text:
Scott v. Ross/Opinion of the Court

[p1279]

BEEZER, Circuit Judge:

Defendant-appellant Cult Awareness Network ("CAN") appeals the jury's verdict finding CAN liable for conspiracy and negligence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I
In 1991, Kathy Tonkin and her six children joined the Life Tabernacle Church ("Life Tabernacle"), a branch of the United Pentecostal Church International. Tonkin remained a member for over a year before withdrawing. She urged her sons to withdraw from Life Tabernacle, but her three oldest sons, appellant Jason Scott ("Scott"), Thysen and Matthew, refused. At the time Scott was 18 years of age, Thysen, 16 and Matthew, 13.

Tonkin believed Life Tabernacle had a destructive effect on her sons and sought help in having them removed from the church's influence. Tonkin contacted Shirley Landa after a referral from the Seattle Community Service hotline. Landa was involved in various "anti-cult" activities and worked as CAN's Washington state "contact." A "contact" is "an unpaid volunteer who is available in given areas to speak to members of the public on behalf of CAN." CAN has described itself as "a national nonprofit organization founded to educate the public about the harmful effects of mind control as used by destructive cults." CAN operates nationally through volunteer contacts and affiliates. CAN has only four paid staff members, a full-time Executive Director and three part-time staff.

Landa referred Tonkin to Rick Ross, whom Tonkin hired to "deprogram" her three sons. Although the record is somewhat unclear as to the specific nature or origin of Landa's relationship with Ross, it is clear that Landa was aware Ross performed involuntary deprogrammings because she had seen Ross do so on the television program "48 Hours." Ross was known to, and received referrals from, other CAN members as well.

Ross performed "successful" involuntary deprogrammings on Thysen and Matthew, who were minors and therefore within their mother's control. Tonkin, Landa and Ross knew that to deprogram Scott would be more difficult legally because Scott was 18 years of age. Nonetheless, Ross, with the aid of defendants Simpson, Workman and Rotfroff, attempted to deprogram Scott. They abducted Scott and held him captive for five days, during which Ross "debated" Life Tabernacle's teachings with Scott. Tonkin planned to send Scott to a deprogramming rehabilitation center in Ohio after Ross completed the deprogramming. After several days, Scott feigned acceptance of Ross' positions, escaped and filed this suit.

Scott claimed Ross, Simpson, Workman, Rotfroff and CAN conspired to deprive him of his civil rights in violation of 42 U.S.C. § 1985(3). Scott also brought state law tort claims for negligence and outrage. Scott's claim against CAN was based upon CAN's vicarious liability for the acts of its alleged agent, Landa.

Rotfroff settled with Scott before trial. After a six-day trial, a jury found the remaining [p1280]  defendants liable for civil rights violations and negligence and awarded Scott $ 875,000 in compensatory damages and $ 4 million in punitive damages. The jury allocated 10% of the negligence liability and $ 1 million in punitive damages against CAN. CAN appeals.

CAN raises a variety of arguments on appeal. CAN principally focuses on the issue of Landa's agency: (i) CAN contends that the district court's jury instructions failed to follow Washington's agency law, and (ii) CAN argues that the evidence was insufficient to impose liability because the evidence demonstrated neither that Landa acted as CAN's agent nor that Landa acted within the scope of any alleged authority. CAN claims that the imposition of liability based upon Landa's acts violates CAN's First Amendment rights. CAN contends that liability may not be imposed on it pursuant to 42 U.S.C. § 1985(3). CAN challenges the admission of the testimony of Scott's expert, Dr. Anson Shupe. We reject each of CAN's arguments.

II
CAN argues that the district court's agency instruction did not accurately describe Washington state agency law. We review a district court's formulation of civil jury instructions for an abuse of discretion. See Fikes v. Cleghorn, 47 F.3d 1011, 1013 (9th Cir. 1995).

In Washington, a principal is liable for the negligent acts of its agent when the agent acts on behalf of the principal and within the scope of employment. See Roletto v. Department Stores Garage Co., 30 Wash. 2d 439, 191 P.2d 875, 877 (Wash. 1948) (a principal's liability rests on a showing "that the relation of master and servant exists between the person at fault and the one sought to be charged for the result of a wrong; and the relation must exist at the time, and in respect to the particular transaction out of which the injury arises."). If the agent is not acting on the principal's behalf at the time of the act in question, then the principal is not liable for that act. Id. This rule applies to agents who are volunteers. See Abel v. Firs Bible and Missionary Conference, 57 Wash. 2d 853, 360 P.2d 356, 358 (Wash. 1961).

The district court's agency jury instructions properly described these principles. CAN's argument that the jury instructions did not allow the jury to conclude that Landa might be an agent of CAN for some purposes, but not for the purposes of Scott's deprogramming, is not persuasive. The district court's instructions, read as a whole, properly address CAN's concern. The district court instructed:

"The defendant Cult Awareness Network is sued as a principal. The plaintiff claims that Shirley Landa was acting as the Cult Awareness Network's agent in making the referral of Rick Ross to Kathy Tonkin. CAN denies that Shirley Landa was acting as CAN's agent and that Ms. Landa was at the time she made the referral acting within the scope of her authority."

If you find that Shirley Landa was the agent of CAN and was acting within the scope of authority, then any act or omission of Ms. Landa was the act or omission of CAN. If you find Ms. Landa was not acting within the scope of authority as CAN's agent, then you must find for CAN.

[p1281] The district court's reference to CAN's theory, coupled with the ensuing instruction requiring a showing that Landa "was acting within the scope of her authority," accurately states Washington agency law. These instructions differ only slightly from CAN's proposed instruction which reads: "[CAN] can be liable to Scott only if Shirley Landa was acting as its agent when she provided Scott's mother with the name and telephone number of Rick Ross." The district court properly instructed the jury.

III
CAN argues that the evidence was insufficient to impose liability on CAN because the evidence failed to demonstrate that Landa acted as CAN's agent and that she acted within the scope of her authority. We review de novo a district court's denial of a motion for judgment as a matter of law. McClaran v. Plastic Indus., Inc., 97 F.3d 347, 354 (9th Cir. 1996). Judgment as a matter of law is proper if the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to the jury's. Acosta v. City & County of San Francisco, 83 F.3d 1143, 1145 (9th Cir.), cert. denied, 136 L. Ed. 2d 403, 117 S.C.t. 514 (1996). We review a district court's denial of a motion for a new trial for an abuse of discretion. Wharf v. Burlington Northern R.R. Co., 60 F.3d 631, 637 (9th Cir. 1995).

CAN may be held liable for Landa's acts if those acts were on CAN's behalf and within the scope of Landa's agency. E.g., Roletto v. Department Stores Garage Co., 30 Wash. 2d 439, 191 P.2d 875 (Wash. 1948); Thompson v. Everett Clinic, 71 Wash. App. 548, 860 P.2d 1054, 1056 (Wash. Ct. App. 1993) ("In order to hold an employer vicariously liable for the tortious acts of its employees, it must be established that the employee was acting in furtherance of the employer's business and that he or she was acting within the course and scope of employment when the tortious act was committed."), review denied, 877 F.2d 694 (Wash. 1994). In addition, "agency requires that both parties consent to the relationship and that the principal exercise control over the agent." Nordstrom Credit, Inc. v. Department of Revenue, 120 Wash. 2d 935, 845 P.2d 1331, 1335 (Wash. 1993). Agency may be proven with circumstantial evidence. Griffiths v. Big Bear Stores, Inc., 55 Wash. 2d 243, 347 P.2d 532, 535 (Wash. 1959) (citing Smith v. Leber, 34 Wash. 2d 611, 209 P.2d 297, 301 (Wash. 1949)). Our review of the record discloses evidence that supports the jury's finding of agency and that meets the district court's instruction.

The evidence demonstrates that Landa, who referred Tonkin to Ross, and who was aware of the plan to deprogram Scott, was a CAN contact person. Landa testified that she was designated as a CAN contact person for Washington state and had been on CAN's list of contact persons for years. Landa, who belonged to several other cult-related organizations, had a long-standing relationship with CAN. She was a founder of the Citizens Freedom Foundation ("CFF"), the predecessor organization to CAN, and a former member of CAN's board. Although Landa testified that she received fewer than five referrals per year from CAN, it appears she did, in fact, receive CAN referrals concerning "cult" matters in Washington.

The evidence indicates that CAN functioned through its contact people. William Rehling, CAN's president, stated that "contact people are people who are available to be contacted to encourage communication . . . so that if . . . someone needed to speak with a representative of CAN, they can deal with [p1282]  the contact person." When asked if contact people were "representatives" of CAN, Rehling replied that CAN's contacts were "people who are available to talk to people who have the need or desire to discuss CAN with or cults with someone" and who "facilitate communication." When asked how contact people encountered members of the public, Rehling explained that, "[a] contact person is someone that could be . . . given to that person initially as just someone to speak with, or its possible that it would work the other way, that somebody, the CAN office, might suggest they speak to a contact person. Both of those are possible." Rehling stated that CAN authorized its contact people to represent to the public that the contact people were assisting on behalf of CAN.

The evidence shows CAN controlled the appointments of its contact people and had the right to terminate them. Rehling testified that CAN chose its contact people by considering their commitment to CAN, their willingness to serve as contact people, their history of good relations with CAN, and their perceived agreement with CAN's tenets. Rehling thought that CAN might have issued policies concerning how contact people should conduct themselves with the public and that the contact people might have to sign agreements with CAN. Rehling acknowledged that CAN could remove from its list of contact persons any contact person who engaged in misconduct.

