Journal of the Myanmar Academy of Arts and Science Contents

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Journal of the Myanmar Academy of Arts and Science
Vol. XI, No.10
Contents
Section (i) Psychology
Sr. No.
1
2
3
Title
Page
Than Aung Htwe, Testing the Dimensionality of Global Self- 1
Esteem and Evaluating Negative-Item Effect
Tin Aung Moe, Construction of Hydraulic Networks by Pyu 23
Engineers in Ancient Sriketra
Lu Htoi, Learning Styles of University Students in Arts and
35
Science
Section (ii) Education
4
Johnny than, An Investigation into the Effectiveness of Using
Diagrammatic Representations in Teaching the Classification
of World* Climate
49
5
Aye Yu Mon, An Investigation into the Effects of Direct
Instruction and Indirect Instruction on the Improvement of the
Writing Skills in Grade Eight Myanmar
71
6
Ma Kyi Swe, The Inquiry-based Learning Performance Model 87
in Support of Students’ Science Learning
Cherry Tun, A Study of the Impact of Mathematics Anxiety
119
on Students’ Achievement in Basic Education Middle Schools
7
Section (iii) Law
8
Thi Thi Lwin, Legal Aspect of Polygamy under Myanmar 143
Customary Law
9
Hnin Hnin Saw Hla Maung , Study on the Interpretation of
article 31 of the Refugee Convention: Illegal Entry
10
Sapae Kyi Maung, Practices of Consumer Protection in 179
ASEAN Countries
161
Section (iv) Economics
11
Khine Tin Zar Lwin, Learning, Firm Performance and 211
Environmental Dynamism: A Study of Private Manufacturing
Firms in Yangon
Sr. No.
Title
Page
12
Kyaw Swa Myint, A Study on Corruption Control Systems In 235
Selected Countries
13
May Mon Zaw, A Study on Patient Safety Programs in Health 251
Admistration
Moe Moe Khaing, Than Thuzar, The Externality of Solid267
Waste-Reclying Small Businesses.
14
Jour. Myan. Acad. Arts & Sc. 2013 Vol. XI. No. 10
Testing the Dimensionality of Global Self-Esteem and
Evaluating Negative-Item Effect *
Than Aung Htwe
Abstract
This study examined the factor structure of the Myanmar adaptation of
Rosenberg Self-Esteem Scale and method effects associated with using
positively and negatively worded items. Ten-item RSES-Myanmar
adaptation and 14-item depression scale were administered to a sample of
320 Myanmar adolescents and young adult students. Confirmatory Factor
Analysis (CFA) was used to evaluate several competing models of global
self-esteem. The results of this study, consistent with previous studies
conducted in Western and Chinese cultures, confirmed that the RSES was a
unidimensional construct that was contaminated by method effects
associated with positively and negatively worded items. It was also found
that positively phrased items were more susceptible to response biases. This
study provided insight into how wording effects distort the factor structure
of a research questionnaire and how they attenuate theoretical relationship
between two variables. The implications from these findings for Myanmar
psychological research society were offered.
Key words: Global self-esteem, Negative item effects, RSES
Introduction
The tendency for participants to respond to rating items independent of
the content of the items represents a source of systematic measurement error
and is usually referred to as response set, response bias, or the method or halo
effect (Marsh, 1996). The practice of including both positively and negatively
worded items in rating scales used in personality, social psychology and other
areas of psychology has been advocated for many years in order to disrupt a
variety of response set bias (Nunnally, 1978; Pedazur & Schmelkin, 1991)
such as acquiescence, i.e., the tendency to agree with items independent of
item content and nonacquiescence, i.e., the tendency to disagree with item
independent of item content (AERA, APA, & NCME, 1999).
Negatively worded items are included to act as “cognitive bumps that require
respondents to engage in more controlled, as opposed to automatic, cognitive
processing” (Podsakoff, MacKenzie, Lee, & Podsakoff, 2003). It is usually
recommended to word approximately half of the items positively and half
Lecturer, Department of Psychology, Pathein University
* Best Paper Award Winning Paper in Psychology,(2012)
2
negatively to minimize response bias. The practice of including negatively
worked items is based on two crucial assumptions. First, the items worded in
opposite ways are measuring the same underlying construct. Second,
respondents are able to reply to positively and negatively worded items
equivalently (Marsh, 1996; Chen, Rendina-Gobioff, & Dedrick, 2010). Many
psychometric analyses of questionnaires suggested that the practice of using
positively and negatively phrased items may introduce systematic
measurement errors that distort analyses and interpretation of results (Marsh,
1996) such as reducing score reliability and making unidimensional constructs
appear multidimensional (Chen, Rendina-Gobioff, & Dedrick, 2010).
The Rosenberg Self-Esteem Scale (RSES: Rosenberg, 1965) has been
the focus of several studies of negative-item effect. The RSES is one of the
most widely-used measures of assessing Global Self-Esteem (GSE), the
evaluative component of an individual’s self-concept, which is used as an
outcome measure, as an intervening variable, and as a basis for testing
theoretical models about how individuals process, select, and integrate
information about themselves (Marsh, 1996). GSE has been a useful construct
in our understanding of a wide variety of social psychological phenomena
(Corwyn, 2000).
Rosenberg (1965) views GSE a one-dimensional concept that reflects
a positive or negative orientation toward the self that transcends evaluations of
specific areas of functioning. Thus, GSE is one-dimensional construct that is
best measured by items tapping an overall assessment of self-worth. However,
the dimensionality of the RSES, has been the subject of a substantively
important debate. A few exploratory factor analyses (EFAs) have supported
the idea of a single GSE factor using the RSES data, but most studies have
reported a two-factor solution (Corwyn, 2000)
Several alternative interpretations of the model of GSE were proposed
from the RSES data, including the two-factor model of Positive and Negative
Self-esteem (Carmines & Zeller, 1974), the two-factor model of selfderogation and defense of individual (Kaplan & Pokorny, 1969), the twofactor model of general evaluation of oneself and transient self-evaluations
(Kaufman et al., 1991), and the three-factor model of self-positive, selfnegative, and social comparison (Rosenberg & Simmons, 1971). On the other
hand, some researchers interpreted the two factors consistently found from
EFA results of the RSES as method effects resulting from item phrasing.
Recently, researcher using confirmatory factor analysis (CFA) to
evaluate response set bias have posited several alternative measurement
3
models of GSE measures including correlated traits- correlated uniqueness
(CTCU) models, correlated traits- correlated methods models (CTCM), and
multitrait-multimethod (MTMM) models (Marsh, 1996; Corwyn, 2000; Chen,
Rendina-Gobioff, & Dedrick, 2010). These studies from both western and
Chinese cultures concluded that GSE is a unidimensional construct that is
contaminated with item wording effects.
The Present Study
Negative-item effect inherent in psychological rating scales used in
Myanmar culture was introduced by Than Aung Htwe (2012) in his factoranalytic studies of the Myanmar adaptation of ego identity process
questionnaire. Negatively and positively stated items that tap two conceptual
dimensions of exploration and commitment emerged as two factors which
were not substantively meaningful, reflecting positive and negative item
wording methods. In other words, positively worded items from both
exploration and commitment scales loaded most highly on one scale, whereas
negatively worded items clustered together on the other scale. He also found
small magnitudes of correlations (<.20) between positive and negative item
aggregates in the questionnaire suggesting that the assumptions underlying
using negatively worded items were not tenable among Myanmar adolescents.
Recently, researchers have recommended applying CFA to examine
item wording effects to overcome the weaknesses of EFA and delineated the
usefulness of CFA approach in the investigation of wording effect and other
related issues in psychological measurement and research. Marsh (1996)
suggested that the method effects are likely to bias correlations between
measures of the same construct administered on two different occasions and
correlations with other psychological constructs that are also measured with
positively and negatively worded items.
The current study adopted the usefulness of applying CFA to detect
method effects and to investigate how they distort analyses and interpretation
of research results. Despite numerous studies were designed to explore the
method effect intriguing with the dimensionality of a rating scale, very few
focused on these possible effects that may attenuate the relationship between
two variables.
A large body of empirical evidence suggested that self-esteem was a
strong predictor for depression and depression is basically a condition of low
self-esteem. Anxiety, neurotic symptoms, suicide, violence, and aggression,
all of these, are most frequently caused by low self-esteem (Campbell, 1984).
The Depression Anxiety Stress Scales (DASS) developed by Lovibond and
4
Lovibond (1995) was proved to be a reliable and valid method of assessing
features of depression, anxiety, and tension-stress, and an excellent instrument
for measuring features of depression, hyperarousal, and tension in clinical and
nonclinical groups. Investigation of how wording effects distort the factor
structure of a research questionnaire containing the depression scale of the
DASS and the RSES- Myanmar translations which include both positively and
negatively worded items and of how these effects attenuate the theoretical
relationship between self-esteem and depression will be useful to have broader
understanding of item wording effects.
Summing up, the present study was purported to evaluate if the
method effects are present in the Rosenberg Self-Esteem Scale (RSES)Myanmar adaptation. The second purpose of the present study was to examine
if method effects distort the factor structure of research questionnaire
containing two measurement instruments of distinct theoretical constructs.
The third purpose of this study is intended to investigate how the relationship
between two variables is attenuated by method effect in a research
questionnaire, particularly containing Myanmar adaptations of RSES and
DASS depression scales.
Method
Participants
A convenience sample of 320 Dagon University students was recruited
to participate. In this study, of all respondents, 244 (76.3%) were females and
76 (23.8%) males. Their age ranged from 17 to 24 years. The mean age of
participants was 19.05 with an SD of 1.12. In the present study, 285 (89.1%)
participants were Buddhists, 19 (5.9%) Christian, and 16 (5%) practiced in
Islam. Out of 320 respondents, 29 participants (9.1%) were over 20 years of
age.
Instruments
Ten-item Rosenberg Self-Esteem Scale (RSES) developed by
Rosenberg (1965) and 14-item depression scale of Depression Anxiety Stress
Scales (DASS) developed by Lovibond and Lovibond (1995) were translated
to Myanmar language by the researcher using the English-Myanmar
dictionary published by Myanmar Language Association and Oxford
Advanced Learner’s dictionary of English (10th addition) by A.S. Hornby.
Initial Myanmar translation of a negatively worded RSES item (I wish
I could have more respect for myself) seemed to be literally-translated and
5
ambiguous, and thus item wording was slightly modified in accordance with
Myanmar culture. Readability and clarity of item wordings and conceptual
and semantic equivalence between original and Myanmar-translated items
were also reviewed by two lecturers of psychology and professor and head of
the department of psychology, Dagon University, was asked to comment on
any item that he found ambiguous or difficult to understand. This query did
not reveal any major changes that needed to be made to any of the items.
Questionnaire items were worded to accommodate the use of a 5-point scale
ranging from (1) "strongly disagree" to (5) "strongly agree." for the RSES and
(1) “never” to (5)”most of the time” for DASS Depression items. The RSESMyanmar adaptation comprised of 5 positively stated items and 5 negatively
worded items. All items of depression scale were positively worded. Scoring
was reversed for negatively worked items.
Data Collection Procedure
Permission for data collection was requested to respective professors
and departmental heads of Dagon University. Questionnaire surveys were
conducted during class time. Instructions for completing the questionnaire
were clearly read aloud to the participants before the research questionnaires
were distributed to them. The data collectors who are teaching staffs from
department of psychology, Dagon University carefully administered the
research questionnaire in order to obtain independent responses from each
student.
Statistical Analysis
Seven measurement models of the RSES were examined using
LISREL 8 program developed by Jöreskorg and Sörbom (1996) (See Model
1-7 in Figure 1). Model 1 consisted of a global self-esteem factor without
method effects. Model 2 contained two correlated factors – positive and
negative self-esteem. Model 3 contained a global self-esteem with correlated
uniqueness underlying negatively worded items whereas Model 4 contained a
global self-esteem with correlated uniqueness underlying positively worded
items. Model 5 and 6 added negative and positive item wording method
factors with all negatively and positively worded items respectively. Model 7
was a multitrait-multimethod model with factors associated with both
negatively and positively worded items.
6
Results
Descriptive Statistics
Table 1 provides descriptive statistics for the items and summary
scores for the RSES-Myanmar adaptation. Means and standard deviations for
the composite of the five negatively worded items were 3.29 and 1.265,
respectively and 3.80 and 1.051 for the composite of the five positively
worded items. Item means of positively worded items seemed to be
consistently higher than those of negatively worded items, except for item No.
2 of negative item scale.
EFA Results
A principal component analysis (PCA) followed by varimax rotation
was conducted to examine the factor structure of the RSES and depression
scales included in the research questionnaire. Table 2 reports the PCA results
of the questionnaire.
Six factors were extracted by Kaiser-Guttman criterion
(eigenvalue>1.00). A noticeable break after the third eigenvalue suggested
that three-factor solution was the most plausible (the first eigenvalue was
5.253, the second, 1.788, the third,1.633, the fourth, 1.231, the fifth, 1.130,
and the sixth, 1.015). Table 2 lists the varimax-rotated three-factor structure of
the RSES and DASS depression. As indicated in the table, the first factor was
mostly loaded with depression scale items and two negatively worded GSE
items; the second factor mostly loaded with negatively worded GSE items and
some depression scale items; the third factor represented positive self-esteem
and was mostly loaded with positively worded
RSES items.
7
GSE
P1
P2
P3
P4
P5
N1
N2
N3
N4
N5
MODEL 1
POS
P1
P2
P3
NEG
P4
P5
N1
MODEL 2
N2
N3
N4
N5
8
GSE
P1
P2
P3
P4
P5
N1
N3
N2
N4
N5
MODEL 3
GSE
P1
P2
P3
P4
P5
N1
N2
N3
N4
N5
MODEL 4
GSE
P1
P2
P3
P4
P5
N1
N3
N2
NEG
MODEL 5
N4
N5
9
GSE
P1
P2
P3
P4
P5
N1
N3
N2
N4
N5
MODEL 6
MTMM
P1
P2
P3
P4
P5
N1
N3
N2
N4
N5
NEG
POS
MODEL 7
Figure 1- Models for the Rosenberg Self-Esteem Scale- Myanmar
Adaptation
Model 1: One-factor GSE ; Model 2: Two-factor GSE (Positive and negative
GSE) ;Model 3: One-factor GSE with correlated error for negatively stated
items ; Model 4: One-factor GSE with correlated error for positively stated
items; Model 5: One-factor GSE with negative wording factor; Model 6:
One-factor GSE with positive wording factor; Model 7: One-factor GSE with
both positive and negative method factors
10
Table 1- Descriptive statistics of the RSES- Myanmar adaptation
Item content
M
SD
SK
KU
P1 I feel that I have a number of qualities 3.86
.884
-.888
.838
N1 I wish I could have more respect for
myself
3.13
1.282 -.122
-1.196
P2 I am able to do things as well as most
other people
4.16
.860
-1.317 2.236
N2 All in all I am inclined to feel that I am
a failure
4.35
1.081 -1.796 2.360
P3 I feel that I am a person of worth, at least on
an equal plane with others
4.23
1.024 -1.563 2.098
N3 I certainly feel useless at times
2.86
1.375 .246
-1.289
P4 On the whole, I am satisfied with myself 3.43
1.297 -.484
-.907
N4 I feel that I do not have much to be
proud of
2.90
1.227 .104
-1.065
P5 I take a positive attitude toward myself 3.35
1.192 -.308
-.827
N5 At times I think I am no good at all
3.22
1.325 -.138
-1.259
Positive
3.80
1.05
-.911
.687
Negative
3.29
1.26
-.341
-.490
Cronbach Alpha
Positive
.51
Negative
.52
Global
.61
Note. M = Mean, SD = Standard deviation, SK = Skewness, KU = Kurtosis
11
Table 2- Three-factor structure of the RSES and depression (DASS) scales
Item
Component
1
2
P1 I feel that I have a number of qualities
.671
N1 I wish I could have more respect for myself
-.315
P2 I am able to do things as well as most other people
N2 All in all I am inclined to feel that I am a failure
.509
-.485
P3 I feel that I am a person of worth, at least on an equal plane with others
N3 I certainly feel useless at times
3
.484
-.347
P4 On the whole, I am satisfied with myself
-.354
-.394
.488
N4 I feel that I do not have much to be proud of
.289
P5 I take a positive attitude toward myself
.582
N5 At times I think I am no good at all
-.376
D1 I could see nothing to be hopeful about
.539
D2 I felt that life was meaningless
.584
.338
D3 I felt that I had nothing to look forward to
.505
.352
D4 I felt I was pretty worthless
.484
D5 I felt that life wasn't worthwhile
.641
D6 I was unable to become enthusiastic about anything
.489
D7 I felt I wasn't worth much as a person
.520
D8 I felt I had lost interest in just about everything
.553
D9 I couldn't seem to experience any positive feeling at all
.593
D10 I felt down-hearted and blue
-.301
.762
D11 I couldn't seem to get any enjoyment out of the things I did
.356
D12 I felt sad and depressed
.328
.736
D13 I found it difficult to work up the initiative to do things
.430
D14 I just couldn't seem to get going
.661
% of variance
21.89
.327
7.45
6.80
Note: Factor loading <.25 are not reported
CFA Results: Model 1-7
Seven alternative models were compared to determine the best fitting
model using multiple fit indices including the chi-square statistic, comparative
fit index (CFI), root mean square error of approximation (RMSEA), and
standardized root mean square residual (SRMR), and Tucker-Lewis index
(TLI). Values of RMSEA less than .05 indicate a good fit, and values as high
as .08 represent a reasonable fit Values of SRMR less than .05 indicate a good
fit. Values of CFI and TLI >.90 indicate an acceptable fit to the data (Byrne,
12
1998). Besides, substantive issues such as the interpretability of the parameter
estimates were also considered. Table 3 presents goodness-of-fit indices for
the GSE models.
