiry-based learning. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 A Study of the Impact of Mathematics Anxiety on Students’ Achievement in Basic Education Middle Schools Cherry Htun Abstract This study aimed at investigating the impact of mathematics anxiety on students' achievement in the basic education middle schools. Quantitative methodology was mainly used to investigate the mathematics anxiety and achievement. The design adopted was a descriptive research design. Four townships were randomly selected from four districts in Yangon Region. One high school and two middle schools from each township were selected by using stratified random sampling technique. The population in this study consisted of (593) Grade Nine students and (62) teachers who teach mathematics. In the collection of data, three instruments, mathematics anxiety scale questionnaire for junior teachers, mathematics anxiety scale questionnaire for Grade Nine students, and mathematics achievement test were employed. The Cronbach' s alpha (α) of mathematics anxiety scale questionnaire for junior teachers was (.933) and for Grade (9) students was (.954) respectively. Mathematics achievement test involved thirty multiplechoice items with five options. One-way ANOVA was performed to ascertain whether there were differences in mathematics anxiety among the selected schools. Results showed that the level of mathematics anxiety differed significantly among the selected schools. Independent samples ttest was used to see the differences between mean scores of mathematics anxiety in terms of gender. According to the results, female students showed more anxiety towards mathematics than male students. Pearson product-moment correlation was used to assess the correlation between mathematics anxiety and mathematics achievement test scores. The results revealed that teachers' mathematics anxiety was positively associated with students' mathematics anxiety. Findings also indicated a negative correlation between mathematics anxiety of students and mathematics achievement. This result showed that higher achievement consistently accompanied reduction in mathematics anxiety. Research findings proved that teachers’ mathematics anxiety and students’ mathematics anxiety have negative effect on the achievement of mathematics. Key words: mathematics anxiety, mathematics achievement Introduction Mathematics has been the backbone of the civilization. National Policy on Education (1986, cited in Sharan & Sharman, 2009) asserted that mathematics should be visualized as the vehicle to train a child to think PM-7,M.ED(Second Year), Department of Methodology, Yangon Institute of Education 120 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 reason, analyse, and articulate logically. In today's high-tech world, mathematics is truly the gateway to engineering all scientific and technology field. Posamentier and Stepelman (1986) stated that skill in mathematics is the key to success in a great many of the most powerful and prestigious jobs in the highly technical society. Although mathematics plays a vital role in the life most of the students are anxious about mathematics. Posamentier and Stepelman (1986) also indicated that students with mathematics anxiety learn little mathematics; what they do learn they memorize without understanding, and they forget that little bit as soon as they can. It is time, therefore, that mathematics teachers recognize that mathematics anxiety is a real problem in the teaching and learning of mathematics. Tanner and Lindgren (1971) stated that high anxiety in children can result in poor school achievement and behavior problems. Poor performance in mathematics can result in poor achievement in the other science subjects. Poor achievement in science subjects can effect in the technological development of the nation. The effect of mathematics anxiety on Myanmar students' achievement is the key issue to be considered for the improvement of the nation. The present study was intended to investigate the impact of mathematics anxiety on students' achievement at the basic education middle level. There are two reasons to conduct this study. First, as developing the habit of thinking mathematically thereby fostering the attitude of appreciating the importance of mathematics in life is one of the main aims for mathematics education in Myanmar, researcher wanted to know that mathematics anxiety really an obstacle for the achieving of this aim. Since many believe that mathematics anxiety is a serious obstacle in students' learning of mathematics, researcher believes that more effort on studies about the impact of mathematics anxiety of teachers and students in Myanmar's educational setting is needed. In fact, it appears that the majority of the available studies on this issue have been carried out in many countries. With the scarcity of local research in this area, the contribution of the present research will be significant in providing local data that are pertinent in documenting the mathematics anxiety of Grade Nine students in Myanmar. 121 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Research Hypotheses 1. There will be a relationship between mathematics anxiety and achievement in Grade Nine students. 2. There will be a relationship between teachers' mathematics anxiety and their students' mathematics anxiety. 3. There will be a relationship between teachers' mathematics anxiety and their students' mathematics achievement. 4. There will be a difference between mathematics anxiety of male students and of female students. Method This study is concerned with mathematics anxiety in both teachers and students from the selected schools. Teachers' mathematics anxiety, students' mathematics anxiety, and students' mathematics achievement were examined in this study to be able to determine whether mathematics anxiety has impact on students' achievement or not. The research design for the study was a descriptive research design, in which the researcher seeks to determine whether a relationship exists between two or more quantifiable variables (mathematics anxiety and mathematics achievement). In this study, quantitative method was used to investigate mathematics anxiety and mathematics achievement. Population and Sample All participants in the sample were Grade Nine students and junior teachers who teach mathematics in their classrooms. This study was conducted in Yangon Region. There are four districts in the Yangon Region. One township for each district was randomly selected. The sample schools for the study were selected by using stratified random sampling technique. One high school and two middle schools from each township were selected as the sample schools. Table 1 Population and Sample Size No. Township School No. of Students No. of Teachers Population Male Female Total 1 Tamwe BEHS 2 10 296 25 25 50 2 Tamwe BEMS 2 3 69 25 25 50 122 No. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Township School No. of Students No. of Teachers Population Male Female Total 3 Tamwe BEMS 3 4 157 34 16 50 4 Hlaing BEHS 4 8 208 39 11 50 5 Hlaing BEMS 4 4 99 25 25 50 6 Hlaing BEMS 7 5 100 25 25 50 7 Mingaladon BEHS 1 8 404 25 25 50 8 Mingaladon BEMS 4 7 231 28 22 50 9 Mingaladon BEMS 5 4 125 33 17 50 10 Kyauntan BEHS 1 4 206 25 25 50 11 Kyauntan BEMS Myoma 3 48 20 28 48 12 Kyauntan BEMS Yetutyin 2 45 19 26 45 62 1988 313 280 593 Total Note: BEHS = Basic Education High School BEMS = Basic Education Middle School Instruments In this study, a questionnaire for teachers' mathematics anxiety, a questionnaire for students' mathematics anxiety and an achievement test for Grade Nine student were used as the instruments. Questionnaire for Teachers' Mathematics Anxiety Mathematics anxiety scale questionnaire for the teachers was developed by the researcher based on two dimensions by McAnallen (2010). In this research, questionnaire was modified and constructed in Myanmar language. Questionnaire for teachers' mathematics anxiety consisted of (26) items on a five point Likert-type scale of 1 to 5 and two open-ended questions. Items 1, 2, 5, 6, 9, 10, 11, 13, 14, 15, 16, 17, 19, 20, 21, 23, 24 and 26 are Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 123 positive items. Items 3, 4, 7, 8, 12, 18, 22 and 25 are negative items. For positive items, the score closer to 1 indicated "Strongly Agree" and "Strongly Disagree" was indicated by the score closer to 5. For negative items, the score closer to 1 indicated "Strongly Disagree" and 5 indicated "Strongly Agree". According to pilot study, the internal consistency (α) of the scale for teachers' anxiety scale was (.933). Questionnaire for Students' Mathematics Anxiety Mathematics anxiety scale questionnaire for students was developed by the researcher based on the dimensions of anxious by Meece (1981) and the dimensions of school anxiety by Phillips (1966). In this study, the questionnaire includes scale items for six major dimensions. They are as follows. (1) (2) (3) (4) (5) (6) Dislike Discomfort Lack of Confidence Negative Evaluation by Others Worry and Fear Confusion and Frustration Instrument items were modified and reconstructed in Myanmar language. Questionnaire for students' mathematics anxiety was (44) items on a five point Likert-type scale of 1 to 5. The first dimension, dislike was measured from "Strongly Happy" to "Strongly Unhappy" on five point Likerttype scales. The rest dimensions were measured from "Strongly Disagree" to "Strongly Agree" on a five point Likert-type scale. According to pilot study, the internal consistency (α) of the scale for students' anxiety scale was (.954). Instrument for Students' Mathematics Achievement In order to measure the mathematics achievement of the students, an instrument was constructed. It is based on the content area of Grade Nine mathematics textbook prescribed by the Department of Education, Planning and Training, Myanmar. This test is a 30 items multiple choice test and each item consists of five alternatives. This test includes (17) chapters: (13) chapters from mathematics textbook volume I (2011) and (4) chapters from mathematics textbook volume II (2011). The difficulty indices and discrimination indices of the items were within the acceptable range of (0.20) to (0.73) and (0.33) to (0.73). The test items are scored manually, each correct answer scored one mark while, a wrong answer is scored zero. 124 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Procedure First of all, the researcher explored the relevant literature concerning with the research. Secondly, in order to get the required data, the researcher constructed the instruments under the guidance of the supervisor. Content validity was determined by expert judgment. After getting the validity of these instruments, pilot testing was conducted. The pilot testing for the instruments was conducted in January, 2012. Overall, students and teachers did not have much difficulty in answering the questions. Nevertheless, based on the pilot, some items were modified for the final version for easier and clearer understanding. After the pilot test, the major survey was conducted in January, 2012. The modified instruments were distributed to all participants of the twelve sample schools and administered with the help of the teachers of those schools in January 2012. After three weeks all instruments were returned, and then the data were entered into a computer data file and were analyzed using the Statistical Package for the Social Science (SPSS 16). Findings The data were analyzed by using descriptive statistics (mean, standard deviation and correlation), one-way ANOVA, independent samples t-test and Pearson product-moment correlation. Table 2 Mean Scores of Teachers' Mathematics Anxiety in the Selected Schools No. of School Teachers Mean Standard Deviation Minimum Maximum 1 10 43.30 5.31 36 55 2 3 88.33 7.77 82 97 3 4 81.00 6.98 72 89 4 8 87.12 6.75 81 101 5 4 89.25 9.84 84 104 6 5 88.40 5.03 82 93 7 8 40.75 5.18 33 48 8 7 111.00 4.62 102 115 125 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 No. of School Teachers Mean Standard Deviation Minimum Maximum 9 4 112.25 11.87 99 125 10 4 110.00 3.68 106 114 11 3 45.00 4.58 41 50 12 2 94.00 8.49 88 100 Total 62 77.95 27.91 33 125 It showed that the comparison of the mean scores of teachers' anxiety by schools. According to the results, the lowest mean score and the highest mean score were (40.75) and (112.25) respectively. It was found that the anxiety level of Basic Education High School No. (1), Mingaladon was the lowest and the anxiety level of Basic Education Middle School No. (5), Mingaladon was the highest among the selected schools. Table 3 ANOVA Results of Teachers' Mathematics Anxiety in the Selected Schools Sum of Squares df Mean Square F Sig. Between Groups 45401.01 11 4127.37 97.44 .000 Within Groups 2117.84 50 42.36 Total 47518.86 61 It was found that there were significant differences among the schools concerning the teachers' mathematics anxiety, (F (11, 50) = 97.44, p < .001). This means that mathematics anxiety of the teachers differs among the selected schools. 126 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 4 Percentage of School Groups (Teachers' Anxiety) Anxiety Level Number of School Percent High 3 25 Moderate 6 50 Low 3 25 Total 12 100 Table 4 shows the anxiety level of the teacher in schools based on the mean scores of teachers' anxiety. It was divided into three groups, namely, high, moderate, and low. The full score of the teachers' anxiety scale was 130. The average mean score and standard deviation was (77.95) and (27.91) respectively. If the average mean score in the school was higher than (105.86), it would be defined as high anxiety group. If the average mean score was between (50.04) and (105.86), it would be defined as moderate anxiety group. If the average means score was below (50.04), it would be defined as low anxiety group. In addition, it is necessary to examine the percentage of teachers who have the anxiety of low, moderate and high in all participant teachers. Therefore, descriptive statistics (percentage) was used to examine the percentage of teachers who have the anxiety of low, moderate and high. The number of teachers who got low, moderate, and high level of mathematics anxiety were (20), (28), and (14) respectively. This result shows that the percentages of low, moderate and high anxiety teachers were (32%), (45%) and (23%) respectively. 127 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 5 Mean Scores of Students' Mathematics Anxiety in the Selected Schools School No. of Students Mean Standard 1 50 72.38 12.36 45 111 2 50 131.32 23.62 89 180 3 50 117.44 22.20 76 164 4 50 137.24 18.83 96 169 5 50 94.12 21.80 44 129 6 50 91.44 21.06 55 159 7 50 72.82 11.62 48 105 8 50 159.38 16.44 110 220 9 50 161.98 16.61 135 220 10 50 152.28 20.85 104 189 11 48 76.15 12.82 44 97 12 45 97.84 23.22 61 172 Total 593 113.96 37.63 44 220 Deviation Minimum Maximum According to the results, the lowest mean score and the highest mean score were (72.38) and (161.98) respectively. It was found that the anxiety level of Basic Education High School No. (1), Mingaladon was the lowest and the anxiety level of Basic Education Middle School No. (5). Mingaladon was the highest among the selected schools. 128 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 6 ANOVA Results of Students' Mathematics Anxiety in the Selected Schools Sum of Squares df Mean Square F Sig. Between Groups 626558.88 11 56959.90 156.09 .000 Within Groups 212020.15 581 364.920 Total 838579.03 592 It was found that there was significant difference among the schools concerning the students' mathematics anxiety, (F (11, 581) = 156.09, p < .001). This means that mathematics anxiety of students differs among the selected schools. Table 7 Percentage of School Groups (Students' Anxiety) Anxiety Level Number of School Percent High 3 25 Moderate 6 50 Low 3 25 Total 12 100 Table 7 indicates the anxiety level of the students' anxiety in schools based on the mean scores of students' anxiety. It was divided into three groups, namely, high, moderate, and low. The full score of the teachers' anxiety scale was (220). The average mean score and standard deviation was (113.96) and (37.63) respectively. If the average mean score in the school was higher than (151.59), it would be defined as high anxiety group. If the average mean score was between (76.33) and (151.59), it would be defined as moderate anxiety group. If the average mean score was below (76.33), it would be defined as low anxiety group. 129 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 In addition, it is necessary to examine the percentage of students who have the anxiety of low, moderate and high. Therefore, descriptive statistics (percentage) was used to examine the percentage of students who have the anxiety of low, moderate and high. The number of students who gained low, moderate, and high level of mathematics anxiety were (135), (330), and (128) respectively. The result shows that the percentages of low, moderate and high anxiety of students were (23%), (55%) and (22%) respectively. The following pie chart points out the percentage of students according to their anxiety level. Table 8 t – Values for Students' Mathematics Anxiety in terms of Gender Standard Mean Deviation Difference Gender No. of Students Mean Males 313 107.70 36.96 Females 280 119.56 37.41 -11.86 t df p -3.88 591 .000*** Note: ***p<.001 Table 8 shows that male students were significantly different from the female students on mathematics anxiety (p <.001). Inspection of the two groups' means indicated that the average score of anxiety (107.70) for the male student was significantly higher than the average score of anxiety (119.56) for the female student. It can be interpreted that the anxiety level of the female students was higher than the anxiety level of the male students. Table 9 Mean Scores for Students' Mathematics Achievement in the Selected Schools School No. of Students Mean Standard 1 50 23.20 2.30 20 27 2 50 11.34 3.99 3 18 3 50 13.70 4.70 4 25 4 50 9.58 2.28 4 15 5 50 23.38 3.81 11 28 Deviation Minimum Maximum 130 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 School No. of Students Mean Standard 6 50 18.24 4.09 12 27 7 50 24.81 1.56 21 28 8 50 8.08 2.03 4 11 9 50 6.70 2.09 2 11 10 50 6.68 1.82 3 9 11 48 24.27 2.08 20 28 12 45 18.67 3.35 8 24 Total 593 15.61 7.43 2 28 Deviation Minimum Maximum It shows that the comparison of the mean scores of students' achievement for all selected schools. According to results, the lowest mean score and the highest mean score were (6.68) and (24.81) respectively. It was found that the achievement level of Basic Education High School No. (1), Mingaladon was the highest and the achievement level of Basic Education Middle School No. (5), Mingaladon was the lowest among the selected schools. Table 10 ANOVA Results of Students' Mathematics Achievement in the Selected Schools Sum of Squares df Mean Square Between Groups 13857.68 11 1259.79 Within Groups 8700.95 581 14.96 Total 22558.62 592 F Sig. 84.12 .000 . It was found that there was significant difference among the schools concerning the students' mathematics achievement, (F (11, 581) = 84.12, p < .001). This means that mathematics achievement of students differs among the selected schools. 131 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 11 Percentage of School Groups (Students' Achievement) Anxiety Level Number of School Percent High 4 33 Moderate 5 42 Low 3 25 Total 12 100 Table 11 shows the students' mathematics achievement in schools based on the mean scores of students' achievement. It was divided into three groups, namely, high, moderate, and low. The full score of the students' mathematics achievement test was 30. The average mean score and standard deviation were (15.61) and (7.43) respectively. If the average mean score in the school was higher than (23.04), it would be defined as high achievement group. If the average mean score was between (8.18) and (23.04), it would be defined as moderate achievement group. If the average mean score was below (8.18), it would be defined as low achievement group. In addition, it is necessary to examine the percentage of students who have the achievement of low, moderate and high in all participant students. Therefore, descriptive statistics (percentage) was used to examine the percentage of students who have the achievement of low, moderate and high. The number of students who possessed low, moderate, and high level of mathematics achievement were (141), (329), and (123) respectively. The result shows that the percentages of low, moderate and high achievement of students were (24%), (55%) and (21%) respectively. Table 12 Mathematics Anxiety and Achievement Level in the Selected Schools School No. Teachers' Anxiety Level Students' Anxiety Level Students' Achievement Level 1 L<50.41 L < 76.33 H > 23.04 2 50.41 < M <100.39 76.33 < M <151.59 8.18 < M < 23.04 3 50.41 < M <100.39 76.33 < M <151.59 8.18 < M < 23.04 132 School Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 No. Teachers' Anxiety Level Students' Anxiety Level Students' Achievement Level 4 50.41 < M <100.39 76.33 < M <151.59 8.18 < M < 23.04 5 50.41 < M <100.39 76.33 < M <151.59 H > 23.04 6 50.41 < M <100.39 76.33 < M <151.59 8.18 < M < 23.04 7 L<50.41 L < 76.33 H > 23.04 8 H > 100.39 H > 151.59 L < 8.18 9 H > 100.39 H > 151.59 L < 8.18 10 H > 100.39 H > 151.59 L < 8.18 11 L<50.41 L < 76.33 H > 23.04 12 50.41 < M <100.39 76.33 < M <151.59 8.18 < M < 23.04 Note: L = Low Level M = Moderate Level H = High Level Table 13 Correlation between Teachers' Mathematics Anxiety and Students' Mathematics Anxiety Correlations Teachers' Students' Anxiety Anxiety Pearson Correlation Teachers' Anxiety Students' Anxiety 1 Sig. (2-tailed) .854** .000 N 12 12 Pearson Correlation .854** 1 Sig. (2-tailed) .000 N 12 ** Correlation is significant at the 0.01 level (2-tailed) 12 133 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 This result shows that there was a significant correlation between teachers' mathematics anxiety and students' mathematics anxiety. The result shows that the direction of correlation was positive. This means that if the anxiety level of teachers is high, the anxiety level of their students is likely to be high or if the anxiety level of teachers is low, the anxiety level of their students is likely to be low. Table 14 Correlation between Teachers' Mathematics Anxiety and Students' Mathematics Achievement Correlations Pearson Correlation Teachers' Anxiety Students' Achievement Teachers' Anxiety Students' Achievement 1 -.822** Sig. (2-tailed) .001 N 12 12 Pearson Correlation -.822** 1 Sig. (2-tailed) .001 N 12 12 ** Correlation is significant at the 0.01 level (2-tailed) This means that if the anxiety level of teachers is high, the achievement level of their students will be low or if the anxiety level of teachers is low, the achievement level of their students will be high. Table 14 shows the correlation between teachers' anxiety and students' achievement. This results show that there was a significant correlation between teachers' mathematics anxiety and students' mathematics achievement. 134 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table 15 Correlation between Students' Anxiety and Achievement Correlations Students' Anxiety Students' Achievement 1 -.975** Pearson Correlation Students' Anxiety Students' Achievement Sig. (2-tailed) .000 N 12 12 Pearson Correlation -.975** 1 Sig. (2-tailed) .000 N 12 12 **. Correlation is significant at the 0.01 level (2-tailed) It was found that there was a significant correlation r (10) = -.98, p < .001. The result shows that the direction of correlation was negative. This means that if the anxiety level of students is high, the achievement level of these students will be low or if the anxiety level of students is low then the achievement level of these students will be high. Table 15 shows the correlation between students' mathematics anxiety and students' mathematics achievement. This result shows that there was a significant correlation between students' mathematics anxiety and their achievement. Table 16 Relationship of Teachers' Anxiety, Students' Anxiety and Students' Achievement Correlations Teachers' Anxiety Teachers' Anxiety Pearson Correlation Sig. (2-tailed) 1 Students' Students' Achievemen Anxiety t .854** -.822** .000 .001 135 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Students' Anxiety Students' Achievement Pearson Correlation .854** Sig. (2-tailed) .000 Pearson Correlation -.822** -.975** Sig. (2-tailed) .001 .000 1 -.975** .000 1 **. Correlation is significant at the 0.01 level (2-tailed) Results 1. For teachers' mathematics anxiety, the percentages of low, moderate, and high level of anxiety in all participant teachers are (32%), (45%), and (23%) respectively. 2. There are significant differences in teachers' mathematics anxiety among all selected schools. 3. For students' mathematics anxiety, the percentages of low, moderate, and high level of anxiety in all participant students are (23%), (55%) and (22%). 4. There are significant differences in students' mathematics anxiety respectively among all selected schools. 5. For students mathematics achievement, the percentages of low, moderate, and high level of mathematics achievement are (24%), (55%) and (21%) respectively. 6. There are significant differences in students' mathematics achievement among all selected schools. 7. Mathematics anxiety of teachers has positively correlated with mathematics anxiety of students. 8. Mathematics anxiety of teachers has negatively correlated with mathematics achievement of students. 9. Mathematics anxiety of students has negatively correlated with their mathematics achievement. 10. Mathematics anxiety level of female students is higher than male students. Discussion According to the results of this study, it was found that (22.6%) of teachers possessed high level of mathematics anxiety and (45.2%) possessed moderate anxiety. The present result is consistent with the finding of Levine 136 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (1996) who found that "a disproportionately large percentage of elementary teachers experience high level of mathematics anxiety". This leads to doubts regarding their effectiveness in teaching. Moreover, teachers should make well preparation about lesson before he / she enters the classroom in order to teach mathematics and should think ahead what kind of questions can arise from the students. Therefore, they can get more confidence in their teaching. Moreover, teachers must re-examine the traditional teaching methods that often do not match the students learning styles and teaching skills need to be productive in society. Lessons must be presented in a variety of ways. Mathematical concepts should be taught through play acting, cooperative groups, visual aids, and CAI (Computer Aided Instruction). Teachers should be comfortable with the mathematics they are teaching as well as with their classes. Students are perceptive about the likes and dislikes of their teachers, and their own behavior and attitudes will reflect what they perceive as their teacher's attitude. As regards with students' anxiety, the study indicates that over onehalf population of students (55.6%) have moderate level of mathematics anxiety, while among the remaining students nearly one-half of population falls into low anxiety group (22.8%), in contrast, the rest group consisting of (21.6%) of the total population has high anxiety towards mathematics. Like other countries, Myanmar students are facing with mathematics anxiety. In addition, there was a positive relationship between teachers' anxiety and students' anxiety. The results comply with Tobias (1981) who found that "math-anxious teachers can result in math-anxious students". Moreover, Wood and Meece (1988) also found that teachers who possess medium or high level of mathematics anxiety may unintentionally transmit their avoidance and fear of mathematics to their students. In every classroom, students of various anxiety levels are learning mathematics. Therefore, teacher should be aware of the needs and the capabilities of the students with different mathematics anxiety levels when designing teaching strategies for them. Teachers should provide opportunities for students to work together in small groups so that they may discuss and explore problem solving techniques. Moreover, teachers should not assign a large number of exercises for homework as a punishment for misbehavior. This may cause anxiety. There could be other variables that have significantly influenced the students' achievement that were not identified and explored in this study. In the present study, the results pointed out male and students have statistically significant differences in mathematics anxiety. Female students' Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 137 anxiety level is statistically significantly higher than male students' anxiety. Results regarding gender and mathematics anxiety are parallel to those of Luo, Wang, and Luo (2009) who found females exhibit more mathematics anxiety than males in secondary schools and in colleges. However, this finding is not consistent with the findings of Gierl and Bisanz (1995) who did not find any difference between mathematics anxiety scores of male and female students. It can be suggested that teachers should treat boys and girls equally and give more opportunities to discuss in the classroom. In this study, (23.8%) of students gained low level of mathematics achievement. In Pearson product correlation, the results show that students' mathematics achievement is negatively associated with their anxiety level. That is to say, high-anxiety usually occurs among poorly achieving students. This result is consistent with the result of Hembree (1990) who noted that "mathematics anxiety seriously constrains performance in mathematical tasks and reduction in achievement. And it is also consistent with Norwood (1994) and Wigfield and Meece (1988). Ashcraft and Kirk (2001) also demonstrated that high mathematics anxiety is associated with smaller working memory capacity and consequently poor performance in mathematics. It can be suggested that in the teaching process, teachers should pay more attention to low-achieving students, help them to improve their learning and improve learning efficiency, and then reduce their mathematics anxiety. Slow students face frustration and anxiety when they are in a class of all competing to get the correct answer first. Give these students a chance in a small group setting. Teachers should use alternative method and do not focus only on answers of the students, but on how the solution was gotten. Mathematics teachers should emphasize on a process rather than a product. All reasonable attempts and efforts should be recognized and praised. Moreover, it was also found that mathematics anxiety of teachers has a negative relationship with students' mathematics performance or achievement. This means that if the mathematics anxiety of teachers is high, the achievement of students will be low. The results agree with the findings of Williams (1988) who found that mathematics anxiety has serious consequences in both daily life and in work, and has its roots in teaching and teachers and has been tied to poor academic performance of students. The results of this study provide evidence that mathematics anxiety has an important effect in mathematics education that cannot be ignored. This goes on to suggest that teacher should consider that how to reduce students' 138 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 anxieties by finding a better ways to teach mathematics. Teachers need to be aware of the effects of anxiety on students' achievement. They should make an effort to lessen anxiety on these students. Teachers should develop teaching strategies that help highly anxious students. Woodard (2004) suggested the following techniques: create an environment in which students do not feel threatened and allow them to relax, use cooperative grouping. It helps students to understand that others have the same problems as they do, and teach at a slow pace. It can help students better comprehend the material being taught. With all these efforts it can be a positive force in reducing mathematics anxiety. Mathematics teacher should show their students a sincere, caring attitude to help them overcome mathematics anxiety (Woodard, 2004). Teachers should use these techniques in order to reduce their students' mathematics anxiety and improve mathematics achievement. Furthermore, parents should also maintain an active role when encouraging their children to incorporate mathematics into their daily routine. Parents and teachers can also help students realize, that myths such as the general feeling that mathematics aptitude is genetic and mathematics is a male domain, is simply not true. Conclusion The primary purpose of this study is to study the impact of mathematics anxiety on Grade Nine students' achievement in Basic Education Middle Schools in Yangon Region. Quantitative research methodology was mainly used to investigate the mathematics anxiety and achievement. The design adopted in this study was a descriptive research. There are four districts in Yangon Region: East, West, South, and North. One township from each district was randomly selected. Four townships were included to carry out the research work. From each township, one Basic Education High School and two Basic Education Middle Schools were selected. Therefore, four Basic Education High Schools and eight Basic Education Middle Schools were included in this study. To obtain the required data, all mathematics teachers who teach mathematics in the middle school level from the selected schools were included in this study. A total of (593) student was selected by using systematic random sampling method. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 139 The instruments used in this study were a mathematics anxiety scale questionnaire for junior teachers, a mathematics anxiety scale questionnaire for Grade Nine students and a mathematics achievement test. The internal consistencies of teachers' anxiety questionnaire and students' anxiety questionnaire were also found to have (.933) and (.954) respectively. The difficulty indices and discrimination indices of the items were within the acceptable range of (0.20) to (0.73) and (0.33) to (0.73). In each school, two questionnaires and achievement test were administered with the help of headmasters and headmistresses to collect the required data. After collecting the data, analysis of data was carried out by using descriptive statistics (mean, standard deviation, and correlation). In this study, the average mean score of teachers' anxiety is (77.95) and the standard deviation is (27.91). Moreover, the results show that (32.3%) of teachers were found at low anxiety level, (45.2%) of teachers were found at moderate, and (22.6%) of teachers were found at high anxiety. ANOVA results show that there were significant differences among the schools concerning the teachers' mathematics anxiety level. Therefore, mathematics anxiety of the teachers differs among the selected schools. Moreover, of the total twelve schools, three schools were found in high anxiety group, six were moderate, and three were low. As regards the students' anxiety level, the average mean score is (113.96) and average standard deviation is (37.63). The results show that (22.8%) of students were found at low anxiety level, (55.6%) were moderate, and (21.6%) were high. Moreover, there was a significant difference among the schools concerning students' anxiety. The number of schools which were found at low, moderate and high anxiety levels is three, six, and three respectively. According to t-values for students' anxiety, the results show that the male students and the female students have statistically significant differences in mathematics anxiety. The average mean score of male students' anxiety is (107.70) and that of the female students' anxiety is (119.56). Female students' anxiety level is statistically significantly higher than male students' anxiety level. In order to examine the achievement of the students, mathematics achievement test was administered in the selected schools. The average mean score of mathematics achievement is (15.61) and the average standard deviation is (7.43). Therefore, the results show that (23.8%) of students were found at low achievement level, (55.5%) of students were in moderate, and 140 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (20.7%) of students were high. ANOVA results show that there were significant differences among the schools concerning the students' achievement level. Therefore, mathematics achievement of students differs among the selected schools. Moreover, of the total twelve schools, three schools were found in high achievement, six schools were moderate, and three schools were low. Furthermore, there was a positively relationship between teachers' mathematics anxiety and students' mathematics anxiety. This means that if teachers' anxiety is high, anxiety of students will also be high. The relationship between teachers' mathematics anxiety and students' achievement was negative. This indicated that if the anxiety level of teachers is high, the achievement level of students will be low. Likewise, the correlation between students' mathematics anxiety and their achievement was negative. This result points out that students with high mathematics anxiety scored lower in achievement. Although mathematics anxiety cannot be only one reason for low achievers in mathematics, it is one of the reasons for low achievement of the students. A better understanding of mathematics anxiety is needed in order to help students overcome this problem. This study cannot point out the ways to overcome the problems of mathematics anxiety among students; however, it can give evidence that mathematics anxiety impact on students' mathematics achievement. This means that if the anxiety level of students is high, the achievement level of these students will be low or if the anxiety level of students is low then the achievement level of these students will be high. Therefore, today mathematics teachers should consider this affect to become effective teachers. Acknowledgements Firstly, I would like to offer respectful gratitude to Dr. Aung Min, Rector, Yangon Institute of Education and Dr. Pyay Thein, Pro-Rector of Yangon Institute of Education, who allowed me to do this thesis. Secondly, I would like to express my thanks to Professor Dr. Soe Than, Head of Methodology Department, Yangon Institute of Education, who lovingly and patiently guided me throughout this study. This master thesis certainly would not have been existed without the encouragement, valuable advice, and guidance of Dr. Naing Naing Thein. Therefore, I would like to thank my external examiner, Dr. Naing Naing Thein (Assistant Lecturer, Department of Methodology, Sagaing Institute of Education) for all her work, patience and support. I would like to express my heartfelt gratitude to my supervisor Dr. Khaing Khaing Lwin, Assistant Lecturer, Yangon Institute of Education, for her guidance, support, attention to detail, analytical skill, Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 141 willingness to spend hours working with me to shape my research and focus my writing. Without her guidance and instruction, this work would not have been accomplished. Special thanks go to Daw Yi Yi Lynn (Lecturer, Department of Methodology, Yangon Institute of Education) and Dr. Wai Wai Oo (Assistant Lecturer, Yangon Institute of Education) for all their support, guidance and valuable advice. I am also profoundly grateful to all my teachers for their support and guidance and friends, for their love and patience and the librarians and staff of Yangon Institute of Education for their necessary help in carrying out this research. My special appreciation goes to all participants in this study. I owe my special gratitude to my beloved parents for their warm support and kindness. References Ashcraft, M. H., & Kirk, E. P. (2001). The relationships among working memory, math anxiety, and performance. Journal of Experimental Psychology- General, 130(2), 224-237. Gierl, M. J., & Bisanz, J. (1995). Anxieties and attitudes related to mathematics in grade 3 and 6. Journal of Experimental Education, 63(2), 139-158. Hembree, R. (1990). The nature, effects, and relief of mathematics anxiety. Journal for Research in Mathematics Education, 21(1), 33-46. Levine, G. (1996). Closing the gender gap: Focus on mathematics anxiety. Contemporary Education, 67(1), 42-45. Luo, X., Wang, F., & Luo, Z. (2009). Investigation and analysis of mathematics anxiety in middle school students. Journal of Mathematics Education, 2(2), 12-19. McAnallen, R. R. (2010). Examining Mathematics Anxiety in Elementary Classroom Teachers, University of Connecticut (Unpublished). Meece, J. (1981). Individual Differences in the Affective Reactions of Middle and High School Students to Mathematics: A Social Cognitive Perspective, University of Michigan (Unpublished). Norwood, K. (1994). The effect of instructional approach on math anxiety and achievement. School Science and Mathematics, 94(5), 284-254. Phillips, B. N. (1966). An Analysis of Causes of Anxiety among Children in School. Final Report, Project No. 2616. Bethesda, Md: U. S Department of Health, Education, and Welfare, Office of Education. University of Texas, Austin. Posamentier, A. S., & Stepelman, J. (1986). Teaching Secondary School Mathematics: Techniques and Enrichment Units (2nd ed.). London: A Bell & Well Company. 