The evidence indicates that it was CAN's practice to refer people to deprogrammers, including Rick Ross, and that Ross was known to engage in involuntary deprogramming. Tonkin said Landa described Ross as "a very successful deprogrammer" with a "very, very high success rate." Martin Butz, a CAN employee who answered CAN's national hotline, estimated he referred a "few hundred" people to "exit counselors," i.e., deprogrammers who did not engage in forcible interventions. Butz acknowledged that he referred people to Rick Ross. Although Butz claimed he was unaware of Ross engaging in illegal, involuntary deprogramming, Butz admitted he was "aware" of the "48 Hours" television program concerning Ross. That program reported that Ross restrained a fourteen-year old boy and conducted an involuntary, although not illegal, deprogramming. Butz said that after the broadcast of the "48 Hours" program, people requested Ross' name and telephone number from him. Although Butz said he had not referred anyone to Ross in the past two and a half to three and a half years, Butz admitted providing the requested information on perhaps six occasions.

Although Ross did not specifically recall receiving any referrals from Butz, Ross acknowledged that he "may have received referrals for information from the Cult Awareness Network." He also remembered "receiving some calls and people said that they - they may have said that they had talked to CAN or some other organization." When asked if CAN's referrals to him led to "exit counseling" or deprogramming, Ross acknowledged that the referrals "for information" "may have resulted" in his being "retained . . . for some purpose," such as voluntary "exit counseling."

Other evidence was admitted that concerned Ross' contact with CAN and CAN's awareness of Ross. For example, Ross had applied to be the executive director of CFF. Ross acknowledged he corresponded with Priscilla Coates, CFF's executive director. In a letter to Coates, Ross indicated that he wanted to complete two more exit counseling cases that year in order to support one of his projects, and wrote, "a couple of cases right now would be great. Do you know of anything?" In the letter, Ross stated that Cynthia Kisser, CAN's executive director, had given him a "couple of referrals." Ross included in his promotional materials testimonials from CAN directors. Coates stated in a testimonial that she had "referred many families, friends, siblings, and inquiries of all kinds to Rick." Ross attended CAN conferences in Los Angeles, Oklahoma City, Chicago and Dallas.

In summary, there is sufficient evidence, if believed by the jury, to establish that Landa was a CAN contact person; that CAN functioned [p1283]  through its contact people; that CAN members routinely referred people to deprogrammers, including Ross; that Ross conducted involuntary deprogrammings; and that CAN was aware of Ross and the fact he conducted involuntary deprogrammings. The evidence was sufficient to support the jury's verdict on the question of Landa's agency with respect to her referral of Tonkin to Ross.

IV
CAN argues it should not be held liable for Scott's injuries because, even if Landa acted as CAN's agent, Landa's referral of Tonkin to Ross was an act beyond Landa's authority as a CAN agent. However, as discussed supra, the evidence establishes that CAN members routinely referred callers to deprogrammers, including involuntary deprogrammers; thus, Landa's referral of Tonkin to Ross did not violate CAN's actual practices. CAN's "official" policy prohibiting involuntary deprogramming neither undermines the evidence concerning CAN's practices nor precludes imposition of vicarious liability. E.g., Smith v. Leber, 34 Wash. 2d 611, 209 P.2d 297, 303 (Wash. 1949) (respondents cite no case holding that an express prohibition against the doing of a certain act absolves an employer from liability, where such an act was done in conjunction with other acts which were within the scope of the duties an employee has been instructed to perform.) Because Landa acted within the scope of her authority, there is no reason to set aside the jury's verdict.

V
CAN argues for the first time on appeal that the imposition of vicarious liability for Landa's acts violates CAN's First Amendment speech and associational rights. Generally, we do not consider issues raised for the first time on appeal. Bolker v. Commissioner, 760 F.2d 1039, 1042 (9th Cir. 1985). Nonetheless, we have discretion to review issues not raised below when, as here, "the issue presented is purely one of law and either does not depend on the factual record developed below, or the pertinent record has been fully developed." Id.

CAN relies primarily on N.A.A.C.P. v. Claiborne Hardware Co., 458 U.S. 886, 73 L. Ed. 2d 1215, 102 S.C.t. 3409 (1982). Claiborne involved a boycott against certain white businesses in Mississippi by African-American residents. After discussing the protestors' speech and associational rights, the Supreme Court stated that the NAACP representative was not liable for his speech because it "did not exceed the bounds of protected speech." Id. at 929. Because the NAACP's spokesman was not liable, the NAACP, as his principal, could not be held liable. Although the NAACP and its members had well-recognized associational rights, the NAACP, "like any other organization," would be held liable for any actionable conduct of its agents "undertaken within the scope of their actual or apparent authority." Id. at 930.

Claiborne is distinguishable from the instant case. CAN is not being held liable for any of its speech or associations, but rather for its agent's involvement in Scott's deprogramming. In Claiborne, the evidence did not tie the NAACP to the purportedly illegal acts of its representative; here, CAN has been directly linked to the acts of its agent, Landa.

VI
CAN argues that: (i) it cannot be held vicariously liable for conspiracy under § 1985(3), and (ii) even if it could be held liable, the evidence presented fails to establish that CAN engaged in any conspiracy to violate Scott's rights.

A. Vicarious Liability
CAN argues that vicarious liability cannot be imposed under § 1985(3). Although CAN raises this issue for the first time on appeal, we may review purely legal issues raised for the first time on appeal if the record was fully developed at trial. [p1284] Bolker v. Commissioner, 760 F.2d 1039, 1042 (9th Cir. 1985). We review de novo questions of law. United States v. Gutierrez, 116 F.3d 412, 415 (9th Cir. 1997).

Neither CAN nor Scott cites to binding authority concerning the imposition of vicarious liability under § 1985(3). Instead, both parties rely on cases concerning 42 U.S.C. § 1983. CAN argues that liability does not arise under § 1985 on theories of respondeat superior or vicarious liability. Scott contends that CAN's liability is premised on CAN's policy and practices condoning involuntary programming; in effect, Scott attempts to graft § 1983 principles concerning municipal liability onto § 1985(3). We have yet to adopt either view in this circuit.

The parties have not offered persuasive reasons why we should adopt their arguments. We are reluctant to adopt wholesale § 1983 principles with respect to § 1985(3) in light of the fact that, unlike § 1983, § 1985(3) was intended to reach "private conspiracies aimed at interfering with rights constitutionally protected against private, as well as official, encroachment." ''United Bhd. of Carpenters v. Scott,'' 463 U.S. 825, 833, 77 L. Ed. 2d 1049, 103 S.C.t. 3352 (1983). With a few exceptions, claims brought pursuant to § 1985(3) do not require state action. See id. at 830 (the exception is that a conspiracy to infringe First Amendment rights does not violate § 1985(3) unless there is state involvement or the conspiracy's aim is to influence state activity). The same cannot be said with respect to § 1983. The policy and practice limitation on municipal liability under § 1983 shields governmental agencies from liability for unauthorized actions of its officers to a greater extent than traditional respondeat superior principles do; given this, to replace traditional principals of vicarious liability with a "policy and practice" theory of liability with respect to private actors strikes us as suspect.

To adopt CAN's argument that there is no vicarious liability under § 1985(3) would be tantamount to adopting a rule that private organizations or entities can never be liable under § 1985(3). That is not the law of this circuit. In Life Insurance Co. of North America v. Reichardt, 591 F.2d 499 (9th Cir. 1979), we reversed the dismissal of plaintiff's complaint where plaintiff was a female disability insurance policyholder who sued the California State Insurance Commissioner and several insurers. In Fobbs v. Holy Cross Health System Corp., 29 F.3d 1439 (9th Cir. 1994), we reversed the dismissal of plaintiff's complaint where plaintiff was a black physician who sued a hospital and members of the hospital's supervisory committee. Although we did not explicitly address the issue of vicarious liability in these cases, it is apparent that in absence of some type of vicarious liability, the entity defendants could not have been liable.

We conclude that vicarious liability may be imposed on CAN in this action. Under either traditional principles of respondeat superior or "policy and practice" principles, CAN would be liable. Landa acted as CAN's agent, and Landa acted in accordance with CAN's practice of referring people to involuntary deprogrammers.

B. Sufficiency of the Evidence
CAN argues that even if it is liable under § 1985(3) for Landa's acts, the evidence fails to establish that Landa was aware of any plan to deprogram or abduct Scott, and that even if she was aware of this plan, she did not participate in it. The record shows otherwise.

A plaintiff alleging a conspiracy under § 1985(3) must establish: the existence of a conspiracy to deprive the plaintiff of the equal protection of the laws; an act in furtherance of the conspiracy; and a resulting injury. See Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1536 (9th Cir. 1992) (citing United Bhd. of Carpenters v. Scott, 463 U.S. 825, 828-29, 77 L. Ed. 2d 1049, 103 S.C.t. 3352 (1983)). "A conspiracy can be inferred from conduct and need not be proven by evidence of an express agreement." Ward v. Equal Employment Opportunity Comm'n, 719 F.2d 311, 314 (9th Cir. 1983).