Table 3- Goodness-of-fit indices for the GSE models
Model
Null
1
2
3
4
5
6
7
χ 2 df
379.83
130.42
91.07
71.89
59.28
84.98
77.66
44.18
45
35
34
25
25
30
30
24
RMSEA
SRMR CFI
TLI
.000
.092
.073
.077
.066
.076
.071
.051
.000
.071
.059
.054
.047
.058
.054
.039
.000
.65
.78
.74
.81
.75
.78
.88
.000
.73
.83
.86
.89
.83
.85
.94
As indicated in the table, the estimation of Model 1 consisting of one
factor model of GSE was resulted the poorest fit ( χ 2 =130.42, df=35;
RMSEA=.092; SRMR=.071; CFI=.73; TLI=.65). Previous research has well
documented that the single factor model has consistently unable to fit the data
(Marsh, 1996; Corwyn, 2000; Chen, Rendina-Gobioff, & Dedrick, 2010).
Standardized factor loadings ranged from .28 (negative item 5) to .41. Model
2 consisting of Positive and Negative self-esteem also did not fit well. In
addition, relatively high correlation between two factors indicated that these
two factors did not represent separate orthogonal factors.
Model 3 through Model 7 which included method effects showed
improved model fit than did the models (Model 1 and 2) without method
effects. Model 4 with correlated uniqueness among positively worded items fit
better than Model 3 with correlated uniqueness among negatively worded
items. Similarly, Model 6 with positive method factor showed better fit than
Model 5 with negative factor.
In the estimation of Model 3 and 4 with correlated uniqueness among
items, the error covariances among positively worded items ranged from -.02
to .27. They ranged from .08 to .21 among negatively worded items. The
magnitudes of error covariances among positively worded items were found to
be consistently higher than those of error covariances among negatively
worded items. The largest modification indices found in the estimation of
Model 3 through Model 6 suggested to add error covariance between negative
item 2 and positive item 3.
13
Model 7 which included both positive and negative method factor
showed the better fit than any other models and model-data fit was considered
acceptable ( χ 2 =44.18, df=24; RMSEA=.051; SRMR=.039; CFI=.94;
TLI=.88). However, examination of standardized loadings of the items found
that negative item 2 and positive item 3 loaded negatively on GSE, suggesting
that the model also needed to be modified. The means of these items were
4.35 with an SD of 1.08 and 4.23 with an SD of 1.02, respectively. These
items were found to be highly negatively skewed.
Revised Models of the RSES-Myanmar Adaptation
Measurement models of the RSES were revised by the deletion of
negatively worded item 2 and positive item 3 from the analysis. Model 3
through Model 7 with method effects were compared again. Goodness-of-fit
indices of revised models are outlined in Table 4.
Table 4- Goodness-of- fit indices of the revised measurement models of RSES
Model chi-square
df
RMSEA
SRMR CFI
TLI
Null
245.31
CMPOS 31.69
CMNEG 44.05
CUPOS 21.30
CUNEG 35.83
MTMM 23.65
28
16
16
14
14
12
.000
.055
.074
.040
.070
.055
.000
.042
.049
.033
.044
.037
.00
.88
.87
.93
.79
.87
.00
.92
.77
.97
.90
.95
Note: CMPOS = model with positive method effect, CMNEG = model with negative method
effect, CUPOS = model with correlated uniqueness among positive items, CUNEG = model
with correlated uniqueness among negative items, MTMM = model with both positive and
negative method effects
As mentioned in the table, revised CUPOS model was found to be the
best fitting model over other models, followed by MTMM model.
Structural Relation between the RSES and DASS Depression
Fourteen items included in Myanmar adaptation of DASS depression
scale were randomly selected to form five indicators for testing the structural
relation between GSE and depression, instead of using individual items. This
procedure was done according to the recommendations of structural equation
modeling (SEM) experts, e.g, Pedazur (1997) who suggested that using too
many indicators in a SEM analysis make it difficult to fit a model to data and
it is preferable to use a relatively small number of good indicators than using a
relatively large number of poor ones. CUPOS model of RSES was used as
14
baseline model in subsequent analyses of the relationship between GSE and
depression.
To explore whether method effects could also contaminate the factor
structure of the depression scale in addition to the RSES, comparison was
needed to be made between the factor structure of depression with method
effect and that of depression without method effect. The initial estimation of
GSE and depression models did not reach satisfactory fit. Thus, the models
were modified according to the recommendation of the modification indices.
The error of the DI5 and some GSE indicators were highly correlated in both
models. Therefore, the DI5 indicator was dropped. Figure 2 depicts
comparison of revised structural models of RSES and depression with and
without method effects. The results of these models of the RSES and DASS
Depression yielded a good fit. Table 5 lists the goodness-of-fit results.
As shown in Table 5, the revised structural model of RSES and
depression with method effects provided better fit than that without method
effects ( ∆χ 2 = 22.03, df=6). The difference in chi-square between two
models was 22.03. The critical chi-square value with 6 df was 16.812 at p =
.01. Therefore, the difference between the two models was significant at p <
.01. The chi-square difference test suggested that method effects seemed to be
inherent not only in the RSES but also in the entire questionnaire.
Table 5- Goodness-of- fit indices of the revised models of RSES and
Depression with and without method effects
Model chi-square df
RMSEA SRMR CFI TLI
Null
883.91
66
.000
Depression without method effects
Model 8 91.16
47
.054
Depression with method effects
Model 9 69.13
41
.046
.000
.042
.038
r*
r2
.00
.00 .00
.00
.94
.92 -.76
.58
.94
.44
. 96
-.66
* correlations between latent variables of GSE and depression
To understand how method effects attenuate the relation between GSE
and depression, zero-order correlations among raw scores of the variables of
revised 8-item GSE and 12-item depression were estimated. Table 6 reports
the results.
By using latent variables or factor in testing a causal model, the effects
of random measurement errors, which tend to attenuate the measures of
association, are removed from the analysis. As a result, the LISREL program
15
provides less biased estimates of structural coefficients or correlations than do
procedures that are based on measured or manifest variables (Brooke, Russell,
& Price, 1988).
t can be clearly seen in Table 6 that zero-order correlation between raw
scores of GSE and depression without method effects was found to be
underestimated compared to correlation coefficients (path coefficients)
estimated by latent structural relation model with method effects (See Table
5). The resulting coefficient of correlation (r=-.473, r2 = .224) from the raw
score data can be interpreted that only 22.40% (r2=.224) of total variance in
depression was accounted for by GSE.
P1
P2
DI1
P4
DI2
P5
GSE
DPR
N1
DI3
N3
DI4
N4
N5
MODEL 8
Model 8: Structural model of GSE and Depression without correlated errors
16
P1
P2
DI1
P4
DI2
P5
GSE
DPR
N1
DI3
N3
DI4
N4
MODEL 9
N5
Model 9: Structural model of GSE and Depression with correlated errors
Figure 2 - Comparison of Revised Structural Models of RSES and
Depression with and without Method Effects
Table 6-Relationships between self-esteem variables and depression
Variable
SGSE
PGSE
NGSE
DPR
(1)
(2)
(3)
(4)
1
_
2
.762
_
3
.851
.308
_
4
-.473
-.259
-.484
_
SGSE = Single factor GSE raw scores without method effects; PGSE = Positive self-esteem
raw scores; NGSE = Negative self-esteem raw scores; DPR = Depression raw scores
On the other hand, the resulting correlation between latent variables of
GSE and Depression with method effects (Model 9) (r=-.660, r2 = .440) can
be interpreted in the same way that 44% of the total variance in depression
was explained by GSE. The resulting path coefficient of Model 8 (See Table
5) was found to be -.760 (r2 = .580) suggested that 58% of total variance in
depression was accounted for by GSE. These three different possible
17
interpretations may seriously affect the theoretical significance of the role of
GSE on depression.
Therefore, method effects appeared to attenuate the relationship
between two variables. As mentioned in Table 6, the magnitude of correlation
between positive and negative item aggregates was found to be relatively
lower than it should (r=.308). Marsh (1996) suggested that these correlations
between positive and negative scales should reach .80s on the assumption that
the two item aggregates measure the same underlying construct.
Discussion
In this study, evaluation of seven competing models of global selfesteem underlying the RSES-Myanmar adaptation via CFA approach
supported the presence of method effects associated with the positively and
negatively worded items. The initial measurement models of the RSES with
correlated errors for positively stated items and those with multimethod factor
provided the better fit. Model 3 through Model 7 which included method
effects showed improved model fit than did the models (Model 1 and 2)
without method effects. Model 4 with correlated uniqueness among positively
worded items fit better than Model 3 with correlated uniqueness among
negatively worded items. Similarly, Model 6 with positive method factor
showed better fit than Model 5 with negative factor. Comparisons of the
revised measurement models also turned out that model with correlated errors
among positively worded items provided the best fit.
Inconsistent with Corwyn (2000) and Chen et al. (2010)’s studies, it
was found in this study that positively worded items were more susceptible to
response biases than did the reverse-coded items for Myanmar adolescents
and young adults. In these two cited previous studies, the researchers found
that the models with negative factor and those with correlated uniqueness
among negatively worded items did fit better than the models with positive
item wording factor and those with correlated uniqueness among positively
worded items.
However, Chen et al. used a sample of third and sixth graders whereas
Corwyn analyzed data from several samples of adolescents and adults with
varied age range. In the present study, a relatively homogeneous sample of
adolescent and young adult students ranged in age from 17 to 24 years old
from Dagon University was employed to examine the method effects.
Descriptive analyses of the data in this study revealed that item means of
positively worded items seemed to be consistently higher than those of
negatively worded items, except for the item, N2.
18
On the other hand, the findings from this study was supported by
Samuelstuen (2003)’s study which revealed significant method effects
associated with positively worded items. Two hundred and seventy one
fifteen-year-old Norwegian tenth graders were participated in Samuelstuen’s
study. Thus, different sample characteristics, particularly respondent age, may
account for the findings of different patterns of method effects between the
current study and two prior studies cited above conducted in other cultures.
Chen et al. (2010) stated that elementary-aged children may not
understand that they can indicate agreement by disagreeing with a negative
statement and indicate disagreement by agreeing with a negative statement.
Similarly, Marsh (1986) also demonstrated that younger children and children
with low verbal ability found difficulty interpreting appropriately to
negatively keyed items.
On the other hand, Samuelstuen (2003) concluded that the adolescent
students do not respond randomly, especially on the positively worded items
and that the students’ scale scores captured systematic variance due to a
tendency of yeah-saying. Samuelstuen also argued that method effects cannot
be limited to only negatively keyed items. Schaffer and Riordan (2003)
reported that there is a greater tendency in the Asian people to provide
cautious responses to rating scale items thanks to collectivistic cultural norms
while individualists usually provide responses that endorse individual
expressiveness. In this study, the scores of the respondents seemed to be
affected by a tendency to provide cautious responses in the form of impression
management in making self-evaluations about themselves.
The magnitude of correlation between positive and negative item
aggregates of the RSES- Myanmar version was found to be relatively lower
than it should. The validity of the assumption underlying using positive and
negative items was not tenable. Marsh (1996) recommended that if test
constructor chooses to use negatively worded items and to score them it may
be necessary to use CFA approaches to evaluate the psychometric properties
of responses to the rating scale. Marsh’s (1986) Self Description
Questionnaire I (SDQI) includes both negatively and positively worded items
designed to disrupt response biases, but does not include the negative items in
scoring because of empirical evidence that young children have difficulty in
responding appropriately to the negatively worded items.
However, method effects may not be limited to only reverse-scored
items. Respondents’ characteristics such as respondent age, verbal ability, and
other cultural factors such as provision of cautious responses found in the
Asian cultures seemed to play a role for the presence of either negative or
19
positive item effects possibly inherent in psychological rating scales. Further
considerations are needed for positive item effects as those found in the
present study.
It was also found in this study that method effects seemed to be
inherent not only in the RSES but also in the entire questionnaire for the
model of GSE and depression with method effects (Model 9) provided better
fit than that without method effects (Model 8) significantly.
Method effects appeared to attenuate the relationship between two
variables. Analysis of the magnitudes of correlations between GSE and
depression estimated from raw data and latent structural models facilitated
different interpretations of theoretical relationship that may seriously affect
the theoretical and practical significance of the role of self-esteem on
depression. Procedures based on raw scores (measured or manifest variables)
underestimated the strength of relationship between GSE and depression
compared to less biased estimates of latent structural coefficients or
correlations provided by LISREL program. The relationship between these
two variables was overestimated by GSE and depression model without
method effect (Model 8) compared to that with method effect (Model 9).
Conclusions
The results of the current study provided further evidence that the
unidimensional latent model of global self-esteem based on Rosenberg’s
(1965) scale could be generalized to Myanmar adolescent and young adult
students and that the dimensionality of RSES-Myanmar adaptation was also
contaminated by method effects associated with positively and negatively
phrased items.
In this study, positively worded items were more susceptible to
response biases than did the reverse-coded items.
The findings from this study also demonstrated that method effects
may not only be limited to individual scales contained in a research
questionnaire but also be inherent in entire questionnaire. EFA results of the
Myanmar adaptations of RSES and DASS Depression scales revealed
distorted three-factor structure of these scales reflecting positive and negative
item phrasing.
The findings from this study revealed that method effects appeared to
attenuate the relationship between two variables. Analysis of the magnitudes
of correlations between GSE and depression estimated from measured
variables (raw data) and latent structural models made it possible for different
20
interpretations, seriously affecting the theoretical and practical significance of
the role of self-esteem on depression.
Implications
American Psychological Association (APA) provided standards for
educational and psychological testing for both test users and test developers
(AERA, APA, & NCME, 1999). Validity is the first issue that should be
considered in every inferences made from test scores. There are, in practice,
two principal approaches to find construct validity evidence of psychological
tests: factor analysis and multitrait- multimethod. Factor analysis is the
primary tool among the two approaches most researchers rely on because the
latter is not feasible to apply in many situations.
However, the conventional use of both positively and negatively
phrased items distorts data analysis results and interpretations, especially EFA
results. A researcher may find difficulty testing dimensionality of his/her
instruments in such context. The present study well demonstrated how method
effects distort the factor structure of the scales contained in a research
questionnaire.
Researchers, as suggested by Marsh (1996), who use rating scale
consisting of both positively and negatively worked items need to be aware of
this potential source of method effects in their results and the possibility of
these effects should be evaluated.
This study adopted CFA approach to overcome the shortcomings of
EFA and applied methodology which provides practical means of evaluating
these method effects and that of theory testing, particularly for Myanmar
psychological research society.
The present study also offered important implications particularly for
researchers in Myanmar psychological research society that confirmatory
factor analysis and structural equation modeling can explicitly be used to
model these method effects to ensure unbiased estimates and appropriate
statistical inferences about the relations between psychological constructs.
Direction for Future Research
Although this study well demonstrated the cross-cultural
generalizability of method effects in Myanmar culture, the use of relatively
homogeneous, convenience sample of Dagon University students may limit
the external validity of study findings. Thus, replication of findings should be
21
warranted with a large representative sample of Myanmar adolescents and
adults.
Another important issue about the RSES in Myanmar culture is its
measurement invariance. Investigation of measurement invariance of GSE
across different Myanmar sample characteristics is still needed for practical
and research purposes.
Both positive and negative item effects were found in several studies.
However, research is still needed to understand how the type of response bias
is related to respondents’ characteristics and their cultures. Finally, crosscultural generalizability of the RSES and method effect with other emic
measures should also be carried out.
Acknowledgement
I would like to express my first and foremost gratitude to Prof. Dr. Nyunt Phay,
rector of University of Pathein, Prof. Dr. Than Soe, pro-rector of University of Pathein, and
Dr. Myint Maw Oo, Professor/Head of the Department of Psychology, University of Pathein,
for allowing me to prepare this research paper. Many thanks go to U Aye Kyaw,
Professor/Head of the Department of Psychology, Dagon University, for his support for data
collection and sincere guidance for doing this study. My colleague, U Naing Win, Lecturer of
Department of Psychology, Dagon University, is deserved my thanks for his great help in
collecting data. Last but certainly not least, my heartfelt thanks are directed to Prof. Dr.
Djamari Merdapi, Director of Graduate Program, National University of Yogyakarta, for his
excellent lectures on SEM.
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and Science, Vol. X., No.10, 177-191.
Human Values and Their Effects on Environmental Obligation and
Pro-environmental Behaviour in Myanmar
Tin Aung Moe
Abstract
The purpose of the present study was to investigate the effects of human
values on environmental obligation and pro-environmental behavior in
Myanmar. The study starts with the construction of Human Values Scale,
and then examines their effects on environmental obligation and proenvironmental behavior. A total of 324 individuals from diverse cultures
were participated as a sample. The results show that Human Values Scale
has a good factor structure and adequate internal consistency reliability
estimates. The correlations suggest that Biospheric value was more related
to environmental obligation and pro-environmental behavior than the other
two egoistic and altruistic values. The regression analyses also indicate that
only biospheric values significantly influences on environmental obligation
and pro-environmental behavior. Biospheric value only is occurred as a
predictor. Since the previous studies showed that factors such as value
orientation, environmental belief, and norms have been shown to influence
specific and general pro-environmental behavior, the impact of
environmental obligation on pro-environmental behavior was also
examined. The present finding is consistent with the past results by proving
that personal obligation to environment is a predictor of pro-environmental
behavior in Myanmar sample.