142 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Sharan, R., & Sharma, M. (2009). Teaching of Mathematics. New Delhi: APH Publishing Corporation. Tanner, L., & Lindgren, H. (1971). Classroom Teaching and Learning: A Mental Health Approach. San Francisco: Holt Rinehart and Winston, Inc. Tobias, S. (1981). Stress in the math classroom. Learning, 9(6), 34-38. Wigfield, A., & Meece, J. L. (1988). Math anxiety in elementary and secondary school students. Journal of Education Psychology, 80(2), 210-216. Williams, W. V. (1988). Answer to questions about maths anxiety. School Science and Mathematics, 88(2), 95-104. Wood, E. F., & Meece, J. L. (1988). Math anxiety and elementary teachers: What does research tell us? For the Learning of Mathematics, 8(1), 8-13. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Legal Aspect of Polygamy under Myanmar Customary Law* Thi Thi Lwin Abstract A polygamous marriage may be defined as voluntary union for life of one man with one or several wives. Myanmar Customary Law allows a man to marry as many wives as he can maintain. A Buddhist may marry two or more women at the same time and all have the status of a wife and not that of a concubine. Although a subsisting marriage is no bar to a subsequent marriage of the man, a subsisting marriage is a bar to another marriage of the woman. Polygamy on the part of the husband is recognized but not polyandry on the part of the wife. However adultery on the part of the husband and taking another wife by the husband are amount to matrimonial faults under Myanmar Customary Law. In fact Myanmar Buddhists are rather monogamous than polygamous owing to the religious belief and social value. Key words: polygamy, subsisting marriage, subsequent marriage, adultery, matrimonial faults. Introduction Myanmar Customary Law is the personal law of Myanmar people professing the Buddhist religion. It is mainly concerned with such family matters as marriage, divorce, adoption, succession and inheritance, matrimonial rights. The Myanmar Customary Law recognizes the polygamy. Its major characteristic is the capacity of the man to as many wives as he pleases and not the consent of the senior wife as asserted by a human rights activist. But if the husband marries another wife without the consent or agreement of the first wife, the first wife has the right to divorce. If there is adultery on the part of the husband, the wife may be entitled to resist a claim by the husband for restitution of conjugal right. Although polygamy is Associate Professor,Dr, Department of Law, Pyay University * Best Paper Award Winning Paper in Law,(2012) 144 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 recognized by Dhammathats, there is a strong feeling among the people against the practice of polygamy which seems to be declining and is looked upon with disfavor by the present day Myanmar Buddhist society. Out of the four family laws, which exist in Myanmar, only two of them Myanmar Customary Law and Hindu Law recognize polygamy. One of the remaining two, Christian Law accepts monogamy. Under Mohammedan Law a man is allowed to marry up to four wives at the same time but he must be able to show that he can treat each of them equally and provide a separate home for each one of them. The method of study in the paper is analysis the practice of polygamy among Myanmar Buddhists under Myanmar Customary Law and legal consequences of polygamy system by referring the Dhammathats and the decisions of courts. The objectives of the paper are to mention the nature of Myanmar Buddhists' marriage, to prevent the popularity of the practice of polygamy and to bring up the conflict of authorities on practice of polygamy system. Nature of Myanmar Buddhists' Marriage Marriage amongst Myanmar Buddhists is purely civil and consensual contract and has lost entirely any religious character. To constitute a valid marriage amongst Myanmar Buddhists;(a) the man should attain his puberty, 1 (b) the woman should be a spinster above twenty years of age, except widow, a divorcee, and a spinster under twenty years of age who has obtained her parents’ or guardians’ consent, 2 (c) the parties must give their mutual and free consent to become husband and wife presently, 3 (d) the parties must be mentally competent to contract, 4 (e) no subsisting marriage for women, 5 and 1 Maung Thein Maung vs. Ma Saw 6 Ran P. 340. Ma E Sein vs. Maung Hla Min 3 Ran, P.455 (F.B). 3 Maung Tun Maung vs. Ma Aye Kyi, 14 Ran, 215 (F.B). Maung Sein Nyunt vs.Ma E Kyi 1962 B.L.R (H.C) 404. 4 Section 11 of the Contract Act,1872. 5 Sectin 494 of the Penal Code,1861. 2 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (f) 145 if there is no marriage ceremony, the couple must openly live together as husband and wife. 1 If there is a marriage between Myanmar Buddhist woman and nonBuddhist man, to safeguard the rights of the Buddhist woman which are entitled under Myanmar Customary Law, such marriage must be accordance with the provisions of the Buddhist Women’s Special Marriage and Succession Act, 1954. Duties of a Husband As between husband and wife, each has five kinds of duties to perform towards the other. The duties of a husband laid down by Dhammathats may be enunciated as follows - 2 In Rasi Dhammathat the husband’s duties are: - to avoid harsh language and to use endearing terms in addressing the wife; to avoid behaving towards her in an overbearing manner as if she were a servant or a slave; to remain faithful to her; to accord her a free hand in the control and management of the house; and to provide her with proper clothes and ornaments. In Dhammasara Dhammathat the five duties of the husband towards the wife are: - speaking to her in affectionate terms, treating her with kindness and tenderness; proving faithful to her by not seeking to consort with other women; entrusting to her keeping the whole of the property acquired; and providing her with such dress and ornaments as please her fancy. In Cittra Dhammathat the five duties of the husband towards the wife are: - treating her kindly and lovingly; not ill-treating her as he would a slave, but showing her every regard; remaining faithful to her by not seeking lesser wives or concubines; placing her in entire charge of the whole of his property; and providing her with dresses and ornaments commensurate with his means. 1 Maung Maung vs. Ma Sein Kyi 1940, Ran 56. U Pu Lay vs.Daw Chit 1974, Civil Second Appeal No.32. 2 Gaung, U, Translation of a Digest of the Burmese Buddhist Law, Volume-II (1895), Translated by G D Burgess, Rangoon, Government Printing, 1905, Section 208. 146 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Thus it can be said that, Dhammathats prohibit the husband from adultery and taking lesser wives. Duties of a Wife According to Ditto Dhammathat the five duties of the wife towards the husband are: - preparing his meals or causing them to be prepared so as to have them ready in good time; supporting the relatives of the husband; remaining faithful to him; saving the property acquired by him; and assiduously performing the household duties. Also Dhammasara Dhammathat mentions the five duties of the wife towards the husband: - obtaining the husband’s consent in anything she undertakes to do; always giving him the precedence in speech; retiring to bed after he has done so; rising from bed before he rises; and carrying out his wishes and assuming pleasing ways and manners in his presence. Kinds of Matrimonial Fault There are mainly two kinds of matrimonial fault under Myanmar Customary Law. They are ordinary matrimonial fault and grievous matrimonial fault. Ordinary matrimonial fault contains misrepresentation, adultery on the part of the husband, taking another wife by the husband, desertion and ordinary cruelty. Grievous matrimonial faults are adultery on the part of the wife and grievous cruelty. On a divorce by ordinary matrimonial fault, in such a case partition of properties will be as in the case of divorce by mutual consent. Where a divorce is adjudged through the grievous matrimonial fault of one spouse, the guilty spouse is liable to forfeit his or her share of properties which belonging to them. And the innocent spouse gets all properties. Adultery on the part of the husband is not in itself, sufficient ground for divorce by the wife. But the wife may be entitled to resist a claim by the husband for restitution of conjugal right. 1 The husband can marry another wife without the consent or agreement of the first wife but such first wife can be entitled to divorce. 2 1 2 Ma Thein Nwe vs. Maung Kha. 7 Ran 451. Maung Hme vs. Ma Sein 9 LBR, 191 (FB). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 147 It can be seen that, although the polygamy is recognized under Myanmar Customary Law, taking another wife by the husband is one kind of matrimonial faults. Practice of Polygamy Under the polygamous system there is no limit to the number of wives a husband could take. Dhammathats allow a Buddhist man to marry as many wives as he can maintain. Kaingza Dhammathat mentioned that a man may marry as many as ten wives if he can maintain them all by his own skill and labour. Although his parents may give him in marriage to another woman after he was already been married to one, the parents of the first wife shall not recover her. 1 If the husband is permitted to duplicate his wife without necessarily divorcing any of them, such wife needs not to lose her husband and income as she loses her look simply because her husband is attracted by another women. Such wives whether they live with the husband or not, inherit his estate on an equal footing. Myanmar Customary Law also contemplates the existence of other women of humbler standing who are differentiated from the aforesaid superior wives by being described as inferior or lesser wives. 2 Dhammathats draw a marked distinction between a superior wife and inferior wife as hereunder. Superior wife ( let-son maya ) is one who lives on terms of equality with the husband and eats out of the same dish with him and is endowed with proprietary as well as personal rights. Inferior wife is a woman with whom the husband enters into and maintains conjugal relations but whose position falls short of that of his first or chief wife and who is not endowed with proprietary rights and with whom the husband does not eat out of the same dish. 3 1 Gaung, U, Translation of a Digest of the Burmese Buddhist Law, Volume-II (1895), Translated by G D Burgess, Rangoon, Government Printing, 1905, Section 253. 2 Ma Thein Yin vs. Maung Tha Dun, 2 Ran 62. 3 Manugye Dhammathat , Gaung, U, Translation of a Digest of the Burmese Buddhist Law, Volume-I (1893), Translated by G D Burgess, Rangoon, Government Printing, 1902, Section 277. 148 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 If a husband takes a second wife during the life time of the first wife and without the latter's consent she is entitled to leave her husband and refuse to cohabit with him unless he provides her with a separate residence. In such circumstances the first wife cannot lose her matrimonial rights by her separate residence. 1 In ordinary life a man with more than one wife is talked of as not being a very respectable person. Polygamy being looked upon with disfavors the taking of a second wife during the life time of the first wife. Moreover, the taking of a second wife without the consent of the first wife is a sufficient ground for divorce. Although a Myanmar Buddhist man can marry a second wife during the lifetime of his first wife, a Myanmar Buddhist woman cannot marry again during the subsistence of a valid marriage tie. 2 If a Buddhist woman marries again during the subsistence of a marriage tie, she is guilty under section 494 of the Penal Code and that other husband is guilty of the offence of adultery under Section 497 of the Penal Code. Such kinds of offences can be prosecuted only by the aggrieved person. Where a person marries a married woman during the subsistence of her marriage with her husband and lives with her as husband and wife he can be prosecuted for abetment of bigamy committed by the wife, but not for bigamy punishable under section 494 of the Penal Code, and also for the offence of adultery, punishable under section 497 of the Penal Code. 3 On the other hand, if a man says that he does not have subsisting marriage and marries a woman then the fact known to her that he has had first wife, in such case he is not guilty under section 495 of Penal Code 4 owing to the polygamy is allowed under Myanmar Customary Law. His subsequent marriage is legal and his second wife has been a legal wife since the time of taking in marriage her. 5 But it may be unfair for second wife who believes that her husband has no subsisting marriage at the time of marrying 1 Daw Mya Kyin (a) Daw Kyin and 6 others vs. Daw Kyin Myaing (a) Daw Nan Aung, 2001 MLR P.312(313). 2 U Kaon Maung Ngwe vs. Daw Nan Saw (a) Daw Nan Son, 1990 Civil First Appeal Case No. 460 (13-5-1993). 3 Subramanian vs. Sakra, 1958 BLR (HC)540. 4 Concealment of former marriage from person with whom subsequent marriage is contracted. 5 Ko Soe Thein vs. The Union of Myanmar, 1973 MLR, P.10. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 149 her. It may be considered as a disadvantage of polygamy. If the Myanmar Customary Law recognizes monogamy and does not allow polygamy, the accused person who conceals his subsisting marriage shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Partition amongst Polygamous Family In dealing with the partition of a polygamous family it should consider in highlight the share of a wife of polygamous husband, inheritance rights of co-widows and children by Maya-pyaing. Although the husband is the lord of his wife and her property, he cannot convey the property of the chief wife to the lesser wife or that of the latter to the former. If the husband secretly supports his mistress with his wife’s property and the wife comes to know of her husband’s action, such property shall be restored to her possession .If the property belonging to both husband and wife is given by the former; without the latter’s knowledge, to a third person is entitled to obtain possession of it. If the person to whom the property is so given is the lesser wife, she shall obtain only half of it. 1 Kinds of Wives According to Dhammathats , there are three kinds of wives, viz;(i) Maya- Gyi : Superior Wife. (ii)Taw- Pyaung : wife who does not eat together with her husband. (iii)Slave Wife: wife who is not legally married. There are no longer such wives as Taw –Pyaung and Slave wife. The prevalent names used in such kind marriages Maya- Gyi and Maya –Nge are translated into English as superior and inferior wives. During the days of the Myanmar Kings, there are wives of the high officials as Pwe-Tet Maya, who were qualified to attend special occasions with her husband before the royal audience. Those who were not permitted to do likewise are known as lesser wives or inferior wives. Since the annexation of Myanmar by the British, there arose various problems out of partition of legacy of the deceased husband who was survived by more one wife. Such wives were considered to be Maya Gyi 1 Gaung, U, Translation of a Digest of the Burmese Buddhist Law, Volume-II (1895), Translated by G D Burgess, Rangoon, Government Printing, 1905, Section 274. 150 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (Superior wife) and Maya-Nge (Inferior Wife) depending on the status and recognition they had gained through marital relations. Very few wives live in the same house with their husband on equal status. Usually the lesser wife lives separately in another residence known by the superior wife or not. She plays no part in the business of her husband and just receiving his visits from time to time. When the husband dies, the question arises whether or not both the wives are legal wives, having the right to take their equal share in the legacy. However, the question is now finally settled by the ruling passed in “Daw Kyi Kyi vs. Mrs. Mary Wain case 1. The significance of the ruling is that as a new phrase, emerged Maya-pyaing, which can be literally translated as either ‘parallel wives’ or ‘competing wives’, entered the Myanmar legal lexicon, though the phrase Maya-pyaing had not, hitherto, been found in the Dhammathats, in case law or in Statue. There is no differentiation between ‘Maya-pyaing’ of a husband as to the right to share the legacy left by him, provided, they are legally marriage under Myanmar Customary Law reinforced by the statutory law, Buddhist Women Special Marriage and Succession Act 1954. The connotation of Maya-Gyi (Superior) wife and Maya-Nge(Inferior) wife are now quashed and in place, there are First, Second wife; of equal status and right, they are now earthed Maya pyaing. In this case Daw Kyi Kyi is recognized as a legal wife of U Htin Wain who is a Christian. It should be noticed that, the purpose of the Buddhist Women Special Marriage and Succession Act, 1954 is not encourage to marry Myanmar Buddhist women with different religions. In fact, it is no more than to give the status of a legal wife of a non-Buddhist husband. Share of a Wife of Polygamous Husband after Divorce If a Myanmar Buddhist having a wife already takes a second wife, the interest of the parties on the second marriage would be considered as follows. 2 (a) In property brought by the husband to the first marriage, husband four-ninths, first wife three-ninths and the second wife two-ninths. 1 2 1971 MLR, P. 52. Maung Po Nyun vs. Ma Saw Tin, 3 Ran, 160. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 151 (b) In property inherited by husband during the first marriage, husband four-ninths, first wife three-ninths and second wife twoninths. (c) In jointly acquired property of his first marriage, husband twosixths, first wife three-sixths and second wife one-sixth. (d) In property inherited by the husband after the marriage with the second wife, husband one-half, first wife one-quarter and second wife onequarter. (e) In the jointly acquired property of the two covertures, each wife would take one-third and the husband one-third. On a divorce by mutual consent between the husband and the second wife, the second wife would take her share in the various properties as defined above, but on her becoming entitled to divorce with forfeiture of all the husband's property owing to his misconduct, she would take, in addition to her own above share, the husband's share, that is to say, she would take all except the first wife's interest in the property. Although in Maung Po Nyun’s case it has been held that in the property inherited by the husband after his second marriage the husband gets two-fourths and each wife one-fourth; but whereas in C.T.P.V. Chetty Firm Vs. Maung Tha Hlaing, 1 case it has been held by Full Bench that in such property the husband gets four-sixths and each wife one-sixth. In both these cases the general principle of Maungye Dhammathat, that in the property inherited by the husband from his parents after his marriage the husband gets double the share of the wife, has been accepted as the basis of the decision. But the difference lies in the application of principle which laid down in the Manugye Dhammathat. In the first case held that the husband’s share should be double of each wife. In the second case held that the husband’s share should be double of the wives collectively. Thus, where a husband having two wives inherits property after the second marriage such property is lettepwa by succession, and the husband’s interest therein is two-thirds. The interest of the wives jointly is one-third and each acquires a vested interest in one-sixth. In the case of ordinary lettetpwa acquired by a husband with two wives, his interest therein is one-half and that of each of wives is one-fourth. 1 3Ran,322(FB). 152 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Inheritance Right of Co-widows In a polygamous family there may be a controversial legal problem to decide how the surviving wives of a deceased husband inherit the estate of the deceased. After an extensive examination of the Dhammathats, the court recognized the right of two women to inherit on equal footing as wives in the estate of a deceased Myanmar Buddhist. Wives are entitled to equal shares of their husband’s left property. 1 On the death of the husband who has two wives, the second wife, being on equal heir with the first wife to the husband, gets one-third of the property jointly acquired in the first coverture and half of the property jointly acquired in the second or double coverture. 2 Thus, where a man dies leaving more than one widow, all of them are entitled to share in his estate. Under Myanmar Customary Law, the co-widows may claim equal share in the husband’s estate, whether they live with the husband or not, inherit his estate on an equal footing. 3 A woman claiming to be a ‘co-wife’ must unequivocally prove that cohabitation with the man is in accord with essential requirements of a valid marriage. Where there is a formal ceremony, there can be no difficulty in determining the status of the woman. But where such direct evidence is not available and proof of status depends wholly or mainly on conduct and repute the circumstances of each case must be scrutinized with care to see that the conduct and repute proved are of the status of marriage. 4 In Daw Khin Po Ei vs. Daw Mya Than and four others case 5, a Myanmar Buddhist woman was the third wife of a Chinese Buddhist man. On the death of the husband, it was held that each of the three wives was equally entitled to one-third share of the deceased estate. In Daw Aye Lon(a) Nan Sein Kyi vs. Daw Khin Ni, a dispute arose over the assets and pension money of Mann Ba Khaing, one of the martyrs assassinated together with Bogyoke Aung San, between his Christian wife 1 Ma Kin Gale and Three vs. Ma Kin Gyi and six (1910-13) U B R ,42. Daw Hla Ohn vs. Ma Nyun and others, 1937 RLR 410. 3 Sisir Chandra Lahiri, Principles of Modern Burmese Buddhist Law, 5th Edition, 1951, P.30. 4 Ma Shwe Yin vs. Maung Ba Tin, 1 Ran, P.343. 5 Daw Khin Po Ei vs. Daw Mya Than and four others, 1976 Civil First Appeal No.3. 2 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 153 Daw Aye Lon and Buddhist wife Daw Khin Ni. Daw Aye Lon claimed that she was the lawful widow of the deceased. The Court held that Daw Aye Lon is the first wife and Daw Khin Ni is the second wife of the deceased and they can entitle to equal rights. 1 Property inherited by a wife from her parents during marriage becomes joint property of the couple and the husband acquires a vested interest to the extent one-third in the same. 2 But it has been held in a case that although the husband has a vested interest in the property inherited by his wife, on his death his other wives do not take any share in that property as it reverts to the wife who inherited it. 3 Inheritance Right of Children by Maya-pyaing Where a Myanmar Buddhist male has contracted two marriages and both wives have been alive at the same time, the children of the first marriage in point of time, whose parents both predeceased their step-mother, are heirs of their step-mother in respect of her separate property, when there are no children or direct descendents of the second wife. The expressions “former husband” and “former wife” may connote that the marriage in question has terminated, but the expression “former marriage” means a marriage which is earlier in point of time and may be subsisting with a marriage contracted later. The children of the first marriage are pubbaka children of the second marriage and entitled to inherit in the absence of descendents of the second wife. 4 The step-children are entitled to inherit even if they are not living with the parents after they married. 5 Where a Myanmar Buddhist has two wives, the children of one wife are entitled on her death to claim partition against the father and his other wife. In property which was inherited by the deceased mother from her parents, the children share is two-thirds. 6 On the death of polygamous father, father, the children of pre-deceased wife can be entitled to inherit not only 1 Daw Aye Lon (a) Nan Sein Kyi vs. Daw Khin Ni, 1970 Civil First Appeal No.82. Daw Kyi Kyi vs. Mrs Mary Wain, 1971 MLR P.52. Daw Hla v. Daw Ohn Khin, 1976 Civil General Application No. 87. 2 Ma Gywe vs. Ma Thi Da II UBR (92-96) P.194. 3 Ma Gon Pon vs. Ma Me Mi, 5Ran 448. 4 Maung Thein and another vs. Maung Nyo Sein and another, 1939 RLR 160. 5 Maung Dwe V. Khoo Haung Shein, 3 Ran 29. Daw Thein Sint V. Daw Saw Shin and one, 1995 M.L.R. 197. 6 Maung Aung Pe vs. U Tun Aung Gyaw and two, 8 Ran, 524. 154 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 their deceased mother's share but also the share of their father's vested interest of their marriage property. 1 Thus it can be seen that Myanmar Customary Law has already laid down principles relating to the partition among the wives of polygamous husband and if not so there may be severe financial effects on her and her children. Conflict of Authorities on Polygamy System One of the most important but difficult question to be discussed is whether polygamy should be lawful or not. The passages in the Dhammathats which deal with the right of a wife to claim divorce from her husband who commits adultery are conflicting. No express prohibition is contained in these passages, but the reasonable inference from many texts is that adultery on the part of the husband or wife is forbidden by Myanmar Customary Law, for the committing of adultery alone entitles the innocent spouse not only to claim a divorce but to retain all the property, joint and separate, belonging to both the couple, and the guilty partner is to leave the house with only a suit of clothes. Section 256 of the U Gaung Digest volume II mentions the rules relating to divorce when either spouse is guilty of incontinence as hereunder. According to Yazathat, if the husband desires to divorce his chief wife because she objects to his taking a second wife, he may obtain a divorce, but shall make over to her the whole of their property, animate and inanimate. Dhammathatkyaw states that if the husband and wife are not in mutual accord, or if they do not respect each other, or care for each other's welfare, but each treats the other with neglect, the husband taking a second wife or the wife keeping a paramour, so that there naturally is no peace in the house they should divorce. If the wife is guilty of adultery, she shall be sold after shaving her head in four patches. If the husband is incontinent, he shall leave the house, with only a suit of clothes on him, and the wife is entitled to retain the whole of the property. The Dhammavilasa Dhammathat lays down that if the husband is guilty of incontinence, let him leave the house with only a suit of clothes on and let the wife have the whole of the property. 1 U Myat Soe and three others vs. Daw Tin Kyi, 2005, MLR, P. 42. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 155 Rajabala Dhammathat mentions if the chief wife objects to the husband taking a lesser wife, he may obtain a divorce from her by making over to her the whole of their property. According to Kyetyo if the husband takes a second wife, he shall leave with the chief wife the whole of their property with the exception of a suit of clothes. He shall also liquidate all debts. But there is a little different view which can be found in Manugye Dhammathat as follows. If the husband having taken a lesser wife, shall abuse and beat his first, and it be prove that he has in any way oppressed her, let them go together again and line in good terms. If after having gone together again, the husband shall behave in the same way, let him leave the house with only one cloth, and let him pay all the debts; wise judges may decide thus. But if the wife says she does not wish to remain with him any longer, that she wishes to separate, let them do so; let the property belonging to both be equally divided between them; and though the husband declare his unwillingness to separate, let the divorce be made as if both were consenting. Also in Dhamma, the similar view can be seen as; The husband takes a lesser wife and ill-treats his chief who on that account seeks divorce to which he does not consent. Divorce shall be granted and partition of the animate and inanimate property shall be made as if the divorce were desired by mutual consent. If, on the other hand, the husband seeks divorce, the wife is entitled to the whole of the animate and inanimate property, and he shall leave the house with only a suit of clothes on him. Thus by following only the Manugye and Dhamma the courts has decided that, the husband can marry another wife without the consent or agreement of the first wife. If such first wife seeks divorce, the court shall grant as if the divorce was desired by mutual consent. The property belonging to both shall be equally divided by them. However if there is an adultery on the part of a wife, her husband is entitled not only to divorce but also to get all property belonging to them. It is not forbidden to a Myanmar Buddhist to have two wives at the same time but it is universally conceded that the leading principle of Buddhism is rather monogamy than polygamy. Thus a woman should not co- 156 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 habit with a man whom she knows to be the lawful husband of another woman. Section 393 of the Attasankhepa Vannava Dhammathat lays down the law of separation between a husband and wife when either of them is guilty of a matrimonial fault as follows. If separation between the husband and wife takes place owing to the commission of adultery by the wife, she shall be sent away with only the clothes on her person, after being made to pay her husband the price of her body and damages in the sum of 40 ticlas of silver for the offence committed; all the debts contracted shall be borne by her, while the property, animate and inanimate, which belonged to both, shall be enjoyed by the husband alone. If separation occurs owing to the husband taking lesser wife or concubine, all debt contracted shall be paid by him, and he shall be sent away with only the clothes on his person, while all the animate and inanimate property which belonged to both, shall be enjoyed by the wife alone. Thus according to the above texts it can be concluded that, where the husband or wife has been guilty of adultery deserves to be severely punished. According to Manugye Dhammathat even a deserting wife can claim a divorce on her husband re-marrying within a year and the deserted husband is enjoyed to wait for one year before he takes another wife, under penalty of loss of all the property. 1 Obviously such a provision should not be needed if polygamy is recognized by Myanmar Customary Law. Therefore, it can be concluded that, under the authority of ancient Dhammathats, the leading principle of Myanmar Customary Law is rather monogamy than polygamy. Conclusion At present, the practice of polygamy is more and more popular but socially not favoured and looked down. It is only to be mentioned that the second wife is given an equal status with the first wife and is not deemed to be lesser in status. If the husband takes second wife without the consent of the first wife, she has a right to divorce him at any time. 1 Manugye Dhammathat, Volume-V, Section 17. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 157 While polygamy system is legal on the other hand adultery on the part of the husband and taking another wife by husband are recognized as matrimonial faults under Myanmar Customary Law. Although adultery on the part of the husband and taking another wife by the husband are ordinary matrimonial faults, adultery on the part of the wife is a grievous matrimonial fault with more severe punishment on her. The penalty which the Dhammathats impose upon husband and wife for committing adultery should apply to both, because the Myanmar Customary Law makes no distinction between the sexes regarding the penalty. On the other hand, it is needs to have children to continue the lineage. Thus, polygamy system is necessary to be recognized if the wife is barren and does not beget children. But the penalty for taking another wife and adultery on the part of the husband or wife without the consent of another spouse should be equality between men and women. Article 15 and 16 of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 ﴾CEDAW﴿ mentions the equality of women with men before the law and to eliminate discrimination of women in matters relating to marriage and family relation. Moreover article 2 of the Universal Declaration of Human Rights, 1948 declares relating to the equal right mankind as follows;"Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or status." Thus, it should make towards placing husband and wife on the same level and the equal treatment of the sexes when under the yoke of matrimony. They are entitled to equal rights as to marriage, during marriage and at its dissolution. All are equal before the law and entitled without any discrimination to equal protection of the law. Hence for the family welfare and the development of society there should be a change in the traditional role of husband and wife. The taking of another wife should be treated as equal in blame to adultery committed by the wife. If the guilty wife loses all her rights it would appear natural that the husband should lose all his in like circumstances. According to the previous decisions of courts, where taking another wife or adultery on the part of the husband is ordinary matrimonial fault and if they desire to divorce, they share equally on their property and if 158 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 there is an adultery on the part of the wife, it is grievous matrimonial fault and if the husband desires to divorce he can get all property which belong to them. So it should be considered such decisions are whether justified or not. If a man who concealed of former marriage and subsequent marriage is contracted, should not be punished with section 495 of the Penal Code, he should be punished with cheating or any other offence which is a criminal nature. From the past up to the present days many happy families have been broken up due to man's inordinate sexual desires. Hence the Buddha taught all human beings to refrain from committing adultery. All Buddhists, not only wife but also husband, should not commit adultery, because which is important for making society as a better place to live in. It also should be noticed that in the period of the lake King of Myanmar had issued an edict declaring that it was unlawful to take a second wife during the life time of the first, imposing pains and penalties on those who did so. If the practice of monogamy has been prevailed since the era of Myanmar King, there might have never been the events of assassination for dynasty. Therefore, even though the polygamy system is allowed, to be in line with the rules laid down in Dhammathats and to reestablish the moral character of spinsters who would like to marry with another woman's husband, if the husband takes another wife or commits adultery, the wife should be given the right to divorce and to retain the whole of the property. Acknowledgements I would like to express my deep gratitude to Professor Dr. Daw Than Nwe, Executive Member, Myanmar Academy of Arts and Science, for her valuable advice and suggestions. I will never forget to thank my Professor and Head Daw Thaung Myint, for giving me the time to complete the work on my research and for her kind support. I am grateful to my Professor Dr. Daw Khin Phone Myint Kyu for her guidelines and advice. I am very thankful to my teachers, seniors, colleagues and friends for their invaluable support and kind co-operation. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 159 References Gaung, U,(1881)Attasankhepa Vannana Dhammathats, Superintendent, Government Printing and Stationery, Rangoon, 1963. Gaung, U (1893) Translation of a Digest of the Burmese Buddhist Law, Volume I, Translated by G D Burgess, Rangoon, Government Printing, 1902. Gaung, U (1895)Translation of a Digest of the Burmese Buddhist Law, Volume II, Translated by G D Burgess, Rangoon, Government Printing, 1905. Lahiri, S.C , (1951), Principle of Modern Burmese Buddhist Law, 5th Edition, Calcutta: Eastern Law House. Maung Maung, Dr, (1963), Law and Custom in Burma and the Burmese Family, Netherlands: The Hague Martinus Nijhiff. Tha Gywe, U, (1919), Conflict of Authority in Buddhist Law, Mandalay. Tanner, L., & Lindgren, H. (1971). Classroom Teaching and Learning: A Mental Health Approach. San Francisco: Holt Rinehart and Winston, Inc. Tobias, S. (1981). Stress in the math classroom. Learning, 9(6), 34-38. Wigfield, A., & Meece, J. L. (1988). Math anxiety in elementary and secondary school students. Journal of Education Psychology, 80(2), 210-216. Williams, W. V. (1988). Answer to questions about maths anxiety. School Science and Mathematics, 88(2), 95-104. Wood, E. F., & Meece, J. L. (1988). Math anxiety and elementary teachers: What does research tell us? For the Learning of Mathematics, 8(1), 8-13. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Study on the Interpretation of article 31 of the Refugee Convention: Illegal Entry Hnin Hnin Saw Hla Maung Abstract The Article 31 (1) of the 1951 Refugee Convention specially obliges States not to impose penalties on refugees within Article 1(2). The Article 31 (2) of the 1951 Refugee Convention calls upon States not to apply to the restrictions on freedom of movements for refugees, other than those that are necessary. The text of the 1951 Convention and the travaux preparatoires (preparatory works) gave a little light as a guidance of interpretation. Decision makers have left to provide principles relating to the terms within the Article. They may therefore select legislative incorporation, administrative regulation, and formal and ad hoc procedures in their own ways. International standards and UNHCR guidelines have given certain specific meaning of the terms within the Article. Although, the practice of States has arbitrarily provided certain interpretations: “coming directly”, “without delay”, “good cause”, the precise meaning of “penalties”, the issue of “detention” and “necessary”. Key words: “coming directly”, “without delay”, “good cause”, “penalties”, “detention”, “necessary” Introduction The Article 31 of the 1951 Convention Relating to the Status of Refugees codifies principle of non-penalization and restrictions on freedom of movement (detention) of refugees which come directly from territory where their life or freedom is threatened. Under this article, they present themselves to the authorities without delay to the authorities and show good cause for their illegal entry or presence. The text of the 1951 Convention and the travaux preparatoires (preparatory works) did not give the exact meaning of the terms of the Article. The Convention drafters left to provide principles relating to the terms within the Article. Even though International standards and UNHCR guidelines have given certain specific meaning of the terms within the Article, many States increasingly seem unable to take systematic examination, the terms of article 31 of the 1951 Convention. The problem is that the contracting States, in different approach, review the central issues rising out of relating to article Lecturer, Dr,Department of Law, Yangon University 162 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 31(1) with particular reference to the scope of protection: “coming directly”, “without delay”, “good cause”, and the precise nature of the immunity (“penalties”) and examines article 31 (2), with particular reference to restrictions on freedom of movement, the issue of detention and the “necessary” measures. The paper examines the meaning of the Convention; original text; international standards; and State practice relating to the article 31(1) and (2) of the Refugee Convention. The paper aims to fill the systematic examination of refugee claims relating to the interpretation of the terms within the Article 31 for their illegal entry. The Origins of the Text Under the Article 31(1), the travaux préparatoires (preparatory work) affirm that refugees within the Article 1A (2) who enter or are present without authorization, whether they have come directly from their country of origin or from any country in which their life or freedom was threatened, provided they show good cause for such entry or presence. Article 1A (2) of the Refugee convention reads that refugee means: A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. There extensively contained no discussion the term ‘penalty’ within the preparatory work of the treaty. Penalties are interpreted only as criminal sanction according to the French term ‘sanctions pénales’(liable to criminal prosecution; subject to criminal penalty). As a broader view, the term covers the object and purpose of the treaty taking into account other human rights treaties. In the Ad Hoc (for the particular end or case at hand without consideration of wider application) Committee on Statelessness and Related Problems, 1950, a proposal non-penalty to refugee is first included in the draft convention. The draft Article 24 provided: the High Contracting Parties undertake not to impose penalties, on account of their illegal entry or residence, on refugees who enter or who are present in their territory without prior or legal authorization, and who present themselves without delay to the Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 163 authorities and show good cause for their illegal entry. As the next step, draft article 26 1 further redefined during later meetings is almost the same meaning as the article 24. During this meeting, Australia called for a clarification of the term ‘penalties’ should be confined to judicial penalties only, no further clarification was provided. The draft text was thereafter considered by the 1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons in Geneva in July 1951. With respect to restrictions on freedom of movement under Article 31(2), the 1951 Refugee Convention recognizes that in certain circumstances, States may impose restrictions on freedom of movement. These provisions reflect the circumstances prevailing when the treaty was drafted. Article 9 of the 1951 Convention was drafted specifically to cover situations of war or other grave and exceptional emergency. It reflected the difficulty faced by some States during the Second World War in distinguishing clearly and promptly between refugees and enemy nationals. This provision thus maintains the right of States to take “provisional measures” against a particular person, pending a determination. Article 26 of the 1951 Convention thus prescribes freedom of movement for refugees as accorded to aliens generally in the same circumstances. Discussions at the 1951 Conference During the 1951 Geneva Conference, France was concerned that it should not allow those who had already ‘found asylum . . . to move freely from one country to another without frontier formalities’. 2 During the course of the debate, the United Nations High Commissioner for Refugees, Dr Van Heuven Goedhart, expressed his concern about ‘necessary transit’ and the difficulties facing a refugee arriving in an ungenerous country. It would be unfortunate, if refugees were penalized for not having proceeded directly to the country of asylum. The United Kingdom representative, Mr Hoare, also said that fleeing persecution was itself good cause for illegal entry, but there could be other good causes. Similarly, the French suggested the proposed remark to exclude refugees in a country other than the one in which . . . life or freedom would be threatened’. They cannot be able to find temporary protection. Also, comment of M. Rochefort on the French position is: “if 1 2 UN doc. E/AC.32/L.32, 9 Feb. 1950. UN doc. A/CONF.2/SR.13, (M.Colemar, France). 164 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 refugees crossed the French frontier without their lives being in danger, the French Government would be entitled to impose penalties and to send them back to the frontier”. The term “penalties” is not defined in Article 31 and the question arises whether the term used in this context should only comprise criminal penalties, or whether it should also include administrative penalties. Some argued that the drafters seem to have had in mind measures such as prosecution, fine, and imprisonment. French version of article 31 (1) refers to “sanctions pénales”, and on case law. As mentioned above at the beginning, English version used the term ‘penalties’ as a wider interpretation which differs from French’s one. Their views on the terms are tendency to the meaning with regard to the object and purpose of the treaty. Article 31 (1) thus includes threats to life or freedom as possible reasons for illegal entry or presence; particularly other circumstances, such as good cause for illegal entry, will be considered. The Article 31 of 1951 Convention Relating to the Status of Refugees provides: The Contracting States shall not impose penalties on the account of their illegal entry or presence, on refugees who coming directly from a territory where their life or freedom was threaten in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. With regard to the restrictions on freedom of movement under Article 31(2), Article 26 of the 1951 Convention prescribes freedom of movement for refugees as accorded to aliens generally in the same circumstances. Eight States have made reservations, six of which expressly retain the right to designate places of residence, either generally or on grounds of national security, public order or public interests. Several African countries have accepted Article 26, provided refugees do not choose to reside in a region bordering their country of origin; and that they refrain in any event from any activity or incursion of a dissident nature with respect to the country of origin, in exercising their right to move freely. Article 31 (2) implies that States may only impose restrictions on movement which are ‘necessary’, for example, on security grounds or in the special circumstances of a mass influx, although restrictions are generally to Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 165 be applied only until status is regularized or admission obtained into another country. Article 31(2) of the 1951 Convention says: The contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another county. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country. International Standards and over Views on the Meaning of Terms For illegal entry, the Executive Committee (EXCOM) No. 44 (1986) and No. 55 ( 1989) noted with deep concern that large number of refugees and asylum-seekers in different areas of the world are currently the subject of detention or similar restrictive measures by reason of their illegal entry or presence in search of asylum, pending resolution of their situation. The EXCOM No. 85 (1998) noted with asylum-seekers detained only because of their illegal entry or presence are often held together with persons detained as common criminals, and reiterates that this is undesirable and must be avoided whenever possible, and that asylum-seekers shall not be located in areas where their physical safety is a danger. In the EXCOM No. 97 (2003), the Committee intercepted asylumseekers and refugees should not become liable to criminal prosecution under the Protocol Against the Smuggling of Migrants by Land, Sea or Air for the fact of having been the object of conduct set forth in article 6 of the Protocol, nor should any intercepted person incur any penalty for illegal entry or presence in a State in cases where the terms of Article 31 of the 1951 Convention are met. Under the International Covenant on Civil and Political Rights (ICCPR), whether the word “penalty” in article 15(1) should be interpreted narrowly or widely and whether it applies to different kinds of penalties, “criminal” and “administrative”, must depend on other factors. In this case, 166 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 the Human Rights Committee notes that the State parties to the covenant must pay attention to its object and purpose. 1 Nowak (1993:278) refers to the term “criminal offence” in article 14 of the ICCPR. He argues that “every sanction that has not only a preventive but also a retributive and / or deterrent character is . . . to be termed a penalty”. In this context, the distinction between criminal and administrative sanctions becomes irrelevant. It is necessary to look beyond the notion of criminal sanction and examine whether the measure is reasonable and necessary, or arbitrary and discriminatory, or in breach of human rights law. The meaning of “illegal entry” would cover entry through the use of false or falsified documents, clandestine entry, and entry into State territory with the assistance of smugglers or traffickers. Illegal presence has included lawful arrival and remaining. The notion of “good cause” should be considered to be sufficient reason for persecution. Refugees are not required to have come “directly” from their country of origin. The criterion of “good cause” for illegal entry is clearly flexible to allow the elements of individual cases to be taken into account. UNHCR revised Guidelines on the Detention of Asylum-seekers, 1999, mentioned that Article 31(1) of the 1951 Convention should be interpreted as follows: 1. The term “Directly” should not be strictly or literally constructed, but depends rather on the facts of the case, including the question of risk at various stages of the journey; 2. “Good cause” is equally a matter of fact, and may be constituted by apprehension on their part of the refugee or asylum seeker, lack of knowledge of procedures, or by actions undertaken on the instructions or advice of a third party; and 3. “Without delay” is a matter of fact and degree as well. It depends on the circumstances of the case, including the availability of advice, and whether the state asserting jurisdiction over the refugee or asylum seeker is in effect a transit country. Where cruel punishments are imposed that do not conform to international human rights standards such as the death penalty or severe 1 Van Duzen v. Canada, Communication No. 50/1979, UN doc.CCPR/C/15/D/50/1979, 7 April 1982, para. 10.2. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 167 corporal punishment, including flogging, their persecutory character is particularly evident under the UNHCR Guidelines on Gender-Related Persecution, 2002. According to Declaration against Torture and other Cruel, Inhuman or Degrading Treatment or punishment, any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and a fundamental violation of human rights. No State may permit or torture or other cruel, inhuman treatment or punishment. Exceptional circumstances, including state of war, internal political instability or public emergency, may not be invoked as justification of such acts. In the deliberations of the Human Rights Committee of scholars relating to the interpretation of the term “penalty” in Article 15(1) of ICCPR, Goodwin-`Gill rightly points to the fact that the Human Rights Committee has refused to restrict the notion of a “penalty” in such a narrow way -` even though this is a provision with a decidedly criminal law orientation. The Committee also determined that “whether it applies to different kinds of penalties, criminal’ and “administrative” must depend on other factors. Apart from the text regard must be had, inter alia (among other things), to its object and purpose. In EXCOM No. 15(1979), where a refugee who has already been granted asylum in one country requests asylum in another country on the ground that he has compelling reasons for leaving his present asylum country due to fear of persecution or because his physical safety or freedom are endangered, the authorities of the second country should give favourable consideration to his asylum request. Also, EXCOM No. 58, 1989, reads: where refugees and asylumseekers … move in an irregular manner from a country where they have already found protection, they may be returned to that country if (i) they are protected there against refoulement (sending asylum seekers back to their countries) and (ii) they are permitted to remain there and to be treated in accordance with recognized basic human standards until a durable solution is found for them… EXCOM No. 22, 1981, reads: they should not be penalized or exposed to any unfavourable treatment solely on the ground that their presence in the country is unlawful. They should not be subjected to restrictions on their 168 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 movements other than those which are necessary in the interest of public health and public order … The Guidelines for National Refugee Legislation and commentary adopted by Organization of African Unity (OAU)/UNHCR Working Group (1980) provide that no person who has illegally entered or is illegally present in the country shall be declared a prohibited immigrant, detained, imprisoned or penalized in any other way merely by reason of his illegal entry or presence, pending an examination of his application for refugee status. Such a person shall present himself to the competent authorities without undue delay. For restrictions on freedom of movement under Article 31(2), Article 26 of the 1951 Convention prescribes such freedom of movement for refugees as is accorded to aliens generally in the same circumstances. Some States have made reservations on national security, and public order and public interest. These reservations are reiterated in the 1969 OAU Refugee Convention and the 1954 Caracas Convention on Territorial Asylum. The EXCOM No. 3 (1977) provided that in a number of cases the basic human rights of refugees had still not been respected, that refugees had been subjected to physical violence, to unjustified and unduly prolonged measures of detention and to measures of forcible return in disregard of the principle of non-refoulement. The Committee also recommended that an expulsion order should only be combined with custody or detention if absolutely necessary for reasons of national security or public order and that such custody or detention should not be unduly prolonged (also in EXCOM No. 106 (2006), No. 65 (1991); No. 7 (1977) and No. 44 (1986). Also, Article 12 of ICCPR applies to any person lawfully within a territory, but the interpretation of the term “necessary” is also related to the application of article 31 (2) of the 1951 Convention. Article 12(3) of the ICCPR stipulates that freedom of movement shall not be subject to any restrictions except to protect national security, public order, public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present covenant. Under Manfred Nowak (1993:278) remark in ICCPR, “the requirement of “necessity” is subject to objective criteria and the decisive criterion for evaluating a given case must be proportionality”. Every restriction thus requires a precise balancing between the right to freedom of movement and those interests to be protected by the restriction. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 169 The Executive Committee discredited detention for illegal entry (EXCOM No. 85 (1998) and No. 101(2004); arbitrary detention (EXCOM No. 36 (1985), No. 65 (1991) and No. 89 (2000); severe restriction on movement of refugee (EXCOM No. 65 (1991); detention under unacceptable condition EXCOM No. 68 (1992); unjustified detention EXCOM No. 71 (1993). The Committee also explored detention practices are consistent with human rights standards in EXCOM No. 68 (1992); urges States to explore all feasible alternatives to detention (EXCOM No. 85 (1998) and States to refrain from detaining children (EXCOM No. 107 (2007). Accordingly, in 1998, the UNHCR Executive Committee stated that such detention practices are inconsistent with human rights standards and urged States to explore more actively all feasible alternatives to detention. UNHCR Guidelines on the Detention of Asylum-seekers’, 1999, reaffirm that, asylum-seekers should not be detained. Detention may be used first to all possible alternatives: reporting and residence requirements, guarantors, bail, and the use of open centers. Detention should be used only if it is reasonable and proportional and above all, necessary to verify identity and to determine the elements. When detained, asylum seekers should benefit from fundamental procedural safeguards such as prompt and full advice of the detention, in a language which they understand; advice of the right to counsel and free legal assistance, wherever possible; automatic review and periodic reviews thereafter detention; and the right to contact and to communicate with UNHCR or other local refugee bodies and an advocate. The UNHCR Guidelines also draw on general international law with regard to the treatment to be accorded to minors, other vulnerable groups, and women, and to the conditions of detention, which should be humane and respectful of the inherent dignity of the persons. Detention may be used where a danger goes to the public or national security. Similarly, for others: racial origin, religious conviction, or fear of political problems with neighbouring, States may be used justify restrictions on liberty. Human Rights first, 2011 said that Despite Article 31(2) and the Department of Homeland Security having the discretion to parole refugees, the U.S has recently made it more difficult to parole refugees currently in detention. On November 6th 2007, ICE issued new guidelines on the paroling of refugees in detention. These guidelines further limit the release of refugees 170 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 from detention and are inconsistent with international refugee and human rights law. Thus, human rights treaties affirm that no one shall be subject to arbitrary arrest or detention. All detention must be in accordance with law to protect national security or public order. Detention should be reviewed in line with its legality and necessity. International law governs the conditions of detention, and minimum standards have been recommended by the Executive Committee and UNHCR. State Practice National constitutional principles may incorporate, reflect, or improve on the rules and standards of international law, the terms of any implementing legislation, and the operation of policy at the executive level. States are different from one another in implementation of the international standards described above. Also, many judgments confirm the importance and applicability of certain basic standards in the application of Article 31 of the 1951 Convention. With regard to National Legislation, Article 23 (3) of the Federal Law Concerning the Stay and Establishment of Foreigner reads: whoever takes refuge in Switzerland is not punishable if the manner and the serious of the persecution to which he is exposed justifies illegal crossing of the frontier. Likewise, Finnish legislation takes into account the motives of the perpetrator and the conditions affecting the security of the person in his country of origin or country of habitual residence when determining whether organized illegal entry should be penalized. In UK, Section 31 of the Immigration and Asylum Act 1999 reads: a refugee charged must show: coming directly from a country where he was threatened to the authorities in the UK without delay; having good cause for illegal entry or presence; and making a claim as soon as reasonably practicable after arrival in the UK… In penalties for fraud document, the immigration and Naturalization Service shall not issue enforcement procedures of US, an applicant being well-founded fear of persecution must present himself without delay to INF officer and shown good cause for his or her illegal entry or presence … Similarly, Section 2 of the Refugee Act 1992 contains one who illegally enters or is illegally present in Ghana shall not be declared a prohibited immigrant; be detained; or be imprisoned or penalized in any other Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 171 manner merely by reason of his illegal entry or presence pending the determination of his application. Also in Lesotho, Section 9 of the Refugee Act, 1983 takes after the provision of the Ghana Act. The Refugee Act 1991 in Mozambique stipulates that criminal or administrative proceedings related to illegal entry shall be suspended immediately upon submission of a refugee claim. The Refugee Act 1989 in Malawi exempts a refugee from penalization for illegal entry or presence provided he or she presents him or herself within twenty-four hour of his or her entry. Section 10(4) of the Act provides: a person who illegally enters or is illegally present shall be detained, imprisoned or penalized unless and until the Committee has considered and made a decision on his application. Under German Law, this detention is not considered to constitute a deprivation of liberty. Asylum seekers rejected in the airport procedure, which cannot be removed may, however, spend months in the closed centre, pending discretionary entry or removal. In Greece, according to the penal law as amended by Law No. 2408/1996 and Law No. 2521/ 1997, criminal courts may not order the deportation of an alien sentenced to imprisonment, if this is contrary to the provisions of international agreements to which Greece is a party. In practice, however, the courts continue to order the deportation of irregular migrants convinced of illegal entry or stay, without regard to their status. In Italy, the law at present does not provide for the detention or restriction of freedom of movement of asylum seekers who are admitted to the procedure. Persons in transit at Luxembourg airport are detained if they have either false documentation or no documentation at all. Detention may also be employed, in exceptional circumstances, to facilitate the transfer of the asylum seeker to the State responsible under the Dublin Convention for assessing the claim. An initial period of one month can be extended, on the authority of the Minister of Justice, for additional period of one month periods, but the maximum period is three months. In the Netherlands, according to Article 7(a) of the Aliens Act, aliens who arrive by air or sea without proper documentation and who are refused entry to territory may be detained, pending removal. If the application is declared ‘manifestly unfounded’ or inadmissible and the asylum seeker is detained pending removal. 172 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 In Sweden, asylum seekers may be detained if their identity or nationality is in doubt or if they are likely to be rejected. Although detention orders are regularly reviewed by the administrative courts, there is no maximum period and individuals often tend to be detained indefinitely, sometimes for up to one year or more. In France, asylum seekers are generally not detained solely on the basis of their application for asylum. In developments in Australia refugee law and policy 2010-2011, under section 61 of the Constitution of the Commonwealth, there was no obligation to afford procedural fairness in the conduct of those reviews. The High Court strongly disagreed that because the Minister decided to consider exercising power under sections 46A and 195A of the Migration Act in every case where an offshore entry person claims to be a person to whom Australia owes protection obligations, the RSA and IMR processes are ‘steps taken under and for the purposes of the Migration Act’. As these inquiries directly impacted on the plaintiffs’ rights and interests to freedom from detention, those making the inquiries were bound to act according to law, affording procedural fairness to the plaintiffs. The High Court found neither of these requirements to have been met. In Case Law, the Divisional Court in the United Kingdom observed R. v. Uxbridge Magistrates’ Court and another, exparte Adimi, 1 : ‘that article 31 extends not merely to those ultimately accorded refugee status but also to those claiming asylum in good faith (presumptive refugees ). Article 31 protections can apply to those using false documents and enter a country clandestinely. In R v. Asfaw (Appellant) ()n Appeal from the Court of Appeal (Criminal Division), 2011, professor Hathaway comments adversely (p.372) on the UK’s prosecution of asylum-seekers transiting through the country en route to North America, and express the opinion (p 406) that international law provides no sanction for the UK’s policy of pursing criminal charges against refugees found to have used false papers to pass through its territory. The Regional Superior Court (Landesgericht) in Münster, Federal Republic of Germany, found that an asylum seeker who entered illegally and who presented himself to the authorities one week after arrival was not to be penalized for illegal entry. The court observed that there is not general time limit for determining what constitutes ‘without delay’, which should be 1 (1999) Imm AR 560. A fuller account of this case appears in section III.B.1. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 173 considered on a case-by-case basis. In the Oberlandesgericht Celle and the Landesgericht Münster, refugees can claim exemption from penalties for illegal entry, even if they have passed through a third State on their way to Germany from the State of persecution. In the case of Shimon Akram and Others, the Court of First Instance (Criminal Cases) in Myttilini, Greece, found the defendants- Iraqi citizens of the Catholic faith-to be innocent of the crime of illegal entry. Referring to Article 31 of the 1951 Convention, the Court concluded that refugee status precludes the imposition of penalties on asylum seekers for illegal entry. The Swiss Federal Court confirms the above interpretations, and especially that ‘good cause’ is not about being at risk in a particular country, but much more about the illegally of entry. The Federal Court said: A refugee has good cause for illegal entry especially when he has serious reason to fear. In the event of a regular application for asylum at the Swiss frontier, he would not be permitted to enter Switzerland, because the conditions laid down in Article 13c of the Asylum Law and Article 4 of the Asylum Procedure Law are not met. The United States Supreme Court laid down the principle in Zadvydas v. Immigration and Naturalization Service that the detention of a non-citizen in an immigration and control context should be limited to a period reasonably necessary to bring about the person’s removal from the country, and that indefinite detention was not permitted. If removal is not reasonably foreseeable, and if the individual concerned shows good reason to believe that there is no significant likelihood that it will happen, then it falls to the government to rebut the presumption. The Court suggested that six months would be an appropriately reasonable time in many circumstances. That’s why, The Human rights first report (2011) said that the US system for asylum seekers lacks necessary safeguards, including access to prompt court review, to prevent detention from being arbitrary within the meaning of Article 9 of the ICCPR. In New Zealand, the High Court has addressed the question of the detention of asylum seekers for the detention of all unauthorized arrivals. To conform to Article 31 (2), powers to detain refugees must be constrained by what is necessary, as set out. Baragwanath J defined such necessary as the minimum required the immigration officer: (1) to allow the Refugee Status Branch to be able to perform their functions; (2) to avoid real risk of criminal offending; (3) to avoid real risk of absconding. He emphasized, however that 174 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 the Refugee Status Branch was required to act in a manner that is consistent with New Zealand’s obligations under the Refugee Convention. It would therefore be unusual that detention by Article 31(2) must be limited to what is necessary. In Minister for Immigration and Multicultural Affairs v. Vadarlis, however, a majority of the Federal Court of Australia held that actions of the Australian Government did not amount to detention, such as to attract the remedy of habeas corpus and an obligation to land the persons concerned on the Australian mainland. The case arose out of the rescue by the Norwegian registered vessel, the MV Tampa, of some 433 asylum seekers in distress at sea. … The presence of troops did not itself or in combination with other factors constitutes a detention. In the practice of States, detention is seen as a necessary response to actual abuses of the asylum process, threats to the security of the State and the welfare of the community. For restrictions on freedom of movement under Article 31(2), State practice recognizes the power to detain in the immigration context, although human rights treaties affirm that no one shall be subject to arbitrary arrest or detention. Firstly, the protection thus requires that all detention must be in accordance with law. Secondly, detention should be reviewed in line with its legality and necessity. Conclusion The Article 31(1) of the refugee convention requires that the Contracting States shall not impose penalties, for their illegal entry or presence, on refugees coming directly from a territory where their life or freedom was threatened if they present themselves without delay to the authorities and show good cause for their illegal entry or presence. In State practice, the States review mainly the central issues of the article 31(1) with particular reference to: “coming directly”, “without delay”, “good cause”, and the precise nature of the immunity (“penalties”). Article 31 (1) was intended to apply to persons who have briefly transited other countries or who are unable to find effective protection in the first country. Thus, coming directly from such country via another and having a persecution is recognized as ‘good cause’ for illegal entry. ‘Without delay’ is a matter of fact and degree; it depends on the circumstances of the case. The Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 175 term ‘penalties’ includes but is not necessarily limited to prosecution, fine and imprisonment. In the Article 31(2) of the refugee convention, States not apply to the movements of restriction on refugees within the scope of paragraph 1, other than those that are necessary. But, the States examine the article31 (2), with particular reference to the issue of detention and the “necessary” measures. The power of the State to impose a restriction must be related to a recognized object. The balance of interests requires that alternatives to detention should always be fully explored, such as fair, efficient, and expeditious procedures for the resolution of claims. Refugees are not subject to arbitrary or prolonged detention apart from public policy, national security and a mass influx. In all cases, detained refugees should be able to obtain review of detention. State party to the 1951 Convention undertakes to accord certain standards of treatment to refugees and to guarantee to them certain rights. The preamble of the Refugee Convention also mentions to guarantee to refugees certain rights as much as possible. An over strict approach to defining the terms of the article, giving reasons: “coming directly”, “good cause”, “without delay”, precise meaning of “penalty” , the issue of detention and “necessary” will not be appropriate for the protection of refugees. Moreover, there would be lack of the right of refugee at discretion of the administration. It would therefore be suitable if the Contracting States recognize the boarder view of the terms in article 31 (1) and (2) of the Refugee Convention in balance of legality, necessity and security of the country concerned with regard to the object and purpose of the Refugee Convention. 