The record shows Landa was involved in the agreement to deprogram Scott and thereby violate his civil rights. Landa referred Tonkin to Ross, and Landa was aware of Ross' methods. Tonkin indicated that Landa referred to Ross as "a very successful deprogrammer" with a "very, very high success [p1285]  rate." Landa knew Ross conducted involuntary deprogramming, as indicated by the fact she saw the "48 Hours" program in which Ross involuntarily deprogrammed a minor. Landa was involved in the deprogramming of Scott's younger brothers. Tonkin discussed and planned the deprogramming of Scott with Landa. Landa advised Tonkin of the possible legal problems involved in Scott's deprogramming. Landa told Tonkin that the only way properly to deprogram Scott was to abduct and deprogram him. The fact Ross contacted Landa for "legal advice" after his arrest is further evidence of her complicity. See United States v. Calabrese, 825 F.2d 1342, 1348 (9th Cir. 1987) (knowledge of and participation in conspiracy can be inferred from circumstantial evidence and from defendant's actions) (citation omitted).

CAN's reliance on Landa's testimony to establish that she was not involved in the alleged conspiracy is not persuasive. In denying CAN's motion for judgment as a matter of law or for a new trial, the district court noted that the jury was justified in discounting Landa's testimony given "the numerous illustrations of Landa'[s] bias and hostility, as well as the inconsistencies in her testimony."

VII
CAN argues that the admission of the testimony of Dr. Shupe, whom Scott proffered as an expert in the "anti-cult movement," violated Rules 702 and 703 of the Federal Rules of Evidence. In general, we review the admission of expert testimony for an abuse of discretion. United States v. Alonso, 48 F.3d 1536, 1539 (9th Cir. 1995).

CAN moved in limine to exclude Dr. Shupe's testimony, but CAN did not object to his testimony at trial. We have "rejected an invariable requirement that an objection that is the subject of an unsuccessful motion in limine be renewed at trial." Palmerin v. City of Riverside, 794 F.2d 1409, 1413 (9th Cir. 1986). Instead, "where the substance of the objection has been thoroughly explored during the hearing on the motion in limine, and the trial court's ruling permitting introduction of evidence was explicit and definitive, no further action is required to preserve for appeal the issue of admissibility of that evidence." Id.; see also United States v. Lui, 941 F.2d 844, 846 (9th Cir. 1991).

The issue of the admissibility of Dr. Shupe's testimony was not properly preserved for review because the district court's ruling lacked the necessary definitiveness. When Scott sought to qualify Shupe as an expert at trial, the district court stated that, "in my view of the rules, Counsel, it is up to the jury to determine the expertise if there is no objection to [Dr. Shupe's] testimony." In other words, although Scott was not precluded from calling Dr. Shupe as an expert, the district court would consider objections to specific testimony elicited. Despite this warning to CAN's counsel, CAN failed to object to Dr. Shupe's testimony on Rule 702 or 703 grounds. Later, the district court expressed surprise at CAN's failure to object during Dr. Shupe's testimony and noted its willingness to consider objections to Dr. Shupe's testimony. Even then, at the district court's prompting, CAN failed to object or to move to strike Dr. Shupe's testimony. Rather, CAN's attorney admitted that after the denial of CAN's motion in limine, CAN made a "strategic decision" to "deal with it." In these circumstances, we review the admission of evidence for plain error. ''Cf. United States v. Alonso,'' 48 F.3d 1536, 1539 (9th Cir. 1995). The fact that the district court might have sustained objections, had they been made, does not mean that the district court wrongly admitted Dr. Shupe's testimony.

Turning to the merits of CAN's argument, CAN contends that Dr. Shupe's testimony was inadmissible under Rule 702 of the Federal Rules of Evidence. Rule 702 allows for the admission of expert testimony that will aid the trier of fact in understanding the evidence or determining a fact in issue. There are four factors to consider in determining if expert testimony will assist the [p1286]  trier of fact: (i) whether the expert is qualified; (ii) whether the subject matter of the testimony is proper for the jury's consideration; (iii) whether the testimony conforms to a generally accepted explanatory theory; and (iv) whether the probative value of the testimony outweighs its prejudicial effect. United States v. Castaneda, 94 F.3d 592, 595 (9th Cir. 1996) (citing United States v. Rahm, 993 F.2d 1405, 1409 (9th Cir. 1993)).

The district court properly admitted Dr. Shupe's testimony. Shupe is qualified; he is a professor of sociology who has studied and written about the "anti-cult movement" for the last 19 years. See Thomas v. Newton Int'l Enters., 42 F.3d 1266, 1269 (9th Cir. 1994) (Rule 702 "contemplates a broad conception of expert qualifications."). CAN's argument that Shupe did not specifically study CAN or its practices does not undermine Shupe's credibility. Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134, 1142 (9th Cir. 1997) (fact that expert's opinions were based on data collected by others was immaterial to determining whether opinions were admissible).

Shupe's testimony was proper for the jury because he testified regarding matters beyond the general knowledge of jurors. That is, Shupe discussed the history and general practice of deprogramming and the origin and practices of the "anti-cult movement." That CAN denies either endorsing or performing violent deprogrammings does not make Dr. Shupe's testimony excludable. This matter was taken up on cross-examination, and the merits of Dr. Shupe's opinion was properly challenged by showing his inability to point to specific CAN literature endorsing violent deprogrammings. Shupe's opinion as to the entrepreneurial nature of deprogramming and its origins in religious intolerance was not inappropriately admitted. Just as CAN questioned the credibility of Dr. Shupe, so too the jury was free to disregard his testimony.

Dr. Shupe's testimony conformed to a generally accepted explanatory theory, as indicated by his citation to other authors, primarily collaborators, who have discussed theories consistent with his. Because Dr. Shupe provided the jury with useful information about the anti-cult movement and was available for cross-examination, defeating in large part any concerns of prejudice, the probative value of his testimony outweighed any prejudicial effect.

CAN argues that the admission of Dr. Shupe's testimony violated Rule 703 of the Federal Rules of Evidence. Rule 703 allows an expert witness to form an opinion based on facts or data either before or at the hearing. The facts or data relied upon need not be otherwise admissible if they are "of a type reasonably relied upon by experts in a particular field." Fed. R. Evid. 703. CAN argues that Dr. Shupe's opinions were based on newspaper articles, certain pretrial testimony and conversations with colleagues, all of which, CAN contends, fail to constitute evidence "reasonably relied" on by experts in Dr. Shupe's discipline. CAN argues that Shupe's testimony lacks any indicia of trustworthiness to merit consideration of hearsay materials. However, Shupe's citations to his extensive studies and to his collaboration with other academics as the basis for his opinions suffice to merit admission of his testimony.

The judgment of the district court is AFFIRMED.

title: Scott v. Ross/Opinion of the Court


text: Category:United States court decisions on civil rights

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/320

 312 city; groups of young men and maidens move listlessly about, others coming into the city from the country districts. Then, towards evening, the thoroughfares become thronged with the youth of the city, and by ten o'clock, in the neighbourhood of the Tron Church, small crowds of young men begin to gather, and to grow impatient for the midnight hour of carousal, first-footing, and general welcoming in of the New Year, say 1893. Next, as the midnight hour approaches, drinking of healths becomes frequent, and some are already intoxicated; the crowds become denser, the police are moving actively about regulating the traffic, which is fast becoming congested at this point, namely, the North and South Bridge Streets crossing the High Street at the "Tron". The public-houses are now closed, it is past eleven o'clock, the streets have become darker, the crowds very dense, and the hum of the voices louder and louder, when suddenly a great coloured light appears from some elevated point in the High Street. One after another of these coloured lights continue, then the bells or tubes of bronze of St. Giles now begin to ring for the midnight service, when, altogether, the scene is one of a most awe-inspiring nature. The eyes of the immense crowd are ever being turned towards the lighted clock-face of the "Auld and Faithfu" Tron, the hour approaches, the hands seem to stand still, but in one second more the hurrahing, the cheering, the hand-shaking, the health-drinking, the swaying to and fro of the immense throng, is all kept up as long as the clock continues to ring out the much-longed-for midnight hour. Many a one has there met and shaken hands for the first time and the last with the stranger, never to see or meet each other again. The crowds slowly disperse, the much intoxicated and helpless ones being hustled about a good deal, the police urging them on out of harm's way. The first-footers are off and away, flying in every direction through the city, singing, cheering, and shaking hands with all and sundry; "A gude New Year and mony o'


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 Rh them"; "A happy New Year and many returns"; "A guid New Year and a' the better than the last yin"; "A gude New Year tae you and yours, and may yere meal-poke ne'er be empy" (empty), and so forth, and so forth, according as the well-wisher or first-footer has learned in his or her own local district at such a time the New Year's good wishes.

The first-footing has thus begun in real earnest throughout the city, the windows of some of the houses are all ablaze with light, and, to add zest to all, away far up on the ramparts of the grand historical pile, the Castle, stand the band of the Highland Regiment therein stationed at that time; then shaking hands and wishing each other "A gude New Year", you hear the strains of "A guid New Year in Scotia yet", "For auld lang syne", "God save the Queen", and a final round of cheers, then all is still.

The old Scotch families who keep up the old customs encourage their domestics to come in and first-foot them for good luck in their home, wishing them "a lucky gude" New Year, generally accompanied with a gift of money or dress. Then again, grandparents are pleased to have their grandchildren first-foot them, and in many, many cases this rhyme was sung or said by the children visiting the old people:

which was accordingly done with great glee. The older children sometimes were given "ginger cordial", now called wine, with shortbread, currant loaf, scones, oat-cake, cheese, and sometimes an orange or an apple added, with of course the New Year's penny for "guid luck". This, then, was a child's first-footing to grannie. Then, in the case of the seniors, as before described, there was the nocturnal welcome, the love-making, the health-drinking, the


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 314 the dancing, the toozling, the "pairtin" (or leave-taking), and at last the "first-fittin is ower" (is over).