Key words: Human Values, Environmental Obligation, Pro-environmental
Behaviour
Introduction
There is an increasing awareness that the natural environment is being
harmed by human actions. Environmental problems are viewed by many as
caused by maladaptive human behaviour (Kyi Kyi Hla, 2010; Maloney &
Ward, 1973). In addition, the collected data suggest that high percentages of
people around the world believe that environmental problems are among the
most important social problems of the day (Dunlap, 1991). Solving these
problems require changes in mind and behavior. Psychology, as the science of
behavior, therefore, can have an important role in the amelioration of these
problems, and it is important to study the factors that influence environmental
behavior. In the past decades, many scholars have emphasized the importance
of studying relationships between human values and environmental behavior
(Dunlap, Grieneeks, and Rokeach, 1983; Naess, 1989). Various studies have
Assistant Lecturer, Department of Psychology, Yangon University
24
attempted to identify values that provide a basis for environmental attitudes
and behavior (Stern, Dietz, Abel, Guagnano, and Kalof, 1999).Values are
considered to be important because they are general in nature and therefore
may affect various beliefs and behaviours simultaneously (Rohan, 2000;
Rokeach, 1973). However, it has been argued that environmental problems are
largely ingrained into the traditional values, attitudes, and beliefs of a given
society. According to Johnson, Bowker, and Cordell (2004), different
populations with specific social practices and cultural traits are likely to hold
different values on and attitudes toward nature or the environment. Therefore,
an empirical study of values and environmental attitudes for one culture is of
particular importance. A few studies, however, have yet been empirically
conducted to examine the correlations among human values, personal
obligation to environment and pro-environmental behavior in Myanmar. Thus,
the main purpose of the study was to develop a human value scale and to
investigate the effects of human values on environmental obligation and proenvironmental behavior in Myanmar.
Human Values, Environmental Obligation, and Pro-environmental
Behaviour
Relationships between values, behavior-specific beliefs, and
environmental behavior have been studied extensively in social and
environmental psychology (Corraliza and Berenguer, 2000: Garling, Fujii,
Garling, and Jakobsson, 2003).Schwartz (1992, 1994) defined a value “a
desirable transsituational goal varying in importance, which serves as a
guiding principle in the life of a person or other social entity” (1992, p.21).
The total number of values that people possess is relatively small. Therefore,
relative to other antecedents of behavior, values provide an economically
efficient instrument for describing and explaining similarities and differences
between persons, groups, nations, and cultures (Rokeach, 1973).
A number of studies concerning values in environmental research are
based on Schwartz’s Value Theory (1992, 1994). Schwartz proposes a general
classification of 56 or 57 values. The importance of these values may differ
across persons and cultures, but the structure of these values is believed to be
universal. Indeed, studies conducted in different countries and cultures reveal
that these values may be categorized into two dimensions (Schwartz et al.,
2001). The first dimension is openness to change versus conservatism and the
second one is self-transcendent versus self-enhancement values. Openness to
change is described by values of self-direction, stimulation, and hedonism,
25
while conservatism is defined by values of tradition, conformity, and security.
Self-transcendent is characterized by values of universalism and benevolence.
Finally, self-enhancement is defined by values of power and achievement.
Research shows that especially self-transcendent (altruistic or
biospheric) versus self-enhancement (egoistic) dimension is related to
different types of environmental beliefs and behaviours, because
environmental behavior often involves a conflict between immediate
individual gains and long-term collective interests (Nordlund and Garvill,
2002). Most of the studies have shown that people with a dominating selftranscendent value orientations have stronger pro-environmental beliefs and
are more likely to engage in pro-environmental behavior than people who
strongly prefer self-enhancement values (Bardi and Schwartz, 2003; Garling
et al., 2003; Nordlund and Garvill, 2002; Stern and Dietz, 1994).
Values typically influence environmental behavior indirectly, via
behavior-specific beliefs, attitudes, and norms (Garling et al., 2003; Nordlund
and Garvill, 2002). Personal norms (sometimes called personal obligation) in
particular seem important in this respect. Personal norms refer to feelings of
moral obligations to behave pro-environmentally (Garling et al., 2003;
Nordlund and Garvill, 2002; Stern, 2000). Nordlund and Garvill (2003) found
that self-transcendent values were positively related to personal norms toward
willingness to reduce car use. Moreover, personal norms mediated the effects
of values on willingness to reduce car use.
Environmental obligation, like personal norms, can be defined as an
individual’s sense of obligation to protect environmental deterioration in
general, or specific environmental problems. Van Liere and Dunlap (1978)
found a strong relationship between environmental obligation and behavior
that negatively affects the quality of the environment. Hines et al.’s (1987)
meta-analysis indicated that those individuals who assume some type of
environmental obligation more often behave environmentally responsible than
those who do not assume such a responsibility.
Many scholars have argued that the self-transcendent value orientation
includes both altruistic and biospheric values. Stern (2000) proposed that three
different value orientations may affect environmental beliefs and behavior,
namely, an egoistic (values focusing on maximizing individual outcomes), a
social-altruistic (values reflecting concern for the welfare of others), and a
biospheric value orientations (values emphasizing the environment and
biosphere). Research showed that the biospheric value orientation was most
26
strongly and positively correlated with Environmental obligation in Europe
(Groot and Steg, 2007). Environmental obligation was also positively related
to altruistic value orientation, but negatively with the egoistic value
orientation.
Environmental Issues and Conservation in Myanmar
The history of environmental conservation in Myanmar dates from the
last dynasty of Myanmar kings, who protected the teak forests and
sanctuaries, established by King Mindon in 1860 (Khin Maung Nyunt, 2003;
Thin Thin Latt, 2006). However, there was no central coordinating body for
environmental matters before the creation of the National Commission for
Environmental Affairs (NCEA) in 1990. This action followed the introduction
of a market-oriented economic policy in 1988, when the need for central
institution to safeguard environmental interests quickly became clear. The
NCEA comes under the Ministry of Foreign Affairs and coordinates the work
of various other ministries and departments. It includes four committees with
separate responsibilities for the conservation of natural resources, the control
of pollution, research education and information, and international
cooperation. National Environmental Policy adopted in 1994 emphasizes “the
responsibilities of the State and every citizen to preserve its natural resources
in the interest of present and future generations,” and states that
“environmental protection should always be the primary objective in seeking
development.” The NCEA has since been working to raise public awareness
of environmental issues by organizing workshops, seminars, and conferences
among government officials, and using mass media to carry its message to the
people.
The best effort to establish a blueprint for sustainable development is
the NCEA’s initiation of Myanmar Agenda 21(based on Global Agenda 21) in
1997. Although Agenda 21 aims specifically at bringing environmental factors
to bear on governmental policy making, it has the more general objective of
making environmental awareness part of the daily lives of all citizens.
Through public education programs, the Myanmar people seem to have
become more and more aware of the environmental value.
Indeed, “little is known about the environmental issue, attitudes,
education and conservation in Myanmar” (Tin Aung Moe, 2006). Recently,
Myanmar like some Asian neighbours badly felt the full impact of the world
ecological imbalance caused by global warming and climate change on 3rd-4th
May, 2008, when parts of Yangon and Ayeyarwaddy Divisions were battered
27
by the Cyclone Nargis causing many death and destruction (Kyi Kyi Hla,
2010). Again, more recently some parts of the Rakhine State also suffered
many damages and losses by hitting Cyclone Giri on 22nd -23rd October, 2010.
As a result, Myanmar learnt that it is the time to emphasize the interests of this
crucial environmental conservation and sustainable development although its
natural environment has not yet reached the dimensions of deterioration as in
developed countries. In Myanmar, however, there is still lacking necessary
empirical research concerned with environmental beliefs, values, obligations,
attitudes and behavior. The present research attempts to fill this necessary gap
by studying the relationships among the values of the people in Myanmar,
personal obligation to environment, and pro-environmental behavior.
Aim of the Study
This study aims to develop a Human Values Scale and examine the
impact of human values on environmental obligation and pro-environmental
behaviour in Myanmar. In line with previous research findings, the following
two hypotheses were constructed:
Hypothesis 1: There will be relationships among three human values,
environmental obligation, and pro-environmental behavior in Myanmar.
Hypothesis 2: Altruistic and biospheric values will be influence on personal
obligation to environment and pro-environmental behavior in Myanmar.
Method
Participants
A total of 324 individuals from Yangon, Mandalay, and Sittwe (Male
104 and Female 220) were participated in the current study. Their mean age
was 27.20 (SD 5.40) years.
Materials
A set of questionnaires contained Human Values Scale, Environmental
Obligation and Pro-environmental Behaviour Questionnaire.
Human Values Scale: this scale, based on data derived approach, was
specifically developed for the present study. It consisted of 14 items. After
necessary exploratory factor analysis was performed, 13 items were retained
for three factor structure: Egoistic Values (5 items), Altruistic Values (4
Items), and Biospheric Values (4 items). It is a 7 point Likert scale ranging
28
from 1(strongly disagree) to 7 (strongly agree). The participants need to
indicate their extent of disagree or agree towards the items. The coefficient
Alpha for Egoistic Values was .79 and .70 and .71 were for Altruistic and
Biospheric values, respectively (see Table 1).
Environmental Obligation: In order to measure personal obligation to
environment, 4 questions were self-constructed. An exploratory principal
component analysis, however, as well as reliability analysis was performed to
improve the questionnaire. As shown in Table 1, a reliable composite measure
of environmental obligation was possible to construct from the four questions.
The coefficient Alpha for environmental obligation was .61.
Pro-environmental Behaviour: To measure Pro-environmental Behaviour, 3
questions were also self-constructed. An exploratory principal component
analysis, however, as well as reliability analysis was performed to improve the
questionnaire. As shown in Table 1, a reliable composite measure of Proenvironmental Behaviour was possible to construct from the three questions.
The coefficient Alpha for Pro-environmental Behaviour was .69.
Procedure
Data were collected between October 2011 and August 2012 and the
participants were informed that all responses were confidential.
Results
Descriptive Statistics
Means, Standard Deviation, and Reliability Coefficients of the Scale
and Questionnaires used in the present study were described in Table 1.
Table 1: Mean, SD, and Reliability Estimates of the Scales and Questionnaires
Variables
Mean
SD
α
1. Egoistic Value
5.70
.93
.80
2. Altruistic Value
5.64
.88
.70
3. BiosphericValue
5.55
.84
.71
4. Environmental Obligation
5.63
.77
.61
5. Pro-environmental Behaviour
5.22
.92
.69
N= 324
29
As shown in Table 1, the sample of this study gave the highest scores
on Egoistic value, and each of the reliability coefficients was acceptable.
Correlations
Correlations among the variables of the scale and questionnaires used
in this study were computed to mainly assess the relationships among human
values, environmental obligation, and pro-environmental behavior. The results
were shown in Table 2.
Table 2: Correlations among the Variables
Variables
1
2
3
4
1.Egoistic Value
1
2.Altruistic Value
.652*
1
3.Biospheric Value
.442*
.568*
1
4.Environmental
Obligation
.167*
.276*
.375*
1
5.Pro-environmental
Behaviour
.216*
.259*
.374*
.486* 1
5
Note: N=324; *p< .01
The results showed that the significantly relationships among three
dimensions of human values, environmental obligation, and proenvironmental behavior. Specifically, Egoistic value was positive significantly
related to personal obligation to environment (r=.167, p<.01) and proenvironmental behavior (r=.216, p<.01), although the amount of correlated
degree were small. Altruistic value was also significantly associated with both
environmental obligation (r=.276, p<.01) and pro-environmental behavior
(r=.259, p<.01), respectively. Biospheric value was strongly significantly
related to personal obligation to environment (r=.375, p<.01) and proenvironmental behavior (r=.374, p<.01). Moreover, it was found that there
was a significantly relationship between personal obligation to environment
and pro-environmental behavior (r=.486, p<.01).
Regression Analyses
In order to examine the effects of human values on environmental
obligation and pro-environmental behavior, regression analyses were
30
separately conducted. The human values that emerged as significant predictors
were described in table 3 with bold words.
Biospheric value (β=.322, t=5.13, p<.01) was strongly positive
predictor for the Environmental obligation as assumed. The other two Egoistic
and Altruistic values, but, were not predicted to this environmental obligation.
For the pro-environmental behavior, only Biospheric value (β=.335, t=5.33,
p<.01) was positive predictor, but Altruistic (β=.069, t=1.09) was not
predicted. Again, Biospheric value was appeared as a strongest positive
predictor of pro-environmental behavior. It was also found that environmental
obligation was as a strong predictor of pro-environmental behavior (β=.486,
t=9.98, p<.01).
Table 3: Regression Analyses
Dependent Factors
Predictors
β
t
R2
Environmental
Obligation
Altruistic Value
.093
1.49
.15
Biospheric Value
.322
5.13*
Altruistic Value
.069
1.09
Biospheric Value
.335
5.33*
Environmental
Obligation
.486
9.98*
Pro-environmental
Behaviour
.14
.24
Note: N= 324; *p < .01
Discussion
The results of the present study strongly support the previous
conceptual model among human values, personal obligation to environment,
and pro-environmental behavior as proposed in Hypotheses.
The correlations suggested reliable relationships among human values,
personal obligation to environment, and pro-environmental behavior. As there
was a significant relationship between three dimensions of human values and
personal obligation to environment and pro-environmental behavior, the
present finding in Myanmar supported to Hypothesis 1. Particularly,
Biospheric value was more related to environmental obligation and proenvironmental behavior than the other two egoistic and altruistic values. It
means that the people who emphasized biospheric value have high personal
obligation to protect the environment from some threatening and there were
31
more engage in pro-environmental behavior. The results of the relationship
between environmental obligation and pro-environmental behavior also
showed that the individuals who had high personal obligation to keep the
nature good were more participating in environmental conservation and
protection activities. The result is consistent with previous findings from other
cultures.
The regression analyses highlighted human values that explain most of
the variance in environmental obligation and pro-environmental behavior.
With regard to hypothesis 2, the present finding partially supported it by
showing biospheric values was positive predictor. Specifically, Biospheric
value was only a positive strongest predictor for environmental obligation,
although assumed that both Altruistic and Biospheric values as the predictors.
It may be due to the fact that Myanmar samples seem to assume that Altruistic
value orientation may be concerned with humanitarian but not for
environment. Again, only Biospheric value was positive strong predictor for
pro-environmental behavior as hypothesized. The present result of the
Myanmar sample is consistent with the past findings that Biospheric value
orientations seem more important when it comes to explaining beliefs
regarding car use compared to altruistic value orientations. The more people
were altruistically oriented, the more they intended to donate to humanitarian
organizations, and the more people valued the biosphere and environment, the
more they preferred to donate the environmental movements. The regression
analyses also suggested that environmental obligation was as a strong
predictor of pro-environmental behavior. The individuals who had high
personal obligation to protect the environment were more participating in
environmental conservation and protection activities.
Some limitations, like any other studies, exist in this study. The first
limitation is the use of small group of people from three diverse cultures as a
sample. The results obtained from small group of sample cannot be
generalized to the rest populations of Myanmar. The second limitation is that
the uses of small questions for personal obligation to environment (4 items)
and pro-environmental behavior (3 items ).The third and the last limitation is
that as this study only used a self-reported method for collecting data about
human values, personal obligation to environment and pro-environmental
behavior, the results may be influenced by response bias.
32
Conclusions
The main purpose of the present study was to examine the effects of
human values on environmental obligation and pro-environmental behavior in
Myanmar. The findings well supported to the predictions and hypotheses
proposed in this research. The correlations suggested reliable relationships
among human values, personal obligation to environment, and proenvironmental behavior. The regression analyses also highlighted human
values that explain most of the variance in environmental obligation and proenvironmental behavior. The present results, again, suggested that proenvironmental behaviour was based on biospheric value orientations rather
than on self-directed values in Myanmar. The findings of the current research,
therefore, will be applicable and beneficial for future environmental research.
Acknowledgements
I would like to thank Professor Ohbuchi Ken-ichi from Tohoku University of
Japan and Professor Daw Khin Aye Win (Retired) from Yangon University for their kind
support and encouragement. Then, I would also like to thank to Professor Dr. Aung Myat
Kyaw Sein from Yangon University and Professor U Aye Kyaw from Dagon University for
their help. Next, I am indebted to all participants involved in this study. Finally, I wish to
express special thanks to my family for their kind support.
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Learning Styles of University Students in Arts and Science
Lu Htoi
Abstract
This study explored the learning styles of university students in arts and
science. The Visual, Auditory, Kinesthetic, Tactile Learning Style
Questionnaire (VAKT-LSQ) was used to measure learning styles of
university students in arts and science. It consists of 24 statements and asks
participants to respond to each statement concerning his or her learning
style preferences with five alternative responses. The participants for this
study were 510 university students in arts, and 400 university students in
science at the Universities of Arts and Science in Yangon. The paired
sample t-test was employed to determine whether there are differences in
learning style preferences of university students in arts and science. The
research found that “Tactile”, “Kinesthetic” and “Auditory” were the most
preferred learning styles of the university students in arts; and “Tactile” and
“Auditory” were the dominant learning styles of the university students in
science. The analysis of learning styles indicates that while there were no
differences in the preferences of “Visual”, “Auditory” and “Tactile”
learning styles between the university students in arts and science; there was
a significant difference in the preference of “Kinesthetic” learning style
between the university students in arts and science and that “Kinesthetic”
style was more preferred by the arts students than the science students.