176 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 References UN doc. E/AC. 32/L.32 UN doc. E/AC. 32/SR.40 UN doc. A/CONF. 2/SR.13 UN doc. A/CONF. 2/SR.14 UN doc. A/CONF. 2/SR.35 Executive Committee Conclusion No. 3 (1977) Executive Committee Conclusion No. 7 (1977) Executive Committee Conclusion No. 22 (1981) Executive Committee Conclusion No. 36(1985) Executive Committee Conclusion No. 44 (1986) Executive Committee Conclusion No. 58(1989) Executive Committee Conclusion No. 65 (1991) Executive Committee Conclusion No. 68 (1992) Executive Committee Conclusion No. 71 (1993) Executive Committee Conclusion No. 85 (1998) Executive Committee Conclusion No. 89 (2000) Executive Committee Conclusion No. 101(1998) Executive Committee Conclusion No. 106 (2006) Executive Committee Conclusion No. 107 (2007) Australia Review, Developments in Australian Refugee Law and Policy, (2010-2011). American Convention on Human Rights, Costa Rica, 22 November (1969). Africa Charter on Human and Peoples’ Rights, 21 ILM, (1982). Convention relating to the Status of Refugees, Geneva, (July 28, 1951), UNTS Vol. 189. European convention on Human Rights, ROME 4 November (1950). Human Rights First’s Report, “Arbitary Detention of Asylum Seekers and US Commitments under the International Covenant on Civil and Political Rights (ICCPR)”, (2010). International Covenant on Civil and Political Rights (December 16, 1966), 999 UNTS 171. Protocol against the Smuggling of Migrants by Land, Se n dir, Supplementing the UN Convention against Transnational Organized Crime, UN doc. /55/383, Nov. (2000). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 177 United Nations Declaration on the Human Rights of Individuals Who Are not Nationals of the Country in Which They Live, UNGA Res. 40/144, 13 Dec, (1985). United Nations General Assembly, Promotion and Protection of Human Rights: Human Rights Questions, including alternative approaches for improving the Effective enjoyment of Human Rights and Fundamental Freedoms, 4 August (2011). Brownlie, I., Bsic Documents in Interntionl Le (5th ed., 2002). Feller, E., Türk V., and Nicholson F. (eds), Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection, Cambridge University Press, (2003). Goodwin-Gill G.S., The Refugee in International Law, (2nd ed., Clarendon Press, Oxford, (1996). Nowk M., UN Covenant on Civil and Political Rights- CCPR Commentary (Engel Verlag, Kehl am Rhein, Strasbourg, Arlington, (1993). Weis, P., The Refugee Convention, 1951: The Travaux Préparatoires analyzed with Commentary’, Cambridge University Press, (1995). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Practices of Consumer Protection in ASEAN Countries Sapae Kyi Maung Abstract All the people in the world can be considered to be consumers in one way or another. So, the protection of consumers is the protection of the citizens of a State. Today the world is in the age of globalization. Trade and technology between countries is rapidly and easily being carried out by businesses using complicated marketing systems and high technology. A variety of products, among them some that cause damage to consumers as they are unsafe for use, are placed on the shelves of markets in every country, with some consumers often being unable to differentiate them from products that are safe for use, due to certain personal disadvantages. These disadvantages occur because consumers often face imbalances in economic terms, education levels and bargaining power. Consumers deserve to be protected from such damages. National laws are vitally important to protect the consumer. In order to protect their citizens, governments have to promulgate in various sectors, laws, rules, regulations, notifications, etc., with various aims and objectives and establish the development of institutional capacity for their enforcement. To provide a legal basis for enforcing basic consumer rights, every country needs to have a consumer protection legislation, covering physical safety, promotion and protection of consumer economic interests, standards for safety and quality of goods and services, distribution facilities, redress and education and information programmes. At present, among the ASEAN Member States, only Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam have principal consumer protection acts. The remaining ASEAN Member States are planning or are in the process of drafting their consumer protection policies and laws. Tutor,Dr, Department of Law, Dagon University 180 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Introduction “Consumer” means any person who uses purchases, acquires, leases, attempts to purchase or acquire and/or who is offered or furnished any real or personal property, tangible or intangible goods or services for personal, family or household purposes which are not for his trade, business or profession. Consumer protection laws therefore, basically stipulate the level of behavior to be expected from traders and the basic level of protection afforded to ensure that consumers are assured of their rights. It is a form of government regulation which protects the interests of consumers without being unduly biased towards the interest of either consumer or business. Basically, consumer protection is that consumers should have the right of access to non-hazardous products, through the promotion of just, equitable and sustainable economic and social development. So, consumer protection should be based on the principles of benefit, justice, harmony, security and safety for consumers, as well as on legal certainty. Many people do not know their consumer rights when encountering problems at the point of sale or after. The obligations on those who sell goods too are generally considerable, corresponding with consumer rights. So, the consumer needs to be educated in order to empower him by fostering in him an understanding of not only his rights but also the responsibilities of the seller. International and regional instruments play a vital role in consumer protection by maintaining the harmonization of national rules and standards within a given region and throughout the world. The main objective of regional cooperation on consumer protection is to overcome disparities in the consumer-supplier relationship, bargaining power, knowledge and the disparity of resources within the regions. National laws are vitally important to protect the consumer. Therefore, governments have to promulgate laws and establish the development of institutional capacity for their enforcement. To provide a legal basis for enforcing basic consumer rights, every country needs to have a consumer protection legislation, covering physical safety, promotion and protection of consumer economic interests, standards for safety and quality of goods and services, distribution facilities, redress and education and information programmes. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 181 At present, among the ASEAN Member States, only Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam have principal consumer protection acts. Thailand was ahead of many others ASEAN countries in the enactment of consumer protection legislation. By 1979, Thailand had implemented a Consumer Protection Act. The remaining ASEAN Member States are planning or are in the process of drafting their consumer protection policies and laws. Meanwhile, consumer protection elements in these countries are covered by other legislations in order to achieve consumer protection objectives. This paper has three parts, the first part is practices of ASEAN, the second is the practices of ASEAN countries, the third is practices of Myanmar and finally recommendations are given by the comparison of countries. Practices of ASEAN For the ASEAN Member States (AMSs) to enjoy healthy economic growth, access to the regional consumer market of 600 million people is important. The economic convergence of AMSs necessitates that member countries work together to ensure that the benefits of convergence flow on to consumers as it does to businesses. ASEAN Member States (AMSs) have embraced the significance of consumer protection in their national development plans. Thailand, for instance, enacted its principal Consumer Protection Act in 1979 (Table 1). On the other hand, Brunei Darussalam, Cambodia, Lao PDR and the Republic of the Union of Myanmar have yet to enact similar legislation. 182 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (Table 1) Status of Principal Consumer Protection Laws in AMSs Country Principal Consumer Protection Act Brunei Darussalam Consultation in progress Cambodia Being drafted Indonesia Consumer Protection Act No 8/1999 Lao PDR Preliminary discussions in place Malaysia Consumer Protection Act 1999 The Republic of the Union of Myanmar Preliminary discussions in place Philippines Republic Act No. 7394 - The Consumer Act of 1992 Singapore Consumer Protection (Fair Trading) Act 2008 Thailand The Consumer Protection Act 1979 Vietnam Ordinance of Protection of Consumer’s Interests 1999 Within the ASEAN region, there are two main conferences relating to consumer protection. They are – - Action Plan of the Southeast Asian Conference on Consumer Protection in Kuala Lumpur, Malaysia on 28-29 November 2005 (Kuala Lumpur Conference) - The Southeast Asian Conference on Consumer Empowerment Protection in Bali, Indonesia on 5-7 November 2006 (Bali Conference). The functions and scope of activities of ASEAN Cooperating Committee on Consumer Protection (ACCCP) are to• • • • implement a mechanism for cross-border settlement of consumer redressal; facilitate regional training courses on consumer protection as ASEAN becomes a more integrated market; empowers consumers’ position in the market place through the development of consumer education tools; facilitate the creation of an ASEAN network of consumer organizations in member countries; Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 • • 183 facilitate publication and websites on consumer protection; and facilitate and encourage the harmonization of consumer protection laws. 1 The objectives of ACCCP are to implement the relevant provisions of the Bali Declaration on Technical Cooperation on Consumer Protection 2006 and Kuala Lumpur Plan of Action on Consumer Protection 2005. The other objectives of ACCCP are to discuss preliminary proposals for regional cooperation and the roadmap for the implementation of mechanisms of Cross Border Consumer Redress and Rapid Alert System for Unsafe Consumer Products under the Southeast Asian Consumer Protection Agencies Network (SEA-CPAN); to form the Working Group on Cross Border Consumer Redress and on Rapid Alert System for Unsafe Consumer Products; and so on. The ASEAN Committee on Consumer Protection or ACCP was founded in 2007, with and objective of paving way for the ASEAN Community (AC) integration. The ACCP is intended to help collaborate all ASEAN member countries in the area of consumer protection, whilst sharing and exchanging experiences, news and information, as well as identifying solutions for problems reported in each country. The annual ACCP meeting was held by as follows. (Table 2) The two initial projects for SEA-CPAN were to establish the Regional Consumer Redress Centers which would give advice to consumers on cross border consumer complaints and to assist with the resolution of consumer claims, and RAPEX (Rapid Information Exchange on Product Safety) which is a rapid notification system to inform member states of banned, restricted, or recalled products. 2 ASEAN too has formed the ASEAN Free Trade Area (AFTA) in a bid to increase the ASEAN region’s competitiveness as a single unit, to eliminate trade barriers between Member States and provide consumers in the region with a higher level of protection. AFTA has produced positive results with most tariffs being now reduced to the 0.5% range and is now working on the elimination of non-tariff barriers (NTBs). NTBs cannot be completely eliminated due to reasons of public safety, environmental concerns, or health reasons. In this regard, ASEAN through the ASEAN Consultative Committee on Standards and Quality (ACCSQ) has 1 Plan of Action for Consumer Protection In Southeast Asia: Concept Paper On ASEAN Coordinating Committee On Consumer Protection, 2005, Kuala Lampur, Malaysia. 2 www.STADTAUS.com_ArticlePKBaliPart1_EDITED_1_2_2007.pdf 184 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 endeavored to harmonize national standards with international standards and implement Mutual Recognition Arrangements (MRAs) on conformity assessment across Member Countries. MRAs are designed to allow products tested in one ASEAN country to be sold in other ASEAN countries without duplicating the testing, registration and certification already done in the first country. On the other hand, the endgoal is to achieve “One Standard, One Test, Accepted Everywhere”. Table (2) The Annual Meetings of ACCP Meeting Year and Place st June 2008, Kuala Lumpur, Malaysia nd 2 meeting August 2009, Hanoi, Vietnam 3rd meeting November 2010, Kuala Lumpur, Malaysia 1 meeting th 4 meeting June 2011, Brunei Darussalam 5th meeting May 2012, Bali, Indonesia th 6 meeting September 2012, Bangkok, Thailand Consumer issues cut across many jurisdictions, so protection measures require cross-sector collaboration and expertise in multiple competencies. As the AMSs are at different stages of political, social and economic development, achieving an equitable level of protection for consumers in the region will require a range of strategic capacity building measures. These include policy development, legislation, enforcement mechanisms, financial and human resource development, acquisition of expertise and skills at national and regional level. The “Roadmapping in Capacity Building Needs in Consumer Protection in ASEAN” report identifies many priority areas for action. These include: • Developing and implementing consumer policies, laws and master plans • Monitoring and enforcement of policies, laws and codes of conduct • Developing effective redress mechanisms • Developing and implementing awareness and educational programmes for consumer protection 185 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 • Research and development 1 In addition, specific capacity building needs were also identified in six selected core consumer areas as summarized in Table 3. Table 3: Consumers’ concerns in ASEAN in six selected core consumer areas Consumer Areas Consumer-related Aspects Safety and ·Consumer products including food. Labelling Phone & Internet Services, and E-commerce Consumer Credit and Banking Consumers’ Demands towards safe and sustainable consumption practices Product labels to provide sufficient information. ·Unsafe products (toys and electrical appliances, cosmetics with presence of dangerous chemical substances or heavy metals, expired products). ·To ensure that the consumer’s safety is not jeopardised. ·Online purchase, rates and charges, access, quality of services. ·Improve avenues for lodging complaints and consumer ·Increasing demand, limited access, frequent interruptions, slow and unstable internet connections and limited coverage especially in rural areas. ·Increased reliance on easy consumer credit to finance purchases of noninvestment goods and services. ·Information provided on labels and in advertisements is not misleading. Redress (including cross-border redress). ·Increase the security in ICT and ecommerce. ·Increase competition and strengthen regulatory enforcement mechanisms to ensure lower prices and better services and access for consumers. ·Regulate interest rates (‘mobile money’ by high interest lenders), unfair or unclear terms of contracts, hidden costs, and unethical debt collection or repossession methods. ·Improve access to credit at reasonable interest rates to vulnerable consumers and curb unscrupulous activities of pawn brokers and unlicensed money lenders. ·Increase consumer programmes. 1 financial literacy Roadmapping Capacity Building Needs in Consumer Protection in ASEAN, Policy BriefFinal, 15 June 2011 186 Environment Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Safe and healthy environment, ·Curb and regulate activities that cause environmental products or services related to water, energy, noise and air. pollution arising from unsustainable consumption and production practices (disposal of household and industrial waste). ·Implement a comprehensive legislation and stringent enforcement to ensure consumer protection. Healthcare Services ·Public and private health care services, pharmaceuticals. ·Governments reliance on the private sector in delivering healthcare services thereby affecting accessibility of vulnerable groups to quality and affordable healthcare facilities. Professional Services ·Chargeable fees and accountability with regards to legal and medical professions. ·Affordable and reliable medical and legal services are considered an essential area of consumer protection. ·Affordability and accessibility to quality healthcare services for all. ·Reduce public dependency on private healthcare services. ·Regulate activities and services of private healthcare services through credible quality ranking and standards. ·Curb and regulate activities and practices of medical and legal professionals with regards to their conduct, fees, quality of services, credibility and qualifications. ·Transparent reporting to increase public awareness and knowledge on unethical professional practices (fraud, dishonest practices, breach of confidentiality, or corruption. ·Build awareness of professionals on the rights of consumers. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 187 In summing up, it is obvious that international and regional instruments play a vital role in consumer protection by maintaining the harmonization of national rules and standards within a given region and throughout the world. It can also be said that although the system of consumer protection within the ASEAN region is not yet as wide-ranging, the establishment of the ASEAN Coordinating Committee on Consumer Protection (ACCCP), ASEAN Consumer Protection Agencies Network (SEA-CAPN) and the ASEAN Consumer Council, as stated in ‘The Kuala Lumpur Plan of Action on Consumer Protection in Southeast Asia’, was an essential step in enhancing consumer protection in the Southeast Asian region. It will improve the coordination of many stakeholders in the region, starting from government and non-government organizations to the individual consumer and thus ensure a more efficient regional and national system of consumer protection. The applicable laws of each country for those countries which have specific Consumer Protection Acts, the related laws in countries which do not have specific Acts or Laws are presented below. Practices of ASEAN Countries At present, although there are only six member countries have the main principal consumer protection law (see in table 1), the paper will be emphasized three member countries, such as the Indonesia, Malaysia and the Republic of the Union of Myanmar, because Indonesia and Malaysia are the leading countries and actively participated in consumer protection in ASEAN Region. (1) Indonesia Indonesia is one of the leading countries in the implementation of the ASEAN Coordinating Committee on Consumer Protection (ACCCP) and the second Conference of ACCCP was held in this country in 2006. In the case of Indonesia, the Constitution of 1945 and its principal Consumer Protection Law No. 8 of 1999 guarantees the rights and obligations of consumers and entrepreneurs. To more effectively protect consumers the Directorate for Consumer Protection has set up a National Consumer Protection Agency (NCPA) and Consumer Disputes Settlement Body (CDSB) in 2001. 188 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 The Consumer Protection Law (law No 8) was issued on 20 April 1999 and effectively enacted on 21 April 2000. This Law composes of 15 chapters and 65 articles. Under the Consumer Protection Law, the basic principles of consumer protection are based on the principles of benefit, justice, harmony, security and safety for consumers, as well as on legal certainty. 1 In addition, specific capacity building needs were also identified in six selected core consumer areas as summarized in as follows: (Table 4) Table 4: The Six selected Core Areas of Laws in Indonesia Consumer Areas Laws, Regulations, Other Related Laws, Concerned Departments and Ministries Safety and Labelling - The Consumer Protection Law (law No 8) 1999 - Act No. 7 of 1996 on Food - Government Regulations No. 28 , 2004 on Food Safety, Quality and Food Nutrition - Government Regulations No. 69 , 1999 on Labels and Food Advertisement Phone & Internet Services, and E-commerce There is not yet. Consumer Credit and Banking - Banking Law, Insurance Regulation under the Ministry of Finance Environment There is not yet. Healthcare Services - Professional Services - 1 Article 2, The Consumer Protection Law 1999 (Indonesia). 189 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Regarding consumer product safety, food and drugs are under the National Agency for Food and Drugs Control, health equipment is under the Ministry of Health and household electrical products, toys for children/ infants and cars are under the Ministry of Industry. The following laws, focused on the supervision and implementation of consumer protection, were issued: - Government Regulation No. 57/2001 on National Consumer Protection Agency (NCPA), - Government Regulation No. 58/2001 on Guidance, Supervision and Implementation of Consumer Protection - Government Regulation No. 59/2001 on Consumer Protection Non Government Organization (CP-NGO) and - President Decree No.90/2001 on Consumer Disputes Settlement Body (CDSB) One of the objectives of the Act No. 7 of 1996 on Food is to ensure food availability which fulfils the requirements on safety, quality and nutrition for the interest of human health. Food safety is defined in article 1(4) of Act No.7 of 1996 that ‘food safety is the condition and efforts required to prevent food from possible biological, chemical-contamination and contamination by other objects which may disturb, harm and endanger the human health’. The Indonesian Government also cooperates with consumer organisations to promote consumer awareness, further consumer education and to encourage consumer empowerment. And than, the government officially and voluntary recalled and banned the products that are unsafe and risks products. (Table 5) Table 5: Officially/ Voluntary Recalled/Banned Products in Indonesia No. 1. Products/Subject Home Appliences Merk “Heles”: - Rice Cooker, Tipe Hl-181, HL-182. - Hair Dryer Tipe HR-3536, HR-1026, HR-1028T, HR3538, HR-3512, HR-6031, HR-3502, HR-3535. Country of Origin Type of Action Reason of Recall /Ban China Recall No Manual Book and after Sales Warrant Card in Indonesian Language Date of Recall/Ban 27 April 2012 until 27 July 2012 190 No. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Products/Subject Country of Origin Type of Action Reason of Recall /Ban Recall Potential risk occurred in tire holder located under the body of car. If the vehicles become older and are used on the bad road, the tire can loose and it can endanger other road users especially when drove at high speed Date of Recall/Ban - Toaster Merk Heles, Tipe HL-602. - Vacuum Cleaner Merk Heles, Tipe HL-611, HL-612, HL-123. - Blender Merk Heles, Tipe HL-0751, HL-153, HL-152, HL-253, HL-252. -Daihatsu Cars : Pick up, Mini Bus, Dark Van and City Car which consist of: - 48.703 units of Gran Max: 36.988 units of Gran Max Pick Up (GM PU) production date from 2007 until October 15, 2010; 11.715 units of Gran Max Mini Bus (GM MB) and Gran Max Blind Van (GM BV) production date from 2007 until October 23, 2008. June 2012 Upon studying the Indonesian Consumer Protection Law, it can be said that it is, on the whole, a good law. It provides separately, chapter by chapter, for the principles and objectives of the law, the rights and obligations of consumers and business entities, the formation and functions of National Consumer Protection Board and Agency, the responsibility and prohibited actions for business, settlement of disputes, and sanctions. But this law also Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 191 has a few deficiencies in that product liability, consumer safety and what is meant by misleading and unfair conducts do not have separate chapters. The above shows that the consumer movement in Indonesia is active and the government plays an import role in organizing national training workshops to better equip entrepreneurs, relevant officials and consumers to play their role effectively. (2) Malaysia Malaysia is also one of the leading countries in the implementation of the ACCCP and the first Conference of ACCCP was held in this country in 2005. The principal legislation in consumer protection is the Consumer Protection Act 1999 and it comes under the purview of the Ministry of Domestic Trade and Consumer Affairs (MDTCA). The Consumer Protection Act 1999 (CPA) came into force on 15 November, 1999. The CPA comprises 14 parts and a total of 150 sections. The Act applies in respect of all goods and services that are offered or supplied to one or more consumer in trade but does not apply to some services, contracts and trade transactions. The CPA provides a general law on product safety aimed at those areas not already covered by specific statutes. The general law on product safety also applies equally to the safety of services. These provisions on safety apply equally to imported goods. The six selected core consumer areas in Malaysia are also summarized in as follows: (Table 6) Table 6: The Six selected Core Areas of Laws in Malaysia Consumer Areas Laws, Regulations, Other Related Laws, Concerned Departments and Ministries Safety and Labelling - The Consumer Protection Act 1999 - The Food Act 1983 - The Food Regulations 1985 - The Food (extensions of Food Act 1983 to Tobacco and others) Regulations 1993 - The Control of Tobacco Product Regulations 2004 192 Consumer Areas Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Laws, Regulations, Other Related Laws, Concerned Departments and Ministries - The Food (Issuance of Health Certificate for Export of Fish and Fish product to the European Union) Regulations 2009 - The Food Hygiene Regulations 2009 - The Trade ‘descriptions Act 1972 - The Medicines (Advertisement and Sale) Act 1956 (revised 1983) Phone & Internet Services, and E-commerce - The Electronic Commerce Act 2006 - The Digital Signature Act 1997 - The Digital Signature Regulations 1998 - The Computer Crimes Act 1997 - The Communications and Multimedia Act 1998 - Under the purview of the Ministry of Energy, Water and Communications - Administered by the Malaysian Communications and Multimedia Commission (MCMC) Consumer Credit and Banking - The Banking and Financial Institutions Act 1989 - The Islamic Banking Act 1983 - The Insurance Act 1996 - The Moneylenders Act 1951 - The Hire Purchase Act 1967 - The Pawnbrokers Act 1972 - The Hire Purchase Act 1967 Environment - The Environmental Quality Act 1974 - The National Water Industry Act 2006 - The National Water Services Commission Act 2006 - The Water Act 1920 (revised 1989) - The Sewerage Services Act 1993 - The National Environment Policy Healthcare - The Nurses Act 1950 (revised 1969) Services - The Medical Act 1971 - The Dental Act 1971 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Consumer Areas 193 Laws, Regulations, Other Related Laws, Concerned Departments and Ministries Professional - The Nurses Act 1950 (revised 1969) Services - The Architects Act 1967 - The Medical Act 1971 - The Dental Act 1971 - The Legal Profession Act 1976 Matters regarding consumer redress under the CPA are administered by the Tribunal for Consumer Claims under the Ministry of Domestic Trade and Consumer Affairs (MDTCA), as an independent body established under the Consumer Protection Act 1999. The CPA has other powers to order the supplier to recall, stopping the supply and advertisement, repair, replace and refund of the unsafe goods and to disclose to the public all relevant information regarding the unsafe goods. 1 It should be noted however, that healthcare goods and food are expressly excluded. 2 The CPA introduced a strict liability regime for product liability and a product is deemed defective if the safety of the product is not such as a person is generally entitled to expect. 3 Safety of a product shall include safety with respect to products comprised therein; safety in the context of risk of damage to property, and risk of death or personal injury. 4 The Food Act 1983 and the Food Regulations 1985, under the purview of the Ministry of Health (Food Safety and Quality Division), protect the public against health hazards and fraud in the preparation, sale and use of food, labeling and related activities. For tobacco products, the Control of Tobacco Product Regulations 2004 also provides for labelling and packaging requirements such as the printing of warnings and lettering requirements. The principal Act governing trade descriptions and advertising is the Trade Descriptions Act 1972. It seeks to discourage false and misleading 1 Section 23(2), The Consumer Protection Act 1999 (Malaysia) Section 19(6), ibid. 3 Section 67(1), ibid. 4 Section 67(4), ibid. 2 194 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 descriptions of goods and services by imposing criminal sanctions. Regarding advertising, it is also regulated under specific legislations, such as Medicines (Advertisement and Sale) Act 1956 (Revised 1983). It prohibits advertisements relating to certain diseases, abortions, and skill or service. All advertisements of medicines are to be approved by the Medicine Advertisements Board. In Malaysia, the voluntary recalled/ banned products that are unsafe goods under the law. (Table 7) Table 7: Voluntary Recalled/Banned Products in Malaysia N o. Products/Subject Type of Action Reason of Recall /Ban Date of Recall/Ba n 1 IKEA 365+ SANDA track 70 and 114 Recall - Risk of electric shock. April 2012 - During servicing for wheel alignment, if the nuts for adjusting the rear wheel are improperly tightened, backlash may occur at the thread portion of the rear suspension arm no. 1. With presence of rust, thread may wear out and emit abnormal noise during operation. August 2012 Toyota RAV4 Rear Suspension Arm No. 1 produced from 2005 to 2010 Recall The introduction of the National Consumer Policy 2002 has brought about a higher level of consumer protection, awareness and education in Malaysia. The National Consumer Policy aims to encourage the balance of rights and responsibility between consumers, producers and the Government in executing their duties. It is also to inculcate the practice of sustainable consumption among the consumers and the producers so as to safeguard the needs of future generations. The National Consumer Policy focuses upon three main areas namely self-protection of the consumers, self-regulation among the producers and the role of Government in providing sufficient protection in the forms of laws and regulations. It is also to improve consumers’ well being by expanding their Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 195 rights and protections through sufficient access to the right information and medium of justice. The MDTCA is the focal point for consumer complaints in Malaysia. The Ministry has established several consumer councils at the national, state and district level to promote a more organized consumer movement. These councils consist of: (i) (ii) (iii) (iv) National Consumer Affairs Council State Consumer Affairs Council District Consumer Affairs Council National Consumer Affairs Council NGOs also receive complaints from the public. In general, Malaysia has introduced a rather comprehensive policy on consumer protection and is striving to keep pace with the new demands on consumer protection brought about by the rapid pace of globalisation and liberalisation of trade by establishing an online system of receiving consumer complaints in addition to the receipt of complaints by telephone, letters and walk-ins. Malaysia’s consumer protection law and other related laws, consumer organizations and agencies are better than other ASEAN countries. (3) Philippines In Philippines, with regard to consumer protection, the Constitution of Philippine 1986 protects consumers from trade malpractices and from substandard or hazardous products. 1 To protect the interests of the consumer, promote his general welfare and to establish standards of conducts for business and industry, the Consumer Act of the Philippines (Republic Act No. 7394), is the basic consumer protection law of the country, which took effect on 15 July 1992. This law has 11 titles, 14 chapters and 173 sections. The Department of Trade and Industry (DTI) shall enforce the provisions of liability for product and service and its implementing rules and regulations. 2 1 Section 9, Article XVI, General Provisions, The Philippine Constitution1986. 2 Article 96, ibid. 196 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 The Advertising Board of the Philippines or Ad board is a governing body composed of representatives of national organizations involved in advertising practice. The Ad board has adopted a Code of Ethics in 1973. In addition, the Ad board is guided by the Advertising Content Regulation Manual of Procedures and the Standards of Trade Practices and Conduct Manual which serves to keep advertising within correct, ethical, and wholesome bounds, and helps to assure professional advertising practice. The Department of Trade and Industry, as well as the other consumer protection agencies are faced with challenges as regards the implementation and enforcement of consumer protection. (4) Singapore The main provision of consumer protection is the Consumer Protection (Fair Trading) Act (CPFTA), which was passed by Parliament on 11 November 2003, to provide the legal framework for consumers aggrieved by unfair trade practices to have recourse to civil remedies before the courts. This Act was amended in 2008.This Act has 20 sections. In relation to the CPFTA, the Consumers Association of Singapore (CASE) and the Singapore Tourism Board (STB), a non-profit and nongovernmental organization, are currently the specified bodies to look after the interests of local consumers and tourists respectively. As the specified bodies under the CPFTA, CASE and STB are empowered to offer errant suppliers a non-litigious option in the form of a Voluntary Compliance Agreement (VCA) whereby the supplier voluntarily agrees not to engage in an unfair practice. There are two advisory Councils: (i) Advertising Standards Authority of Singapore; and (ii) Case Trust Advisory Council. Currently, the mediation services are available through Community Mediation Centers, Singapore Mediation Centre, CASE and various industryspecific mediation facilities. If the dispute cannot be settled, the consumer may file a claim in court for civil remedies. The consumer may also have rights of action under contract or tort law. 1 Regarding advertising, the Advertising Standards Authority of Singapore (ASAS) makes the Standard Code of Advertising Practice (SCAP). The basic premise of SCAP is that all advertisements should be legal, decent, 1 Country Report of Singapore in 2008. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 197 honest and truthful. The Direct Marketing Association of Singapore (DMAS) also makes the DMAS Code of Practice. Table 8: Consumers’ concerns in ASEAN in six selected core consumer areas Consumer Areas Laws, Regulations, Other Related Laws, Concerned Departments and Ministries Safety and Labelling - The Consumer Protection (Fair Trading) Act2008 Phone & Internet Electronic Transaction Act - The Consumer Protection (Trade descriptions and safety requirements) Act2008 Services, and E-commerce Consumer Credit and Banking - Moneylenders Act - Hire purchase Act - Insurance Act Environment - Healthcare - Services Professional - Medical Registration Act Services (5) Thailand Regarding legislation, in 1979 Thailand adopted the Consumer Protection Act which has 4 chapters and 62 sections. The rights of consumers are prescribed in section 4 of that Law. In general, the Consumer Protection Act, 1979 provides protection in three different fields: consumer protection on advertising, labelling and contracting. Part 1 and 2 of the Act include the ministerial regulations and the notices of the Advertising Committee and the Label Committee as well. Other elements of consumer protection are provided in other specific laws, e.g. Cosmetics Act of 1992, Food Act of 1979, Condominium Act of 1979 and Medicine Act of 1958 etc., under the specific responsible agencies. 198 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 The main authorities to declare a product as unsafe or do not comply with reasonable safety standards are the Office of Industrial Product Standards, Ministry of Industry and the FDA, Ministry of Public Health depending on the type of products. Thailand’s Consumer Protection Act recognizes the rights of consumers and provides for product safety, advertising, labeling and consumer redress. The country also has a centralized system for product safety alert. In addition, other specific laws such as the Cosmetic Act, the Food Act, the Medicine Act, etc., also provide protection to the consumer. In addition the OCPB receives customer complaints and negotiates between the aggrieved customer and business operator. Therefore it can be said that Thailand has a viable system of consumer protection. (6) Vietnam In Vietnam, the principal Consumer Protection Act is the Ordinance on the Protection of Consumer’s Interests which was adopted by the Standing Committee of the National Assembly on 24 April 1999. The Ordinance includes 6 Chapters and 30 Articles. Consumer redress is covered by Decree No. 55/2008/ND-CP which details the implementation of the Ordinance on the Protection of Consumer’s Interest. Product Safety and Liability is covered by Ordinance of Food Hygiene and Safety 2003; electronic commerce matters by the E-transactions Law 2005; competition by the Competition Law2004; labeling by the Decree of Labelling of Goods 2006; advertising by the Ordinance of Advertisement 2001; banking by the Credit Institutions Law 1997; and insurance by the Insurance Business Law 2000. The Vietnam Food Administration under the Ministry of Health is in charge of food safety. (7) Brunei Darussalam Brunei does not have a principal Consumer Protection Act yet. Hence present constitutional provisions relating to consumer protection are compartmentalized in that the need or obligation to protect consumers exists only in certain paragraphs of present stand-alone acts, eg Moneylenders Act, Price Control Act, etc. The Price Control Act [Cap 142], which is related to labeling, requires retailers / sellers to exhibit clearly and conspicuously the price labels only. However, control of display of public advertisement including billboards, Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 199 signboards or sky signs is enforced under a new regulation for the Control of Advertisements (section 5[1]) of the 1972 Town and Country Planning Act (Cap 143). Banking is covered under the Banking Act (Cap 95), the Islamic Banking Act (Cap 168) and the International Banking Order. Regarding agencies responsible for consumer product safety in the country, currently, only the following agencies are active in highlighting the safety of products: 1. Halal Control Division, Department of Syariah Affairs, Ministry of Religious Affairs with regard to meats accessible to and sold in the country. 