Then out on the streets all is bustle and commotion, hurrying to and fro of young people, cheering and singing, some drinking and health-toasting, every possible and conceivable portable musical instrument brought into play; cheer after cheer, chorus after chorus, rend the air of the early morn, and not until daylight sends them home do the streets of Edinburgh resume their usual wont and quiet; and thus all this stir, all this commotion, all this hubbub, over the old, old custom of "first-fittin", the first lucky foot to cross a threshold on the New Year's morn, and to be sure and not to go in "empty-handed" (without a gift), to some one, and especially the loved one, else bad or ill luck or poverty thereafter.

Since the passing of the Forbes MacKenzie Act, closing the public-houses at eleven o'clock, the increase of our police forces, the action of the Early Rechabites and total abstainers, in conjunction with temperance societies of every grade, and the evangelistic workers in all our churches, all uniting in one grand endeavour to stay the forces of the evil of intoxication at such a time as New Year, and now the inducements of recreation and amusements of every description instead, is fast bringing into disuse and distaste the "auld, auld custom of 'first-fittin' in Guid Auld Scotia".

G. HASTIE.


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title: User talk:86.8.210.140


text: Folk-Lore/Volume 4/First-footing in Edinburgh


text:
User talk:Rock drum

— billinghurst  sDrewth  17:03, 15 January 2011 (UTC)

title: User talk:Rock drum


text:
Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/323

 FIRST-FOOTING IN ABERDEENSHIRE.

IRST-FOOTING is still practised in some parts of this county on the morning of the New Year; but, as a rule, little, if any, importance is attached to the first-foot. It is generally engaged in merely for the "fun of the thing", and sometimes, perhaps, for the sake of the dram, which is generally offered and shared on those occasions, and which it would be unlucky to refuse. The drinking is, however, by no means a recent introduction. One of my informants, the Rev. Dr. Cock of Rathen, a parish in the north-east of the county of Aberdeen, where he succeeded his father as minister, tells me that about sixty years ago, when he was a boy, he recollects that spiced ale was generally carried by the first-foot, and shared with all whom he met, or at whose houses he visited. Readers of Chambers's Book of Days will find on page 28 of vol. i the recipe for the spiced ale, and an account of its use in Edinburgh by the first-foot on a similar occasion. The whisky-bottle has nowadays entirely superseded the more picturesque, but probably hardly less intoxicating wassail-kettle, mentioned by Chambers, though the reason which prompted the carrying of either on these first-footing visits was identical. Everywhere it seems to have been considered most important for luck in the coming year to the family on which he calls that the first-foot should not make his entry empty-handed. A whisky-bottle certainly met this requirement, inasmuch as it filled the bearer's hand; and even if its contents sometimes filled his head also, before he had gone his round, he and his bottle were still welcomed by the superstitious housewife, because they set her mind at rest about another


text:
United Nations Security Council Resolution 1944

Adopted by the Security Council at its 6399th meeting, on 14 October 2010

The Security Council,

Reaffirming its previous resolutions on Haiti, in particular its resolutions 1927 (2010), 1908 (2010), 1892 (2009), 1840 (2008) 1780 (2007), 1743 (2007), 1702 (2006), 1658 (2006), 1608 (2005), 1576 (2004) and 1542 (2004),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti,

Recognizing the significant devastation that has been suffered by the Government and people of Haiti, expressing concern regarding the new challenges and threats as a result of the earthquake of 12 January 2010, sharing the Secretary-General’s assessment that the earthquake has not destroyed the gains towards stabilization in the past few years but has created new obstacles as well as new opportunities, and stressing the need for MINUSTAH to continue to focus its work on ensuring Haiti’s security and stability as currently mandated by the Security Council, including in the context of the upcoming presidential and legislative elections,

Calling on the Government of Haiti and all the other relevant Haitian actors to ensure the holding of credible and legitimate presidential and legislative elections, due to be held on 28th November 2010, which will further consolidate democracy, allow for the completion of constitutional reform and contribute to the reconstruction process, and emphasizing the need to continue to promote participation of women in the electoral process,

Emphasizing that progress in the recovery and reconstruction of Haiti is crucial to achieving lasting stability and reiterating the need for security to be accompanied by social and economic development,

Stressing the leading role of the Government of Haiti in its post-disaster recovery and reconstruction process and underlining the necessity for increased coordination and complementary efforts among all United Nations actors and other relevant stakeholders in assisting the Government in this regard and welcoming the establishment of the Interim Haiti Recovery Commission and the Haiti Reconstruction Fund which play a central role in the medium and long-term reconstruction efforts in Haiti,

Welcoming the creation of the ad hoc Presidential Commission on Resettlement established to coordinate all stakeholders involved in the relocation and resettlement of internally displaced persons,

Calling on donors to fulfil without delay the pledges made at the International Donors’ Conference “Towards a New Future for Haiti” held on 31 March 2010, with a view to promptly producing tangible and visible reconstruction dividends,

Emphasizing the role of regional organizations in the ongoing process of stabilization and reconstruction of Haiti and calling on MINUSTAH to continue to work closely with regional and subregional organizations, international financial institutions and other stakeholders, in particular the Organization of the American States (OAS) and the Caribbean Community (CARICOM),

Acknowledging the continued support of the Organization of American States to modernize the Haitian voter registry and stressing the importance of updating the voter list following the devastation caused by the earthquake of 12 January 2010,

Recognizing the interconnected nature of the challenges in Haiti, reaffirming that sustainable progress on security, the rule of law and institutional reform, national reconciliation and development are mutually reinforcing, and welcoming the continuing efforts of the Government of Haiti and the international community to address these challenges,

Expressing its concern with the rise in the number of weapons in circulation, the increase in drug trafficking, and the security situation in camps for internally displaced persons and further expressing its concern over sexual and gender based crimes in Haiti,

Recognizing that strengthening national human rights institutions and respect for human rights, due process, combating criminality and sexual and gender based violence, and putting an end to impunity are essential to ensuring the rule of law and security in Haiti,

Commending the extraordinary efforts undertaken by the United Nations to respond to the earthquake, recognizing the critical role of MINUSTAH in ensuring stability and security in Haiti and also recognizing the complementary roles MINUSTAH and the United Nations Country Team have fulfilled to date in assisting Haiti in its recovery efforts, and reaffirming the authority of the Special Representative of the Secretary-General in the coordination and conduct of all activities of United Nations agencies, funds and programmes in Haiti,

Commending MINUSTAH for continuing to assist the Government of Haiti to ensure a secure and stable environment and expressing gratitude to the personnel of MINUSTAH and to their countries and paying tribute to those injured or killed in the line of duty,

Calling on the Government of Haiti, in coordination with the international community, to continue to advance security sector reform, in particular as called for in the Haitian National Police (HNP) Reform Plan adopted by the Government of Haiti,

Underlining the need to further strengthen Haitian judicial and correctional systems, in accordance with the national justice reform plan, including judicial institution modernization and improvement in the access to justice, including through the establishment of new legal aid offices,

Welcoming the efforts of the former President of the United States of America, William J. Clinton as United Nations Special Envoy for Haiti, to enhance the United Nations response to the earthquake, in both humanitarian and development operations as well as tracking aid pledges and disbursement of funds, liaising with the Interim Haiti Recovery Commission and the international financial institutions, working to ensure coherence across United Nations operations in Haiti, and contributing to better coordination among non-governmental organizations, in line with Haitian priorities,

Stressing the importance of a strong coordination among the office of the United Nations Special Envoy for Haiti and other United Nations entities and Member States, and stressing the need for coordination among all international actors on the ground,

Underlining the need for the implementation of highly effective and visible labour intensive projects that help create jobs and deliver basic social services,

Welcoming the Secretary-General’s report S/2010/446 of 1 September 2010,

Determining that the situation in Haiti continues to constitute a threat to international peace and security in the region, despite the progress achieved thus far,

Acting under Chapter VII of the Charter of the United Nations, as described in section 1 of operative paragraph 7 of resolution 1542 (2004),

1. Decides to extend the mandate of MINUSTAH as contained in its resolutions 1542 (2004), 1608 (2005), 1702 (2006), 1743 (2007), 1780 (2007), 1840 (2008), 1892 (2009), 1908 (2010) and 1927 (2010) until 15 October 2011, with the intention of further renewal;

2. Decides to maintain the current Mission overall force levels, which consists of a military component of up to 8940 troops of all ranks and of a police component of up to 4391 police and calls on the Secretary-General to conduct a comprehensive assessment of the security environment following the election and transfer of power to a new government in 2011, as contained in paragraph 56 of the Secretary-General’s report;

3. Recognizes the ownership and primary responsibility of the Government and the people of Haiti over all aspects of the country’s stabilization, welcomes the steps taken by MINUSTAH to provide logistical and technical expertise, within available means, to assist the Government of Haiti, as requested, to continue operations to build the capacity of its rule of law institutions at the national and local level, and to speed up the implementation of the government’s resettlement strategy for displaced persons, in the knowledge that such measures are temporary and will be phased out as Haitian capacity grows, and calls on the Mission to proceed swiftly with activities in this regard as recommended by the Secretary-General;

4. Recognizes that the successful holding of free, fair, inclusive and transparent presidential and legislative elections in accordance with the constitutional timetable is a key condition for the consolidation of a stable political environment in which recovery and reconstruction efforts can progress, reaffirms its call upon MINUSTAH to support the political process under way in Haiti, including through the good offices of the Special Representative of the Secretary-General, and encourages MINUSTAH to continue its support to the Haitian Government and to the Provisional Electoral Council, in the preparation and conduct of Haiti’s presidential and legislative elections and to coordinate international electoral assistance to Haiti in cooperation with other international stakeholders including the OAS and CARICOM;