Key Words: Auditory, Kinesthetic, Tactile, And Visual.
Introduction
The purpose of this study is to identify whether there are differences in
the learning styles of university students in arts and science. The 'matching
hypothesis' suggests that teachers should assess the learning styles of their
students and adapt their teaching methods to best fit each student's learning
style. By understanding the preferences of their students’ learning styles,
teachers can know what their students’ strengths and weaknesses are, and then
they will be able to do more of what students can improve their learning.
Learning styles are the methods or ways how people learn best. Learning
styles do not reflect a person's abilities or intelligence, but they will explain
the facts that why some tasks are easy to learn than others. When people learn,
they use their senses to process information in the environment such as the
senses of sight, hearing, kinesthetic, touch. Although all these senses are
involved in human learning, most people tend to use one of their senses, and
some people use two or more senses to process information. The four learning
styles-Visual (learning from seeing), Auditory (learning from listening),
Lecturer, Dr, Department of Psychology, Dagon University
36
Kinesthetic (learning from moving) and Tactile (learning from touching) were employed in this study. One or two of these learning styles is normally
dominant. This dominant style defines the best way for a student to learn new
information.
This study aims to provide information about the learning styles
preferred by university students in arts and science. The results of this study
will provide knowledge about learning styles to university students and
teachers about how to create the most effective learning environment, and will
also help them to assess their learning styles. If the university students know
their learning styles, they will better understand their learning styles and their
strengths, weaknesses and needs. If the teachers know their students' learning
styles, they will be able to adopt teaching methods that fit into the learning
styles of their students. If teachers can choose the effective methods closely
matched with their students’ preferred learning styles, they will be able to
teach their students more effectively. Therefore, the university students will be
able to learn best if they had been taught by the appropriate teaching methods.
The educators and educational administrators will also gain useful information
regarding the learning styles of university students in arts and science. By
understanding knowledge about their learning styles, educators will be able to
present the ways that will accommodate those various learning styles, and the
educational administrators will be able to redesign better teaching and
learning environments.
Learning as Information Processing
The assumption of information processing theory is that in order for
information to be remembered, it must move through several stages and that
these stages proceed sequentially.When information from the environment
first comes on a sense organ, it is held in the sensory memory or sensory
register about half a second to as many as four seconds. This memory is called
iconic memory for visual items, and echoic memory for auditory items. Other
sensory memories may also exist, such as kinestheitc and tactile.
Since the sensory register is based on the activation of the sense organs
and sensory neurons leading to the brain, it may not be a true memory process.
Thus, the individual must pay attention to the incoming stimulation for
encoding and moving along the information from the sensory register into
storage. If the incoming information is not attended to immediately, it will be
lost.
37
The information processing model consists of input of encoded
information, storage and processing, and finally output, or retrieval. Storage
refers to internal memory, or the persistence of information over time.
Retrieval is the output end of the memory process. It refers to the utilization of
the stored information. To be retrieved, stored information must be not only
available but also accessible to the individual. Although stored information
may theoretically available, it may not always be easily located and utilized
(Murdock, 1974).
The information encoded in sensory is stored in Short-term memory
(STM). STM can encode only about seven separate items (Miller, 1956) and
can hold them from about a few seconds to a minute (Broadbent, 1984). Even
though STM is restricted to about seven items, several items can be grouped
together and processed as a single element. The information from STM can be
passed along into long-term memory (LTM). However, not all information
from STM enters LTM. Thus, the items from STM must be rehearsed.
There are two types of rehearsal: maintenance and elaborative.
Maintenance rehearsal is the rote repetition of the information in STM.
Elaborative rehearsal occurs when the information is expanded on, and related
to other items or concepts already in LTM. Elaborative rehearsal plays the
more important role in the transfer of information from STM to LTM and
leads to greater dept of processing (Ashcraft, 1990). Although LTM can take
the encoded information about twenty minutes, it can hold them for a lifetime
by using elaborative rehearsal.
The two types of rehearsal are maintenance and elaborative.
Maintenance rehearsal is the rote repetition of the information in STM.
Elaborative rehearsal is not based on mere repetition but occurs when the
information is expanded on, and related to other items or concepts already in
LTM. Most theorists now believe that elaborative rehearsal plays the more
important role in the transfer of information from STM to LTM and leads to
greater depth of processing (Ashcraft, 1990).
Learning Styles
Learning styles have really gained so much attention in recent years
across different age groups and learning environments. “The area of learning
styles is complex and many questions are still open, including a clear
definition of learning styles, a comprehensive model which describes the most
important learning style preferences, and the question about the stability of
38
learning styles” (Kinshuk, Liu & Graf, (2009). As stated by Felder and
Silverman (1988), grouping students according to a number of scales
pertaining to the ways they receive and process information is defined as a
learning style model. Similarly, according to Jonassen and Grabowski (1993),
learning styles are tendencies for the preference to process information in
certain ways. In another definition, a learning style can be described as the
composite of cognitive, affective, and psychological characteristics that serve
as an indicator of how an individual interacts with and respond to the learning
environment (Keefe, 1979; Duff, 2000). In other words, learning styles can be
described as the means of perceiving, processing, storing, and recalling
attempts in the learning process (James & Gardner, 1995).
Each individual perceives and processes information in very different
ways. These different ways or methods of learning are called the learning
styles. The sensory channels that individuals utilize to process information to
memory are called learning modalities. Flaherty (1992) describes four major
kinds of learning modalities: visual, auditory, kinesthetic and tactile. Visual
students can learn best by seeing the material. Auditory learners need to read
out loud to comprehend the material. Kinesthetic learners are action students
and learn by doing. Tactile students are sensitive learners and they are a
strongly influenced by physical changes to their learning environment.
According to Fleming, visual learners have a preference for seeing (think in
pictures; visual aids such as overhead slides, diagrams, handouts, etc.).
Auditory learners can best learn through listening (lectures, discussions, tapes,
etc.). Kinesthetic learners prefer to learn from experience or moving (active
exploration of the world). Tactile learners prefer to learn by touching with
hands on activities (doing assignments, projects, experiments).
Battalio (2009) conducted a study to determine the association of
students’ learning styles with success in online learning environments, and the
results have shown significant associations between students’ learning styles
and success in distance education and offer insight into the relationship
between learning style and mode of delivery”. Graf, Kinshuk and Liu (2009)
proposed an automatic approach for identifying students’ learning styles in the
Learning Management System, and concluded that the information about
students’ learning styles can be used for; (a) providing teachers with more
information about their students, showing them that their students have
different preferences and ways in which they learn, (b) helping teachers in
understanding why and when students may have difficulties in learning, and
(c) making students themselves aware of their own learning styles, helping
39
them to better understand their strengths and weaknesses in the learning
process. Franzoni and Assar (2009) developed an integrated taxonomy
combining learning styles, different teaching strategies and the corresponding
appropriate electronic media, and they concluded that, “The presented
taxonomy is a useful tool to get a better knowledge of the wide variety of
resources available to use in class”. Coole and Watts (2009) investigated elearning styles in online classrooms; they proposed that their study highlighted
the need for multiple pathways in web-based provision for trainees on such
courses to meet individual, preferred, learning styles, and they also concluded
that, “While the context of this study focuses on the VLE, given the rapid
developments in ICT people are now gaining knowledge informally using
other forms of technology”. In the e-learning environment, students with
social, aural, verbal, and solitary learning styles have high academic
achievement respectively. Students with logical and physical styles have the
least academic achievement (Kia et al., 2009). Ramayah et al. (2009)
highlighted that female students were found to demonstrate slightly higher
preference for the Visual and Aural learning styles when compared to male
students. Lindsay (1999) found that the harmony between learning style and
teaching style increased academic achievement and satisfaction with learning.
Since learning styles provide information about individual differences in
learning preferences, they are able to indicate how instruction can be best
designed to support learning preferences and increase academic achievement
(Akdemir & Koszalka, 2008). Whisler (2005) recommends that students
considering online courses should assess their self-efficacy, interaction
behaviors and time management skills to see to what extent online programs
are suitable for them. As observed in the literature, knowing about selfcapabilities may lead an individual to perform better on their tasks.
Learning Style Inventory
The Visual, Auditory and Kinesthetic/Tactile learning style inventory
uses the multisensory resources: Visual (seeing), Auditory (listening),
Kinesthetic (moving), and Tactile (touching) to determine the dominant
learning style. Visual learners have two sub-channels - l i n g u i s t i c and
s p a t i a l . T h e v i s u a l - l i n g u i s t i c learners like to learn through written
language such as reading and writing tasks. They remember what has been
written down, even if they do not read it more than once. They like to write
down directions and pay better attention to lectures if they watch them.
Learners who are v i s u a l - s p a t i a l usually have difficulty with the written
language and do better with charts, demonstrations, videos, and other visual
40
materials. They easily visualize faces and places by using their imagination
and seldom get lost in new surroundings.
Auditory learners often talk to themselves. They also may move their
lips and read out loud. They may have difficulty with reading and writing
tasks. They often do better talking to a colleague or a tape recorder and
hearing what was said.
Kinesthetic learners do best while touching and moving. It also has
two sub-channels: kinesthetic (movement) and tactile (touch). They tend to
lose concentration if there is little or no external stimulation or movement.
When listening to lectures they may want to take notes for the sake of moving
their hands. When reading, they like to scan the material first, and then focus
on the details (get the big picture first). They typically use color highlighters
and take notes by drawing pictures and diagrams.
Material and Methods
Objectives:
To explore learning styles preferred by university students in
arts and science, and to identify whether there are differences
in the learning styles of university students in arts and science.
Hypothesis: There are differences in the learning styles between university
students in arts and science.
Participants: The nine hundred and ten university students participated in
this study. They are 510 arts students, and 400 science students
from the Universities of Arts and Science in Yangon. All the
students were undergraduates and were chosen from
psychology, geography, anthropology, archaeology and law
specialization courses in arts; physics, zoology, botany and
mathematics courses in science that were taught in the 20102011 academic year. These students were attending the same
semester. The age range is from 16 to 20 years.
Instrument: The research design for this study was descriptive and
comparative. The learning styles preferences of university
students were investigated by using Visual, Auditory,
Kinesthetic, Tactile Learning Styles Questionnaire (VAKTLSQ). The Chronbach’s alpha coefficient for the VAKT-LSQ
was 0.655. Each of the participants was asked to read the
statements carefully and to rate his or her preferences on the
five point scales for each of the 24 statements ranging from
41
most often to seldom and then write respectively 4, 3, 2, 1, and
0 for each statement. This self-report questionnaire helps
students identify the way they learn best and prefer to learn.
The 24 statements cover four learning styles, with six
statements for each style.
Procedures: The first step of the data collection procedure for this study
involved the preparation of a questionnaire. Firstly, 30 items
from the VAK/T Learning Style Inventory were taken and then
modified to Myanmar Version. Next, these items were given to
150 students and asked to rate each of the items. Based on the
findings of the item analysis, 6 items were removed and the 24
items were prepared in the form of a questionnaire. Then that
questionnaire was named the Visual, Auditory, Kinesthetic,
Tactile Learning Style Questionnaire (VAKT-LSQ). The
second step of data collection procedure was the administration
of the survey questionnaires to participants. The questionnaires
were distributed to 910 undergraduate students from the
Universities of Arts and Science in Yangon. They were asked
to respond to each of the 24 items of (VAKT-LSQ) on a 5point scale. The completed questionnaires were returned with
age and sex information and then scores for the questionnaire
were collected. Time duration responding to the questionnaires
was about 2 months: from January to February 2011. After
that, all data were fed into the computer and calculations were
made through the utilization of the Statistical Package for
Social Sciences (SPSS).
Data analysis: The data were analyzed using descriptive statistics and a
comparison of differences
in learning styles between university students was made with
the paired sample t- test. Data are reported as mean and
standard deviation of students in each category of learning
style preference.
Results and Discussion
According to the objective of the study, the learning styles preferences
of university students in arts and science are presented by the descriptive
analysis.
42
Table (1)
Learning
Style
Learning Styles of Arts Students
Visual
Auditory
Kinesthetic
Tactile
Mean
SD
Mean
SD
Mean
SD
Mean
SD
Specializations
Psychology
(N=100)
13.59
3.60
14.81
3.80
14.81
4.01
15.53
4.10
Geography
(N=120)
15.82
4.10
15.75
3.38
15.06
3.94
15.48
4.32
Anthropology
(N=70)
13.87
4.44
14.85
3.89
15.96
3.68
15.90
4.19
14.09
3.79
15.06
3.82
16.09
3.67
16.09
3.94
13.89
3.76
14.26
3.59
15.73
4.02
14.47
4.19
Archaeology
(N=100)
Law
(N=120)
Note: Mean score 14.50 and above = Most Preferred Learning Style
Mean score 12.50 to 14.49 = More Preferred Learning Style
Mean score 12.49 or less = Least Preferred Learning Style
Table 1 shows the mean scores of each learning style preferred by the
university students in arts and indicates that the geography specialization
students were most highly to prefer all four styles; “Tactile”, “Auditory” and
“Kinesthetic” were the most preferred learning styles for psychology,
anthropology and archaeology specialization students, and they were more
likely to prefer “Visual” learning style; and “Kinesthetic” was the most
preferred learning style for law specialization students, and they were more
likely to prefer “Tactile”, “Auditory”, and “Visual” learning styles.
43
Table (2)
Learning
Styles
Learning Styles of Science Students
Visual
Auditory
Kinesthetic
Tactile
Mean
SD
Mean
SD
Mean
SD
Mean
SD
14.65
3.91
15.65
4.05
13.94
4.06
13.44
3.38
13.70
3.53
14.55
4.10
13.60
4.43
15.63
3.28
14.63
4.28
14.52
3.59
13.31
4.46
16.73
5.14
12.82
4.29
13.58
4.25
14.13
4.10
16.00
5.90
Specializations
Physics
(N=120)
Zoology
(N=110)
Botany
(N=60)
Mathematics
(N=50)
Note: Mean score 14.50 and above = Most Preferred Style
Mean score 12.50 to 14.49 = More Preferred Style
Mean score 12.49 or less = Least Preferred Style
Table 2 shows the mean and standard deviation scores of each learning
style preferred by the university students in science and indicates that
“Auditory” and “Visual” were the most preferred learning styles for physics
specialization students, and they were more likely to prefer “Kinesthetic” and
“Tactile” learning styles; “Tactile” and “Auditory” were the most preferred
learning styles for zoology specialization students, and they were more likely
to prefer “Visual” and “Kinesthetic” learning styles; “Tactile”, “Visual” and
“Auditory” were the most preferred learning styles for botany specialization
students, and they were more likely to prefer “Kinesthetic” learning style; and
“Tactile” was the most preferred learning style for mathematics specialization
students, and they were more likely to prefer “Kinesthetic’, “Auditory” and
“Visual” learning styles.
44
Table (3)
Learning
Styles
Comparison between Learning Styles of University
Students in Arts and Science
Arts (N=510)
Science
(N=400)
t
Sig: Level
Mean
SD
Mean
SD
Visual
14.32
4.01
14.10
3.97
1.43
NS
Auditory
14.94
3.69
14.81
4.05
1.42
NS
Kinesthetic
15.51
3.90
13.78
4.19
3.47
0.001
Tactile
15.47
4.17
16.03
4.16
0.85
NS
Note: Mean score 14.50 and above = Most Preferred Style
Mean score 12.50 to 14.49 = More Preferred Style
Mean score 12.49 or less = Least Preferred Style
The table (3) compares the learning styles between the university students
in arts and science, and shows that the arts students were most highly to prefer
“Kinesthetic”, “Tactile” and “Auditory”, and they were more likely to prefer
“Visual” learning style; and the science students were most highly to prefer
“Tactile” and “Auditory”, and they were more likely to prefer “Kinesthetic”
and “Visual” learning styles.
The t- test indicates that there was a significant difference in the
preference of “Kinesthetic” style between university students in arts and
science. In the "Kinesthetic" style the mean score obtained by arts students
was 15.51 and science students was 13.78, t-value was 3.47 which is
significant at 0.001 levels. The arts students were more likely to prefer
kinesthetic style than did the science students. They like exploration around
the world and going out on a field trip while they are learning. Thus, the
students who prefer kinesthetic style should be taught by using problemsolving activities, using role play, encouraging active participation in the class
and having field trips.
There were no differences in the “Tactile” style between the university
students in arts and science. These university students frequently use tactile
style, and thus they will learn best through touching with hands-on activities.
If they have an opportunity to do something by themselves, they will be able
to learn effectively. Thus, the students who prefer tactile style should be
45
taught by doing experiments, assigning projects, writing down notes and
making charts, maps and models.
There were no differences in the preferences of “Auditory” style
between the university students in arts and science. These students can learn
through listening and they learn well with lecture, discussions and tapes etc.
Thus, the students who prefer auditory style should be taught by repeating
difficult words and concepts aloud, using class or group discussions, lectures,
debates, listening to books on tape and CD, and giving oral explanations and
instructions.