2. Ministry of Health through its Quality Control Unit, Food Safety and Quality Control Division, Department of Health Services, for food and medicines entering the country. There is no specific policy on consumer protection in Brunei, and there is a corresponding absence of a Consumer Protection Law to deal with complaints relating to products other than food and pharmaceutical goods and an absence of any data relating to complaints and consumer queries. Thus, there is a need to formulate a specific policy as a guide to developing an umbrella law to protect consumers. (8) Cambodia The Kingdom of Cambodia has several laws and regulations to protect consumer’s rights and interests; even though there is no specific law with comprehensive elements under the full scope of consumer protection. In addition, the Law on the Management of Quality and Safety of Products and Services dated June 21, 2000 also provides a legal framework for consumer protection in the field of public health, safety, fraud and deception including advertisement in connection with products and services. Besides, some relevant agencies, such as the Ministry of Public Health; the Ministry of Agriculture, Forestry and Fishery; the Ministry of Industry, Mines and Energy also possess their own laws and regulations which focus on Consumer Protection. The responsibilities carried out so far by Cambodia Import Export Inspection and Fraud Repression Department “CAMCONTROL” (now promoted to Camcontrol Directorate- General) covers the protection of consumers in all aspects including food and non-food products and fraud, protecting against harm to human health from unsafe goods and any harm to human, property and the environment from general product issues. It is 200 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 supported by the Law on the Management of Quality and Safety of Products and Services. 1 Apart from crucial activities undertaken by Camcontrol as mentioned above, the Ministry of Commerce and Consumer International has conducted some training courses in Phnom Penh with the participation of Government officials, industry, NGO, professors and students to disseminate and provide education and information on the aspects of consumer protection. (9) Lao People’s Democratic Republic Laos does not have a law on consumer protection which is a comparatively new concept in the Lao PDR. Although Laos does not yet have a law on consumer protection, the government is trying to draft such a law with the support and assistance of Consumer International, located in Malaysia, and the Governments of Malaysia and Indonesia. In the Department of Food and Drug there are the National policy on Drug, 2003; the Law on Drug and Medical Equipment, 2000; the Food Law, 2004; the Regulation on Bottled Drinking Water, 2006; the Regulation on the Control on the Production and Exported-Imported Safe Food, 2006; the Rule on the Establishment of Exported - Imported Drug and Medical Equipment Company, 2003; the Rule on the Registration of Drug, 2003; the Rule on the Promotion of Food, Drug and Medical Equipment, 2003; the Rule on the Donation of Drugs and Medical Equipment, 2003 and several other Rules and Promulgations that are used in this field. 2 Regarding penalties for dealing in sub-standard goods, sometimes, the staff of the Department of Food and Drugs of the Ministry of Health and the Department of Standardization, Metrology and Intellectual Property, the Science-Technology and Environmental Agency (STEA) control the quality of foods, drugs and cosmetics in the markets, and if they find some inconsistencies in the quality of goods, they seize and destroy them. 3 1 Country Report of Cambodia in 2008. Country Report of Laos PDR in 2008. 3 Ibid. 2 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 201 In addition, public awareness campaigns about the disadvantages or risks of unsafe foods and drugs are being carried out by the Department of Food and Drugs on TV and via other media. The position of the Laos PDR can be said that, although Laos has drafted and uses many laws and rules, their legislation is not adequate. So, consumer protection law is essentially needed in Laos PDR. The Practices of the Republic of the Union of Myanmar Although Myanmar does not yet have a Consumer Protection Act, there are other laws relating to consumer protection. The Constitution of the Union of Myanmar (2008) indirectly implies consumer protection. Section 36(b) of the Constitution provides that the Union shall protect and prevent acts that injure public interests through monopolization or manipulation of prices by individuals or groups with intent to endanger fair competition in economic activities. Among them, the National Drug Law 1992, the Traditional Drug Law 1996 and the National Food Law 1997 are mainly protection from harmful drugs and foods for consumer, like as consumer protection law. And the Ministry of Health and the City of Yangon Development Committee (YCDC) are mainly actionable departments in Myanmar. The Food and Drug Administration (FDA) established since 1995, takes care of the safety and quality of Food, Drugs, Medical Devices, Cosmetics and Household Materials. Food and drug control activities have been expanded with establishment of Food and Drug Administration Branch in Mandalay in 2000. To ensure efficient and uniform control throughout Myanmar, various levels of Food and Drug Supervisory Committees (FDSC) were formed on 30 December 1992 by the Ministry of Health. 1 The FDSC was attached to the Myanmar Police Forces, Ministry of Home Affairs by Notification No. 3 MaKha (Pa) 91/985 on 16 March 1993. Food &Drug Administration has two divisions; Food Division and Drug Division. Each division has Enforcement & Laboratory units. Food enforcement unit comprises of regulatory affairs, inspection, training and 1 The Ministry of Health Notification No. 3 MaKha(Pa)90/4376. 202 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 advisory services. Food laboratory unit has food and water microbiological and chemical laboratories. As food and drug safety is concerned with a number of sectors including Agriculture, Veterinary, Livestock and Fisheries, Industry, Trade, Police, General Administration, City Development Committees and in recognition of the need for integration, Myanmar Food and Drug Board and Authority (MFDBA) was formed in the year 2000. The Minister for Health leads the Board and members are senior officials from other related ministries. After that, according to the Notification No.1/2002, the Food and Drug Supervisory Committee was modified. Since 2002 the Central Food and Drug Supervisory Committee, District Food and Drug Supervisory Committees, Divisional Food and Drug Supervisory Committees and Township Food and Drug Supervisory Committees have been formed 1 by the Ministry of Health in an effort to ensure consumer safety and health with regard to food, drinks and drugs. And under Notification No.3/93 Rules for Registration of Drugs, Notification No. 7/93 Rules for Labelling and Advertising of Drugs were enacted in 1993. To enable the public to have quality and safe food, efficacious drugs, medical devices, cosmetics, household materials, Food and Drug Administration is implementing the tasks complying with guidance from the National Health Committee, Ministry of Health and Myanmar Food and Drug Board of Authority according to National Drug Law 1992 and its provisions, National Food Law 1997 and Public Health Law 1972. The Ministry of Health issued the notification 1/10 for cosmetic regulation in line with ASEAN Cosmetic Directives and Food and Drug Administration is implementing the cosmetic notification and post-market survey. For the interim measures, FDA, Department of Health refers Codex Alimentarius Commission (CAC) as working materials. Government enforces to practice Good Manufacturing Practice (GMP) mandatory in food processing industries. Food and Drug Administration encourages all sectors 1 The Ministry of Health, Myanmar Food and Drug Administration department Notification No.1/2002. (11 January 2002) Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 203 of food manufacturers to implement Hazard Analysis Critical Control Point (HACCP) concept and Risk Analysis Approach to all food control officers. 1 Food and Drug Administration issues Health Recommendation for Local food manufacturing, imported food and food to be exported. Health Recommendation were given to 440 drinking water factories, 250 major food production facilities which comply with Good Manufacturing Practice(GMP) and 40 small traditional food production facilities which comply with Good Hygienic Practice (GHP). 2 Food and Drug Administration has issued 1776 Drug Registration Certificates, 65 Drug Importation Approval Certificates in 2010. Pre-market control and Post-market surveillance (PMS) are conducted to assess quality and safety of food and drug. In 2010, Post-market survey on food such as soft drink, pickled tea leaves, fish paste, chili powder etc was done. One fish paste sample out of 147, ten chili powder samples out of 225, nine chili sauces out of 72 were found containing unpermitted colour dye and were publicized in newspapers. 3 Out of post-market survey of 124 drugs, 2 counterfeit drugs, 3 substandards and 12 unregistered drugs were found. State/Regional Food and Drug Supervisory Committees were duly informed for necessary enforcement actions. 4 City Development Committees are concerned with street food, food service establishments as food safety. CDCs have licensing authority within their jurisdiction. In order to the protection of public health and sanitation, there are being carried out by the Yangon City Development Committee (YCDC). For instance, the Rules for Health were proclaimed by the YCDC on 17 December 1999 under the provision of Section 33(a) of the City of Yangon Development Law 1990 5. In 2001, the Department of Pollution Control and Cleansing of the Yangon City Development Committee drafted the 1 Myanmar Country report , FAO/WHO Regional Conference on Food Safety for Asia and the Pacific, FDA Myanmar, Department of Health 2 http://www.moh.gov.mm/healthinmyanmar2011 http://www.moh.gov.mm/healthinmyanmar2011 4 http://www.moh.gov.mm/healthinmyanmar2011 5 The State Law and Order Restoration Council Law No. 11/90, Law Amending the City of Yangon Development Law (SLORC Law No. 5/95) and Law Amending the City of Yangon Development Law (SLORC Law No. 1/96) 3 204 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Notifications and Procedures for Environmental Protection and Sanitation Works. But these notifications and procedures have not yet been enforced in Myanmar. In Myanmar, the Ministry of Health (Food and Drug Administration Department) and the Yangon City Development Committee are the main government bodies who are actively operating and co-operating together in consumer protection. Promotions of community awareness are made through all forms of media in collaboration with the Ministry of Information, media personnel and through national NGOs. Under the Industrial Law, the Directorate of Industrial Coordination & Inspection of Ministry of Industry is the licensing authority for industrial establishment; it has to license all food manufacturing establishments. The Ministry of Industry I too has issued an action plan as a standing order. The Chemical Safety Laws for managing toxic chemicals and hazardous wastes are presently being drafted. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 205 The six selected core consumer areas in Myanmar are also summarized in as follows: (Table 8) Table 8: The Six selected Core Areas of Laws in Myanmar Consumer Areas Laws, Regulations, Other Related Laws, Concerned Departments and Ministries Safety and Labelling - The Penal Code 1860 - The National Food Law 1997 - The National Drug Law 1992 - The Traditional Drug Law 1996 - The Rules for Health 1999 - The Order for Cosmetics 2010 Phone & Internet - The Electronic Transaction Law 2004 Services, and E-commerce Consumer Credit and Banking - The Saving Banks Law 1992 - The Central Bank of Myanmar Law 1990 - The Financial Institutions of Myanmar Law 1990 Environment - The Pesticide Law 1990 - The Plant Pest Quarantine Law 1993 - The Fertilizer Law 2002 - The Rules for Health 1999 Healthcare - The Constitution of the Union of Myanmar 1974 Services - The Constitution of the Republic of the Union of Myanmar 2008 - The Penal Code 1860 - The Union of Myanmar Public Health Law 1972 - The Law relating to Private Health Care Services 2007 - The National Drug Law 1992 - The Traditional Drug Law 1996 - The Blood and Blood Products Law 2003 - The Body Organ Donation Law 2004 206 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Consumer Areas Laws, Regulations, Other Related Laws, Concerned Departments and Ministries - The Control of Smoking and Consumption of Tobacco Product Law 2006 Professional - The Myanmar Medical Council Law 2000 Services - The Traditional Medical Council Law 2000 - The Dental and Oral Medical Council Law 1989 - The Law Relating to Private Health Care Services 2007 - The Law Relating to the Nurse and Midwife 1990 - The Bar Council Act 1929 - The Legal Practitioner Act 1880 - The Attorney General Law 2001 Recommendations The recommendations of the paper are as follows: Consumer protection is intended to promote fair trading by redressing the balance of power between consumers and businesses. It has an important bearing on economic and social development as well as on the health, safety and welfare of the people of all countries. After studying the country of Indonesia, it has main Consumer Protection Law. It was enforced since in 1999. This law based on the principles of benefit, justice, balance, security, safety and legal security. This law have rights and obligations of entrepreneurs and consumers, actions prohibited for business entities, guidance and supervisions, formation of National Consumer Protection Board and Consumer Protection Agencies, about the disputes settlement bodies, consumer disputes settlement board, investigation, sanctions, and so on. So it can be said that this Consumer Protection Law is a good law to protect the consumers. And, relating to food safety, the Act No. 7 of 1996 on Food and Government Regulations No. 28 on food safety, quality and food nutrition are enacted. For consumer credit and banking, laws related to bank and insurance are also enacted. But due to lack of Laws and Regulations relating to health care services, professional services, e-commerce and environment, the practices of consumer protection of Indonesia cannot be said that it has Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 207 good practices for consumer protection. However, it has a National Consumer Protection Agency (NCPA) and consumer Disputes Settlement Body (CSB) in order to more effectively protect consumers. After studying about Indonesia’s Law and practices of consumer protection, the paper continuously studied about the Malaysia Law and practices it. It is also one of the leading countries in implementation of the ACCP, as like Indonesia. It also has a main consumer protection law. The Consumer Protection Act (CPA) come into force in 1999, and it has 14 parts and 150 sections. It is a general law on products and services safety. They have many consumer protection laws (see Table 6). They have all areas of selected core areas of Laws. It also has National Consumer Policy 2002 which has bought about a higher level of consumer protection, awareness and education in Malaysia, and the government has also introduced the Malaysian Code of Business Ethics 2002 which embodied six principles such as – sincerity in business dealings; conscious of responsibility towards customers, society and environment; geniality towards fellow humans; moderation in business dealings; fair treatment of customers and enthusiasm in business building. And then it has many consumer complaints and redress centre, tribunal for consumer claims. To promote a more organized consumer movement, the Ministry has established served consumer councils at all levels of State. After studying the practices of Malaysia consumer protection, protection of consumers in Malaysia are better than other ASEAN countries. In Myanmar, although there has no direct consumer protection law, there are several related laws to protect the consumers. Now the drafting of consumer protection law is placed in preliminary discussions. Although, in the past, there has many practices to protect consumers, for instances – offices of city development committee and standard scales in markets, there has no situations to control and enforce effectively. At the recent, the Association of Consumer Protection, as a Social Organization, organized to protect consumers, to share the knowledge and information about unsafe and dangerous consumer products and to help the injured consumers. 208 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Besides, last month, FDA announced to open branch offices at the border areas, for eg. Musal, Myawady, to control and inspect the consumer products entering from neighbouring countries. Whereas, the Food and Drug Administration (FDA) though being established a lot of years in accordance with the law is still a small sized regulatory agency. It is also quite a challenging for it to accomplish all possible control measures that are involved in comprehensive food safety control. The present FDA requires more qualified staff, laboratory analysis, many branch offices in all over country to control and test all consumer products effectively. Myanmar, whose political and economy activities has been rapidly changed, has a challenging task in dealing with Food Safety measures as exports and imports of food commodities are now having a booming business. FDA has been established since 1995 and Notifications are under process. Many limited functional capacity is the main constraint. Hence, FDA practices Myanmar Food Industry and other concerned departments should comply with HACCP based Food Hygienic Practices on Food Inspection that makes the food industry should apply this guidelines. FDA must utilize Codex Alimentarius Commission materials as working materials as interim measure before developing national standards, practices and guidelines. The Food Control authorities should realize that Risk Analysis Approach and pre and post market surveillance must regularly conduct to assess quality and safety of food for public. And the concerned Ministries and departments must take actions of control effectively more than in the past. References 1. Consumer International, Asia Pacific Consumer, Vol.424/(2005) 2. Country Report of Cambodia in (2008) 3. Country Report of Indonesia (2008) 4. Country Report of Laos PDR in( 2008) 5. Country Report of Philippine in (2008) 6. Country Report of Singapore in (2008) Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 209 7. Plan of Action for Consumer Protection in Southeast Asia : Concept Paper on ASEAN Coordinationg Committee on Consumer Protection, (2005), Kuala Lampur, Malaysia. 8. Roadmapping Capacity Building Needs in Consumer Protection in Asean (Policy biref)(2011) 9. The Consititution of the Kingdom of Thailand (2007) 10. The Consumer Act (1992) (Philippines) 11. The Consumer Protection (Fair Trading)Act (CPFTA) 2003(Singapore) 12. The Consumer Protection Act (1999)(Malaysia) 13. The Consumer Protection Law (1999) (Indonesia) 14. The Philippine Constitution (1986). 15. WWW.asean.org 16. WWW.commerce.gov.mm 17. WWW.consumerinternational.org/roap 18. www.ministryofhealth.org 19. www.STADTAUS.com_ArticlePKBaliPart1_EDITED_1_2_(2007).pdf Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Learning, Firm Performance and Environmental Dynamism: A Study of Private Manufacturing Firms in Yangon Khine Tin Zar Lwin* Abstract Transition to market economic system favored the substantial growth of private enterprises throughout the country. However, globalization, together with regional integration, makes it challenges for sustaining the competitive advantage of the firms. Of theories of the firm, it has been suggested learning as the one of the key capabilities that can explain the variation in the firms’ performance. In addition it has been argued that variations in the firm performance differ according to the environmental to context. Based on these grounds, a conceptual framework was adopted in order to test how the different types of learning influence the firms’ performance and how their performance vary in relation to the exposure to different environmental dynamism by using the random sample of 120 private manufacturing firms from industrial zones in Yangon area. The result of OLS analysis showed that the different types of learning influence the firms’ performance differently. In addition, the effect of learning on the firm performance differs according to the nature of competitive environment. The findings call for further discussion and useful implications. Key words: learning, knowledge, performance, manufacturing firms Introduction Myanmar economy has encountered significant changes after transition to market oriented system. In the previous economic system, the participation of private sector in economic activities is rather limited and as a result many of the private activities were confined to the small scale industries that were operating under unfavorable environment. But after transition to market economic system, the government encouraged the participation of Tutor,Dr, Department of Commerce, Yangon Institute of Economics *Best Paper Award Winning Paper in Economics(2012) 212 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 private sector in national economy with the hope that promotion of private sector would strengthen the national economy and promote economic development through competition in the market mechanism. Many of the former stated owned enterprises were privatized; industrial zones were established to promote their systematic development and various laws were endorsed that allowed for the foreign directed investment to facilitate transfer of knowledge and technology to the local firms. However, with liberation, regional integration and globalization, it makes increased challenges for the survival of the firms. Many of the firms are under the intense competition of imported products from neighboring countries in the region. Especially, the growth of China has made under pressure for local firms due to their relatively lower price products. Survey of literature suggests that organizational learning is one of the capabilities for competitive advantage (e.g. Eistenhardt & Martin, 2000). In addition, a number of researcher showed the variations in firms’ performance can be observed due to the differences in the level of learning capability (e.g. Nonaka &Takeuchi, 1995). A number of empirical studies has been explored how the learning capability impact the firms performance in the developed and developing countries context. Organizational learning has been proposed as a viable concept for firms facing under pressure for their survival. As a result, this study explored the performance differences among the firms form the organizational learning perspective. To achieve this, this study identified the different types of learning and investigated their impact on the firms’ performance. In addition the moderating impact of different environmental condition is considered in order to achieve comprehensive understanding. The study has a set of objectives. First, it investigates how different types of learning impact the firms’ non financial performance. Then, contingency perspective is undertaken in order to explore the relationship between the two domains of learning, and firms’ performance. Hypothesis Development Overview of Learning The concept of learning has been dated back to the two theories of learning that has their origins in psychology: cognitive theory and behavior theory. Both attempted to explain how can be reflected the effects of leaning outcomes, but the consent that what is meant by learning is not match. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 213 Cognitive theory emphasized on change in thought processes as the outcome of learning. For example, Narver and Slater (1995) defined leaning as the development of new knowledge and insights that has the potential to influence the behavior. However, the focus of the behavior theory was change in observable behavior and view learning as adaptative process. Later researches attempted to bridge the gap by integrating these two perspectives. “Learning means the process of improving actions through better knowledge and understanding” (Fiol & Lyles, 1985). ‘Learning as the process of change in cognition and behavior and it doesn’t not necessarily follows that the change will directly enhance performance” (Crosson et al., 1995). Internal Learning Internal learning can be generally referred to as learning at an intraorganizational level. Different authors maintain different views of internal learning. Scholder et al., (2002) viewed internal learning as a routine practice at individual and organizational level that fosters private knowledge, causal ambiguity and social complex factors that confer completive advantage and inhibit transfer. Bierly & Hamalaninen (1995) viewed internal learning as shared knowledge among organizational members that fosters organizational capabilities and can be seen in several domains inside the organization. However, since the concept of “team” or “group” is difficult to make applicable due to the relatively informal structure and their work culture, this study categorized internal learning into two domains: individual and organizational. Internal Learning and Non-financial Performance This study maintains individual learning as the development of individual competence, capability and motivation to undertake a required task through intuition and the interpretation process among employees (Boits et al., 2002). But unlike the large firm context in developed countries where individual learning can be enhanced by a wide variety of human resource practices, a large part of knowledge and skills development in our context could be the use of informal elementary learning mechanisms such as apprenticeship learning. The evidence that individual learning influences firm performance has been reported in handful of studies by using a mixture of indicators (e.g. Botis et al., 2002; Joythibabu et al., 2010), although a few reported an insignificant relationship (e.g. Milla & Birdi, 2010). Prieto and Revilla (2006) suggested 214 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 that non-financial performance could be the intermediate outcome that must be introduced to see the effects of the learning capability on financial performance, part of which is made up of individual learning, on financial performance. In addition, studies on intellectual capital suggested that employees with a higher level of competency are better able to understand customer needs and sustain relationships with them in order to ensure their loyalty (e.g. Chen et al., 2004).Thus, the effect of individual learning on manufacturing firms’ performance is to be clearly explored in this study by using the following hypothesis: H1: Individual learning is expected to have a positive association with firms’ non-financial performance. It is adopted a view of organizational-level learning as an alignment of a non-human storehouse of learning in systems, structure, and procedures that support the organizational direction in given competitive environment (Andrews, 1971; Botis et al., 2002). However, unlike the large firm context in developed countries where a large part of knowledge is stored in the system, process and procedure with the use of the latest data-based system, such as ICT, most knowledge might be stored in this context is in the head of the managers, and knowledge sharing might be a relatively simple, informal system (worth of mouth). Similar to individual learning, a good deal of research on organizational learning shows that organizational learning influences firm performance (e.g. Botis et al., 2002; Tippins & Sohi, 2003; Skerlavaj et al., 2007). But the consent on which aspects of business performance does not match. However, the relatively higher impact of organizational learning on non-financial indicators such as the satisfaction of employees or customers, customer retention, improvement in quality and organizational reputation has been reported in some studies (e.g. Spicer & Sadler–Smith, 2003; Leopez et al., 2005). Spicer and Sadler –Smith (2003) reported that the organizational structure that allows the free flows of information and a culture that fosters risk taking and experimentation and the procedures that enables the identification of customer needs, revision and review on organizational routines. They are better able to identify customer needs and achieve public good will as a result. So, it is proposed that Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 215 H2: Organizational learning is expected to have a positive association with firms’ non- financial performance. External Learning As previously discussed, external learning refers to the learning at the inter-organizational level. External learning is regarded as a means to help achieve fundamental organizational goals as it increases better and newly defined sets of competencies (Prahald & Hamel, 1990). Caloghirou et al., (2004) argued that in this era of intense competition and rapid technological change, firms cannot solely rely on their own existing capabilities and knowledge base. Rather, it is necessary to make efforts to benefit from the experience and knowledge of other economic actors. Accordingly, many studies explored the effect of learning from modern collaborative arrangements such as joint ventures and alliances etc. (e.g. Lee et al., 2001; Gils & Zwart, 2004; Liu et al., 2010). But some researchers have argued that for firms with limited resources, especially for SMEs which are of the same size as medium firms and even large firms in our context, external bodies such as suppliers, customers and competitors are the most important sources of learning regarding products, processes, technologies and practices (Jones & Macpherson, 2006). Thus, due to the situation, this study regards external learning as learning from customers, competitors and suppliers. External Learning and Non-financial Performance Marketing literature proposes the importance of customer learning in fostering competitive advantages (Naver & Salter, 2000; Weerawardena, 2003). It is asserted that the firm’s ability to learn faster than competitors as the main source of competitive advantage. However, the literature has few suggestions on what is meant by customer learning and how it can best be carried out. The concept of customer learning used in this study was drawn from the well discussed previous literature and defined as the three sequential processes of information acquisition, interpretation and resulting cognitive and behavior changes as suggested by Sinkular, (1994) and some others (e.g. Huber, 1991, Dimovski, 1994, Skervalaj et al., 2007). Despite the fact the influence of customer learning on the firm’s competitive advantage is well proposed in literature, there is limited evidence to see the clear effect. However, drawing on various perspectives, it has been found to have affected the firm’s ability to produce creative product and 216 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 services, adopt new marketing and managerial practices (Weerawardena, 2003), customer based performance such as customer retention, value, ROI etc (e.g. Zahy & Giffin, 2004), the ability to create new ideas, i.e. innovation (Rhee et al., 2010), etc. In addition, customer knowledge is a helpful reference for improvement (Tseng, 2009) and beneficial for customer satisfaction, loyalty and productivity (Mithas et al., 2005). The firms’ ability to learn targeted customer needs and wants is said to better position the firm to offer more appropriate and good quality products which is thought to result in better customer satisfaction and a superior level of customer retention (Salter & Narver, 1995). Based on this discussion, the following hypothesis was advanced: H3: Customer learning is expected to have a positive association with firms’ non-financial performance. Market orientation literature suggests that competitor learning is important for superior performance (e.g. Rhee et al., 2010; Sinkular, 1994; Naver & Salter, 2000). Competitors are the entities in the same industry that produce similar products or service. This type of learning is beneficial such that it shortens the product development process since technology is off–theshelf, and ready-made practices are already available (Bierly & Hamalaninen, 1995). Aspects of competitor knowledge cover intelligent knowledge regarding competitors’ scale and quantity, manufacturing technologies and methods, their marketing strategies, and so on. However, there is direct competition between the competing firms and each firm might fear the loss of competitive advantage, it is impossible to learn mainly directly from competitors through formal dialogue. Instead, it can be done indirect ways. For example, a firm can observe their products and services available in the market, scan their movements and actions, and listen to the word of mouth information about their practices and technologies. Similar to customer learning, competitor learning is measured by the extent of three sequential processes of information acquisition, interpretation and the resulting cognitive and behavior changes. Unfortunately, clear evidence of the impact of competitor learning on firms’ performance has not been well researched in empirical literature. However, indirect evidence of the influence of competitor learning on firms’ performance can be seen in market orientation studies in the context of organizational learning literature (e.g. Naver & Salter, 2000; Rhee et al., 2010). A recent study of small, innovative technology firms in South Korea by Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 217 Rhee et al., (2010) found it affects the firm’s ability to obtain sales growth and profitability through its ability to develop new, better knowledge for responding to their movements and actions. Ideally, competitor learning has potential to obtain the firms’ non financial performance since it provides a source for benchmarking and transfers of best practices (Drew, 1997). In addition, it is proposed that competitor learning is one of the key competencies for achieving success in the marketplace (Kohi & Jaworski, 1990). As a result, the firms that possess higher ability to learn from competitors could enjoy better non financial performance through improving their ability to make better adjustment by copying competitors’ strategies. So, it is hypothesized that H4: Competitor learning is expected to have a positive association with firms’ non-financial performance. One of the important domains of external learning is learning from related and supporting industries such as suppliers (Bierly & Hamalaninen, 1995). Suppliers are the individuals or firms in the related or supporting industries where the firms source their raw materials or inputs. They could be individuals or firms in the local area that have a regional proximity or firms beyond the national boundary. This type of learning from suppliers is easier because there is no direct competition between the firms and firms can provide complementary information in the interest of both parties. Supplier learning can be maintained through long-term, close relationships with supplier (Haikansoon et al., 1999; Scholder et al., 2002). There is general agreement among researchers that suppliers are an important source for broadening the firms’ knowledge base (Bierly & Hamalaninen, 1995; Haikansoon et al., 1999; Amara et al., 2008). Consistently, supplier learning is defined as the process of information acquisition through long-term relationships with suppliers, information interpretation and the resulting behavior and cognitive changes. Literature on social capital and network theory has devoted much attention into building special relationships with external actors in the value chains, such as suppliers (Burt, 1992; Granovetter, 1985). The work in social capital and network theory shows the beneficial effects of social capital and networks; one of which is supplier networks on organizational performance (e.g. Pennings et al., 1998; Hansen, 1995). However, the same interest has been limited as to how the business relationship with suppliers in general affects the organizational performance from the organizational learning 218 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 perspective. Some researcher stated that supplier learning is still in an early stage and called for more