5. Calls on all donors and international and Non-Governmental Organizations to coordinate their efforts and work closely with the Interim Haiti Recovery Commission in order to strengthen the capacity of the Government to fulfil the Action Plan for National Recovery and Development of Haiti;

6. Welcomes ongoing efforts by MINUSTAH to increase coordination with the Haitian National Police and to expand its assistance to border management efforts in order to deter illicit activities and calls on Haiti’s international and regional partners to intensify their assistance to the Government of Haiti in this regard, as requested;

7. Requests the United Nations country team, and calls upon all actors, to complement security and development operations undertaken by the Government of Haiti with the support of MINUSTAH with activities aimed at effectively improving the living conditions of the concerned populations, in particular women and children;

8. Requests MINUSTAH to continue to implement quick-impact projects that further enhance the trust of the Haitian population towards MINUSTAH;

9. Encourages the Haitian authorities to take full advantage of that support, notably in Enhancing Haitian National Police (HNP) capacity modernizing key legislation and in the implementation of the justice reform plan, to take the necessary steps, including nominations, that will allow superior judicial institutions to function adequately, and to address the issue of prolonged pretrial detentions and prison overcrowding, with special regard to children;

10. Calls on the Government of Haiti, with the support of MINUSTAH, to develop the next iteration of the HNP reform plan to ensure continuity upon the expiration of the current plan and the strategic plan of the National Prison Administration and encourages their implementation and requests MINUSTAH to continue to support vetting, mentoring, training of the police and corrections personnel and strengthening the institutional and operational capacities of the correctional services;

11. Welcomes the resumption of training of recruits for the Haitian National Police and stresses the importance of maintaining and increasing the international community’s support for capacity-building of the HNP;

12. Encourages MINUSTAH to continue assisting the Government of Haiti in providing adequate protection to the civilian population, with particular attention to the needs of internally displaced persons and other vulnerable groups, especially women and children, including through joint community policing in the camps, along with strengthened mechanisms to address sexual and gender-based violence;

13. Encourages also MINUSTAH to assist the Government in tackling the risk of a resurgence in gang violence, organized crime, drug trafficking and trafficking of children;

14. Strongly condemns the grave violations against children affected by armed violence, as well as widespread rape and other sexual abuse of women and girls, and calls upon the Government of Haiti, with the support of MINUSTAH and the United Nations country team, to continue to promote and protect the rights of women and children as set out in Security Council resolutions 1325 (2000), 1612 (2005), 1820 (2008), 1882 (2009), 1888 (2009), and 1889 (2009);

15. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse, and to keep the Council informed, and urges troop- and police-contributing countries to ensure that acts involving their personnel are properly investigated and punished;

16. Reaffirms MINUSTAH’s human rights mandate and calls on the Haitian authorities to continue their efforts to promote and protect human rights, and calls on MINUSTAH to continue to provide human rights training to the Haitian National Police and other relevant institutions, including the correctional services;

17. Welcomes the important work done by MINUSTAH in support of urgent needs in Haiti and encourages the Mission within its mandate to continue to make full use of existing means and capabilities, including its engineers, with a view to further enhancing stability in the country and requests MINUSTAH to develop its longer term planning with a view to encouraging a Haitian-led effort to further enhance stability in the country;

18. Requests MINUSTAH to continue to pursue its expanded community violence reduction approach, adapting the programme to the changing requirements of the post-earthquake Haitian context with a particular focus on the displaced and those living in violence-affected neighbourhoods;

19. Requests MINUSTAH to continue to support the Haitian authorities in their efforts to control the flow of small arms including labour-intensive projects, the development of a weapons registry, the revision of current laws on importation and possession of arms, reform of the weapons permit system and the development and implementation of a national community policing doctrine;

20. Underscores the importance that planning documents for the military and police components, such as the concept of operations and rules of engagement, be regularly updated, as appropriate, and be in line with the provisions of all its relevant resolutions, and requests the Secretary-General to report on them to the Security Council and troop- and police-contributing countries;

21. Requests the Secretary-General to report to the Council on the implementation of MINUSTAH’s mandate, semi-annually and not later than 45 days prior to its expiration;

22. Requests the Secretary-General to include in his reports a comprehensive assessment of threats to security in Haiti and give particular attention to the protective environment for all, in particular women and children, and on progress in the sustainable resettlement of displace persons, and to propose, as appropriate, options to reconfigure the composition of MINUSTAH;

23. Decides to remain seized of the matter.


text:
Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/324

316 practice, the neglect of which was considered most ominous of ill luck, and for the carrying out of which she was mainly responsible. This was the belief that nothing must be carried out of a house on the morning of the New Year till something had been brought in.

An informant in the parish of New Machar (Mr. Wm. Porter), tells me that his parents are still living, and that they can recollect that in the beginning of the present century it was customary to go out and bring grass and water into a house on New Year's morning, before anything was taken out. This was to ensure plenty of food for man and beast all the ensuing year. A Stonehaven correspondent informs me that a green sod is brought in and laid on the grate cheek. While in the Tarland district of Aberdeenshire, the Rev. Mr. Skinner tells me that there it used to be customary to bring water from the well and peats from the stack the moment the New Year came in. The fetching of water from the well—"creaming the well," as it was called—appears from replies to my inquiries in different parts of the county to have been almost universally the first thing done on New Year's Day morning. An early call by the first-foot and his whisky-bottle obviated much of this worry.

Sometimes, instead of a whisky-bottle, the first-foot carries shortbread, oatcakes, "sweeties", and last, but not least, sowens. For the information of such as are unacquainted with the delicacies of the Scotch menu, I may say that sowens is a concoction something like gruel, but is made from the dust of oatmeal, mixed with the husks of the corn, which are left to steep till they become sour. The carrying of sowens is not, however, so much a custom of the first-footing of the present New Year's Day as of a parallel procedure on the eve of Old Yule; nor are the sowens, like the whisky or spiced ale, for internal application only. The Rev. Mr. Michie of Dinnet writes me as follows: "The carrying of sowens on Old Yule was mainly a token of hospitality. In this part of the country


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Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/325

Rh those carrying it from house to house were generally a band of young folks of both sexes; they approached each house in turn (there was no first-foot among them), chanting this ditty:

If they were refused admittance, the door was liberally bespattered with sowens in revenge." And this is still practised in the district.

In some respects Mr. Michie's account differs from the other stories I have heard. All whom I have consulted do not agree that the sowens were sprinkled in revenge for non-admittance. For example, another correspondent, the Rev. Dr. Jamieson of Old Machar, whose experience of parish work extends over half a century, writes: "The practice of carrying sowens by the first-foot on the morning of Old Yule, to sprinkle on the doors of persons he wishes well to, was common enough." And he goes on to relate how, on one occasion, about fifty years ago, he went, as a young preacher, to a manse on the last day of the year (a Saturday), and was awakened after twelve o'clock by the offer from the servants of a bowl of sowens.

From Tarland and Fintray I get further confirmation of the carrying of sowens by the Old Yule first-foot. My Fintray informant tells me of how the aspersion was made: "The man gets a pail like what we use to water horses with. This he fills with sowens, and then having procured a brush, similar to those painters use for whitewashing walls, he goes round the houses of those he wishes well to, sprinkling doors and windows with the concoction."

Besides New Year's Day and Old Yule, there were other occasions when some attention was paid to the first person met, and omens drawn regarding the fortune, or misfortune, that would attend the enterprise the observer


text:
United Nations Security Council Resolution 1945

Adopted by the Security Council at its 6401st meeting, on 14 October 2010

The Security Council,

Recalling its previous resolutions and statements of its President concerning Sudan,

Reaffirming its commitment to the cause of peace throughout Sudan, to the sovereignty, independence, unity and territorial integrity of Sudan, to the full and timely implementation of the final phase of the Comprehensive Peace Agreement (CPA), including efforts to make unity attractive and a referendum to determine the future status of the people of Southern Sudan in exercise of their right to self-determination, and recalling the importance of the principles of good neighbourliness, non-interference and cooperation in the relations among States in the region,

Welcoming the communiqué issued after the high-level meeting on Sudan held in New York on 24 September 2010 (SG/2165),

Reiterating its full support for efforts to reach a comprehensive and inclusive solution to the conflict in Darfur, and bearing in mind the Darfur Peace Agreement, the need for the completion of the political process, and an end to the violence and abuses in Darfur,

Reiterating the need for a lasting political solution and sustained security in Darfur, and urging all parties that continue to abstain from the peace process to join the Doha negotiations without preconditions or further delays and for all parties to engage fully and constructively in the process and cooperate with the African Union/United Nations Joint Chief Mediator Djibril Bassolé,

Welcoming the 15 January 2010 agreement between the governments of Chad and Sudan to normalize their relations and strongly encouraging Chad and Sudan to continue to implement this agreement and refrain from supporting rebel forces and all other armed groups,

Noting with deep concern the increases in violence, and rising inter-tribal fighting, as well as ongoing sexual and gender-based violence and impunity, and reiterating its deep concern about attacks on humanitarian personnel and peacekeepers, the security of civilians, and calling on all parties in Darfur to cease offensive actions immediately and to refrain from further violent attacks causing consequent poor humanitarian aid situation and restricted humanitarian access to populations in need,

Demanding that the parties to the conflict exercise restraint and cease military action of all kind, including aerial bombardments,

Demanding an immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians in line with resolutions 1325 (2000), 1820 (2008), 1888 (2009), and 1889 (2009); recruitment and use of children in line with resolutions 1612 (2005) and 1882 (2009); and indiscriminate attacks on civilians in line with resolution 1894 (2009),