There were no differences in the preferences of “Visual” style between
the university students in arts and science. These students can learn through
watching or seeing the material. When they are studying their lessons, these
students tend to use different color pens as they are reading and taking notes.
Thus, the students who prefer visual style should be taught by using handouts,
encouraging note taking and reading, writing key information on the board,
using pictures, overhead transparencies and videos.
Conclusion
The four learning styles: visual, auditory, kinesthetic and tactile were
analyzed by specialization subjects of the participants. According to the table
1, all four styles were the most preferred learning styles for the geography
specialization students; “Tactile”, “Auditory” and “Kinesthetic” were the most
preferred learning styles for psychology, anthropology and archaeology
specialization students; and “Kinesthetic” was the most preferred learning
style for law specialization students.
According to the table 2, “Auditory” and “Visual” were the most
preferred learning styles for physics specialization students; “Tactile” and
“Auditory” were the most preferred learning styles for zoology specialization
students; “Tactile”, “Visual” and “Auditory” were the most preferred learning
styles for botany specialization students; and “Tactile” was the most preferred
learning style for mathematics specialization students.
According to the table 3, as the arts students were most likely to prefer
“Kinesthetic”, “Tactile” and “Auditory” learning styles, they will learn best
through moving, touching, and listening. The science students were most
likely to prefer “Tactile” and “Auditory” learning styles, and thus they will
learn best through touching and listening.
46
The analysis of the learning styles indicated that while there were no
differences in the preferences of “Visual”, “Auditory” and “Tactile” learning
styles between the university students in arts and science, there was a
significant difference in the preference of “Kinesthetic” style between them.
The arts students were more likely to prefer “Kinesthetic” style than did the
science students. The university students’ learning styles did not depend on
their specializations. Thus, the hypothesis of this research was rejected: There
are differences in the learning styles between university students in arts and
science.
To become effective learners, these university students need to use all
their senses or all learning styles. If these students have more opportunities to
learn through all their senses - visual, auditory, kinesthetic and tactile, they
will be able to effectively learn their lessons and will improve their academic
performances. Therefore, all university students should be provided the
opportunities to become involved in all learning styles, and should be taught
with a variety of teaching methods and teaching aids to become more effective
learners.
Acknowledgements
I would like to give my special thanks to Dr. Hla Htay, Rector of Dagon University,
and Pro-Rectors of Dagon University for giving me permission to present this paper. I would
like to express my gratitude to U Aye Kyaw, Professor / Head, Department of Psychology,
Dagon University for his encouragement. I thank editors of Myanmar Academy of Arts and
Science who gave me permission to publish this paper. I wish to express my thanks to all
Professors who helped me in collecting the data for this research.
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47
An Investigation into the Effectiveness of Using Diagrammatic
Representations in Teaching the Classification of World* Climate
U Johnny than
Abstract
The primary purpose of this study is to investigate the effectiveness of using
diagrammatic representations in teaching the classification of the world
climate. The procedures needed to solve the climatic problems for the
students are identified sequentially. And, how to solve each of the climate
regions is described in detail. The samples of this study consisted of (30)
students for the control group and (30) students for the experimental group
who are studying in the Fourth year at Yangon Institute of Education.
Random sampling and experimental design were used in this study. As a
research instrument, a set of diagrammatic representations and question
items were developed. The independent samples t test was used to ascertain
the significant difference between the control and experimental groups in
the achievement of classifying world climate. This study lasted six periods
of teaching. After teaching how to classify and manipulate the kind of
definite climate region with the use of diagram, a problem of world climates
was tested to observe whether the students could solve or not. The result of
t test (t = 9.846, df = 58, MD = 1.6, p < 0.05) showed that using
diagrammatic representations in teaching the classification of world climate
is more effective than without using diagrammatic representations in
teaching the classification of world climate. The result also showed the
advantages that could enhance the students' learning in a short time and
conceptualize the knowledge of world climate. With this method, the
secondary geography teachers and students will be able to classify the
different kinds of world climates in detail. It is hoped that this paper will
help the geography teachers how to manipulate and classify the world
climate systematically and effectively.
Key words: climate region; diagrammatic representations; world climate,
conceptualize,classify.
Introduction
Climate is the characteristic condition of the atmosphere near the
earth's surface at a certain place on earth. It is the long–term weather of the
area (at least 30 years). Two of the most important factors determining an
area's climate are air temperature and precipitation.
In the early 20th century Weladimir Koppen developed a system of
climatic classification of world climates including symbols. When classifying
Assistant Lecturer, Department of Methodology, Yangon Institute of Education
* Best Paper Award Winning Paper in Education,(2012)
50
the different kinds of world climates, total annual precipitation statistics and
average temperature are used.
In accord with the method, different kinds of climate regions around
the world are classified, which are (1) A (Humid Tropical Climates), (2) B
(Arid Climates), (3) C (Meso thermal, mild winter climates), (4) D (Micro
thermal, severe winter climates) and (5) E (polar climates).
In the secondary education level, the classification of the world
climate based on the method of Weladimir Koppen is prescribed for practical
lessons. Therefore, all students in the secondary school level should
understand the fundamentals of world climatic concepts so as to study the new
concepts in higher education level. Thus, this paper is intended to supplement
geography teachers and learners in the secondary school level to be skillful in
classifying the definite climate region correctly and effectively.
Objectives:
The objectives of this study are as follows:
-
to be able to understand a system of climatic classification of
world climate,
-
to realize the symbols represented for the types of climates,
-
to be able to solve the problems of world climate systematically
and correctly, and
-
to help geography teachers and students classify the definite
climatic station using the diagrammatic representations.
Statement of Hypothesis
It was hypothesized that teaching the classification of world climate
using diagrammatic representations was effective. The following hypothesis
was stated;
There is no significant difference in teaching the classification of
world climate between using diagrammatic representations and without using
diagrammatic representations.
Review of Related Literature
A part of the professional responsibility of the geography teacher at
any level of the educational system is to bring new dimensions to
understanding through the effective use of audiovisual materials. One of the
51
important purposes of teaching method courses is to ensure that the future
teachers can teach their subjects effectively. An efficient class is one in which
every student is doing every bit of the work all the time. It goes without
saying that adequate auditory and or visual teaching aids should be made avail
to accomplish effective teaching in geography. The teacher should bear in
mind the age-old dictum: that a picture is worth a thousand words; or if only
we could see what we think about, we should think very differently about it.
Modern geography teaching is concept centered, and the complex nature of
the discipline calls for more sophisticated teaching and method, hence the
great emphasis on the visual impact. Teaching aids are valuable instructional
tools that can help make learning more effective and interesting. They
facilitate learning through the stimulation of the senses. To be effective, aids
should be used to achieve a definite purpose and they should be well
constructed to gain the learner's attention and sustain interest. It is often better
to introduce an outline on to which the teacher adds information during the
class. The students understand diagrams better as a result of observing the
way it is built up (Ely, 2000).
Learning is so complex in nature that even an experienced educator
cannot ascertain the extent to which one or more of the senses are involved. It
may be true that in most learning, sense of vision plays a somewhat larger part
than the other senses perceptions, but real learning emanates from interrelationship and co-ordination among the senses. Audio-Visual Aids consist of
a large variety of materials. For practical purposes these can be grouped as
follows:
1. Non-Projected Aids. These consist of black-board, bulletin board,
charts, maps and globes, graphs, diagrams, pictures and models, gramophone
records, tape-recording, radio broadcasts, school museums, journeys and
excursions, dramatizations, story telling, exhibits, cartoons, puppetry and
mock-up, comic strips and text-books.
2. Projected Aids. These consist of motion pictures, films, film-strips,
stereoscope and slide. According to them visual education is defined as "all
education based on the use of materials, other than books, that appeal directly
to the senses of sight".
Black-board, charts diagrams, maps, models are the cheapest forms of
Visual aids. They cost very little. These do not require costly projectors or
equipment and can be prepared with the joint efforts of the teacher and the
taught. Graph, diagrams, sketches are types of charts and have instantaneous
52
appeal. These must be simple, containing essential features and the size must
be suitable for the class.
Methodology
Subject
The students for this study were selected from the total population of
(78) geography students who are studying in the Fourth year at Yangon
Institute of Education. The sample was selected and assigned to two groups of
30 each for the control and experimental groups. Administration of a pretest
was made with three times of tutorial marks for checking initial group
equivalence.
Instrument
As an instrument, a set of diagrammatic representations and question
items were developed based on the Grade- 10 prescribed text book at the
secondary education level. A set of diagrammatic representations including
(7) steps and question items were constructed.
Research design
An experimental research design was used. Using a set of
diagrammatic representations, the geography students in the experimental
group were taught. The independent samples t test was used to ascertain the
difference between teaching the classification of world climate using
diagrammatic representations and teaching the classification of world climate
without diagrammatic representations.
Procedure
This study was conducted by using the control and experimental
groups. The experimental group was given a treatment of teaching the
classification of world climate using diagrammatic representations while
students in the control group were taught without diagrammatic
representations. The daily teaching period of fifty minutes for six days was
given to each group. The research aims to show the significant difference
between the experimental treatment group and control group. On the first day
of teaching period for the treatment group, the researcher gave students
expository presentation, step by step, and then based on the procedure
including seven steps, how to classify the definite climate region were
explained using diagrammatic representations. For the control group they
were also explained it without diagrammatic representations. After teaching
53
all five types of climate regions, the researcher tested them with a question
item for each group and then their answers were scored and compared.
A set of diagrammatic representations including seven steps of
procedures are as follows;
1. Climatic region (or) Zone
2. Hemisphere in which the station is located
3. Temperature conditions
4. Precipitation conditions
5. Determination of type of climate
6. Distance from the sea
7. Estimation of the probable climatic station
1. Climatic region (or) Zone
If the warmest temperature of the station is 50°F and above, the station
is defined A (or) B (or) C (or) D type of climate but if it is less than 50°F, it is
E type of climate. If the type of climate is A (or) B (or) C (or) D, the coldest
temperature is firstly compared with 64.4°F. If the coldest temperature is
64.4°F and above, it is A (or) B type of climate, if the coldest temperature is
between 64.4° and 26.6°F, it is C (or)B type of climate and if the coldest
temperature is less than 26.6°F, it is D (or )B type of climate.
54
2. Hemisphere in which the station is located
The second step is that the temperature for July is to be compared with
the temperature for January. If July temperature is more than January
temperature, it is located in the Northern Hemisphere and if it is less than
January temperature, it is located in the Southern Hemisphere. But if the
temperature of July and January are the same, the sum of the inner six months
and the sum of the six months at both ends of the year are to be compared. If
the total temperatures of the inner six months are greater than the total
temperatures of six months at both ends of the year, it is located in the
Northern Hemisphere but if the total temperatures of the inner six months are
less than the total temperatures of six months at both ends of the year, it is
located in the Southern Hemisphere.
3. Temperature conditions
In the third step, Average annual temperature is to be described and
then the range of temperature between the temperature of the coldest month
and the temperature of the warmest month are to be calculated. All the
temperatures of twelve months have to be added and this sum is divided by
twelve to get the average annual temperature. The range of temperature is the
difference between the maximum (hottest) and the minimum (coldest)
temperature.
55
4. Precipitation conditions
In the fourth step, annual rainfall is to be described and then the year
round rain, summer rain, and winter rain are to be classified correctly.
If the station is A (or) B type of climate monthly rainfall in this station
is to be compared with 2.4 inches. If monthly rainfall is the same or above 2.4
inches, it is year round rain.
If monthly rainfall is less than 2.4 inches, whether it is summer rain or
it is winter rain is to be classified by subtracting the total precipitations of the
inner six months of the year and the total precipitations of the six months at
both ends of the year.
If the total precipitations of the inner six months of the year are greater
than the total precipitations of the six months at both ends of the year, it is
summer rain and if the total precipitations of the inner six months of the year
are less than the total precipitations of the six months at both ends of the year,
it is winter rain.
If the station is C (or) B and D (or) B type of climate monthly rainfall
in this station is to be compared with 1.2 inches. If monthly rainfall is same or
above 1.2 inches, it is year round rain. If monthly rainfall is less than 1.2
inches, whether it is summer rain or it is the winter rain is to be classified by
subtracting the total precipitation of the inner six months of the year and the
total precipitation of the six months at both ends of the year. If the total
56
precipitations of the inner six months of the year are greater than the total
precipitations of the six months at both ends of the year, it is summer rain and
if the total precipitations of the inner six months of the year are less than the
total precipitations of the six months at both ends of the year, it is winter rain.
But when the station is located in Southern Hemisphere, it is winter rain
though the precipitations of the inner six months of the year are greater than
the total precipitations of the six months at both ends of the year, and it is
summer rain though the precipitations of the inner six months of the year are
less than the total precipitations of the six months at both ends of the year.
5. Determination of type of climate
The fifth step is the crucial part of classifying the climate in detail.
- If the station is A (or) B type of climate, it could be estimated whether it is
A (or) B of climate with the use of total annual precipitations. If the total
annual rainfall is above 40 inches, it may not be B region. If total annual
rainfall is 40 inches and below, it could be classified with the used of formulas
which are as follows;
If it is year round rain,
57
If it is summer rain,
If it is winter rain,
If annual rainfall is greater than the result from calculation, it is A (Humid
Tropical Climate) but it is less than the result from calculation, B (Arid
Climate).
If it is A type of climate, it could be classified with the use of diagrams in
detail.
If monthly rainfall is same or greater than 2.4 inches, it is called Af (tropical
rain forest).
If monthly rainfall in the region is less than 2.4 inches, whether it is Am (or)
Aw is classified with the use of formula.
If the lowest precipitation month is greater than the result from calculation, it
is defined Am (tropical monsoon).
If the lowest precipitation month is less than the result from calculation, it is
defined Aw (tropical savanna).
58
If it is B type of climate, it could be also classified with the use of diagram as
follows;
If the total annual rainfall is greater than the result from calculation, it is BS
(Steppe Climate).
If the average temperature of the station is greater than 64.4°F, it is BSh (low
latitude Tropical Steppe).
If the average temperature of the station is less than 64.4°F, it is BSk (Mid
latitude Humid Steppe).
If the total annual rainfall is less than the result from calculation, it is BW
(Desert Climate).
If the average temperature of the region is greater than 64.4°F, it is BWh (low
latitude Tropical Desert).
If the average temperature of the region is less than 64.4°F, it is BWk (Mid
latitude Humid Steppe).
59
- If the station is C (or) B type of climate, it could be estimated whether it is
C (or) B type of climate with the use of total annual rainfall. If the total annual
rainfall is above 40 inches, it may not be B type of climate. If total annual
rainfall 40 inches and below, it could be classified with the use of formulas
If total annual rainfall is greater than the result from calculation, it is C
type of climate but if it is less than the result from calculation, it is B type of
climate.
If it is C (Humid Mesothermal Climate), it could be classified with
the use of diagrams in detail.
60
If monthly rainfall is same or greater than 1.2 inches and gets year
round rain, it is defined Cf type of climate. And then if the warmest month in
the station is greater than 71.6°F, it is Cfa (Humid Subtropical Climate), but
if it is less than 71.6°F including four months above 50°F, it is Cfb (Marine
West Coast Climate) and if it is less than 71.6°F including three months
above 50°F, it is Cfc (Marine West Coast Climate).
If monthly rainfall in the station is less than 1.2 inches, and gets summer rain,
it is defined Cw type of climate. And then if the warmest month in the station
is greater than 71.6°F, it is Cwa (Humid Subtropical Climate), but if it is
less than 71.6°F including four months above 50°F, it is defined Cwb type of
climate and if it is less than 71.6°F including three months above 50°F, it is
defined Cwc type of climate.
If monthly rainfall in the station is less than 1.2 inches, and gets winter rain, it
is defined Cs type of climate. And then if the warmest month in the station is
greater than 71.6°F, it is Csa (Mediterranean Climate), but if it is less than
71.6°F including four months above 50°F, it is Csb (Mediterranean
Climate).
If it is B type of climate, the classifications of B type of climate in detail have
been explained in above.
- If the station is D (or) B type of climate, it could be estimated whether it is
C (or) B type of climate with the use of total annual rainfall. If the total annual
rainfall is above 40 inches, it may not be B type of climate. If total annual
61
rainfall is 40 inches and below, it could be classified with the use of formulas
If total annual rainfall is greater than the result from calculation, it is defined
D (Humid Microthermal Climate) but if it is less than the result from
calculation, it is B type of climate.
If it is D (Humid Microthermal Climate), it could be classified with the
used of diagrams in detail.
If the lowest precipitation of the month in the station is same or greater
than 1.2 inches and it gets the rain in all year, it is defined Df type of climate.
And then if the warmest month in the station is greater than 71.6°F, it is Dfa
(Humid Continental, Hot Summer Climate), but if it is less than 71.6°F
62
including four months above 50°F, it is defined Dfb (Humid Continental,
Mild Summer Climate) and if it is less than 71.6°F including three months
above 50°F, it is defined Dfc (Subarctic Climate). And then if the coldest
month in this region is greater than -36.4°F, it is defined Dfd (Subarctic
Climate).
If monthly rainfall in the station is less than 1.2 inches, and it gets
summer rain, it is defined Dw type of climate. And then if the warmest month
in the station is greater than 71.6°F, it is defined Dwa (Humid Continental,
Hot Summer Climate), but if it is less than 71.6°F including four months
above 50°F, it is defined Dwb (Humid Continental, Mild Summer Climate)
but if it is less than 71.6°F including three months above 50°F, it is Dwc
(Subarctic Climate) and if the coldest month in this station is greater than 36.4°F, it is defined Dwd (Subarctic Climate).