empirical research in order to advance the knowledge in this field (Besenat & Lamming, 2003). Therefore, to advance the understanding of the effect of learning from supplier on the firms’ performance, it is assumed that learning from suppliers will assist manufacturing firms to improve non-financial performance in two ways. First, through long-term relationships with suppliers, the firms can enjoy reduction in transaction costs, opportunity costs and inventory costs which can improve their ability to satisfy stakeholders through their ability to offer lower price. Improvements in quality can also be attained through an increased ability to obtain reliable, quality inputs from the relationship. Second, suppliers can provide essential complementary information about the products, process and technological knowledge which are of importance to firms that have limited resources to identify and seek that knowledge with their own private efforts. Thus the firms with better relative learning capacity from suppliers might be in a better position to satisfy customers, retain customer loyalty and be better able to produce quality products through improving their ability to make adjustments in delivering goods and services and adapting to the better practices suggested by suppliers. Therefore, it is hypothesized that H-5: Supplier learning is expected to have positive association with firms’ non-financial performance. Moderating Effects of Environmental Dynamism It has been widely recognized by strategy researchers that the importance of the contingency perspective affects firms’ performance. Many considered the role of the operating environment in influencing firm performance (e.g. Liao et al., 2003; Lichtenthaler, 2009; Pelham et al., 1996; Pelham, 1999). One of the environmental factors that are assumed to have an impact on the firms’ strategic choices and firms’ performance is environmental dynamism. The literature proposed two types of dynamism: market and technological (Miller & Droge, 1986). However, according to the context of the study where firms are operating in a traditional industry with simple and stable manufacturing technology, technological dynamism is assumed to be unlikely to confer the firms’ choice of knowledge strategies and performance. Thus, market dynamism is considered as one environmental factor that is likely to have an impact on the relationship between knowledge strategies and performance outcomes. Environmental dynamism refers to a situation where there is volatility in the industry regarding customers’ tastes Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 219 and preferences, competitors’ actions and the unpredictability of products (Miller & Droge’s, 1986; Kohi & Joweorski, 1993). It is sometimes referred to as the degree of unpredictability of change in the firms’ marketing environment (Dess & Beard, 1984). Much of the attention in the field of organizational learning has been devoted to the impact of environmental dynamisms as moderating variables when considering two types of organizational learning defined by March (1990): exploitative and explorative learning (e.g. Lichtenthaler, 2009) . According to the framework of organizational learning used in this study, the firms’ knowledge strategy can be viewed as two types: internal learning as the firm knowledge base and external learning through acquisition and utilization of knowledge. Internal learning in this study refers to the level of knowledge retained by the individual and knowledge stored as organizational memory. It also refers to the knowledge base of the firms which make up intellectual capital and organizational memory (Hanvanich et al., 2006). External learning is defined as knowledge and information from external sources such as customers, competitors and suppliers. The literature posited that the firms’ knowledge base is a resource that firms can deploy for better performance, especially in stable industries where there are no changes in customer preferences or competitor strategies. Competition is based on efficiency and cost reduction (March, 1990). Firms can extract value from the knowledge base. Therefore, there is a possibility that when dynamism is absent firms can promote stakeholder satisfaction through benefits from efficiency and cost reduction. However, in a volatile environment with changing customer tastes and preferences and competitor actions, existing knowledge can easily become obsolete or even exhibit new knowledge creation. Relying on an accumulated knowledge base hurts performance due to its inflexibility in making proper adaptation (March, 1990). This might lead to the higher probability of mismatch between customer desires and firms’ capabilities. As a result, the firms’ ability to provide stakeholder satisfaction using internal learning declines with an increase in dynamism. Knowledge is not long lasting in a turbulent environment and firms’ ability to improve existing knowledge becomes essential (March, 1991). To survive in such an environment, real-time information about the changes in the marketplace enables them to understand and adapt to changing situations. Although pursuing the acquisition and utilization of knowledge entails higher risk, it is likely to lead to sustainable competitive advantage (Birely & Daly, 220 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 2006). In such an environment, the firms that view external learning as a key to improvement have a high possibility of better serving customers’ needs. Sinkular et al., (1997) suggested that if the firms’ actions are not constrained by current practices, they are more likely to uncover novel ways of serving customer needs and accordingly they should perform better. Therefore, there is a possibility that external learning can provide the firms higher stakeholder satisfaction by means of understanding customer needs in dynamic environment. Drawing on the dynamic capability perspective, sustained competitive advantage in a dynamic environment depends on the firms’ ability to integrate internal and external knowledge (Eisenhardt & Martin, 2000). Therefore, it is expected that emphasizing one type of learning might not be a universally preferred option under the conditions of a dynamic situation. Especially for firms in Myanmar context, lack of formal planning, marketing analysis and limited resources might reduce their ability to exploit on the internal knowledge base (internal learning). Their lack of systematic thinking due to a lack of professional management might require them to orient themselves towards knowledge from external sources such as competitors, customers and suppliers. Similarly, acquisition and utilization of knowledge also provides limited value without a firm’s knowledge base, especially in such an environment. To exploit the external knowledge, the firms need to have some sort of knowledge base. Thus, maintaining both types of learning is necessary in such an environment since firm performance is the function of internal learning and external learning in a changing environment (Bierly & Hamalaninen, 1995). Product and market development can’t be isolated from the firms’ knowledge base or external sources. Firms cannot rely on the knowledge base but need to absorb relevant external knowledge from external sources (Cohen & Leventhal, 1990). The firms need to follow customer tastes and competitor actions and respond to them accordingly while at the same time maintaining learning-oriented workers and systematic organizational procedures is necessary to support the effort to keep up with the changing situation in the environment. In reality, dynamism creates a threat to a better fit between learning strategies and the environment while at the same time providing possibilities to adjust for a better fit. It is argued that if the firm’s business practices are constrained by current practices that are unlikely to uncover new practices, i.e. if the firm only relies on internal learning, it is unlikely to sustain non-financial performance in such an environment. Similarly, relying only on external learning without having learning-oriented Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 221 workers and institutionalized learning is not a sufficient condition for achieving non-financial performance in such a dynamic environment. Consequently, it is necessary for firms to pursue both types of learning strategies as a way of realigning the firms with the situation in the environment. Therefore, it is expected that under dynamism, the firms that actively engage in development of internal and external learning capabilities enjoy better non-financial performance outcomes than those that maintain only one type. H6: Environmental dynamism moderates the relationship between internal and external learning and firm non-financial performance in such that firms that pursue both types of learning will have higher level of non-financial performance than that focus on one or the other. Methodology Data, Sample and Respondents This study used the primary data that was collected with structured questionnaires since the variables going to measure are infeasible to obtain from the secondary sources Thus, the primary data were collected during February and March 2011. The questionnaires preparation process covered the two general steps. First, the questionnaire was developed in English then piloted with the members of business studies. After making minor modifications with their valuable inputs, they were translated into Myanmar language and piloted again with professors and senior researchers in Department of Commerce, Yangon Institute of Economics, in order to check the language suitability and clarity of the items under study. The focus of the study was various manufacturing firms from five different industrial zones in Yangon areas. The manufacturing firms are assumed to be most appropriate for detailed study for some reasons. First, manufacturing secotor of the country is still lower its contribution to GDP compared to other ASEAN Developing countries. Second, promoting industrial sector has been placed on crucial part of national development agenda. Third, managerial implications for these firms became critical issue in these and coming up liberalized economic era. Generally, the knowledge gained from this type of investigation can illuminate in the practices that it is warrant for thorough study. However, the participating firms were selected in two general stages. Of the many industrial zones in the Yangon area, industrial zones with more 222 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 than 200 firms were selected for the first stage. The established zones with larger sizes were selected to control for the effects of differences in the level of infrastructure such as the accessibility of electricity and transportation facilities in smaller industrial zones in the developmental stage. Of eight industrial zones with more than 200 firms, three industrial zones were randomly selected due to the time constraints of the survey period. Although the initial sample covered 150 firms from the three industrial zones in the Yangon area, due to the some unusable questionnaires, only 120 firms were used in the main analysis. The following tables provide a detailed description of the sample firms from the three industrial zones and their distribution among various types of industries. Table. (1) Distribution of Sample Firms by Industrial Zone Name of IZ No of firms Percentage Total no of firms Percentage of total Hlaing Thar Yar 54 45% 474 11% Shwe Pauk kan 21 18% 315 17% South Dagon 45 38% 798 7% Total 120 100% 1728 14.4% Source: Survey data (2011) Table. (2) Distribution of Sample Firms by Type of Industries Type of Industry No of firms Percentage of firms Accessories 11 9% Plastics 7 6% Appliances 17 14% 223 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Food Processing 29 24% Electronics 7 6% Garment 15 13% Machinery 2 2% Paper And Stationery 10 8% Pharmacies 4 3% Steel 3 3% Wood-Based 8 7% Footwear 5 4% Beverages 2 2% 120 100% Total Source; Survey data (2011) The chief executive officers (CEO) or managers were chosen as the main respondents of the study because they are the key personnel for the firms who have extensive knowledge about the employees, accounting information and situations in the industry. Measure of Variables Five point Likert scales were used for all variables. Following Botis et al., (2002), individual learning is measured by how well individuals have the ability to capture and utilize the work related knowledge while the organizational learning is accessed by the extent of common knowledge retained in the work system. But the scales for external learning are evaluated by the extent of knowledge acquisition, interpretation and utilization from the customers, competitors and suppliers, and adopted from some studies (e.g. Narver & Slater, 1990; Masuno et al., 2002; Schroeder et al., 2002). Based on the stakeholder approach to performance measurement, immediate measures such as in customer satisfaction, customer retention, firm reputation and improvement in product quality are regarded as the measurement for firms’ performance (Lopez et al., 2005). The degree of unpredictability of change regarding customers tastes and preferences, competitors actions and demand 224 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 and supply. The respondents were asked to mention their level of agreement or satisfaction ranging from 1 (very low) to 5 (very high) In line with many previous studies, variables such as firms’ size and age that might affect the performance of the firms were used as control variables. The number of full time employees was chosen as a proxy for measuring the size of firms. However, in order to reduce the variations among firms, it was transformed into log terms. Analysis and Results In order to verify the validity and reliability of the measurements scales, some standard practices were followed. Content validity was checked by experts. Coefficient of alphas was computed to access the unidimenionality of the items. All the sales fall above the minimum acceptable value of 0.70 (Nunnally, 1978). The reliability, mean, standard deviation and correlation among measurement items are presented in table (1) in appendix. The ordinary least square analysis (OLS) was used as the main analytical method due to the moderate sample size. The analytical results cover the three sections. First, the analysis on the relationships between independent and interaction effects of different types of learning on its dependent variable non-financial performance was presented. Separate regressions models were run in order to see the additive effect of different learning on the non-financial performance. In addition, independent variables were mean centered to reduce the effect of multicolinarity when creating interaction terms (Akin & West, 1991). Second, the moderating impact of environmental dynamisms is evaluated. Table (2) in appendix reports the results of different types of learning on the non-financial performance. As mentioned earlier, different models were run in order to test the addictive effects of internal and external learning variables on the dependent variable, non-financial performance. In model 2 ( and all models), result shows that both the individual and organizational learning variables prove to be positive and statistically significant on nonfinancial performance at 0.05%. Thus, the results support both Hypothesis 1 and 2. The result in model 3 shows that only the competitor learning is significant at 0.01% whereas others are insignificant. Thus, H4 is supported as expected and others, H3 and H5, are rejected. In addition, according to the result of model 4 in Table (3) H6 is also supported. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 225 Discussion Internal and External Learning and Non-financial Performance Our first five hypotheses proposed that the greater level in two types of internal learning such as individual and organizational (H1 & H2) and the three types of external learning such as customers, competitors and suppliers (H3, H4 & H5) would result in non-financial improvement . The regression result showed a positive and significant relationship between two types of internal learning (H1 & H2) and learning from competitors (H4). So this result suggests that knowledge retained in the head of individual employees is important in achieving non-financial performance of firms in our context. In other words, the firms’ non-financial performance in the form of stakeholder satisfaction can be obtained by means of maintaining capable, motivated and committed individual employees. Similarly, the positive and significant relationship between organizational learning and non financial performance provide the evidence that knowledge embedded in the firm’s systems, processes and procedures are essential for achieving non-financial outcomes. However, unlike studies based in developed and developing countries, it did not find clear evidence of a greater effect of organizational learning on performance. This means that organizations with better storehouse of learning could pass down the knowledge and learning to current and future employees, and employees with better learning capacity and greater knowledge could contribute their knowledge at the organizational level. Contrary to our hypothesis, this study does not find that learning from customers (H3) had a main effect on non-financial improvement of the firms. There are some possible reasons why such learning migrates away from improving non-financial performance in this study. This study focused on the quantity rather than the quality of customer knowledge and responsiveness of the firms. In reality, the firms’ perception of customer knowledge and responsiveness might deviate from optimal level of satisfying genuine customer tastes and preferences. This is because, first, firms in our context are at a disadvantage in accessing up-to-date customer information due to use of lengthy distribution channels for selling the products. As a result, many firms seem to possess an inadequate ability or opportunity to respond to the knowledge of customers in a timely and efficient manner. In addition, this insignificant effect of customer learning on non-financial performance might partly reflect their perceived inadequacy towards accessing and responding to customer knowledge even though they are attaining non-financial 226 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 improvement at an optimal level. Contrary to this explanation, if all firms are utilizing customer learning as strategies for sustaining non-financial performance, it might be difficult for firms to use customer learning as a strategy for sustaining superior non-financial outcomes. This study found evidence that learning from competitors (H4) has the strongest positive significant impact on firm non-financial performance. This evidence also implies that firms in our context seem to be more inclined towards learning from others’ experience and have more competence to do so. Actually, such findings can be expected in this context where firms’ own knowledge generation mechanism (i.e. R & D) is limited. In such a situation, benchmarking against competitors’ actions probably provides them an important means for superior non-financial performance, at least in the short run. Moreover, it is supported by the fact that many firms in our context are in traditional sectors involving simple manufacturing and producing simple products where benchmarking against competitors’ actions is likely to be a minor adaptation rather than major changes in which imitation doesn’t require much causal ambiguity and path dependency. Some authors suggested the importance of learning from supplier networks in improving firm performance (Schroeder et al., 2002; Droge et al., 2003), this study did not find a main effect. Some studies also proposed that there is an inconclusive effect because it depends on the knowledge level of suppliers that comes from the number of other supplier networks (Haikansson et al., 1999) and the fit between the learning styles of manufacturers and suppliers (Azadegan & Dooley, 2010). For firms in this context, the supplying firms might not seem to possess adequate ability or capacity to develop and provide relevant knowledge to their customer firms. Another possible reason for insignificant supplier learning in non-financial performance highlights the measurement issue that has to be addressed in future studies. As suggested by previous studies, the effects of different types of learning are contingent on the environmental situation that the firms are facing. This study considered the moderating impact of environmental dynamism on the relationship between internal and external learning and firm non-financial performance. Although not formally a hypothesis, the result showed that environmental dynamism had an insignificant impact on the nonfinancial performance. Similarly, it found clear evidence of the interaction effect of neither external learning nor external learning and environmental Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 227 dynamism on the non-financial performance of the firms. This suggests that knowledge and information posses in house alone or gained from external sources could not improve the firms’ attempts to satisfy stakeholders when industry change is high. Thus, relying only on internal knowledge and external learning seems to be detrimental under high environmental dynamism. However, the three significant interaction effects, internal, external and environmental dynamism, on non-financial performance suggest that either internal or external learning is necessary but not sufficient in maintaining better non-financial performance in a changing environment. Instead, achievement in non-financial performance comes from the good fit between both types of learning under a situation of environmental dynamism. All the firms that can sustain a constant commitment to investment in internal learning stocks (qualified workers and to institutionalized learning in the firm’s system) and that have a culture of openness to external learning sources enjoy better non-financial performance when faced with a complex dynamic environment. However, the results don’t now imply that commitment towards both internal and external learning seems to be detrimental in a stable industry. Even if firms’ performance suffers through shifting towards internal and external-oriented learning in a stable industry due to the costly nature of investment in financial and time resources, the stability of any industry is relatively short. As suggested by Birely and Hamalaninen (1995) and some others too, no industry can be stable in the long run. Committing to investment in both internal and external learning is essential for catering to stakeholder satisfaction. The presumption is that the firms that are more oriented towards internal and external learning are in a better position to improve non-financial performance and thus financial outcomes under any current environmental conditions. Conclusion This study investigated the effects of internal and external learning domains on the performance of manufacturing firms. The results indicated that different domains of learning influence firm performance differently. With regard to two internal learning variables, knowledge retained at the individual level and institutionalized at the organizational level are important in explaining the firm’s non-financial performance. Of the three domains of external learning, only competitor learning has a positive impact on firm nonfinancial performance. More importantly, both internal and external learning 228 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 together showed their synergetic impact in influencing the firm’s nonfinancial performance after taking the heterogeneous environmental context into consideration. Policy Implications Several policy implications for practitioners and policymakers can be proposed according to the findings of the study. Implications for the Private Sector Given that the importance of individual learning appeared to be crucial for both non-financial and financial performance outcomes, managers should make certain levels of investment in order to nurture and retain competent workers. To achieve this, they should use formal and informal training to equip workers with necessary skills and competency. Employees should be encouraged to share experiences with each other to increase their chances of learning. The use of other human resource practices such as systematic hiring, performance-based rewards and promotion systems should be of great value to attract capable workers and motivate them to use their competency to its full potential. They should develop an organizational learning system to store organizational experience and to develop processes and procedures to make all members of the organization aware for better performance outcomes. In addition, managers should pay special attention to responding to competitors’ movements and actions given the importance of competitor learning on non-financial outcomes. Resources should be allocated and incentives should be provided accordingly. However, this also signals the fact that it is required for all firms to do constant innovation because a firm’s new innovation in products, processes and technology tends to be quickly obsolete by means of learning by imitation among competing firms. Finally, managers should monitor changes in the environment since developing both internal and external learning capabilities is required in a dynamic environment. If resources are available, they should prepare for the development of both internal and external learning capabilities for longer-term performance orientation as developing learning capacity may take time and the stability of any industry is only short life. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 229 Implications for Policymakers Given the importance of competent employees, policy interventions should be directed towards requiring all firms to equip their employees with the necessary job-related skills. Necessary support programs in the forms of financial assistance and incentive schemes in the form of loans should be provided for firms with resource constraints for doing so. In addition, managers should be encouraged to acquire knowledge in business management by attending outside professional training programs to raise their level of awareness of the managerial knowledge on HR practices. Trade shows, workshops and meetings are of great value in enhancing chances of learning between competing firms in the same industry. It would be beneficial for firms if mass media such as TV, magazines and newspapers were encouraged to release real-time product and market information so that the firms could regularly acquire, evaluate and respond to customers’ tastes and preferences and competitor actions. Limitations and Direction for Further Research This study entails some limitations that call for the issues to be dealt with the future organizational learning research stream. The first and foremost issue deals with the use of perceptual measures for performance indicators, especially for financial performance indicators. The next relates to the issue for exploring antecedents of learning. Although this study provides some useful insights into firm level performance implications for Myanmar context from the perspective of knowledge and learning, due to time limitation of survey period this study cannot explore the antecedents of learning. Therefore, it would be appreciated if future study could explore contextual factors in similar context. Acknowledgements I would like to express my sincere gratitude to all of those who supported my research project in different ways. Since the paper was partial requirement for the master degree in Hiroshima University, first of all, I would like to offer my deepest gratitude to my main academic professor, Associate Professor TAKAHASHI Yoshi, for his sincere, enthusiastic support throughout the project. Then, I would like to express my deep feeling of gratitude to my department for their valuable contribution along the data collection processes: my teacher and the Head of the Commerce Department, Prof. Daw Ye Ye Than, and my teachers, Dr. Aung Kyaw and Associate Porf. Daw Khin Nwe Ohn. Finally, great thanks are the owners/mangers of the firms for giving their time and for patiently answering the questions. 230 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 References Aiken, L.S., & West, G. (1991). Multiple liner regression: Testing and interpreting interactions. Sage Publishing, Thousand Oaks, CA. Amara, N., Landry. R., Becheikh, N., & Ouimet, M, (2008). Learning and novelty of innovation in manufacturing SMEs. Journal of Technology Innovation, 28, 450-463. Atkinson, A.A., Waterhous, J. H., & Wells, R. B. (1997). A stakeholder approach to strategic performance measurement. Sloan Management Review, 38(3), 25-37. Bierly & Hamalaninen. (1995). Organizational learning and strategy, Scand Journal of Management, 11(3), 209-224. Bontis, N., Crossan, M., & Hulland, J. (2002). Managing an organizational learning system by aligning stocks and flows. Journal of Management Studies, 39(4), 437-69. Chen, J., Zhu, Z., & Xie, H. Y. (2004). Measuring intellectual capital: A new model and empirical study. Journal of Intellectual Capital, 5(1), 195-212. Cohen, M., & Levinthal, D. A. (1990). Absorptive capacity: A new perspective on learning and innovation. Administrative Science Quarterly, 35, 128-152. Cyert, R. M., & March, J. M. (1963). A Behavior Theory of the Firm. Englewood Cliffs, NJ: Prentice- Hall, Inc. Drew, S. (1997). From knowledge to action: The impact of benchmarking on organizational performance. Long Range Planning, 30(3), 427–441. Gil, A., & Zwart. P. (2004). Knowledge acquisition and learning in Dutch and Belgium SMEs, Journal of European Management, 22(6), 685-692. Haikansson, H., Havila, V., & Pedersen, A-C. (1999). Learning in networks. Journal of Industrial Marketing Management, 28(5), 443-452. Hallowell, R. (1996). The relationship between customer satisfaction, customer loyalty and profitability. International Journal of Service, 7(4), 27-42. Huber, G. P. (1991). Organizational learning: The contributing processes and the literatures. Organization Science, 2, 88-115. Ittner, C.D. & Larcker, D. F. (1998). Are nonfinancial measures leading indicators of financial performance? An analysis of Customer satisfaction. Journal of Accounting Research, 36, 1-35. Jones, O., & Macpherson. A. (2006). Inter-organizational learning and strategic renewal in SMEs: Extending 4Is framework. Long Range Planning, 39, 155-175. Joythibabu, C., Farooq, A., & Pradhan, B. B. (2010). An integrated scale for measuring an organizational learning system. The Learning Organization, 17(4), 303-327. Kohi, A., & Jaworski, B. J. (1990). Market orientation: The concepts, research propositions and managerial implications, Journal of Marketing, 54(1), 1-18. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 231 Lee, C., Lee, K., & Pennings, J. M. (2001). Internal capabilities, external networks, and performance: A study on technology based ventures. Journal of strategic management, 22, 615- 640. Liu, C-L., Ghauri, P. N., & Sinkovics, P. R. (2010). Understanding the impact of relational capital and organizational learning on alliances outcomes. Journal of World Business, 45, 237-249. Lopez, S. P., Peon, J. M. M. & Ordas, C. J. V. (2005). Human resource practices, organizational learning and business performance. Human Resource Development International, 8(2), 147-64. Lopez, S. P., Peon, J. M. M., & Ordas, C. J. V. (2005). Organizational learning as a determining factor in business performance. The Learning Organization: An International Journal, 12, 227–245. Milla, L. D. & Birdi, K. (2010). The relationship between multiple level of learning practices and subjective and objective organizational performance. Journal of Organizational Behavior, 31,481-498. Narver, J., & Slater, S. F. (1990). The effect of a market orientation on business profitability. Journal of Marketing, 54, 20-35. Nunnally, J. (1978). Psychometric Theory. 2nd edition. New York: McGraw-Hill. Podsakoff, M. P., Mackenzie, S. B., & Lee, J-Y. (2003). Common method bias in Behavior research: A critical review of literature and recommended remedies. Journal of Applied Psychology, 88(5), 879-903. 232 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Appendix Table (1) *p<.05 Descriptive 1 statistics 2 and 3 reliability 4 5 for the 6 7 scales 8 9 1 Individual learning 2 Organizational learning .53* 1 3 Customer learning .57* .53* 1 4 Competitor learning .45* .51* .45* 1 5 Supplier learning .42* .59* .50* .49* 1 6 Environmental dynamism .3735* .4647* .5026* .312* .4942* 7 Non-financial performance .41* .36* .20* .41* 0.19* 0.1 1 8 Size -0.12 .19* -0.01 -0.03 0.13 -0.15 .25* 1 9 Age 0.01 -0.04 -0.10 -0.03 -0.04 -0.02 -0.09 -0.14 - 10 Mean 4.08 4.22 4.19 3.98 4.40 4.61 3.73 4.60 - 11 S.D 0.58 0.67 0.74 0.92 0.62 0.38 1.17 9.46 - 12 Reliability 0.71 0.81 0.80 0.84 0.77 0.84 0.82 - - 1 1 233 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table (2) OLS result for main effects (H1-H5) Dependent variable: Non financial Performance N=112 Model 1 Model 2 Model 3 4.111*** 1.787*** 2.072*** Logsize -0.005 -0.096 -0.872 Age -0.815 -0.004 -0.003 individual learning 0.304** 0.307** rganizational learning 0.273** 0.251** Constant Controls Main effects customer learning -0.130 competitor learning 0.214*** supplier learning -0.130 R^2 0.021 0.224 0.279 Adjusted R^2 0.003 0.195 0.230 F 1.18 7.88 5.75 - 14.28*** 2.88** ∆ F Unstandardized coefficients. p*p<0.10; **p<0.05; ***p<0.01; two tailed test. 234 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table (3). Moderating effects of environmental dynamism (H6) Dependent variable: Non financial Performance N=112 Variables Model 1 Model 2 Model 3 Model 4 constant 4.111*** 1.691*** 4.327*** 1.214** Controls Logsize -0.005 -0.086 -0.86 -0.085 Age -0.815 -0.004 -0.004 -0.004 Main effects Internall 0.451*** 0.449*** 0.491*** Externall 0.188* 0.192* 0.246** Envdynm -0.055 -0.055 -0.052 Interactions internal*envdynm -0.121 external*envdynm -0.050 internal*external*envdynm .062** R^2 0.021 0.249 0.249 0.276 Adjusted R^2 0.003 0.214 0.214 0.235 1.18 7.11 7.11 6.75 10.71*** 1.90 3.97** F ∆F Unstandardized coefficients. *p<0.10; **p<0.05; ***p<0.01; two tailed test Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 A Study on Corruption Control Systems In Selected Countries Kyaw Swa Myint Abstract This paper tries to describe the different systems of corruption control patterns and their circumstances of three Anti-corruption patterns: Pattern-1 Anti-corruption laws with No-Independent agency (or) Criminal Legislation, Pattern-2 Anti-corruption law with many agencies (or) other laws and procedure and Pattern-3 Anti-corruption laws with an Independent agency (or) Institutions for investigation, prosecution and control. Even though the Pattern-3 is not a perfect strategy, but compared to other patterns. In addition to the well designed control pattern, the other factors, such as citizens’ perception on integrity, ethic and knowledge regarding the corruption are also vital for fighting against corruption. Introduction There is no question about the negative impact of corruption on development. No society is totally free of corruption. However, with the appropriate institutional and legislative measures, corruption can be kept within acceptable limits. Without minimizing the corruption, the country cannot be developed. Corruption and governance lie on a continuum but occupying opposite poles. Corruption is one of the disclosures to measure Good Governance. “A few year ago, corruption is increasingly seen as neither beneficial (“grease for the machine”), nor inevitable (“the way the system works”), nor respectable (“everybody does it”). This new consensus is being translated into actual policies of international organizations and governments around the world” 1. Corruption and control of corruption have become a focal concern in least developed countries and developing countries. 1 Salvatore Schiavo-Campo and Pachampet Sundaram, To serve and To preserve, ADB, (2000), p.13 EMPA 8th Batch, Department of Applied Economics, Yangon Institute of Economics 236 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Each and every government has its own corruption control mechanism. Regarding the anti corruption effort, it is difficult to say which mechanism is the best and thus we need to study in depth. Three different types of corruption control patterns and their circumstances are mentioned here for three Asian countries namely: Mongolia, People’s Republic of China, and Republic of Singapore for the periods from 2000 to 2010. This paper will contribute towards the best of corruption control pattern to eradicate corruption. METHOD/PROCEDURE In this paper descriptive method is used and it is based on secondary data major collected from the Transparency International (TI) of Corruption Perception Index (CPI) and World Bank’s Worldwide Governance Indicators (WGI). Mongolia Pattern-1 Anti-Corruption law with no independent agency (or) Criminal Legislation is adopted in Mongolia, which has the Law on AntiCorruption (LAC), which was enacted in 1946. However, there is no independent anti-corruption agency (ACA) as the task of controlling corruption in Mongolia is shared between the police, the General Prosecutor’s Office and the Courts. Mongolia’s efforts to tackle corruption began in 1993 and the Anti-Corruption Law was adopted in 1996 that was amended in 2006. “In Mongolia, corruption offences are handled by the Criminal Police Department (CPD), which investigates these cases and refers them to the Investigation Department (ID). The CPD and ID investigate complaints of corruption against public officials and if there is evidence to substantiate these complaints, the cases will be handed over to the General Prosecutor’s Office (GPO). From the GPO, the cases are processed by the aimag (the administrative units), the Capital City Court and the Supreme Court.” 