Commending the efforts of, and reiterating its full support for, the United Nations/African Union Hybrid Operation in Darfur (UNAMID), the African Union/United Nations Joint Chief Mediator, the United Nations Secretary-General, the League of Arab States, the African Union High Level Implementation Panel on Sudan, and the leaders of the region to promote peace and stability in Darfur, and expressing strong support for the political process under the African Union/United Nations-led mediation,

Welcoming the enhanced cooperation and information sharing between UNAMID and the Panel of Experts facilitated by the Department of Peacekeeping Operations’ guidelines and the decision of UNAMID to establish a focal point to facilitate information sharing with the Panel of Experts regarding the arms embargo,

Recalling the 2 July 2010 midterm report by the Panel of Experts appointed by the Secretary-General pursuant to paragraph 3 (b) of resolution 1591 (2005) and extended by subsequent resolutions, taking note of the Panel of Expert’s final report, and expressing its intent to study, through the Committee, the Panel’s recommendations and to consider appropriate next steps,

While noting some positive developments, expressing concern over the obstacles that have been imposed on the work of the Panel of Experts during the course of its last mandate, including to freedom of movement,

Emphasizing the need to respect the provisions of the Charter concerning privileges and immunities, and the Convention on the Privileges and Immunities of the United Nations, as applicable to United Nations operations and persons engaged in such operations,

Determining that the situation in Sudan continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to extend until 19 October 2011 the mandate of the Panel of Experts, originally appointed pursuant to resolution 1591 (2005) and previously extended by resolutions 1651 (2005), 1665 (2006), 1713 (2006), 1779 (2007), 1841 (2008), and 1891 (2009), and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible;

2. Recalls the Informal Working Group on General Issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22, and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms, including the Panel of Experts;

3. Requests the Panel of Experts to provide no later than 31 March 2011 a midterm briefing on its work and no later than 90 days after the adoption of this resolution an interim report to the Committee established pursuant to paragraph 3 (a) of resolution 1591 (2005) (hereinafter “the Committee”) and a final report no later than 30 days prior to termination of its mandate to the Council with its findings and recommendations;

4. Requests the Panel of Experts to coordinate its activities as appropriate with the operations of the United Nations/African Union Hybrid Operation in Darfur (UNAMID) and with international efforts to promote the political process in Darfur, and to assess in its interim and final reports progress towards reducing violations by all parties of the measures imposed by paragraphs 7 and 8 of resolution 1556 (2005) and paragraph 7 of resolution 1591 (2005), and progress towards removing impediments to the political process, threats to stability in Darfur and the region, violations of international humanitarian or human rights law or other atrocities, including sexual- and gender-based violence, and other violations of the above-mentioned resolutions;

5. Urges all States, relevant United Nations bodies, the African Union and other interested parties, to cooperate fully with the Committee and the Panel of Experts, in particular by supplying any information at their disposal on implementation of the measures imposed by resolution 1591 (2005) and resolution 1556 (2004);

6. Urges all States, in particular those in the region, to report to the Committee on the actions they have taken to implement measures imposed by resolutions 1591 (2005) and 1556 (2004), including imposition of targeted measures;

7. Reminds all States, particularly States in the region, of the obligations contained in resolutions 1591 (2005) and 1556 (2004), in particular those obligations relating to arms and related materiel;

8. Reiterates paragraph 7 of resolution 1591 (2005), which provides for exceptions to the measures imposed by paragraphs 7 and 8 of resolution 1556 (2004) for:

(a) supplies and related technical assistance listed in paragraph 9 of resolution 1556 (2004);

(b) assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement; or

(c) movements of military equipment and supplies into the Darfur region that are approved in advance by the Committee established under paragraph 3 (a) of resolution 1591 (2005) upon a request by the Government of Sudan;

9. Decides that all States, including Sudan, when relying on the exception contained in paragraph 7 of resolution 1591 (2005), shall notify the Committee in advance of providing assistance and supplies into the Darfur region in support of the implementation of the Comprehensive Peace Agreement in the states of North Darfur, South Darfur and West Darfur;

10. Decides that all States shall ensure that any sale or supply of arms and related materiel to Sudan not prohibited by 1556 (2005) and 1591 (2005), are made conditional upon the necessary end user documentation so that States may ascertain that any such sale or supply is conducted consistent with the measures imposed by those resolutions;

11. Expresses its intention, following the midterm report, to review the state of implementation, including obstacles to full and effective implementation of the measures, imposed in resolution 1591 (2005), with a view to ensuring full compliance;

12. Reaffirms the mandate of the Committee to encourage dialogue with interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures and further encourages the Committee to continue its dialogue with UNAMID;

13. Welcomes the Committee’s work, which has drawn on the reports of the Panel of Experts and taken advantage of the work done in other fora, to draw attention to the responsibilities of private sector actors in conflict affected areas;

14. Decides to remain actively seized of the matter.


text:
Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/326

318 was engaged on. These were: Going to or from a wedding; after the birth of a child; taking a child to church to be baptised; when "streckan" the plough in spring, i.e., taking the first yoking; when going fishing or fowling; generally when undertaking anything the success of which depended on luck.

In the case of weddings, I am informed that it was not unusual for the party to carry a whisky-bottle, and treat the first person they met. I have myself seen this done near Braemar, within the last twenty years, but, as far as I remember, everyone they met got a sip.

In carrying a child to be baptised I find it was once very general for the mother to carry bread and cheese or oatcake, wrapped up in the folds of the infant's dress, to give to the first-foot, partly with a view, no doubt, to propitiating him, and partly from the belief that lavishness on the part of the infant on this occasion would ensure his always having plenty through his life. Down near Coupar Angus, in Perthshire, I have heard of this christening custom having been practised by one family very recently, and as the mother was known to carry sweet biscuits in place of oatcake, the boys in the neighbourhood used to look forward to the baptisms of successive members of the family with much interest, and lie in ambush for the party, in order to obtain the good things.

My inquiry as to what persons or things are or were considered lucky or unlucky, as first-footers or to first-footers, has resulted in a somewhat long list. The following were considered lucky: Friends, neighbours, and all well-wishers; a kind man; a good man; a sweetheart; people who spread out their feet (Old Machar); those who were born with their feet foremost (Old Machar); a man on horseback; a man with a horse and cart; the minister (?); a hen.

One of the clearest cases of the luck considered to attend the meeting of a horse and cart comes to me from New Machar. On the 16th December 1841, the old lady to


text:
User:MDonly

MDonly Review

title: User:MDonly


text:
United Nations Security Council Resolution 1946

Adopted by the Security Council at its 6402nd meeting, on 15 October 2010 The Security Council,

Recalling its previous resolutions and the statements of its President relating to the situation in Côte d’Ivoire, in particular resolutions 1880 (2009), 1893 (2009), 1911 (2010) and 1933 (2010),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of good-neighbourliness, non-interference and regional cooperation, Taking note of the report of the Secretary-General dated 20 May 2010 (S/2010/245) and of the reports of the United Nations Group of Experts on Côte d’Ivoire dated 9 October 2009 (S/2009/521), 12 April 2010 (S/2010/179), Emphasizing the continued contribution to Côte d’Ivoire’s stability, in particular in the context of the planned presidential elections, of the measures imposed by resolutions 1572 (2004) and 1643 (2005) and stressing that these measures aim at supporting the peace process in Côte d’Ivoire,

Welcoming the conclusions of the last meeting of the Permanent Consultative Framework held in Ouagadougou on 21 September 2010 under the aegis of the Facilitator, President Blaise Compaoré of Burkina Faso, welcoming the establishment and the certification of the voters list, taking note of the commitments of the Ivorian stakeholders to hold the first round of the presidential elections on 31 October 2010 and urging them to ensure that elections take place as scheduled and complete this electoral process in open, free, fair and transparent conditions, within the timeframe fixed by the Independent Electoral Commission, Noting with concern, in spite of the sustained improvement of the overall human rights situation, the persistence of reported human rights and humanitarian law violations against civilians in different parts of the country, including acts of sexual violence, stressing that the perpetrators must be brought to justice, reiterating its firm condemnation of all violations of human rights and international humanitarian law in Côte d’Ivoire, and recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889 (2009) on women, peace and security, its resolutions 1612 (2005) and 1882 (2009) on children and armed conflict and its resolution 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflicts,

Determining that the situation in Côte d’Ivoire continues to pose a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to renew until 30 April 2011 the measures on arms and the financial and travel measures imposed by paragraphs 7 to 12 of resolution 1572 (2004) and the measures preventing the importation by any State of all rough diamonds from Côte d’Ivoire imposed by paragraph 6 of resolution 1643 (2005);

2. Decides to review the measures renewed in paragraph 1 above in light of the progress achieved in the electoral process and in the implementation of the key steps of the peace process, as referred to in resolution 1933 (2010), by the end of the period mentioned in paragraph 1, and decides further to carry out during the period mentioned in paragraph 1 above a review of the measures renewed in paragraph 1 above no later than three months after the holding of open, free, fair and transparent presidential elections in accordance with international standards, with a view to possibly modifying, lifting or maintaining the sanctions regime, in accordance with progress in the peace process;

3. Calls upon the Ivorian parties to the Ouagadougou Political Agreement and all States, in particular those in the subregion, to fully implement the measures renewed in paragraph 1 above, including as appropriate by taking the necessary rules and regulations and calls also upon the United Nations Operation in Côte d’Ivoire (UNOCI) to bring its full support within its capacities and mandate and further calls upon the French forces to support UNOCI in this regard, within the limits of their deployment and their capabilities;