If it is B type of climate, the classifications of B type of climate in detail have
been explained in above.
- If the station is E (Polar Climate) due to the warmest month is under 50°F,
it could be estimated whether it is ET (or) EF type of climate with the used of
diagrammatic representation.
If the warmest month in this station is greater than 32°F, it is defined
ET (Tundra climate) and if it is less than 32°F, it is defined EF ( Ice-Cap or
Frost Climate).
6. Distance from the sea
This part is that whether the region is far or near the sea is to be
classified. This problem can be solved with the use of diagrammatic
representations.
63
In A (or) B type of climate,
If the range of temperature between the warmest month and the coldest
month is same or above 20°F, the station is near the ocean (or) sea but unless
it is, it is far from the sea.
In C (or) B type of climate,
month is same or above 30°F, the station is near the ocean (or) sea but if it is
not, it is far from the sea.
In D (or) B type of climate,
it is , it is far from the sea.
In E type of climate,
it is, it is far from the sea.
7. Estimation of the probable climatic station
The last part is to estimate the probable climatic station based on the
hemisphere, distance from the sea and type of climate.
64
Question items for classifying the climatic station
Question .1
Bombay (India)
Months
J
F
M
Temperature
76
76
80
O.1
0.1
0.0
M
J
J
A
S
O
N
D
Average
/ Total
86
84
81
81
81
82
81
76
81
0.9
19.9
24.0
14.5
10.6
1.9
0.4
0.0
72.4
A
F°
Rainfall
0.0
Inches
Question .2
New Delhi (India)
Months
Temperature
J
F
M
A
M
J
J
A
S
O
N
D
Average/
Total
59
63
74
85
92
93
88
86
85
80
69
61
78
1.0
0.8
0.5
0.3
0.7
3.2
7.7
7.5
4.6
0.4
0.0
0.5
27.2
F°
Rainfall
Inches
Question.3
Adelaide (Australia)
Months
J
F
M
A
M
J
J
A
S
O
N
D
Average/
Total
Temperature
74
74
70
64
58
54
52
54
57
62
67
71
63
0.7
0.7
1.0
1.8
2.8
3.1
2.7
2.5
2.0
1.7
1.2
1.0
21.2
F°
Rainfall
Inches
65
Question.4
Yangon (Myanmar)
Months
Temperature
J
F
M
A
77
79
84
87
0.2
0.2
0.3
1.4
J
J
A
S
O
N
D
Average
/ Total
84
81
80
80
81
82
80
77
81
12.1
18.4
21.5
19.7
15.4
7.3
2.8
0.3
99.6
M
F°
Rainfall
Inches
Question.5
Trondheim (Norway)
Months
J
F
M
A
M
J
J
A
S
O
N
D
Average/
Total
Temperature
26
26
31
39
46
54
57
56
49
41
34
28
41
4.3
3.0
3.4
2.5
2.2
1.9
2.8
3.4
4.4
5.0
3.9
3.4
40.2
F°
Rainfall
Inches
Question.6
South O nay (Atlantic Ocean)
Months
J
F
M
A
M
J
J
A
S
O
N
D
Average/
Total
Temperature
32
33
31
27
19
15
13
15
20
25
28
31
24
1.5
1.5
1.8
1.7
1.3
1.2
1.2
1.4
1.0
1.0
1.4
0.9
15.9
F°
Rainfall
Inches
66
Question .7
Ho Chi Minh (Vietnam)
Months
J
F
M
A
M
J
J
A
S
O
N
D
Average/
Total
Temperature
79
81
84
86
84
82
82
82
82
81
80
79
81.8
0.9
0.1
0.3
1.7
8.3
12.6
11.1
11.0
13.3
11.1
3.7
3.1
77.2
F°
Rainfall
Inches
Test Question item for classifying the climatic station
Months
J
F
M
A
M
J
J
A
S
O
N
D
Average/
Total
Temperature
73
75
81
81
93
93
90
88
89
89
82
75
84.1
0.0
0.0
0.0
0.0
0.1
0.3
1.8
2.6
0.7
0.2
0.8
0.0
5.7
F°
Rainfall
Inches
Answer:
In the given climatic data temperature of the hottest months (May 93 ̊
F and June 93 ̊ F) exceeds 50 ̊ F. The temperature of the coldest month
(January 73 ̊ F) exceeds 64.4 ̊ F. The station will therefore belong to either A
or B type of climate.
The temperature of July 90 ̊ F exceeds the temperature of January 73 ̊
F. Therefore, the station is in the northern hemisphere.
The average temperature is 84.1 ̊ F. May and June are the hottest
months with a temperature of 93 ̊ F. January is the coldest month with 73 ̊ F.
The range of temperature therefore is 20 ̊ F.
The total annual precipitation is 5.7 inches. The precipitation of each
month is below 2.4 inches and being situated in the northern hemisphere.
Since the precipitation is concentrated within the inner six months, the station
receives rain in summer.
67
The total annual precipitation is considerably scanty. It is requested to
apply Koppen's formula to determine whether the station has A or B type of
climate. As the station receives summer rainfall,
r > or ≤ 0.44t – 3 is used
≤ 0.44t * 84.1 – 3
5.7 < 34.004
The total annual precipitation of 5.7 inches received at the station is
less than the calculation value. This indicates dryness. The station will
therefore have a B climate.
To differentiate between BW and BS, the following formula should be
used.
r > or ≤ 0.44t – 3
2
≤ 37.004
2
5.7 < 17.002
The total precipitation of 5.7 inches received at the station is less than
the calculation value. This indicates BW. Since average temperature of 84.1 ̊
F is exceeds 64.4 ̊ F, the station enjoys a BWh (Low Latitude Tropical
Desert).
The annual range of temperature 20 ̊ F is the same as 20 ̊ F. Therefore,
the station is far from the coast.
Located in the northern hemisphere, far from the coast and having a
Bwh (Low Latitude Tropical Desert) type climate, the station is likely to be
Khartoum, Sudan.
Analysis of Results
The scores of the two groups of students were obtained from the
question given. To analyze the scores the independent samples 't' test was
used. It was found that there was significant difference between the
experimental and control groups. As a result, it can be seen that teaching the
classification of world climate using diagrammatic representations is more
68
effective than teaching the classification of world climate without
diagrammatic representations.
Table. 2 Mean, Mean Differences and t – test for Experimental and
Control Groups of Fourth Year Students at Young Institute of Education
*p < 0.05
t=
X1 − X 2
 SS1 + SS 2  1
1

 +
 n1 + n2 − 2  n1 n2
for df = 58 at 0.05 level, t



critical
= 2.000
t test = 9.846
Since,
t test > t
Therefore,
Ho: is rejected. There is significant difference
critical
Conclusion and Suggestion
In the secondary level, the topic "Classification of the World Climate"
is prescribed as a practical lesson in line with the higher level of learning.
Therefore, all students in the secondary level should understand the
fundamentals in world climatic concepts so as to study the new concepts in
higher education level. Geography teachers should have conceptual
understanding of climatic knowledge with the use of symbols and diagrams.
So, they must have enough knowledge in climate knowledge and experiences
to impart them correctly and effectively to cope with the problems of the
world climates. But, it is thought that, today, geography teachers can provide
just a bit of information in global climate concepts. It is difficult to know
69
whether they really understand the concepts of the global climate or not.
Therefore, the best method is generated with the used of diagrammatic
representations for both teachers and learners to learn in a short period. This
paper provides the procedures on how to manage and classify to reach the
solution of each region's climate correctly and effectively.
When providing data and information, firstly, a set of procedures to
solve the problems of classifying the climates should explained in detail step
by step. And then, each of regions should be explained according to the
procedures one after another with the exercises, and give the chance for
discussion between the teacher and students over misconceptions of the
climatic knowledge. By doing so, the students will develop the conceptual
understanding about the world climates and get positive attitudes to geography
subject for their lives.
In fact, by using diagrams in teaching the topic "classification of world
climates", both teachers and students get the chance to review the important
data in climatic knowledge for classifying the definite climate station instead
of reading by heart, and searching a lot of information and facts in the
prescribed text book.
Acknowledgements
Firstly I would like to express my respectful appreciation to Dr. Aung Min (Rector,
Yangon Institute of Education), Dr. Htoo Htoo Aung (Retired Pro-Rector, Yangon Institute of
Education) and Dr. Pyay Thein (Pro-Rector, Yangon Institute of Education) for their
encouragements and permission. I am deeply indebted to Dr. Soe Than (Professor and Head,
Department of Methodology, Yangon Institute of Education) for his detailed guidance and
valuable support throughout the period of preparing this paper. Many thanks are tendered to
Dr.Than Than Htay (Professor and Head, Department of Geography, University of Distance
Education) for the help with reference books.
References
Bhalla. C.L. (1963). Audio-Visual Aids in Education. New Delhi: India Printers.Indra.G
and Jahitha Begum.A. (2009). Teaching of Geography. New
Delhi:A.p.H.Publishing Corporation, Darya Ganj.
Yangon University of Distance Education (2006) First Year (Map &Techniques) I, Yangon:
University Press.
tajccHynmoif&dk;nTef;wrf;?oif&dk;rmwdumESifhausmif;oHk;pmtkyfaumfrwD(2007)/e0rwef;(Grade-10)?
yx0D0if /&efukef? atmifqef; yHkEDSyfwdkuf/
oifjyenf;Xme(1996-97)?bD?tD;?'Dpmay;pm,loifwef;?yx0D0ifoifjyenf;? &efukefynma&;wuúodkvf/
AN INVESTIGATION INTO THE EFFECTS OF
DIRECT INSTRUCTION AND INDIRECT INSTRUCTION
ON THE IMPROVEMENT OF THE WRITING SKILLS
IN GRADE EIGHT MYANMAR
AYE YU MON
Abstract
The purpose of this paper is to investigate the effectiveness of Direct
Instruction and Indirect instruction on the improvement of the writing skills
in Grade Eight Myanmar. A research was conducted in a Basic Education
High School and a Basic Education Middle School. Students were selected
by stratified random sampling method. The size of the sample was (459)
students from No.(2)Basic Education High School, Hlaingtharyar and (246)
students from No.(12) Basic Education Middle School, Insein. There were
two groups in each school: experimental group and control group. Each
group consisted of (35) students. The design applied in this study was an
experimental design: the posttest only control group design. The
instruments used in this study were a placement test and a posttest.
Learning materials were selected from Grade Eight Myanmar textbooks.
The experimental group was exposed to the indirect instruction and taught
with both Grade Eight Myanmar textbooks and extended texts from other
sources. An independent samples t-test was used to compare whether there
were significant differences between two groups. Research findings showed
that the students who received the treatment by using indirect instruction
demonstrated significantly better than those who did not receive that
treatment. The results supported that indirect instruction was effective in
teaching Myanmar writing skills.
Key words: direct instruction, indirect instruction, writing skills
Introduction
Language is the stuff that surrounds us. Most of us spend a great deal
of our lives listening, speaking, reading and writing. In every language, there
are four skills- listening, reading, speaking and writing. Listening and reading
are receptive skills, and writing and speaking are productive skills. When
students are proficient in receptive skills, they are mastery in productive skills.
Among these language skills, writing skill is the highest skill.
Thinking and writing are inseparable, and attention devoted to one will
often lead to improvement in the other. If the students see the close connection
between thought and writing, they will see that it is necessary to fit their
writing exactly to the thought they wish to express. People read books for
PM-4, MEd(Second Year), Department of Methodology, Yangon Institute of Education
72
profit, for information, for facts, etc. Reading and experiences are essential
sources for finding ideas and suggestions in writing. Writing comes from
speaking. Speaking derives from thinking. Thought forms into ideas. Ideas
come from reading. Writing is a medium of human, from generation to
generation.
The paper is focused on the improvement of the writing skills of the
students. In order to help the students to improve their writing skills, there are
mainly two types of instruction: direct instruction and indirect instruction. In
education, it is necessary to improve the writing skills of the students. So, it is
necessary to investigate the effectiveness of direct instruction and indirect
instruction on the improvement of writing skills in Grade Eight Myanmar.
Research Hypotheses
1. Grade Eight students whose teachers use indirect instruction will
significantly higher achievement in writing skills than GradeEight students
whose teacher use direct instruction.
2. There is a significant difference between direct instruction and indirect
instruction on the improvement of narrative writing skills.
instruction on the improvement of descriptive writing skills.
instruction on the improvement of expository writing skills.
instruction on the improvement of argumentative writing skills.
Method
The purpose of this study is to investigate the effectiveness of direct
instruction and indirect instruction for the improvement of the writing skills in
Grade Eight Myanmar. This study will help students to improve their writing
skills. A quantitative research methodology is used to compare the
achievement of students in writing skills. There are two groups in each school.
One group is the experimental group that is taught Myanmar based on indirect
instruction and the other group is the control group that is taught Myanmar
based on direct instruction. If indirect instruction is believed to be effective in
teaching, it is necessary to investigate its effectiveness in the classroom.
73
Subjects
The schools required for this study were selected by using stratified
random sampling method. One High School and one Middle School were
selected from Yangon Division. No.(12) MEHS, Insein, was selected from
inner-suburb area and No.(2) BEHS, Hlaingtharyar was selected from satellite
area in Yangon Division. The population in this study were (246) students
from No.(12) MEHS, Insein and (459) students from No.(2) BEHS,
Hlaingtharyar. The size of the sample was (70) students who were divided
into two groups: experimental group and control group in each school. Each
group consisted of (35) students (see Table 3.1). In each school, the selected
(70) students were divided into two groups: control group and experimental
group by match randomization.
Table 1 Population and Sample Size
Name of Schools
No. of Population
No. of Subjects
BEHS (2), Hlaingtharyar
459
70
BEMS (12), Insein
246
70
Experimental Design
The design used in this study was one of the true experimental designs,
viz., the posttest only control group design (see Table2).
Table 2 Experimental Design
Schools
Assignment
No.of
Students
Test
Control
group
Experimenta
l group
BEHS(2),
Hlaingtharyar
BEMS(12),
Insein
Test
Random
70
Placement
test
35
35
Posttest
Random
70
Placement
test
35
35
Posttest
Research Instruments
This study consisted of a placement test for grouping the students and
a posttest to evaluate their achievement in writing skill.
74
(a)Placement test
The placement test consisted of four items, one short question and
three long questions. Test items were constructed based on Grade Eight
Myanmar textbook and the allocated time for this test was (45) minutes. The
total marks for this test were (30).In order to obtain expert validation, the
placement test questions were distributed to five experienced Myanmar
teachers from Myanmar Department and one experienced Myanmar teacher
from Methodology Department, Yangon Institute of Education. According to
their suggestions, test items were modified again. (See Appendix A).Marking
scheme for this test was also presented (see appendix B). On 2nd December
2011, a pilot test was held with Grade Eight students at No. (3) BEMS, Bahan.
The allocated time for this test was (45) minutes.
(b)Posttest
A pilot study was made for the posttest. The posttest consisted of (6)
items. Test items were constructed based on the Grade Eight Myanmar
textbook. In order to obtain expert validation, the posttest questions were
distributed to five experienced Myanmar teachers from Myanmar Department,
and one experienced Myanmar teacher from Methodology Department,
Yangon Institute of Education. According to their suggestions, test items were
modified again. (See Appendix C). Marking scheme for this test was also
presented (see appendix D). On 19th January 2012, a pilot test was held with
Grade Eight students at No. (3) BEMS, Bahan.The allocated time for this test
was (1:30) hours. In order to measure the reliability of the test items, the
scores were computed by using Cronbach’s alpha (Leech, Barrett, & Morgan,
2005). The alpha for all items was (.70), which indicated that these items have
good internal consistency, reliability.
Learning Materials: Learning materials were selected from Grade Eight
Myanmar textbooks.
Extended Learning Materials
Teachers also need to provide extended learning materials and make
students discuss and participate in the learning activities. In this way, students
can study the nature of writing skills not only from their textbooks but also
from other extended learning materials. Besides, they understand that there are
a lot of resources available to improve their writing skills. These extended
learning materials are based on Khin Min’s “Teaching of Myanmar Essay
75
Writing” and developed according to the knowledge and the cognitive
development level of the students.
Procedure
In order to group the subjects in this study, the placement test was
administered before the treatment period. This test was used to measure
students’ writing skill in Myanmar. According to the test results, the subjects
were divided into two groups by using match randomization, so that there was
no significant difference between the control group and the experimental
group.
In each school, the experimental group was given a treatment by using
the indirect instruction. In the beginning of the class, the teacher gives the
students a za-ta-ka prose. After that, asks students to write a script to perform
their roles. They have to perform by cooperating together. The treatment
period lasted from 5th December, 2011 to 25th January, 2012. The total
experimented time was (30) days. In each school, the treatment was given for
(15) days alternatively. Each class was taken two periods per day. One period
lasted (45) minutes. Therefore, the total time taken for this experiment was
(23) hours (30) minutes in each school. The procedures for Teaching
experiment Group were presented (see Appendix F).During the treatment
period, the students were taught with a variety of methods which are
concerned with indirect instruction such as cooperative learning, role play and
project-based learning.
At the end of the treatment period, all selected students had to
sit for posttest. The posttest was conducted on 27th January, 2012 in both
schools. The allocated time for this posttest was (1:30) hours and the given
marks were (50) marks.