1 1 Quah J. S. T. Globalization and corruption control in Asian countries, p.458. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 237 Table (1) Mongolia: Corruption Perception Index (CPI) Source: Transparency International (TI), Corruption Perceptions Index and Ranking (CPI), Scale for CPI is 0 to 10, high to low corruption. Above the table shows before the anti corruption law was enacted in 2006, the CPI score for 2004 and 2005 was 3.0. It can be seen that in 2006, the CPI was even lower than the previous years. But again in 2007 and 2008, the CPI became 3.0. Country rank also declined from 85 in the year 2004 to 116 in 2010. Average score of CPI for seven years was 2.88 which mean that the corruption situation was high in Mongolia. Table (2) Mongolia: Worldwide Governance Indicator (WGI) Source: World Bank, Worldwide Governance Indicator (WGI), Scale for WGI score -2.5 to +2.5 is poor to good governance. 238 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 According to the table, Mongolia has controlled corruption in only somewhat level. Government Effectiveness and Regulatory Quality Indicator are inefficient and only a few changes in those 10 years. Average scores of “WGIs” during the studying period was (-0.02) which revealed that the “WGIs” scores are not really fine. China In China, Pattern-2 Anti-corruption law with many agencies (or) Other laws and procedure is adopted. Starting from 2000, China has placed in a more prominent position, the work of combating corruption and building a clean government. In 2003, China acceded to the United Nations Convention against Corruption. In order to fulfill its obligations, China established an inter-department coordination group consisting of 24 government integration of Chinese laws and the convention. In 2006, Anti-Money Laundering was promulgated to prevent and contain money laundering and relevant crimes. In 2007, NBCPC was established. “The major functional bodies are the Party's organs for discipline inspection, judicial organs of the state, supervisory and auditing organs of the government, and the National Bureau of Corruption Prevention of China (NBCPC).” 1 The Party's commissions: These commissions undertake the following major tasks: Upholding the Constitution and other statutes of the Party; inspecting the implementation of the lines, principles, policies and resolutions of the Party. judicial organs: The former exercise judicial power independently, while the latter exercise procuratorial power independently, neither being subject to interference by administrative organs, public organizations or individuals. Supervisory organs: They supervise over law enforcement by and integrity and efficiency of state administrative organs, their staff members and other personnel appointed by these organs. Auditing organs: They supervise through auditing in accordance with the law the revenues and expenditures of all departments under the State Council and 1 Information Office of the State Council of the People’s Republic of China, China’s Effort to Combat Corruption and Build Clean Government .December (2010). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 239 of local governments at all levels, and those of the state financial and monetary organizations and of state-owned enterprises and public institutions. NBCPC: Its major responsibilities are to organize and coordinate the national work of corruption prevention, make overall plans in this regard, formulate relevant policies. Public security organs: They undertake the work of combating corruption and building a clean government within the scope of their duties and in accordance with the law. Table (3) China: Corruption Perceptions Index (CPI) Source: Transparency International (TI), Corruption Perceptions Index and Ranking (CPI), scale for CPI is 0 to 10, high to low corruption. This table shows the average score of CPI for ten years was 3.42 which mean that the corruption situation was high in China. It can be seen that the score of CPI is low and there were not many changes within the period of 2000 to 2010. 240 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Table (4) China: Worldwide Governance Indicator (WGI) Source: World Bank, Worldwide Governance Indicator (WGI), Scale for WGI score -2.5 to +2.5 is poor to good governance. The above table provides the data indicates that China received lower scores in all dimensions of governance. Among them the score on voice and accountability is the worst one. In comparison with others, government effectiveness received better score than others. In fact, there were not many changes during the last 10 years. Average scores of “WGIs” during the studying period was (-0.50) which revealed that the “Governance Dimensions” scores are poor. Singapore The pattern-3 Anti-corruption law with an Independent agency (or) Institutions for investigation, prosecution and control is adopted in Singapore. The corruption Prevention and Investigation Bureau (CPIB) was established in 1952. The Bureau is an independent body located within the Prime Minister’s Office (PMO). “The main responsibility of the CPIB is the enforcement of the POCA and is thus the main body responsible for investigating and preventing acts of corruption. The three main functions of the CPIB are: • To receive and investigate complaints on corruption in the public and private sectors; • To investigate malpractices and misconduct by public officers; and • To examine the practices and procedures in the public service Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 241 The CPIB’s organizational structure is divided into three branches, namely: 1. The Investigation Branch, which is the largest branch, consisting of four units – each of which is headed by a Senior Assistant Director responsible for directing and supervising investigations. 2. The Data Management and Support Branch, which manages a computer information system that enables the CPIB to formulate corruption prevention strategies and to screen candidates for public appointments, promotions, scholarships and training. 3. The Administration Branch, which provides secretarial support to the other two branches and is responsible for the financial and personnel administration of the CPIB.” 1 Approaches and Strategies to Investigation “CPIB approach in investigation is a total approach which ensures we have a good control over the situation and can contain corruption cases as far as possible. 1. No case is too small to investigate. Corruption is not tolerated and all cases will be investigated and dealt with seriously. 2. Cases regardless of rank and status. Even serving ministers have been charged and chief executive officers of major companies have been dealt with too. 3. It is prepared to deal with both givers and receivers of bribes who under Singapore law, they are equally culpable. 4. There is no area where the law does not permit the CPIB to investigate. The powers given to CPIB to investigate also apply equally to all sectors. 5. CPIB don’t leave it to various government authorities to deal with the problem. CPIB helps government departments review their systems to remove or change those procedures which may be vulnerable to corruption. 1 Institutional Arrangements to Combat Corruption, A Comparative Study, UNDP, p.79. 242 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 6. CPIB is prepared to investigate based on anonymous complaints. However, CPIB need to be very careful and not to be “used” by someone who is malicious and wants to cause harm to others.” 1 “The Attorney-General, appointed by the President on the advice of the Prime Minister, is also the Public Prosecutor and, as such, is vested with the power to institute, conduct or discontinue proceedings for any offence. The Attorney-General is independent in this role and not subject to the control of the government. Offences under the POCA fall under the jurisdiction of the District Courts, which try the cases and determine punishment following a conviction.” 2 Table (5) Singapore: Corruption Perceptions Index (CPI) Source: Transparency International (TI), Corruption Perceptions Index and Ranking (CPI), scale for CPI is 0 to 10, high to low corruption. Table (5) shows average score of CPI for ten years was (9.3) which mean that the corruption situation was very low in Singapore. Singapore was ranked as No. 6 out of 90 countries in year 2000; it is ranked as No. 1 out of 178 countries in 2010. It can be concluded that Singapore has improved their corruption control gradually within the 10 years, and Singapore was stable in CPI scores. 1 Koh Teck Hin. Investigation and Prosecution of Corruption Offences, Resource Material Series No.83,p-132. 2 Institutional Arrangements to Combat Corruption, A Comparative Study, UNDP, p.80. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 243 Table (6) Singapore: Worldwide Governance Indicator (WGI) Source: World Bank, Worldwide Governance Indicator (WGI), Scale for WGI score -2.5 to +2.5 is poor to good governance. According to table (6), Singapore got lower scores in some dimensions of governance, i.e. Voice and Accountability and Regulatory Quality. But Singapore’s “Government Effectiveness” was rated as good. The aspect on Rule of Law was also scored as close to well and control of corruption (2.27) was very high. Average scores WGIs during the studying period was (1.11) which revealed that the “WGIs” scores good. RESULTS / FINDINGS Mongolia According to the data of WGI, “Government effectiveness” and “Regulatory quality” were average scored as (-0.43) and (-0.27) respectively. Average score for Control of corruption was (-0.49) which indicate the weakness of corruption control. Average score for the period of 2000 to 2010 for all “WGIs” indicators was (-0.02) which means that Mongolia was not able to create good governance. Again, with regards to CPI, the average score for the period of 2004 to 2010 was rated as (2.88) which mean that 244 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 corruption control pattern is not effective. The strengths and weakness of this control pattern are as follows: Strengths 1. Specialization, expertise and even the necessary degree of autonomy can be achieved by establishing dedicated units within existing law enforcement agencies. 2. Since three departments have to share the task among them, single department cannot make decision on their own which leads to control bias. Weakness 1. There is a need of a plaintiff who will complain the case in this system. It means that without the complainant there can be no suit at all. As long as satisfaction on both sides, corruption issues will not arise. 2. The Law of Anti-Corruption (LAC) has some weaknesses. 3. Limited authority to act at different departments. China According to the average WGIs score for the period of 2000 to 2010 was (-0.50) and it pointed out that China was far away from creating good governance. Average score for Control of corruption (-0.52) and Voice and accountability (-1.57) was the worst. In relation to CPI, China received an average score of 3.42 which can be translated as the corruption situation in China is high. The strengths and weakness of this control pattern are as follows: Strength 1. Encourage media to play important role in corruption control. 2. Outright punishment on corruption offenders. Weakness 1. No independent investigators, prosecutors and adjudicators that can ensure “equal” enforcement of laws and regulation. 2. Does not have effective complaints mechanisms and procedures for appeals. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 245 3. Collusion among CCP and judiciary lead ineffectiveness in fight against corruption. 4. Lack of an effective mechanism of checks and balances makes it very difficult to supervise senior officials. 5. No clear division of role among the agencies, i.e. who does what. 6. Diluted and poorly coordinated, and the agencies suffer from overlap and duplication. Singapore The recent CPI released by the TI showed that Singapore acquired the best score of 9.2 and ranked third among a total of 180 countries. The ranking and score signifies that Singapore is a nation with basically no corruption and hence, the people of Singapore are perceived to have high value against corruption and integrity. As Singapore built the good governance and enhanced government effectiveness, Average score for total WGIs was good (1.11). Singapore can control the corruption and uphold the CPI score (9.3) and the country rank was stable. The strengths and weakness of this control pattern are as follows: Strengths: 1. Sends a signal that the government takes anti-corruption efforts seriously; 2. High degree of specialization and expertise can be achieved; 3. The institution is separated from the agencies and departments that it will be responsible for investigating; 4. It can be afforded better security protection; 5. It has greater political, legal and public accountability, and public credibility; 6. There is faster action against corruption. Weakness: 1. Greater administrative costs; 2. Isolation, barriers and rivalries between the institution and those with which it will need to cooperate, such as law enforcement officers, prosecution officials, auditors and inspectors; 246 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 3. Table (7) Comparison of Three Countries on Different Corruption Measures Source: CPI and WGI year 2000 to 2010 data. By comparing the average scores of CPI from the period of 20002010, it can be seen that Singapore got the highest score (9.3) and Mongolia got the lowest score (2.88). According to the three countries’ WGIs Indicators from 2000-2010, Singapore received the highest score on average WGIs (1.11) and Mongolia got the lowest score with (-0.02). Regarding the control of corruption, it can be observed that Singapore got (2.27) score which is the highest and it can be said that Singapore received the best scores for all sectors compared to Mongolia and China. DISCUSSIONS There are no simple solutions to address the problem of corruption but it is important to recognize the fundamental role that political will and support for reforms at the highest levels of government can play in bringing about practical results and in raising the credibility of, and public support for, anti-corruption progress. Where anticorruption measures are adequate but political will is weak, non-enforcement or selective enforcement of anticorruption laws undermines their effectiveness. The current state of corruption in Mongolia demands clear and decisive political will to minimize the growing risks of corruption entrenchment, but it seems to be missing at the highest level of government. China has been investigating and dealing with cases of corruption but corruption offences are still serious. The main problem with China anti – corruption control program is that there is no clear division of role among the agencies. In Singapore, the adoption of Pattern 3 will not automatically result in the eradication of corruption in a country if the political leaders are not Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 247 committed to this task. If there is political will, anti-corruption agency can be an asset and powerful weapon against corrupt politicians, civil servants and business persons. According to the study, it can be said that Pattern- 1 and Pattern-2 are inefficient strategies fighting against corruption. The third pattern is the most effective and more successful than other patterns in minimizing corruption. From the study of different corruption patterns of three Asian countries, recommendations are provided as follows: Recommendation 1: Will and Commitment of the Political Leadership is crucial The politicians must be sincerely committed to the elimination of corruption, must show exemplary conduct and should not be involved in corrupt practices themselves. Recommendation 2: Agenda – setting Many governments have yet to recognize corruption as a serious problem. Government needs to place it on their national agenda as a critical issue. Recommendation 3: Comprehensive strategy is more effective The anti-corruption legislation must be comprehensive to prevent loopholes and must be reviewed periodically in order to introduce appropriate amendments whenever needed. Recommendation 4: The Anti-Corruption Agency must itself be incorruptible If the members of the anti-corruption agency are corrupt themselves, it will be ineffective in curbing corruption. Recommendation 5: Reduce opportunities for corruption in vulnerable institutions It is necessary to reduce or minimize the opportunities for corruption, especially in those government departments which are usually vulnerable to corrupt activities, which include customs, immigration, internal revenue, tax appraiser and police. 248 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Recommendation 6: Reduce corruption by raising salaries High salaries in the public sector can be considered as one of the main contributing factors in reducing corruption. If there are no economic growth and adequate financial resources, governments might not be able to raise salaries. Recommendation 7: Promoting the role of CSO The role of CSO is one of the key roles in anti-corruption activity. The primary task of the CSO is to help common people in their social, economic, and political development in order to give them knowledge to protect their rights and fight against injustice themselves. Recommendation 8: Integrity and Moral education Combating corruption should involve moral education. Trainings/ conferences and workshops for the relevant public officials, NGOs and mass media representatives and private sector on how to use acts, international norms national laws should be conducted. Recommendation 9: Controlling corruption by means of religion Religion can make people less corrupt and certainly should impact upon their behaviour and attitudes. Faithful adherents to religion will refrain from corruption because dishonesty, illegality, and mistreatment of others are perceived as sin. Recommendation 10: Limit value in Gift-giving Gift-giving is the traditional and social practices in many countries. For operating clearly on corruption control effectively there should be limit in value and times for the Gift-giving by law. Although “Good governance” plays an important role in fighting against corruption, without effective anti-control pattern, the efforts for elimination will not be efficiency. Thus, it is crucial for each country to have Anti-corruption laws with an Independent agency suitable for respective country context. SUMMARY The first pattern relies on the enactment of Anti-corruption laws without a specific agency to enforce these laws. The second pattern combines Anti-corruption legislation with multiple Anti-corruption agencies which are Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 249 organized in sectors. Pattern-3 is the combination of comprehensive Anticorruption legislation which is impartially implemented by independent Anticorruption agency. The weakness of pattern-1 is a need of a plaintiff who will complain for corruption case. The main problem of pattern-2 is no clear division of role among the agencies and the various agencies suffer from overlap and duplication. Although pattern-3 has greater administrative costs and some weakness, it is the most effective pattern than others. It is very important to design an effective system so that even to most opportunist people, corruption seems to be unprofitable and portends negative consequences for them. ACKNOWLEDGEMENT I would like to take the opportunity to convey my great pleasure and heartfelt thanks to Professor Dr. Daw Khin San Yee, Rector, Professor U Kyaw Min Htun, Pro-Rector (Retd.) of Yangon Institute of Economics and Professor Daw Htay Htay Lwin, Programme Director, Executive Master of Public Administration, Yangon Institute of Economics. REFERENCES Koh Teck Hin. Investigation and Prosecution of Corruption Offences, Resource Material Series No.83, In: The 13th International Training Course on the Criminal Justice Response To Corruption Visiting Experts’ paper. Quah, J.S.T. (2001). Globalization and corruption control in Asian countries, Public Management Review Journal Vol.4 page, 457-463. Salvatore Schiavo-Campo and Pachampet Sundaram. (2000). To serve and To preserve. Asia Development Bank. UNDP (United Nations Development Programme). (2005). Institutional Arrangements to Combat Corruption, A Comparative Study. WEBSITES • China's Efforts to Combat Corruption and Build a Clean Government http://news.xinhuanet.com/english2010/china/2010-12/29/c_13669383.htm [Accessed 8 November 2011] • Trenchancy International (2010), Corruption Perception Index (CPI) 2000-2010. htpp://www.transparency.de/documents/cpi/index.htm [Accessed 30November 2011] • World Bank,(2000-2010). Worldwide Governance Indicator (WGI), http://info.worldbank.org/governance/wgi/mc_chart.asp[Accessed 15November 2011] Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 A Study on Patient Safety Programs in Health Admistration May Mon Zaw Abstract The medical field has changed greatly. As physiology, biochemistry and genetics of human life has improved , the technical ability to treat disease has grown and become complex. Modern clinicians rely on the support of intricate health-care systems and errors can occur at each stage. There is a constant threat of accidental harm, which occurred increase events of accusations and suing all over the world. Because of that, a science of “patient safety” has developed. Harm to patients is not inevitable and can be avoided. To achieve this, clinicians and institutions must learn from past errors, and learn how to prevent future errors but medical errors are occurring because of decision error, process error, system error and medication errors. To reduce errors and develop patient safety programs, polices are developed. WHO had initiated in 2010 by publishing a curriculum guide for start teaching “Patient safety” as a new subject to be able to fulfill the good medical practice. Myanmar, though it is at beginning stage, also adapted and practiced but still need to develop by policies. Introduction About a thousand years from the Hippocrates’ times, the patient was treated with Paternalistic approach; the physician knows best, he decided and he can even act without the patients’ knowledge of consent. The patients in Middle Ages respect or obeyed or worshipped the physicians. They never complained. In this age of Information Technology, the patients become more knowledgeable, especially in scientific knowledge, and they want to know what they are going through, so they ask, they question because they consider that they have the right to know. As a result of advance in technology, complex issues in modern medicine and intervention by government, lawyers EMPA 8th Batch, Department of Applied Economics, Yangon Institute of Economics 252 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 and social critics who do not always realize the realities of medical and hospital life, there is problems everywhere and patients got dissatisfied and legal action upon the paternal physicians especially in developing countries due to cultural concerns – spiritual or magical beliefs, competition from quacks, traditional healers, faith healers etc; escalating costs; availability of resources limitation in resources, government allocation for health funding; truth telling – cancer, HIV – tradition, customs; vendor relationship – drug companies; referral fees – economic context; futility. Nobody wants to harm the patient but medical errors are occurring every minute. This is because of decision error, process error, system error and medication errors. It had not been taught about how to decide in difficult situations, how to foresee the system weakness and mechanism of a system. In other words, there is weakness at quality improvement technique or total quality management (TQM) principles which are now very popular and used to in other professionals like engineering. . Harm to patients is not inevitable and can be avoided. To achieve this, clinicians and institutions must learn from past errors (Root Cause Analysis, RCA), and learn how to prevent future errors (Clinical Practice Improvement, CPI). It is needed to adapt the ways of working to make safe health care a robust and achievable goal. Then, patient safety has emerged as a distinct healthcare discipline supported by an immature yet developing scientific framework. There is a significant transdisciplinary body of theoretical and research literature that informs the science of patient safety. The resulting patient safety knowledge continually informs improvement efforts such as: applying lessons learned from business and industry, adopting innovative technologies, educating providers and consumers, enhancing error reporting systems, and developing new economic incentives. So, patient safety becomes one specialized subject and enlarging still, receiving growing attention in many parts of the world. Unlike the developed countries, in Myanmar there is weakness in the both side, supply and demand side of the health care service. It means that the health care knowledge of the people is low in Myanmar and it also lead to adverse events in health care services. Based on this background, the interest on how Patient Safety Programs are implementing and how to adapt in Myanmar from other countries’ experiences are studied. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 253 Scope and Method of the Study The method of the study is descriptive based on secondary data from World Health Organization, Ministry of Health, Myanmar Academy of Medical Science and sources from the patient safety researches of East Yangon General Hospital and Yangon General Hospital, ward (1+2). It is also qualitative study by interviewing the Professor in Heads, Convenor of patient safety program in Myanmar. Contents Conceptual Frame on Patient Safety Patient safety can be defined as incorporating the following points: (i) Patient safety has to do primarily with the avoidance, prevention, and amelioration of adverse outcomes or injuries stemming from the processes of health care itself. It should address events that span the continuum from what may be called “errors” and “deviations” to “accidents” (ii) Safety emerges from the interaction of the components of the system. It is more than the absence of adverse outcomes and it is more than avoidance of identifiable “preventable” errors or occurrences. Safety does not reside only in a person, device or department. Improving safety depends on learning how safety emerges from the interactions of the components. (iii) Patient safety is related to “quality of care”, but the two concepts are not synonymous. Safety is an important subset of quality. To date, activities to manage quality, such as quality assurance, continuous quality improvement, total quality management, etc, have not focused sufficiently on patient safety issues. The current concepts of patient safety placed the prime responsibility for most adverse events on deficiencies in system design, organization and operation rather than on the negligence or poor performance of individual providers or individual products. Counter-measures based on changes in systems of care were, therefore, more productive as risk-reduction strategies than those that only targeted individual practices or products. In Administrative point of view, health care is a kind of giving services to people. As this service deal with lives of people, it should has standardization ( e.g SOP in every wards), consistency (e.g reliable referral report), accuracy 254 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 (e.g entrusted laboratory report), accountable (e.g full patient treatment record) and predictable (e.g good communication between patients and health care personals). In health economics, lack of information is one of the causes of unsafe health care. It is necessary to give information from both demand (patient) and supply (health care personals) sides. If the patient provide reliable history and health care personals explain detail about the disease and its care, it will lead to sound and safe health care. The health care has the aim of patient-centre and all the parts of health care service should interact at the patient-centeredness to get the genuine quality of services. There are four main causes of medical error: Decision error, Process error, Medication error and System error. Decision error is concerned with wrong decision upon the treatment of patients. It includes wrong diagnosis due to inexperience of disease or wrong laboratory results and choice of inappropriate way to treat. It may be due to weakness in competency, failure of changing guideline. Process error is concerned with the loop-holes of the process in the health care service. It may concern all the procedures done to the patients (diagnostic investigations, treatment procedures).It may be due to the lack of competency, hand slips. Medication error is caused by the facts of wrong patient or wrong drug or wrong dose. It may be due to the weakness of patients’ information record system. System error is concerned with failure of team work and communication, equipment failure, and lack of quality assurance. To reduce the errors, it is basically needed to incorporate total quality management (TQM) technique in medical practice (which is totally new to medical professions). TQM consist of CPI (Clinical Practice Improvement), RCA ( Root Cause Analysis) and Clinical Audit. All the processes meet at the term of clinical governance. It is the term used to describe a systematic approach to maintaining and improving the quality of patient care within a health system concerning the education and training, clinical audit, research and development, risk management, openness and clinical effectiveness. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 255 Experience of Patient Safety Programs in Malaysia In Malaysia patient safety has been making as a National Agenda. Patient Safety Council of Malaysia was approved by Malaysian Cabinet on 29th January 2003. The Council will have five functions, namely, to • Develop a national, electronic database system for reporting and documenting medical errors in hospitals. • Promote an open and fair system for the confidential reporting of incidents. • Analyze these incidents and learn how to avoid them in the future. • Devise strategies to improve safety and quality. • Publish reports on adverse incidents and patient safety. The patient safety programs in Malaysia are on their ways and made plans to get goals to achieve in 2011-2015. 1. Implementing the Global Patient Safety Challenge No. 1 : “Clean Care is Safer Care” 2. Implementing the Global Patient Safety Challenge No. 2 : “Safe Surgery Saves Lives” 3. Implementing the Global Patient Safety Challenge No 3: Tackling Antimicrobial Resistance 4. National implementation of Clinical Governance 5. National implementation of Patient Safety Incident Reporting and Learning System 6. National Support for Research for Patient Safety Program 7. National implementation of Program to Eliminate Central Line Associated Bloodstream Infections (CLBSI) 8. National implementation of Program to Eliminate Ventilator Associated Pneumonia (VAP) 9. National implementation of Critical Test and Critical Values program 10. Ensuring the safety of blood and blood product transfusion 11. National movement to improve medication safety 256 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 12. Reducing the risk of patient harm resulting from falls 13. Prevent and care for health care-associated pressure ulcers (decubitus ulcers) 14. Implement WHO’s Solutions for Patient Safety (also known as “High 5s”) 15. Improve the accuracy of patient identification Experience of Patient safety Programs in United States In 1999, ground-breaking patient safety report “To error is human” published in USA. Committee on quality of heath care in America was organized. In 2000, the Chief Medical Officer chaired an expert group on learning from adverse events in the health care services. This group set out its findings in the internationally acclaimed report that set out ten key recommendations, which were all accepted by the Government. The National Patient Safety Agency was established in July 2001. The core function of the organization is specifically to improve the safety of patient care by promoting a culture of reporting and learning from adverse events, and to manage the National Learning and Reporting System (NRLS) to support this function. In 2002, the World Health Assembly adopted a resolution in May 2002 recognizing the need to promote patient safety as a fundamental principle of all health systems. In 2004, seven steps to patient safety published by the National Patient Safety Agency. Safety Alert Broadcast System (SABS) was established. This was an electronic system set up to disseminate safety-related alerts to the health services and to enable Trusts themselves as well as other key organizations to be aware of actions taken by Trusts to implement each piece of nationally endorsed safety guidance. It has been replaced by the Central Alerting System. The World Health Organization’s World Alliance for Patient Safety launched on 27 October 2004 in Washington. This followed on from resolution in May 2002 recognizing the need to promote patient safety as a fundamental principle of all health systems. In 2005, patient safety became as one of two headline health themes with action culminating in the November 2005 Patient Safety Summit. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 257 National Audit Office report : Safer place for patients: learning to improve patient safety published 3 November 2005, and Public Accounts Committee hearing 16 January 2006. The Patient Safety and Quality Improvement Act of 2005 (PSQIA) established a system of patient safety organizations and a national patient safety database to encourage reporting and broad discussion of adverse events, near misses, and dangerous conditions. In 2006, the department of health published Safety first: a report for patients, clinicians and healthcare managers in December 2006. The report makes 14 recommendations with the aim that every healthcare organization places patient safety at the top of its agenda. In 2007, the National Patient Safety Forum has been set up to influence the development of the patient safety agenda and to facilitate its delivery. The Forum brings together senior representatives of key organizations to be the national conscience of patient safety. Trust, assurance and safety: the regulation of health professionals, setting out a program of reform to the regulation of health professionals, was published in February 2007. In 2008, high quality care for all: Next Stage Review final report was published on 30 June 2008. It states that continuously improving patient safety should be at the top of the healthcare agenda for the 21st century. In 2009, the Health Select Committee (HSC) published its report on patient safety on 3 July 2009. The Government response was published on 13 October 2009. In United States, it recommends the following characteristics of a patient safety organization: • Be located in an entity that is credible and respected. • Be located in an entity that does not have public or private regulatory responsibilities (i.e., it should not be a licensing, accrediting, or compliance entity). • Have the ability to collect and analyze data. • Have mechanisms for communicating with a variety of health care entities, facilities, providers, and plans. 258 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 • Be linked with initiatives for conducting interdisciplinary research and demonstrations addressing health care quality improvement. There are governmental organizations of Patient Safety: Agency for Healthcare Research and Quality, food and Drug Administration, and independent organizations of Patient Safety: American Society of Medication Safety Officers, National Quality Forum, Joint Commission on Accreditation of Healthcare Organizations, National Patient Safety Foundation, Safe Care Campaign, etc. Role of WHO in Patient Safety In October 2004 WHO launched a patient safety program, aims to coordinate, disseminate and accelerate improvements in patient safety worldwide. . Based on existing information: • The risk of acquiring a health care-associated infection is estimated to be 2 to 20 times higher in developing countries than in industrialized ones. Neonatal infections among hospital born babies in developing countries were found to be 3 to 20 times higher than those reported in industrialized countries. • WHO estimates that people residing in South East Asia receive more than 5 injections per year and 50% of the injections are ‘unsafe’. Unsafe practices include reuse of syringes and needles in the absence of sterilization, and poor collection and disposal of dirty injection equipment which expose health care workers and the community to the risk of needle-stick injuries. • Furthermore, WHO estimated that countries in South-East Asia produce over 1,000 metric tons of health care waste including injection-related waste every day which is not properly disposed of. • South-East Asia is a large producer of medical devices that are exported all over the world. However, the devices sold in the domestic market are often manufactured outside the regulatory framework and may not meet international standards. • WHO estimates that developing countries account for around 77% of all reported cases of counterfeit and substandard drugs in the world and that over 50% of all medicines prescribed, dispensed or sold globally are not justified. Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 259 WHO emphasized the programs of patient safety especially in south east Asia with the Regional Committee. Recalling World Health Assembly resolution relating to “Quality of care: Patient safety”, it is noted with concern the high human and financial toll of adverse events in both developed and developing nations. Conceding that the problem is likely to be even greater in developing nations it is recognized that most of the harm to patients is due to failures in the design, organization and operation of systems, acknowledging that a large proportion of adverse events are therefore preventable. It is noted with concern the potential problems in the Region because of the vicious cycle of adverse events and malpractices, law suits and medical liability insurance, the practice of defensive medicines and the rising costs of health care. Aware that no single stakeholder has the expertise or delivery capabilities to adequately tackle the full range of patient safety issues. Situation in Myanmar For the academic interest, there was a study at the East Yangon Hospital, Yangon. Data collection was done by assigned house surgeons and nurses. It covered 4 months period of inpatients in EYGH. Though it may not give strong evidence, it can be studied the presence of errors that can be happened in hospitals. It was recorded from March 2009 to June 2009. There are 101 adverse events during 4 months and there are many causes of these events. It was the 16% of total inpatients. Although the study was done in a short period and covered just one hospital, it clearly highlights that it needs the policies intervention for the safeness of patients. A case study on hospital adverse events at ward (1+2), YGH: it is a small survey to assess the prevalence and rate of adverse events at ward (1+2), YGH from (11.7.09) to (10.9.10). It had the objectives as follows: • To assess the types of adverse events and their prevalence • To fit them into any of the four error groups : System, Process, Medication, Decision • To assess the rate of adverse events of ward (1+2), YGH The findings are: total admissions to ward (1+2) are 4878 patients and 83 patients (Female 42, Male 41) suffered hospital adverse events. Five patients experienced more than one adverse event. Error Prevalence Rate of Ward (1+2), YGH from 11-7-2009 to 10-9-2010 is 1.70%. The impacts of the adverse events are shown in figure (4.10). There were 9 patients of prolonged 260 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 hospital stay, but others, 74 patients had no change of hospital stay though they may have extra burden of medications. No one was dead due to adverse events. Patient Safety Organizations in Myanmar The history of patient safety of Myanmar started in MAMS ( Myanmar Academy of Medical Science). As guided by Ministry of Health on 14th July 2006, MAMS organized a meeting on “Awareness of Medical Ethics” at the MMA Auditorium, on 15th September 2006, focusing action on frontline doctors. From the presentations and discussions at the meeting, outputs that include actions to take were drawn out. At the beginning of 2008, “Ethics Core committee” was organized and under this as a branch, Patient safety is sub-committee. MAMS Ethics Core committee and working Committee and the Task Force Groups with three convenors were formed. Patient Safety Programs in Myanmar Under the guidance of Ministry of Health, there are many future plans laid down; National patient safety goals, patient safety curriculum at medical schools, etc. Though there are many steps to patient safety, many solutions, the awareness program is the first move to start the patient safety wheel. Findings and Discussions Patient safety is a new healthcare discipline that emphasizes the reporting, analysis, and prevention of medical error that often lead to adverse healthcare events. The frequency and magnitude of avoidable adverse patient events was not well known until the 1990s, when multiple countries reported staggering numbers of patients harmed and killed by medical errors. Recognizing that healthcare errors impact 1 in every 10 patients around the world, the World Health Organization calls patient safety an endemic concern. While studying the situation in Myanmar, there is presence of medial errors of different types. In Myanmar, mandatory or voluntary reporting system cannot be established yet, and so there may be under reporting or undetected cases. To run the patient safety programs as in developed countries like U.S, a good reporting system should be developed. However, with the sporadic studies, it showed that policy intervention is needed for the safer health care in health administration. Based on the analyzed data, there are process errors happened more. It means that Clinical Practice Improvement, skill training, communication skill to patient, communication in a team, understanding limitation of a human should be improved. As for the process Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 261 errors, the MOH and MAMS put much effort to cope with that. It includes workshops and seminars on patient safety. Patient safety becomes a subjects in curriculum in all Institutes of Medicine; the awareness of medical ethics and frequent errors that most faced are put into the hearts of health care professionals. In health economic point of view, there are weakness in both supply and demand sides, i.e, the supply of health care services: health care personals, equipments, hospital care and the demand: the patients. The demand side also needs interventions of promoting health care knowledge. In the study, there were medications errors too. To avoid the events of the wrong patients, wrong dose, wrong drugs, there must be a systematic patient’s information record system and detail reporting when the ward transfer. In U.S, there is electronic record of a patient and can access about him from anywhere of the hospital. In Myanmar, the hospital should have a policy requiring that wrist bracelets be checked before every dose of medicine, but because the dose is overdue, the nurse delivers the medicine without confirming the patient's identity. In Malaysia, it initiates computerized drug order program and implement safety solutions for LookAlike Sound-Alike (LASA) medication names. In this fact, it is also needed to promote the knowledge of the public, the demand side. Most people in Myanmar go to pharmacy and take medicines by themselves. There are a lot of negative effects and many adverse events because of this. Unregistered drugs are there in the market, in both foreign and indigenous drugs. Also these drugs can be expired or prohibited drugs. Without a doctor’s prescription, people dare to take by themselves because of lack of knowledge. Though there are National Drug law and traditional drug law, they should be enforced, and there should be national propaganda about side effects of any drugs and general care of common diseases to improve the health knowledge of the public. Like in Malaysia, it should be implemented patient safety solutions from the 9 inaugural WHO patient safety solutions: • Look-alike sound-alike medication names • Patient identification • Communication during patient hand-overs • Performance of correct procedure at correct body site • Control of concentrated electrolyte solutions • Assuring medication accuracy at transitions in care 262 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 • Avoiding catheter and tubing misconnections • Single use of injection devices • Improved hand hygiene to prevent health care associated infections As for system errors, it includes many parts, from individual workload of health care personal to the defect of infrastructures. To cope with the system errors, there should be total Quality Management (TQM) in Health Care. TQM consists of SOP (Standard Operating Procedure), CPI (Clinical Practice Improvement), before the error episode and RCA (Root Cause Analysis), after the error episode. In Myanmar, there are many SOPs in the wards of hospitals. As a fact of WHO “Clean care is Safer care”, hand hygiene is so important in handling with patients. It is needed to maintain proper infection control but there are too many patients to care for and not enough time to wash hands properly. Free flow of running water is not available at clinics. So, like in Malaysia, (ABHR) Alcohol Based Hand Rub) can be used in everywhere. “Understanding systems and the impact of complexity on patient care” shows how patient care comprises multiple steps and multiple relationships. Patients depend on health professionals treating them in the right way; they depend on a system of health care. Medical doctors need to know that good health care is a team effort and not just one person. (GP, lab, specialist, pharmacy). The health care personals need to understand that washing hands is not an optional extra but an important step in caring for the patient. That is why now in Myanmar, hand hygiene becomes an important issue and the government put much efforts in programs of Global Hand Washing Day, October15. Understanding how one’s actions, and each component of care, fit together in a continuous process that has either good outcomes (the patient gets better) or bad outcomes (the patient suffers an adverse event) is an important patient safety lesson. When the health care personals understand that the actions of one person on the team can undermine the patient’s treatment goals, they quickly see their work in a different context—a patient safety context. There are many seminars and workshops held by MMA and MAMS, Continuous Medical Education Programs (CME) in every hospital in both government and private. While studying the patient safety programs and future goals in other countries, these are based on benefit-based programs without considering the 263 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 costs. In the united state its expenditure on patient safety programs between 2006 and 2008 were associated with over $8.9 billion in excess costs. If so, it is needed to raise health expenditure both in total and sector of the patient safety programs. It should be upgraded the PSO (Patient Safety Organizations) in Myanmar to the United State Criteria at least. Moreover, the role of other organizations such as NGOs in patient safety in Myanmar is still weakened as they give more attention to other communicable diseases as their collaboration is needed and MOH alone cannot run up all programs. Nongovernment bodies like MMA, MAMS try most in Patient Safety programs especially awareness programs and achieved many effects from their endeavor. Non-medical people like retired director from Insurance, lawyers for medico-legal pursuit , many voluntary informers will participates in PSO of Myanmar in Future. In order to improve the patient safety programs in Myanmar the following policies are recommended. • enforce the government rules and regulations upon prescribed drugs • promote the assess of the scope and nature of adverse events and the factors that contributed to them • ensure a good counseling group for the patient and his families • strengthen the establishment of detection and reporting systems of adverse events in both government and private hospitals • strengthen the public awareness of health care knowledge of common diseases • initiate the efforts of all health care organizations to report critical results of tests and diagnostic procedures in a timely manner • ensure capacity building in all aspects of patient safety through training activities • enforce the participation and co-operation organizations in patient safety programs of other 264 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Conclusion This study focused on the “Patient Safety Programs in Health Administration”. Patient safety has to do primarily with the avoidance, prevention, and amelioration of adverse outcomes or injuries stemming from the processes of health care itself. It should address events that span the continuum from what may be called “errors” and “deviations” to “accidents”. Patient safety is an issue for all countries that deliver health services, whether they are privately commissioned or funded by the government. The patient safety programs, preventing mechanisms of medical errors can save many things, time, money and workforce. It is needed to initiate with force in Myanmar as a developing country, to get sound and safe health care. As in National Health policy and National Patient Safety Goals, the health care personnel should pay attention not only the disease of the patient but also the safety of the patients. Now, MOH pay much attention to safety programs and in congress it has been discussing much about this. Patient safety is started to teach as a subject in Institutes of Medicine in Myanmar now. The workshops and seminar upon patient safety evaluated as the awareness of medical ethics and patient safety among health care personals improved. WHO also continue its focus on patient safety, and systems and procedures that improve safety. Related works on quality to foster approaches that take account of the full spectrum of interventions are needed: treatment protocols and clinical management schedules; supportive supervision and performance assessment; training and continuing education; procedures for registration, licensing and inspection; and forum for dialogue and motivating providers. Many of the features of patient safety do not involve financial resources; rather, they involve commitment of individuals to practice safely. Individual doctors and nurses can improve patient safety by engaging with patients and their families, checking procedures, learning from errors and communicating effectively with the health-care team. Such activities can also save costs because they minimize the harm caused to patients. When errors are reported and analyzed they can help identify the main contributing factors. Understanding the factors that lead to errors is essential for thinking about changes that will prevent errors from being made. In addition, health care knowledge of the patients and their families play an important supporting role in the treatment of the diseases with the Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 265 assurance of the safety. It needs to give much attention to improve this through the medias. Nowadays, broadcasting from TV programs of Health Talks, alarming by billboards and pamphlets, the consumer educations programs are headed towards the good results. As for conclusion, the programs in Myanmar are at the budding stage. Nowadays, there are a lot more need to be further pursued to ensure the safeness of patients in Myanmar. In the very near future Myanmar will become a fully developed country and so, though high facilities and technology are not still in hands, it should be prepared for the best. Then “Health for All” can be made from safer health care. Summary There are significant numbers of patients are harmed due to their health care, either resulting in permanent injury, increased length of stay in hospitals or even death. The system of health care today is so complex that the successful treatment and outcome for each patient depends on a range of factors, not just the competence of an individual health care provider. The health care has the aim of patient-centre and all the parts of health care service should interact at the patient-centeredness to get the genuine quality of services. The patient safety programs, preventing mechanisms of medical errors can save many things, time, money and workforce. While studying the experiences of other countries and the situation in Myanmar, there are a lot more programs need to be further pursued to ensure the safeness of patients in Myanmar. Acknowledgements First of all, I would like to express my thanks to Dr. Kan Zaw, former Rector and Dr. Khin San Yee, the Rector of the Yangon Institute of Economics, for giving the opportunity to accomplish the rewarding and challenging MPA course. I am grateful to Professor Daw Htay Htay Lwin, Program Director of Master of Public Administration Program for providing the excellent learning environment and her valuable guidance. I have remembered, with gratitude, all my teachers for their enthusiasm, creative ideas, assistance and support as well. I was deeply indebted to Teacher Daw Khin Khin Htwe, Associate Professor, Department of Applied Economics, who gave me closed supervision, encouragement and provided keen knowledge and constructive suggestions to finish my paper. Furthermore, I want to extend special appreciation to Professor Chit Soe, ward (1+2), Yangon General Hospital who provided literatures and innovative ideas. I also thank Dr. Tin Aye, President of GP society, MMA for his valuable guidance. 266 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 A gratifying experience for me was studying with 8th Batch of EMPA colleagues who help me to complete the course and this paper. So, last but not least, I am really grateful to all my colleagues of EMPA 8th Batch. References Boon NA, et.al, 2006, Davidson’s principles and practice of medicine, 20th Edition, Churchill Living Stone Brennan TA, et al. (1991). "Incidence of adverse events and negligence in hospitalized patients. Results of the Harvard Medical Practice Study I". New England Journal of Medicine. 324 (6) Chit Soe,, Medical Error Register Study, Ward (1+2), YGH Chit Soe, Patient safety, Health Watch monthly Medical news journal, no.010- vol-02-13June,2009 Clinton HR, Obama B (2006). "Making patient safety the centerpiece of medical liability reform". New England Journal of Medicine. 354 (21): Coombes ID et al. Why do interns make prescribing errors? A qualitative study, Medical Journal of Australia, 2008,188(2): General Medical Council, 2006, Good Medical Practice, Hoffmann, Barbara; Rohe, Julia (2010). "Patient Safety and Error Management—What Causes Adverse Events and How Can They Be Prevented?". Deutsches Ärzteblatt International 107 (6) Irvine D, Irvine S, 1992, Making sense of audit, Redcliffe Medical Press, Oxford. MAMS Meeting Record , 6th April 2010 Mattie, A.; Ben-Chitrit, R. (2007). "Patient safety legislation: a look at health policy development". Policy, politics & nursing practice 8 (4): Ministry of Health 2010,Health in Myanmar 2010 Ministry of Health 2011,Health in Myanmar 2011 National Quality Forum (2007). Serious Reportable Events in Healthcare 2006 Update: A Consensus Report. Washington, D.C.: National Quality Forum. Pacific Bridge Medical (PBM) Asian Medical e-Newsletter (Volume 4, Number 9, December 2004) “Report of the technical discussion on promoting Patient safety at Health care Instituituons”,43rd Meeting of the Consultative Committee for Program Development and Management (CCPDM) Starr P. 1982, The social transformation of American medicine. New York, NY: Basic Books The Institute of Medicine (2006). "Preventing Medication Errors". The National Academies. Woloshynowych, M; Vincent, C (July 2001). "Exploring the causes of adverse events in NHS hospital practice". Journal of the Royal Society of Medicine 94 (7): WHO, 2010, WHO Patient Safety curriculum guide for medical schools Web sites reference: http://en.wekipedia.org/wiki/patient-safety • www.gmc-uk.org/guidance • http://medicine.com.my • http://www.ahrq.gov • • http://www.patientsafety.gov http://www.who.int/patientsafety • Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 THE EXTERNALITY OF SOLID-WASTE-RECLYING SMALL BUSINESSES Moe Moe Khine1, Than Thuzar2 Abstract The focus of the study is examining the externality of solid-waste-recycling small businesses. The externality is the unintended consequences of business activities. It can be positive when the business activities produce the welfare of the society or the physical environment. It can be negative when the business activities produce harmful effects on the society and the physical environment. The research work emphasizes on the positive externality generated by the solid-waste-recycling small businesses. It is measured as the external benefits produced by the business activity. Solid-wastes-recycling businesses started with economic reasons, i.e. exploiting the market needs generated from the lack of systematic solid wastes management and the scarcity of raw materials for local industries. In addition to the economic benefits, their activities also produce the external benefits unintentionally. These external benefits are reducing the amount of solid waste in the physical environment, accumulating resource recovery, and creating utility for the society. There are twenty solid-waste-recycling businesses involved in the research work. These businesses are classified into solid waste trader, labor intensive recycling business, and capital intensive recycling business. The research was conducted in Mandalay from May to September 2012. It was found out that capital intensive solid-waste-recycling business could produce greater amount of external benefits than other business in the study in terms of solid waste reduction, resource recovery, and utility of solid waste. The value added rate of capital intensive recycling business was not significantly greater than the other businesses in the study. Key words: solid-waste-recycling, externality, external benefit, resource recovery, utility Introduction Economists generally accept that when the incentive mechanism cannot operate the market efficiently, the externalities exist and persist (Callan and Thomas, 2004). However, the interest of the study might oppose this acceptance since it based on a particular situation which generates the positive 1Professor,2Tutor, Department of Management Studies, Institute of Economics 268 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 externalities because the businessmen under the study could find the attractive incentives for establishing a business. In that manner, it should go back to the Adam Smith's metaphor of the "invisible hand", the market outcome emerges as through consumers and firms are guided to make decisions that enhance the society's well-being 1. Externalities are positive or negative impacts on society that occur as a by-product of production and exchange (Hackett, 2006). Studies in externality mostly focus on the negative externalities such as environmental pollution caused by the business activities or distortion of private property rights. The divergence of the study took place since it emphasized on identifying the positive externality of certain business activities. A positive externality can be defined as an unpaid-for benefit enjoyed by others in society that is generated as a by-product of production and exchange (Hackett, 2006). Positive externality is an external effect that generates benefits to a third party (Callan and Thomas, 2004). Therefore, the definition of positive externality utilized in the study agreed with the unpaid benefits obtained by the members of the society that are by-products which are unintended to be produced by a business. Positive externalities are also known as external benefits (Hackett, 2006). The business in the study which generates the positive externality is the solid-waste-recycling business. Solid-wastes-recycling businesses are rather small and unimpressive businesses. However, these businesses have an important role in the waste stream. These businesses collect solid wastes from households and businesses. Then, the wastes are processed, into raw materials or reuse materials for many different businesses. Since the solid wastes are collected at negligible price and sell out at higher price, the profitability of such businesses is attractive. The focus of the study was not the private benefit of the firm, however, the positive externality of these businesses. Therefore, the purpose of the study was formulated as examining the external benefits of the solid-waste-recycling businesses. There are three external benefits concerned with the study. First, the solidwaste-recycling businesses can reduce the amount of solid wastes in the physical environment. Consequently, the environmental pollution can be declined. Second, these businesses recover the resource through recycling and reutilizing solid wastes in the production process. Hence, these businesses can reduce the extraction of natural resources from the physical environment. Third, these businesses transform 1 Smith (1937) p. 423 (originally published in 1776) referred from Callan and Thomas (2004) Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 269 the wastes into useful products and services. Thus, these businesses create form utility out of solid wastes. For these reasons, the external benefits focused in the study are relating to the reduction of solid waste from physical environment, resource recovery, and the utility of solid waste. Scope and Method of the Study Scope of the Study There are limitations of the study. - It emphasized on positive externalities of solid-waste-recycling businesses. The positive externalities were measured as external benefits produced by the business activities. - The external benefits analyzed in the study were the benefits relating to the solid waste, such as, wastes reduction from the physical environment, resource recovery, and resource utility. The other external benefit, e.g. employment provided by the businesses, was not considered in the study. - The negative externality, e.g. pollution, might exist during the solid waste recycling process. However, it could not consider in the study because of the measurement problem. - It did not examine the internal benefits of the businesses. Therefore, it did not contribute the social benefits of the businesses in the study. - The solid waste management in public sector was not involved in the study. Study Unit There are twenty solid-waste-recycling businesses involved in the study. These businesses are categorized as solid waste traders, labor-intensive solid-waste-recycling businesses, and capital-intensive solid-waste-recycling businesses. Solid waste traders are the traders who buy the solid waste, from households and businesses, and resell as reuse materials to the various businesses. Bottle traders are include in this kind of business. There are seven bottle traders participated in the study. The labor-intensive solid-waste-recycling businesses are the businesses, which utilize tools and equipments, for transforming solid-wastes 270 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 into different kinds of products. These businesses produce plastic bags, small paint-containers, bottle covers, and mosquito-repellent containers. There are seven labor-intensive solid-waste-recycling businesses in the study. Five businesses represent plastic bags recyclers and two represent recyclers of used-tins. The capital-intensive solid-waste-recycling businesses are the businesses which invest in capital-intensive technologies for transforming solid-wastes into different kinds of products. These businesses include iron mills and paper mills 1. There are six capital-intensive solid-waste-recycling businesses, three iron mills and three paper mills, in the study. Area of the Study From May to September 2012, the survey research was conducted in Mandalay. The solid waste traders and labor-intensive solid-waste-recycling businesses in the study are located in 22nd street, Mandalay. The capitalintensive solid-waste-recycling businesses in the study are located in Industrial Zone I, Mandalay. Method The owners of the selected solid-waste-recycling businesses were interviewed with structured questionnaire. The respondents participated in the study were selected according to the convenience sampling. Therefore, the findings of the research could not make inference for total population. The research was just an exploratory research. It expected to pave the way for further research, which will be technically more precise and will cover wider area of the study. Results and Findings Solid-wastes-recycling businesses carry out the collecting, trading, and processing different types of solid wastes; bottles, plastic bags, tins, paper, iron, etc. For the purpose of research, the recycling businesses are classified into three types; solid-waste trader, labor-intensive recycling business, and capital-intensive recycling business. An assumption was made for the research findings that the capitalintensive recycling business can recycle large volume of solid wastes than 1 The plastic mills are also capital-intensive solid-waste-recycling businesses. However, data are not available for this study about these businesses. 271 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 other recycling businesses, thus, it can produce greater external benefits than others. The external benefits of solid-waste-recycling businesses are presented according to the amount of solid wastes reduced, resource recovery, and the utility of solid wastes. (a) The Amount of Solid Wastes Reduced The amount of solid waste recycled is one of the external benefits to the physical environment because it reduces the pollution of the environment. Therefore, the amount of solid waste recycled by solid-waste-recycling businesses was examined (see Figure 1). 2000 1800 amount (ton) 1600 1400 1200 1000 800 600 400 200 0 bottle plastic bag tin paper iron types of w astes Source: Survey data (2012) Figure (1) The Amount of Solid Wastes Reduced per Month 272 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 In every month, the solid-waste-recycling businesses in the study reduce approximately (2300) tons of solid wastes. The majority of wastes are iron wastes, the second largest waste is used bottles, and the third largest waste is paper wastes (see Figure 2). 12% 2% 3% 8% bottle plastic bag tin paper 75% iron Source: Survey data (2012) Figure (2) The Proportion of Different Solid Wastes Reduced per Month (b) Resource Recovery Solid wastes are collected from households and businesses. Since the amount of solid wastes acquired from households is small and the household are scattered, the recycling businesses depend on the solid waste collectors and solid wastes traders to buy solid waste from the households. Solid waste collectors buy wastes from households. They sell out to the small solid-wastetrading businesses. Then, the small solid-waste-trading businesses sell out to the recycling businesses. The recycling businesses in the study receive the largest amount of solid wastes through this channel (see Table 1). Sometimes, solid waste collectors sell the wastes-collected directly to the recycling businesses. Apart from plastic bags, the amount of wastes directly bought from wastes collectors is small (see Table 1). Businesses also sell out their wastes directly to the recycling businesses because the volume of wastes from the businesses is large. The amount of wastes directly sold from the businesses is small (see Table 1). Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 273 Table (1) Sources of Solid Wastes Collected per Month Types of Waste Bottles Plastic bags Tins Paper Iron Solid Waste Solid Waste Wastes from Total Trader Collector Business Amt. Amt. Amt. Amt. % % % % (Tons) (Tons) (Tons) (Tons) 267 98 4 1 3 1 274 100 29 56 23 44 52 100 40 56 6 9 25 35 71 100 95 53 85 47 180 100 1765 99 16 1 1781 100 Source: survey data (2012) Solid-waste-recycling businesses utilize these wastes as raw materials or reuse materials. Then, another external benefit, resource recovery, is generated since the wastes become resources for further production process. Used bottle traders cannot recycle the bottles because the technology for recycling glass bottles is quite capital-intensive and not available for the local industries. Therefore, bottle-traders in the study buy used bottles, sought out the bottles, and sell out to the businesses. Most of the bottles are reutilized in the production of beverages. Especially, large brewery firms collect its bottles through this channel. These bottles are also reused in small manufacturing firms, which produce food staffs and traditional medicines. Plastic bags recycling-business and tins recycling-business are laborintensive recycling businesses. Plastic bags recycling-businesses buy used plastic bags from waste collectors and businesses. Then, they stitch out the bags, remove the bad parts, combine the different parts, and produce the different sizes of bags. These bags are used for packing agricultural products, cement, charcoal, rice, and other non-food items. Tins-recycling businesses in the study also collect condensed milk tins. By using cutting and pressing machines and equipments, they produce small items, such as, small containers, bottle covers, and containers for mosquito killer coin. Iron mills and paper mills are capital-intensive recycling businesses. Iron mills utilize iron wastes and produce iron sticks for constructions. Paper 274 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 mills recycle paper waste. Their products are used for printing business and binding exercise books for students. In order to examine the resource recovery of each type of recycling business in the study, the values of materials utilized by these businesses are presented in Figure (3). 600 value (kyats in million) 500 400 300 200 100 0 bottle plastic bag tin paper iron resources The solid-waste-recycling businesses in the study transform wastes into resources. If there is no such transformation, the resources required must be extracted from the natural environment. The total value of resource recovered by those businesses in every month is approximately (600) million kyats. 2% 0%1% 7% bottle plastic bag tin paper 90% iron Figure (4) The Proportion of Resource Recovery by Each Type of Business (per Month) 275 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 Figure (4) indicates the proportion of resource recovery by each type of business. It can be seen that the largest portion of resources recovered are iron wastes, which utilized by the iron mills. The second largest portion resources recovered are paper wastes, which utilized by paper mills. It can be concluded that the capital-intensive recycling businesses can utilize larger amount of wastes in their production process, hence, these businesses recover more resources than labor-intensive recycling businesses and solid waste traders. (c) The Utility of Solid Wastes Since the recycling businesses process wastes into products, the wastes are transformed to create form utility. The utility of solid wastes is examined as the value of outputs transformed by recycling businesses (see Figure 5). The total value of outputs produced by recycling businesses in the study per month is approximately 670 million kyats. 700 value (kyats in million) 600 500 400 300 200 100 0 bottle plastic bag tin paper iron outputs of business Source: Survey data (2012) Figure (5) The Amount of Output Produced per Month 276 Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 According to Figure (6), the iron mills, capital-intensive recycling business, can produce the largest portion of outputs. The paper mills produce second largest portion of outputs. 3%0% 0% 6% bottle plastic bag tin paper iron 91% Source: Survey data (2012) Figure (6) The Proportion of Outputs from Each Types of Businesses in the Study (per Month) Based on the absolute values of outputs produced by the recycling businesses, it was mentioned that the capital-intensive recycling business can produce more outputs. Therefore, it can be concluded that these businesses can create more utility for the society. Table (2) Value Added Rates of the Businesses in the Study Types of Business Bottle Plastic bags Tin Paper Iron Inputs per Month (Ks. Million) 13.59 1.76 0.95 20.99 450.00 Outputs per Month (Ks. Million) 19.79 2.63 2.28 39.48 607.50 Value Added Rate 1.46 1.49 2.40 1.88 1.35 Source: Survey data (2012) Table (2) indicates the value added rates of the businesses in the study. Value added rate is calculated as the proportion of material input value to outputs of the business. It is calculated for examining whether the capital- Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10 277 intensive recycling business can add more value to the wastes than the other types of businesses. It can be seen in Table (2), the value added rate of capitalintensive business, especially iron mills, is even slightly lower than other recycling businesses. The value added rate of other capital-intensive recycling business, paper mills is higher than bottle traders and plastic bag recycling business. The value added rate of tin recycling business is the highest rate among the business. Conclusion The purpose of the study was identifying the externalities of solid-wasterecycling small business. Therefore, it examined external benefits of those businesses; amount of solid wastes reduced from physical environment, the amount of resource recovery, and the utility of wastes produced by those businesses. It was found out that the capital-intensive recycling businesses can create more external benefits, in terms of the amount of solid wastes reduction, the amount of recovered resource, and the value of outputs. Especially, iron mill, more capital-intensive business produce greater external benefits than other business. However, comparing the value added rates of each type of business; it was found out that the value added rate of iron mills is lower than other businesses. Acknowledgements I would like to express my respectful thanks to Dr. San Lwin, Rector of Meiktila Institute of Economics, and Professor Dr. Tin Tin Htwe, Head of the Department of Management Studies for their permission to submit this paper. I owe a debt of gratitude to all the participants who willingly contributed their knowledge and effort in the study. References Callan, Scott J. and Janet M. Thomas, (2004), "Environmental Economics and Management", 3rd ed., South-Western, a division of Thomson Learning, USA. Field, Barry C., (1994), "Environmental Economics", McGraw-Hill Inc., USA. Field, Barry C., (2001), "Natural Resource Economics", McGraw-Hill Inc., USA. Hackett, Steven C., (2006), "Environmental and Natural Resources Economics", M.E. Sharpe, Inc., New York, USA.
© Copyright 2024