4. Demands that the Ivorian parties to the Ouagadougou Political Agreement, in particular the Ivorian authorities, provide unhindered access particularly to the Group of Experts firstly established pursuant to paragraph 7 of resolution 1584 (2004), to equipment, sites and installations referred to in paragraph 2 (a) of resolution 1584 (2005), and to all weapons, ammunition and related materiel, regardless of location, when appropriate without notice and including those under the control of Republican Guard units, and demands further that they provide access under the same conditions to UNOCI in order to carry out its mandate and to the French forces which support it, as set out in its resolutions 1739 (2007), 1880 (2009) and 1933 (2010);

5. Decides, in line with paragraph 27 of resolution 1933 (2010) and in addition to the provisions of paragraph 8 of resolution 1572 (2004), that the arms embargo shall not apply to the supplies of non-lethal equipment intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order, as approved in advance by the Sanctions Committee;

6. Underlines that it is fully prepared to impose targeted measures against persons to be designated by the Committee in accordance with paragraphs 9, 11 and 14 of resolution 1572 (2004) who are determined to be, among other things:

(a) A threat to the peace and national reconciliation process in Côte d’Ivoire, in particular by blocking the implementation of the peace process, as referred to in the Ouagadougou Political Agreement; (b) Attacking or obstructing the action of UNOCI, of the French forces which support it, of the Special Representative of the Secretary-General, of the Facilitator, of his Special Representative in Côte d’Ivoire;

(c) Responsible for obstacles to the freedom of movement of UNOCI and of the French forces which support it;

(d) Responsible for serious violations of human rights and international humanitarian law committed in Côte d’Ivoire;

(e) Inciting publicly hatred and violence;

(f) Acting in violation of the measures imposed by paragraph 7 of resolution 1572 (2004);

7. Notes with concern UNOCI’s Media Monitoring reports and the media outlets referenced therein for inciting violence and a resumption of internal conflict and stresses that it remains ready to impose sanctions against those who obstruct the electoral process, specifically the action of the Independent Electoral Commission and all other operators involved, and the proclamation and certification of the results of the Presidential and Parliamentary elections;

8. Requests all States concerned, in particular those in the subregion, to cooperate fully with the Committee, and authorizes the Committee to request whatever further information it may consider necessary;

9. Decides to extend the mandate of the Group of Experts as set out in paragraph 7 of resolution 1727 (2006) until 30 April 2011 and requests the Secretary-General to take the necessary administrative measures;

10. Decides that the report referred to in paragraph 7 (e) of resolution 1727 (2006) may include, as appropriate, any information and recommendations relevant to the Committee’s possible additional designation of the individuals and entities described in paragraphs 9 and 11 of resolution 1572 (2004) and further recalls the Informal Working Group on General Issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22, and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms;

11. Requests the Group of Experts to submit a report as well as recommendations to the Security Council through the Committee 15 days before the end of its mandated period, on the implementation of the measures imposed by paragraphs 7, 9 and 11 of resolution 1572 (2004) and paragraph 6 of resolution 1643 (2005);

12. Requests the Secretary-General to communicate as appropriate to the Security Council, through the Committee, information gathered by UNOCI and, where possible, reviewed by the Group of Experts, concerning the supply of arms and related materiel to Côte d’Ivoire;

13. Requests also the French Government to communicate as appropriate to the Security Council, through the Committee, information gathered by the French forces and, where possible, reviewed by the Group of Experts, concerning the supply of arms and related materiel to Côte d’Ivoire;

14. Requests also the Kimberley Process to communicate as appropriate to the Security Council, through the Committee, information which, where possible, has been reviewed by the Group of Experts, concerning the production and illicit export of diamonds from Côte d’Ivoire and further decides to renew the exemptions set out by paragraph 16 and 17 of resolution 1893 (2009) with regards to the securing of samples of rough diamonds for scientific research purposes coordinated by the Kimberley Process;

15. Urges all States, relevant United Nations bodies and other organizations and interested parties, to cooperate fully with the Committee, the Group of Experts, UNOCI and the French forces, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 7, 9 and 11 of resolution 1572 (2004), paragraph 6 of resolution 1643 (2005) and reiterated in paragraph 1 above; further requests the group of experts to coordinate its activities as appropriate with all actors involved to promote the political process in Côte d’Ivoire;

16. Urges further in this context that all Ivorian parties and all States, particularly those in the region, ensure:

 * – the safety of the members of the Group of Experts;

 * – unhindered access by the Group of Experts, in particular to persons, documents and sites in order for the Group of Experts to execute its mandate;

17. Decides to remain actively seized of the matter.


text:
United Nations Security Council Resolution 1947

Adopted by the Security Council at its 6414th meeting, on 29 October 2010

The Security Council, Recalling resolution 1645 (2005) and in particular its paragraph 27, Reaffirming the importance of the peacebuilding work carried out by the United Nations, and the need for sustained support and adequate resources for this work,

Recognizing the role of the Peacebuilding Commission as a dedicated intergovernmental advisory body to address the needs of countries emerging from conflict towards sustainable peace,

1. Welcomes the report presented by the co-facilitators entitled “Review of the United Nations Peacebuilding Architecture”, as set out in document S/2010/393, which is based on extensive consultations with the United Nations membership and other stakeholders;

2. Requests all relevant United Nations actors to take forward, within their mandates and as appropriate, the recommendations of the report with the aim of further improving the effectiveness of the Peacebuilding Commission;

3. Recognizes that the peacebuilding work of the United Nations requires sustained support and adequate resources to meet the challenges; 4. Requests the Peacebuilding Commission to reflect in its annual reports progress made in taking forward the relevant recommendations of the report;

5. Calls for a further comprehensive review five years after the adoption of the present resolution following the procedure as set out in paragraph 27 of resolution 1645 (2005);

6. Decides to remain seized of the matter


text:
A Topographical Description of the State of Ohio, Indiana Territory, and Louisiana/Table Of Contents

Table of Contents
INDIAN NATIONS WEST OF THE MISSISSIPPI, TO THE ROCKY MOUNTAINS.]]
 * TITLE PAGE
 * PREFACE
 * A TOPOGRAPHICAL DESCRIPTION OF THE STATE OF OHIO
 * A TOPOGRAPHICAL DESCRIPTION OF THE INDIANA TERRITORY
 * A DESCRIPTION OF THE MISSISSIPPI RIVER
 * A TOPOGRAPHICAL DESCRIPTION OF RED RIVER
 * [[A_Topographical_Description_of_the_State_of_Ohio,_Indiana_Territory,_and_Louisiana/Indian_Nations|A CONCISE ACCOUNT OF THE
 * THE JOURNAL OF Mr. CHARLES LE RAYE
 * APPENDIX


text:
United Nations Security Council Resolution 1948

Adopted by the Security Council at its 6426th meeting, on 18 November 2010

The Security Council,

Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia and relevant statements of its President, including resolutions 1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1423 (2002) of 12 July 2002, 1491 (2003) of 11 July 2003, 1551 (2004) of 9 July 2004, 1575 (2004) of 22 November 2004, 1639 (2005) of 21 November 2005, 1722 (2006) of 21 November 2006, 1764 (2007) of 29 June 2007, 1785 (2007) of 21 November 2007, 1845 (2008) of 20 November 2008, 1869 (2009) of 25 March 2009, and 1895 (2009) of 18 November 2009, Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all States there within their internationally recognized borders,

Emphasizing its full support for the High Representative’s continued role in Bosnia and Herzegovina, Underlining its commitment to support the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the annexes thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the relevant decisions of the Peace Implementation Council (PIC), Recalling all the agreements concerning the status of forces referred to in appendix B to annex 1-A of the Peace Agreement, and reminding the parties of their obligation to continue to comply therewith,

Further recalling the provisions of its resolution 1551 (2004) concerning the provisional application of the status of forces agreements contained in appendix B to annex 1-A of the Peace Agreement,

Emphasizing its appreciation to the High Representative, the Commander and personnel of the multinational stabilization force (EUFOR), the Senior Military Representative and personnel of the NATO Headquarters Sarajevo, the Organization for Security and Cooperation in Europe (OSCE), the European Union (EU) and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,

Welcoming the adoption by the authorities of Bosnia and Herzegovina of a strategy for implementation of annex 7 of the Peace Agreement, focused on the strategy for the return of refugees, and emphasizing that a comprehensive and coordinated return of refugees and displaced persons throughout the region continues to be crucial to lasting peace, Recalling the declarations of the Ministerial meetings of the Peace Implementation Conference, Recognizing that full implementation of the Peace Agreement is not yet complete, while paying tribute to the achievements of the authorities at State and entity level in Bosnia and Herzegovina and of the international community in the fifteen years since the signing of the Peace Agreement, Emphasizing the importance of Bosnia and Herzegovina’s progress towards Euro-Atlantic integration on the basis of the Peace Agreement, while recognizing the importance of Bosnia and Herzegovina’s transition to a functional, reform-oriented, modern and democratic European country, Noting the reports of the High Representative, including his latest report of 21 October 2010, Determined to promote the peaceful resolution of the conflicts in accordance with the purposes and principles of the Charter of the United Nations,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President on 10 February 2000 (S/PRST/2000/4),

Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,

Welcoming the decision taken by EU Foreign Ministers on 25 January 2010 to start providing non-executive capacity-building and training support, within the framework of Operation Althea,