Findings
The data obtained from the posttest were recorded systematically. And
then these data were analyzed by using the independent samplest-test to
compare the differences between the control group and experimental group.
76
Table 3 t - Values for Posttest on Myanmar Achievement Scores
School
HS
MS
Group
Control
N
35
M
28.83
SD
6.81
Experimental 35
38.74
3.04
Control
35
Experimental 35
23.66
30.80
6.60
4.68
7.14
5.22
68
.000**
.000**
70
26.24
7.1
8.5
7.86
.000**
Experimental 70
34.77
5.6
13
8
HS+MS Control
MD
5.8
t
7.87
df
68
Sig.(2-tailed)
.000**
.000**
.000**
Note: **p <.001HS= No. (2) BEHS, Hlaingtharyar
MS= No. (12) BEMS, Insein
Results showed that the mean score of the experimental group was
significantly higher than that of the control group in each school. Besides, it
showed that there was a significant difference between the control group and
experimental group for scores on the overall Myanmar achievement in each
school.It can be interpreted that the use of proposed teaching method, indirect
instruction, has significant effect on overall Myanmar achievement of the
students.
Table 4 t - Values for Scores on Narrative Writing Skill Question
School
Group
N
M
SD
MD
t
HS
Control
35
4.89
2.21
5.8
10.87 68
Experimental
35
10.69
2.26
Control
35
5.17
2.11
MS
Experimental
HS+MS Control
Experimental
35
6.23
2.03
70
5.03
2.14
70
8.46
3.09
Sig.
(2-tailed)
.000**
.000**
2.13
1.05
68
.036*
.036*
5.61
3.43
Note:*p<.01, **p <.001HS= No. (2) BEHS, Hlaingtharyar
df
138 .000**
.000**
77
The results of narrative writing skill question showed that the mean
score of experimental group was significantly higher than that of the control in
each school. Besides, it showed that there was a significant difference
between the control group and experimental group for scores on the overall
narrative writing skill achievement in each school. It can be interpreted that
the use of indirect instruction has significant effect on the narrative writing
skill of the stud
Table 5 t - Values for Scores on Descriptive Writing Skill Question
School
Group
N
M
SD
MD
t
df
Sig.
(2-tailed)
HS
Control
35
12.03
4.27
-0.30
1.61
68
.115
Experimental
35
13.29
1.79
Control
35
8.80
4.05
Experimental
35
10.83
2.48
Control
35
10.41
4.44
Experimental
35
12.06
2.48
MS
HS+MS
.113
2.03
2.53
68
.014***
.014***
1.64
2.70
138
.008*
.008*
Note: ***p<.05, *p<.01HS= No. (2) BEHS, Hlaingtharyar
The results of descriptive writing skill question showed that the mean
score of experimental group was significantly higher than the mean score of
the control group in each school. It showed that there was a significant
difference between the control group and experimental group for scores on the
descriptive writing skill achievement in each school.
It
can
be
interpreted that the use of indirect instruction has significant effect on the
descriptive writing skill of the students.
78
Table 6 t - Values for Scores on Expository Writing Skill Question
School
Group
N
M
SD
MD
t
df
Sig.
(2-tailed)
HS
Control
35
9.00
1.50
5.8
10.87
68
.000**
Experimental
35
10.80
0.58
Control
35
7.06
2.35
Experimental
35
10.43
0.92
Control
35
8.03
2.19
Experimental
35
10.61
0.79
MS
HS+MS
Note: **p <.001
.000**
3.37
7.91
.000**
68
.000**
2.59
9.31
.000**
13
8
.000**
HS= No. (2) BEHS, Hlaingtharyar
The results of descriptive writing skill question showed that the mean
score of the experimental group was significantly higher than the mean score
of the control group in each school. The independent samples t-test showed
that there was a significant difference between the control group and
experimental group for scores on the expository writing skill achievement in
each school .It can be interpreted that the use of indirect instruction has
significant effect on the expository writing skill of the students.
Table 7 t - Values for Scores on Argumentative Writing Skill Question
School
HS
MS
Group
Control
N
35
M
SD
MD
2.91 1.38
1.06
Experimental 35 3.97
0.17
Control
35 2.63
0.77
0.80
HS+MS Control
35 2.77
1.12
0.66
t
df
4.50 68
Sig.
(2-tailed)
.000**
.000**
0.69
3.66
68
.000**
.000**
0.87
5.61 138 .000**
Note: **p <.001HS= No. (2) BEHS, Hlaingtharyar
.000**
79
The results of argumentative writing skill question showed that the
mean score of the experimental group was significantly higher than the mean
score of the control group in each school. The independent samples t-test
showed that there was a significant difference between the control group and
experimental group for scores on the argumentative writing skill achievement
in each school. It can be interpreted that the use of indirect instruction has
significant effect on the argumentative writing skill of the students.
Results
The results of the research findings from the two selected schools were as
follows:1. GradeEight students whose teachers use indirect instruction had
significantlyhigher achievement in writing skills than those whose
teachers use direct instruction.
instruction on the improvement of descriptive writing skill.
instruction on the improvement of narrative writing skill.
instruction on the improvement of expository writing skill.
instruction on the improvement of argumentative writing skill.
Discussion
The posttest mean score of the experimental group was significantly
higher than the mean score of control group for each school. This result
pointed out that the indirect instruction had significant effect on the
achievement of the students. Students are taught Myanmar with indirect
instruction such as project method, role play and cooperative method. In these
teaching methods, students are encouraged to participate in the teaching and
learning process. In the direct instruction, the teacher taught Myanmar by
using the lecture method, presentation method and discussion method.
Direct instruction is defined as an instructional sequence that includes
demo-nstration, controlled practice with prompts and feedback, and
independent practice with feedback Mercer (1997, cited in Din, 2000). Most
teachers, especially in middle schools, use a variety of methods. Maybe a
80
“lecture” (demo a problem on the board, talk through steps, have students take
notes, whatever) for 5-10 minutes, then have students try a few similar
problems, then come back and go over the samples to correct misconceptions,
then have students try a bunch more (Peterson, 2011).
This result is in agreement with Johnson and Johnson (1999, cited in
Slavin, 2003) who suggested that small-group discussions have greater effect
on students’ achievement if students are encouraged to engage in controversy
rather than to seek a consensus. The finding showed that there was a
significant difference between the control group and experimental group. The
students from the experimental group were given the opportunities to work in
small groups, to find the solution cooperatively and to participate actively in
classroom activities such as role play. It can be concluded that students from
the experimental group improve not only higher order thinking skills but also
four different types of writing skills. So, this study will be beneficial to some
extent in the teaching-learning process of Myanmar language teaching.
Direct instruction is often characterized by an emphasis on ‘chalk and
talk’- in other words, the teacher spends quite a lot of class time using the
board and explaining things-as if ‘transmitting’ knowledge to the class-with
occasional questions to or from the learners. After these explanations, the
students will often do some practice exercises to test whether they have
understood what they have been told. Throughout the lesson, the teacher
keeps control of the subject matter, makes decisions about what work is
needed and orchestrates what the students do. In this classroom, the teacher
probably does most of the talking and is by for the most active person. The
students’ role is primarily to listen and concentrate and, perhaps, take notes
with a view to taking in the information. Often the teacher takes as if by right
permission to direct, give orders, tell off, rebuke, criticize, etc., possibly with
limited or no consultation.
School teaching was in a style that could be characterized as ‘traditional’.
While the details may vary considerably from school to school and between
different countries and cultures, there will still be many aspects of ‘traditional’
teaching that are familiar to many.
This ‘transmission’ view of the role of a teacher is relatively wide
spread, and in many cultures represents the predominant mode of education.
Students will expect that a teacher will teach in this way, and fellow teachers
may be critical or suspicious of teachers who do not. In such cases it’s
important to remember that the choice of methodology is not simply a matter
81
of what teacher believes to be best, imposed at any cost, but it is also about
what is appropriate in a particular place with particular people. What a teacher
does in any school or with any learner will often represent the teacher’s best
compromise between what the teacher believes and what seems right in the
local context.
The process by which direct instruction is imagined as working is
sometimes characterized as ‘jug and mug’- the knowledge being poured from
one receptacle into an empty one. It is often based on an assumption that the
teacher is the ‘knower’ and has the task of passing over knowledge to the
students, and that having something explained or demonstrated to students
will lead to learning- and if it doesn’t, it is because the teacher has done this
job badly or the student is lazy or incompetent.
In many circumstances, lecture or explanation by a teacher may be an
efficient method of informing a large number of people about a topic.
However, if the educational experience has mainly been of this approach, then
it is worth pausing for a minute and questioning whether this is indeed the
most effective or efficient teaching method. Whereas most teachers will need
to be good ‘explainers’ at various points in their lessons, a teaching approach
based solely or mainly on this technique can be problematic.
Most teachers nowadays would say that they do not follow a single
method. Teachers do not generally want to take someone else’s prescriptions
into class and apply them. Rather they work out for themselves what is
effective in their own classrooms. They may do this in a random manner or in
a principled way, but what they slowly build over the years is a personal
methodology of their own, constructed from their selection of what they
consider to be the best and most appropriate of what they have learned about.
Many students may have spent their whole educational career being
told what to do all the time, constantly presented with work that has included
minimal elements of choice. They may never have stopped to realize that what
they learn and how they do it involves their own personal choice, and that it is
their own time and energy they are investing. It may be a real surprise to be
asked what they want or need, and not surprisingly they might need a clear
explanation as to the purpose of it- and guidance as to how to start thinking
about and conveying their ideas.
Since writing is primarily about organizing information and
communicating meaning, generating ideas is clearly a crucial part of the
82
writing process. Because actually getting started is one of the most difficult
and inhibiting steps in writing, idea-generating is particularly important as an
initiating process. For this reason, the activities which follow can be regarded
as belonging to the initial stages, when the writer is still attempting to discover
a topic and identify a purpose. Even in later stages, however, idea-generating
continues to take place, so that the techniques used to stimulate ideas at an
initial stage may still prove useful.
Brainstorming is best done in a group, and it therefore both benefits
from and contributes to a cooperative approach to learning. By using it,
students learn that writers can profit from drawing on other people’s ideas as
well as their own. Questions, being the basis of Socratic dialogue and of
problem-solving, are an important prompt for writers. Indeed, one of the skills
of a good writer is to think of interesting questions to ask because these yield
interesting answers.
As children progress through their early years in school, they develop
a wealth of knowledge about language, print, and relationships among
language processes. However, when children reach the upper grades of
elementary school where there is greater emphasis on content learning, their
ability to progress in writing often declines. One reason this happens may be
because the children are not being taught how to read and learn from
informational or content area texts.
Writing well is not just an option for young people—it is a necessity.
Along with reading comprehension, writing skill is a predictor of academic
success and a basic requirement for participation in civic life and in the global
economy (Graham &Perin, 2007).
•
•
Writing is a skill: by far the most important reason for teaching writing, is
that it is a basic language skill, just as important as speaking, listening and
reading. Students need to know how to write letters, how to put written
reports together.
The type of writing that students should do will depend on their age,
interests and level. Beginners to write simple poems. When the elementary
students are set tasks the students have – or can get – enough language to
complete the task. Such students can write a simple story but they are not
equipped to create a complex narrative. It’s all a question of what
language the students have at their command and what can be achieved
with this language.
•
83
Of course, some pieces of written work are completely full of mistakes,
but even in these cases, over-correction can have a very demotivating
effect. As with all types of correction, the teacher has to achieve a balance
between being accurate and truthful on the one hand and treating students
sensitively and sympathetically on the other (Harmer, 1988).
Siddiqui (2009) states that the ability to read and write is strongly
influenced by the ability to understand and use language. Students who are
good listeners and speakers tend to become strong readers and writers.
Language has a major role in all subjects including reading, math, history,
geography, and even art. The early school years emphasize language
development, social-emotional growth and readiness skills. The middle grades
emphasize specific subjects. Mastery of language is assumed. Emphasis is
placed on written skills. The later grades involve more complex use of
language by students, including an increased vocabulary, more advanced
sentence structure, and different kinds of language for different situations.
Teacher should nurture the habit of reading and writing.
If students have opportunities to form groups for writing, they will
become better learners. According to the results, students should be exposed
not only to prescribed textbooks but also to external materials. Emphasis
should be placed not only on the teaching of specific subject but also on the
improvement of writing skills. Besides, investigation into the effects of direct
instruction and indirect instruction on the improvement of writing skills ought
to be studied in other grades. In this way, studying the influence of writing
skills can be beneficial to students in Myanmar.
Conclusion
The main purpose of this research was to investigate the effectiveness of
direct instruction and indirect instruction on the improvement of the writing
skills at the middle school level. A quantitative study was mainly used to
compare the students’ achievement on the Myanmar writing skill between two
groups: control group and experimental group. The design adopted in this
study was one of the true experimental designs, viz., the posttest only control
group design.
One High School and one middle School were selected from Yangon
Region by simple random sampling method to carry out the research work.
The participants were seventy Grade Eight students from No. (2) BEHS
84
Hlaingtharyar and seventy from No. (12) BEMS, Insein. The students were
selected by systematic random sampling method for this study.
The instruments used in this research were a placement test and a
posttest to compare students’ Myanmar achievement. Learning materials were
from Grade Eight Myanmar Textbooks.
In each school, the placement test was administered to all the selected
students before the treatment was provided. According to the scores of the
placement test, the students were divided into two groups by using match
randomization. The experimental group was given the treatment by indirect
instruction and the control group was given the same learning materials by
using direct instruction. There are differences between the two groups. The
students got the chance of collaborative learning in small groups and actively
participated in discussion and activities. In the control group, the teacher
explains the new concepts explicitly and let the students learn passively, the
students received teacher directed whole class instruction. A posttest was
administered at the end of the treatment period. Independent samples t-test
was used to examine whether there were significant differences between the
two groups in terms of four different types of writing.
On the scores of narrative level questions, there was a significant
difference between the two groups in two selected schools. There was a
significant difference between the two groups in two selected schools for
descriptive level questions. On the scores of expository level questions, there
was a significant difference between the two groups in two selected schools.
There was a significant difference between the two groups in two selected
schools for argumentative level questions. On the overall Myanmar
achievement scores, there was a significant difference between two groups in
all selected schools.
Generalization can be drawn on the basis of the results of research
findings. In terms of the statistical results, students’ performance had
significant difference on the overall Myanmar achievement. It can be
concluded that teaching Middle school Level Myanmar writing by using
indirect instruction increase students’ Myanmar achievement, encourage
students’ higher level thinking skills and help them improve their writing
skills.
85
Acknowledgements
I am greatly indebted to Rector Dr. Aung Min, Yangon Institute of Education, and
Pro-rector Dr. PyayThein, Yangon Institute of Education for their administrative support that
assisted greatly in the preparation for this study. I would like to express my gratitude and
special thanks to Dr. SoeThan (Professor and Head of Department, Methodology Department,
Yangon Institute of Education) for his permission to present this paper. I would like to
acknowledge the special contributions, suggestions and guidance of U ThanHtut, Retired
professor and Head of Methodology Department, Yangon Institute of Education.
I wish to express my deepest appreciation to my supervisor Daw Yi Yi Lynn,
Lecturer of Methodology Department, Yangon Institute of Education, for her great support,
encouragement and guidance in conducting this study. I would like to express my heartfelt
gratitude to U Myo Win (Lecturer, Methodology Department, Yangon Institute of Education,
Member of Board of Examiners) for his precious advice and editing on my paper. I owe a
debt of gratitude to Dr. Wai Wai Oo, Assistant Lecturer, Methodology Department, for her
encouragement and guidance throughout this study period. I wish to express my sincere
thanks to Dr. Naing Naing Thein, Assistant Lecturer, Methodology Department, Sagaing
Institute of Education, for her suggestion and guidance. I also wish to express my sincere
thanks to U Khing Zaw Oo, Assistant Lecturer, Methodology Department, for his
encouragement and suggestion.
I would like to thank all the teachers and my colleagues who gave me
encouragement and various provisions. I would like to extend my thanks to the librarians and
staffs of the libraries of Yangon Institute of Education and University of Distance Education
for their helps in finding the essential printed materials. Last but not least, the greatest
appreciation and invaluable thanks are dedicated to my uncles and my brother for their
wisdom, understanding and sacrifice in helping me to pursue my studies.
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The Inquiry-based Learning Performance Model in Support of Students’
Science Learning
Ma Kyi Swe
Abstract
The primary purposes of this study are to develop the Inquiry-based
learning performance model and to investigate its effectiveness and to find
out its practical application in Grade (9) students’ science learning. In
Inquiry-based learning, students use their own thinking skills to make their
own generalizations or conclusions and they are actively involved in
generating “knowledge” in forms that are meaningful to them. Therefore,
the Inquiry-based learning performance model was developed based on
cognitive, behavioral and constructivist learning theories. The effectiveness
and applicability of the Inquiry-based learning performance model were
tested in five Basic Education High Schools. Both quantitative and
qualitative methods were used. The scores obtained from the effectiveness
of the Inquiry-based learning performance model were higher than those
from the traditional method of teaching. Examination of the means and t test
(t=6.25, df=62, MD=12.06 p<0.001) indicated that there was a significant
difference between the two groups. Students and teachers agreed that they
became more confident in teaching and learning science. Thus, the Inquirybased learning performance model has been proved to be effective in
Myanmar classrooms and it is believed that this model of teaching will
contribute to optimalize success in teaching and learning science.