Welcoming the conclusions of EU Foreign Ministers on 25 October 2010, which confirmed the EU’s commitment to a continuing executive mandate for EUFOR to support Bosnia and Herzegovina’s efforts to maintain the safe and secure environment, under a renewed United Nations mandate as well as to the continuing provision of non-executive capacity-building and training support in order to contribute to strengthening local ownership and capacity, Recalling the letters between the European Union and NATO sent to the Security Council on 19 November 2004 on how those organizations will cooperate together in Bosnia and Herzegovina in which both organizations recognize that the EUFOR will have the main peace stabilization role under the military aspects of the Peace Agreement (S/2004/916; S/2004/915), Further recalling the confirmation by the Presidency of Bosnia and Herzegovina, on behalf of Bosnia and Herzegovina, including its constituent entities, of the arrangements for EUFOR and the NATO Headquarters presence (S/2004/917),

Welcoming the European Union’s increased engagement in Bosnia and Herzegovina and the continued engagement of NATO,

Reiterating once again its calls on the authorities in Bosnia and Herzegovina to implement in full their undertakings as also confirmed by the PIC Steering Board declaration of 30 June 2010, and recognizing in particular the need to find a solution on State and Defence Property,

Welcoming the increased turn-out and orderly conduct of the elections on 3 October, which have been generally in line with international standards and calling on the political leaders elected now to engage constructively in a political dialogue and form new governments that will address with urgency important policies and priorities,

Welcoming the EU’s decision on 8 November 2010 to grant visa-free entry to citizens of Bosnia and Herzegovina as a concrete step forward in the country’s path towards the EU,

Calling on all Bosnia and Herzegovina’s political leaders to refrain from divisive rhetoric and make further concrete and tangible progress towards EU integration, Determining that the situation in the region continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1.Reaffirms once again its support for the Peace Agreement, as well as for the Dayton Paris Agreement on implementing the Federation of Bosnia and Herzegovina of 10 November 1995 (S/1995/1021, annex) and calls upon the parties to comply strictly with their obligations under those Agreements;

2.Reiterates that the primary responsibility for the further successful implementation of the Peace Agreement lies with the authorities in Bosnia and Herzegovina themselves and that the continued willingness of the international community and major donors to assume the political, military and economic burden of implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia and Herzegovina in implementing the Peace Agreement and rebuilding a civil society, in particular in full cooperation with the International Tribunal for the Former Yugoslavia, in strengthening joint institutions, which foster the building of a fully functioning self-sustaining State, able to integrate itself into the European structures and in facilitating returns of refugees and displaced persons;

3.Reminds the parties once again that, in accordance with the Peace Agreement, they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, or which are otherwise authorized by the Security Council, including the International Tribunal for the Former Yugoslavia, as it carries out its responsibilities for dispensing justice impartially, and underlines that full cooperation by States and entities with the International Tribunal includes, inter alia, the surrender for trial or apprehension of all persons indicted by the Tribunal and provision of information to assist in Tribunal investigations; 4.Emphasizes its full support for the continued role of the High Representative in monitoring the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement, and reaffirms that under annex 10 of the Peace Agreement the High Representative is the final authority in theatre regarding the interpretation of civilian implementation of the Peace Agreement and that in case of dispute he may give his interpretation and make recommendations, and make binding decisions as he judges necessary on issues as elaborated by the Peace Implementation Council in Bonn on 9 and 10 December 1997;

5.Expresses its support for the declarations of the Ministerial meetings of the Peace Implementation Conference;

6.Reaffirms its intention to keep implementation of the Peace Agreement and the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 18 and 21 below, and any recommendations those reports might include, and its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;

7.Recalls the support of the authorities of Bosnia and Herzegovina for EUFOR and the continued NATO presence and their confirmation that both are the legal successors to SFOR for the fulfilment of their missions for the purposes of the Peace Agreement, its annexes and appendices and relevant United Nations Security Council resolutions and can take such actions as are required, including the use of force, to ensure compliance with annexes 1-A and 2 of the Peace Agreement and relevant United Nations Security Council resolutions;

8.Pays tribute to those Member States which participated in the multinational stabilization force (EUFOR), and in the continued NATO presence, established in accordance with its resolution 1575 (2004) and extended with its resolutions 1639 (2005), 1722 (2006), 1785 (2007), 1845 (2008), and 1895 (2009), and welcomes their willingness to assist the Parties to the Peace Agreement by continuing to deploy a multinational stabilization force (EUFOR) and by maintaining a continued NATO presence;

9.Welcomes the EU’s intention to maintain an EU military operation to Bosnia and Herzegovina from November 2010;

10.Authorizes the Member States acting through or in cooperation with the EU to establish for a further period of twelve months, starting from the date of the adoption of this resolution, a multinational stabilization force (EUFOR) as a legal successor to SFOR under unified command and control, which will fulfil its missions in relation to the implementation of annex 1-A and annex 2 of the Peace Agreement in cooperation with the NATO Headquarters presence in accordance with the arrangements agreed between NATO and the EU as communicated to the Security Council in their letters of 19 November 2004, which recognize that EUFOR will have the main peace stabilization role under the military aspects of the Peace Agreement;

11.Welcomes the decision of NATO to continue to maintain a presence in Bosnia and Herzegovina in the form of a NATO Headquarters in order to continue to assist in implementing the Peace Agreement in conjunction with EUFOR and authorizes the Member States acting through or in cooperation with NATO to continue to maintain a NATO Headquarters as a legal successor to SFOR under unified command and control, which will fulfil its missions in relation to the implementation of annex 1-A and annex 2 of the Peace Agreement in cooperation with EUFOR in accordance with the arrangements agreed between NATO and the EU as communicated to the Security Council in their letters of 19 November 2004, which recognize that EUFOR will have the main peace stabilization role under the military aspects of the Peace Agreement;

12.Reaffirms that the Peace Agreement and the provisions of its previous relevant resolutions shall apply to and in respect of both EUFOR and the NATO presence as they have applied to and in respect of SFOR and that therefore references in the Peace Agreement, in particular in annex 1-A and its appendices, and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall be read as applying, as appropriate, to the NATO presence, EUFOR, the European Union and the Political and Security Committee and Council of the European Union respectively;

13.Expresses its intention to consider the terms of further authorization as necessary in the light of developments in the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina;

14.Authorizes the Member States acting under paragraphs 10 and 11 above to take all necessary measures to effect the implementation of and to ensure compliance with annexes 1-A and 2 of the Peace Agreement, stresses that the parties shall continue to be held equally responsible for the compliance with that annex and shall be equally subject to such enforcement action by EUFOR and the NATO presence as may be necessary to ensure implementation of those annexes and the protection of EUFOR and the NATO presence;

15.Authorizes Member States to take all necessary measures, at the request of either EUFOR or the NATO Headquarters, in defence of the EUFOR or NATO presence respectively, and to assist both organizations in carrying out their missions, and recognizes the right of both EUFOR and the NATO presence to take all necessary measures to defend themselves from attack or threat of attack;

16.Authorizes the Member States acting under paragraphs 10 and 11 above, in accordance with annex 1-A of the Peace Agreement, to take all necessary measures to ensure compliance with the rules and procedures governing command and control of airspace over Bosnia and Herzegovina with respect to all civilian and military air traffic;

17.Demands that the parties respect the security and freedom of movement of EUFOR, the NATO presence, and other international personnel;

18.Requests the Member States acting through or in cooperation with the EU and the Member States acting through or in cooperation with NATO to report to the Council on the activity of EUFOR and NATO Headquarters presence respectively, through the appropriate channels and at least at three-monthly intervals;

19.Invites all States, in particular those in the region, to continue to provide appropriate support and facilities, including transit facilities, for the Member States acting under paragraphs 10 and 11 above;

20.Reiterates its appreciation for the deployment by the EU of its Police Mission (EUPM) to Bosnia and Herzegovina since 1 January 2003;

21.Also requests the Secretary-General to continue to submit to the Council reports from the High Representative, in accordance with annex 10 of the Peace Agreement and the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation Conferences, on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement;

22.Decides to remain seized of the matter.


text:
Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/327

Rh whom I am indebted for the information had just been married, and, when proceeding along with her husband to her new home, met a man with a horse and cart in a narrow part of the road. The man apologised for not turning his horse and cart at once, and accompanying the party a short distance, as was the custom, because the narrowness of the road prevented his so doing, but the moment he came to a suitable spot he turned and followed them part of the way home. That the minister should be a lucky first-foot is perhaps to be expected in Scotland, but certainly the priest is by no means universally regarded in this light. Among the Greek Women of Turkey, p. 151, Miss Garnett mentions that it is considered most unlucky to meet a priest. She couples him with a funeral and a hare! And Mr. Rodd fully confirms this on p. 157 of his Custom and Lore of Modern Greece. The instances communicated to me illustrative of the contrary view held in Aberdeenshire regarding the minister, both occurred in the parish of Old Machar to the present incumbent. On one occasion, he tells me, he happened to be the first-foot when a farmer was flitting to a new farm, and he had to turn and go part of the way with the ménage. On another occasion he was compelled by the salmon-fishers at the Bridge of Don to accompany them in their boat when they made their next shot, for precisely the same reason. Against that we must set the superstition current among fishermen, on the Kincardine coast at any rate, that it is unlucky to name the minister at sea. He is then spoken of as "The lad wi' the black coat." The catalogue of lucky persons or objects is small compared with the list of unlucky ones. The business with which I am connected employs a large number of women as power-loom weavers. The majority of them are young, but there are one or two old women who have been in the service of the firm, for a long time. I am told that one of these is considered most unlucky and some of the other weavers, if they meet her going