Key words: attitude; inquiry-based learning performance
model; student
participation
Introduction
Science is a systematic inquiry about natural phenomena. The broad
aim of learning science is developing an inquiring mind and a scientific
approach to problems. Inquiry-based learning is a process that students can be
encouraged to develop their thinking skills. Myanmar is a developing country
that has many difficulties and issues for building a modern developed nation.
One of the factors that can help to overcome such a situation is to nurture they
youths to be able to do Inquiry-based learning. Inquiry-based learning takes
students to new levels of awareness and involvement in science. Moreover,
students need to develop critical thinking and creative thinking. In Inquirybased learning, students use their own thinking skills to make their own
generalizations or conclusions. It is the synthesizing of critical and creative
aspects of the mind, which helps students to have reasoning ability. The
Assistant Lecturer, Dr, Department of Methodology, Yangon Institute of Education
88
development of thinking and reasoning ability is an important objective of
education. If they have such reasoning ability, they can solve problems
successfully in their lives. Thus, it is necessary to do research on Inquirybased learning with Myanmar teachers and students in the field of science
education.
Aims of the Research
The fundamental aims of the research are:
1. To develop the Inquiry-based learning performance model
2. To explore the effectiveness of the Inquiry-based learning performance
model and
3. To find out the practical application of the inquiry-based learning
performance model.
Research Hypotheses
1. There is a significant difference in the achievement of learning science
of Grade (9) students who receives instruction through the steps of
Inquiry-based learning performance model and those who are taught
traditional instruction by the researcher.
among Grade (9) students who are taught by the science teachers in
line with the steps of Inquiry-based learning performance model and
those who receive traditional instruction.
of Grade (9) students who receives instruction through the steps of
Inquiry-based learning performance model and those who receive
traditional instruction by strata in Yangon Region.
Theoretical Consideration
The Inquiry-based learning performance Model is supposed on the ideas
of many in building the theoretical basis for an effective science learning
performance model. It includes the works of Dewey, Burner, Gardner and
Bloom.
Dewey supposes that education begins with the curiosity of the leaner,
using a spiral path of inquiry, asking questions, gathering information,
discussing experiences, investigating solutions, and creating and reflecting
new knowledge (Sang, 2003).
89
Burner illustrates his view of principles of constructivist learning:
Instruction must be concerned with the experiences and contexts that make the
students willing and able to learn (readiness). Instruction must be structured so
that it can it can be easily grasped by the student (spiral organization).
Instruction should be designed to facilitate extrapolation and or fill in the
gaps. A major theme in the theoretical framework of Bruner is that learning is
an active process in which learners construct new ideas or concepts based
upon their past knowledge (Bruner, 1977).
Gardner asserts intelligence as the capacity to solve problems or to fashion
products that are valued in one or more cultural settings. Multiple
intelligences initially consisted of eight dimensions of the intelligence (visual/
spatial intelligence, musical intelligence, verbal/ linguistic intelligence,
logical/ mathematical intelligence, interpersonal intelligence, intrapersonal
intelligence bodily/ kinesthetic intelligence and naturalist intelligence) (1983,
cited in Pirozzo, 2007).
Bloom’s taxonomy is very useful in planning students' learning outcomes
at six different thinking levels ranging from knowing to Evaluating (Bloom,
Engelhart, Furst, Hill & Krathwohl, 1956).
Inquiry-based learning is processes where students involve in their
learning formulate questions investigate widely and then build new
understandings, meaning and knowledge. That knowledge is new to the
students and may be used to answer a question, to develop a solution or to
support a position or point of view.
Developing Inquiry-based Learning Performance Model
Dick and Carey (1985, cited in Gagne, Briggs & Wager, 1988, p.22)
developed the systems approach model for designing instruction. Moreover,
Vern S. Gerlach and Donald P. Ely (1989, cited in Seels & Glasgow, 1990)
developed an instructional design model. Considering these, Inquiry-based
learning performance model was developed based on cognitive, behavioral
and constructivist learning theories. Its goal is to develop reasoning ability and
critical thinking. This model has been developed to be used with flexibility in
the Basic Education Middle School Level science learning. The description of
Inquiry-based learning performance model is presented as follows.
1. Suitable content
2. Instructional goal
90
3. Performance objective
4. Preparing test items
5. Preliminary evaluation
6. Analysis of individual differences
7. Instructional procedure
(a) Identifying a problem
(b) Collection data
(c) Students’ performance
(1) Minds-on and hands-on learning activities
(2) Instructional materials
(d) Interpreting data
(e) Generalization
8. Summative evaluation
9. Feedback
1. Suitable Content
A teacher decides which topic provides the best opportunities for Inquirybased learning. Moreover, the teacher makes a list of generalizations or main
concepts. The teacher can change his or her list of generalizations as needed to
match what the teacher finds in the chapter if he/she wants to stick closely to
the textbook’s contents.
2. Instructional Goal
The main purpose of an instructional goal is to develop reasoning ability
and critical thinking. These skills can be taught and enhanced through Inquirybased learning. A teacher’s instructional goal is to provide the best materials
and learning situations to make learning individually meaningful for each
student.
3. Performance Objective
A teacher needs to identify the performance objective. The achievement of
performance objective can be assessed from the changes of students’ behavior
through their learning activities and their test scores.
91
4. Preparing Test Items
The teacher sets test items. The teacher must evaluate whether or not the
student has an acceptable scientific concept and simply attempts to establish
what the student’s ideas are. Teachers can ask not only what happened but
also “how” and “why” to evaluate developing critical thinking. How-questions
require greater Inquiry-based learning because they usually use some process.
Why-questions are the most difficult to answer. They rarely have a final
answer, and each successive answer leads to another, more fundamental
question.
5. Preliminary Evaluation
Preliminary evaluation is used to find out which knowledge and skill
students understand and can use, and then to build on these strengths during
the Inquiry-based learning. It allows teachers to track students’ needs, while
providing a basis for lesson planning, instructional modification and
reflection. It is also based on a set of beliefs about the kind of task or situation
that will prompt students to do something.
6. Analysis of Individual Differences
Before implementing Inquiry-based learning activities with students, a
teacher must investigate the individual differences. Investigation for
individual differences provides the foundation for thinking about what
students already know, what they want to know and what they need to know.
Students differ according to their physical, social, emotional and mental
ability. Some have exceptional abilities and talents while others have
exceptional needs.
7. Instructional Procedure
The instructional procedure is a key to success for teachers. In an Inquirybased learning classroom, students are often out of their seats, examining
items, collecting data and talking with one another. It is important to help
them effective interaction skill. It includes having whole-class discussion on
working together productively, assigning students different roles (i.e. one
collects, one records the data) and calling timeouts to assess everyone’s
progress during an investigation.
(a) Identifying a Problem
In Inquiry-based learning, it begins with asking or framing an essential
question. An essential question is defined as a question that requires students
92
to make a decision or to carry out the minds-on and hands-on learning
activities. After the essential question has been framed, he or she writes
foundation questions. The foundation questions are directly listed below the
essential question and serve to do. Foundation questions are very important;
they provide path to the Inquiry-based learning investigation so that students
know what they need to do. Students need to consider the problems or issues
by themselves. Identifying a problem includes activities designed to: Generate
interest, Establish current experiences, Draw on prior knowledge and Define
possible aspects for investigation.
(b) Collecting Data
Students observe phenomena and gather data on their own. They seek to
collaborate and work cooperatively with peers and the teacher. The collection
of data is not an end in itself, but a means towards improving understanding
concepts. Students record observations and data, working either individually
or in small groups. The teacher goes from group to group, asking each
question about their collections. Therefore, the teacher can understand their
thinking and explanations. The teacher keeps notes on each group and records
their responses to questions and any misconception that he or she detects.
(c) Students’ Performance
Students gather information and work out what they need to understand
and do. They find something out for themselves rather than being told by the
teacher. They have time to think about the observation and to discuss other
students. Discussions help current false beliefs and prevent the construction of
new misconceptions.
(1) Minds-on the Hands-on Learning Activities
The use of minds-on and hands-on activities in the classroom improves a
student’s making sense of the world and developing scientific concepts.
Example of minds- on learning activity is drawing concept maps. Hands-on
learning activity is particularly well-suited to collaborative learning
environments and team projects. They are based on experiences gained
through the senses. The teacher limits the scope of the activity in terms of
time, content selection and end products.
(2) Instructional Materials
Instructional materials are learning tools for the teacher and students. The
teacher selects appropriate instructional materials and plans for their use.
93
Museum, Library, Science magazines, Science program video and the Internet
provide students with access to outside instructional materials. Students can
carry out using instructional material as a tool for applying content knowledge
in authentic contexts. The teacher goes to students to discuss how they will
carry out the activities by using instructional materials.
(d) Interpreting Data
Data and information are to be interpreted by students and the teacher. The
teacher asks open-ended questions such as “How do you know? And how
does your data support generalization?” in order to encourage further probing
and investigation. The interpretation expresses how the observations from a
given task constitute evidence about the performance being assessed as it
bears on the targeted knowledge. It is only sensible to look for evidence one
knows how to reason from or interpret.
(e) Generalization
Drawing generalization requires students to express their understandings
and communicate with others. They make connections to previous ideas. They
may synthesize what they have found into generalization which can be used to
decide on possible solutions. They use their own thinking skill to make
generalization. The teacher helps them to decide how to do the generalization.
8. Summative Evaluation
Summative evaluation is used by the teacher and students mainly to assist
Inquiry-based learning, but also to gauge students’ achievement. Summative
evaluation assesses both the content and the process of the Inquiry-based
learning activities. The teacher can identify students’ existing knowledge and
ensure that their thinking is sufficiently challenged during their investigations.
9. Feedback
Feedback is essential to guide, test, challenge, or redirect the learner’s
thinking. Inquiry-based learning involves the students in thinking about
scientific concepts and how new information fits or does not fit with what the
students already know about the world. The teacher needs to consider how
students achieved what she set out to do. If a student draws incorrect
conclusion or misinterpret information, the teacher will ask question to
redirect the student to a more accurate path of Inquiry-based learning.
94
Research Methods
Both qualitative and quantitative research methods were used in this study.
Qualitative Research Method
Qualitative data were collected on 22nd June, 2009 in Mandalay Region,
23 June, 2009 in Sagaing Region and 19th October, 2009 in Yangon Region
by using Interviews. Interviews ranged from 35 minutes to 50 minutes for
each science teacher. The sample size (or) the number of science teachers
from Yangon, Mandalay and Sagaing Regions is presented as follows.
rd
Table 1. The Sample Size from Yangon, Mandalay and Sagaing Regions
Division
School
Yangon
3
Mandalay
1
Sagaing
1
Total
5
Quantitative Research Method
No. of Teachers
3
1
1
5
Experimental research was used to compare student’s science achievement
between two groups: Experimental group and Control group. The sample for
the experimental design was selected from the (3) high schools in Yangon
Region. There are (33) townships in the Yangon Region. These townships
were stratified into (a) Inner city (b) Outer-suburb and (c) Satellite. Among
them, (3) townships were randomly selected from different strata. Moreover,
the sample chosen for the present study includes a high school in Mandalay
Region and a high school in Sagaing Region. In this study there were
altogether (5) schools from Yangon, Mandalay and Sagaing Regions. The
school, and sample size are described as follows.
Table 2. Population and Sample Size in (2009-2010) Academic Year
Region
School
Student
Participant
Yangon
Latha BEHS(1)
182
46
Yangon
Latha BEHS(1)
678
68
Yangon
546
64
Mandalay
Shwepyithar
BEHS(3)
Myitnge BEHS
513
80
Sagaing
Sagaing BEHS (3)
220
90
95
Table 3. Population and Sample Size in (2010-2011) Academic Year
Region
School
Student Participant
Yangon
Latha BEHS(1)
196
70
Yangon
Latha BEHS(1)
662
70
Yangon
Shwepyithar
BEHS(3)
676
70
Mandalay Myitnge BEHS
443
80
Sagaing
280
80
Sagaing BEHS (3)
Findings, Interpretations and Suggestions
Qualitative Research Finding
The sample chosen for the present study consisted of (5) science teachers
from (65) selected schools in Yangon, Mandalay and Sagaing. They have at
least (25) years’ experience in science teaching. They were all over (40) years
old. They took the degree in science such as chemistry, / physics/ and botany.
Demographic Information about the teachers is as follows.
Table 4. Demographic Information of Teachers by Gender, Age, Science
Teaching
Service, Qualification and Designation
Science
Gender
Science
Teacher
Age
Teaching
Service
Qualification
Designation
Training
Male
1
>40
>25
BSc
JAT
PAT, JAT
Female
4
>40
>25
BSc
JAT
PAT, JAT
Quantitative Research Findings
The Effectiveness of Inquiry-based Learning Performance Model
A study was designed to test the effectiveness of Inquiry-based learning
performance model, which was used in schools for three periods of two weeks
(from 22nd June to 7th July, 2009 in Mandalay Region and Sagaing Region,
96
from 19th October to 30th October, 2009 in Yangon Region). In terms of the
scores of the placement test, the students were randomly divided into two
groups: Experimental group and Controlled group. On 22nd June 2009, the
lesson (Acid, Base and Salts – chapter 3) was taught to two groups in
Mandalay Region and Saging Region. On 19th October 2009, the lesson
(Energy and Work-chapter 4) was taught to two groups in Yangon Region.
The data from the post –test were recorded systematically. Then the data were
analyzed using the independent samples t tests to describe the effect of using
Inquiry-based learning performance model. The results of the t test, the mean
scores, standard deviations and mean differences of both groups are presented
as follows.
Table5. Mean, Standard Deviations, and t – test for Experimental and
Control Groups from Yangon Mandalay and Sagaing in (20092010) Acadmic Year
Standard
Mean
Deviations
Difference
School
Group
N
Mean
Latha
Experimental
23
40.26
5.52
BEHS (1)
Control
23
23.65
6.31
Insein
Experimental
34
40.88
5.36
BEHS (1)
Control
34
35.18
5.77
Shwephithar
Experimental
32
42.28
9.44
BEHS (3)
Control
32
30.22
5.45
Myitnge
Experimental
40
37.05
11.16
BEHS
Control
40
25.43
11.34
Sagaing
Experimental
45
32.55
7.21
BEHS (3)
Control
45
16.02
4.44
Sig
t
df
(2
tailed)
16.61
9.497
44
**0.000
5.7
4.22
66
**0.000
12.06
6.25
62
**0.000
11.62
4.62
78
**0.000
16.53
13.1
88
**0.000
Note: **p < .001
In Latha BEHS (1), results showed that the mean score of experimental
group is higher than that of the control group. Examination of the means and t
test (t = 9.497, df =44, MD=16.61 p < 0.001) indicated that there was a
significant difference between the two groups. Thus, it can be said that the
scores obtained from the application of the Inquiry-based learning
97
performance model are higher than those from the traditional method of
teaching.
In Insein BEHS (1), results revealed that the mean score of experimental
group is higher than that of the control group. The finding of the post-test (t =
4.22, df = 66, MD=5.7, p<0.001) showed a significant difference between the
two groups. Therefore, it can be said that the experimental group performed
better than the control group.
In Shwepyithar BEHS (3), results indicated that the mean score of
experimental group is higher than that of the control group as well. The tvalue proved that there was a significant difference between the two groups. (t
= 6.25. df= 62, MD = 12.06, p < 0.001) (see Table 5). Thus, it can be said that
the achievement score of the students taught by using the Inquiry-based
learning performance model are higher than those who are taught by using the
traditional method.
In Myitnge BEHS, results showed that the mean score of experimental
group is higher than that of the control group (t = 4.62, df = 78, MD=11.62,
and p < 0.001) (see Table 5). Therefore, it can be said that the scores obtained
from the application of the Inquiry-based learning performance model are
higher than those from the traditional method.
In Sagaing BEHS (3), results also described that, statistically the mean
score of experimental group is significantly higher than that of the control
group. The finding from the post-test (t=13.1, df=88, MD=16.53, p<0.001)
proved that a significant difference between the two groups was found. Thus,
it can be said that the scores of the group using the Inquiry-based learning
performance model are higher than those obtained from the group of
traditional method.
Practical Application of the Inquiry-based Learning Performance Model
Inquiry-based learning performance model was used in schools for a
period of one month (from 21st August to 21st September, 2010 in Mandalay,
Sagaing and from 7th September to 7th October, 2010 in Yangon). According
to the scores of the placement test, the students were randomly assigned into
two groups: Experimental group and Control group. The lesson (Acid, Base
and Salts-chapter 3) was taught by two science teachers in Mandalay and
Sagaing Region. The lesson (Energy and Work-chapter 4) was taught by three
science teachers in Yangon Region. The data from the post-test were record
98
systematically. Then, the data were analyzed using the ANOVA to explore the
differences in the student’s mean scores in terms of locality (see Table 6).
Table 6. Means and Standard Deviation by Strata in (2010-2011)
Academic Year
Strata
N
Mean
Std. Deviation
Inner Ctiy
35
55.83
12.2
Outer-Suburb
35
54.11
8.49
Satellite
35
46.46
8.65
The result showed that there were differences in means and standard
deviation by strata; inner city, outer-suburb and satellite. Mean Comparison of
posttest score is presented as follows.
Table 7. Means Comparison of Posttest Scores by Strata in (2010-2011)
Academic Year
Sum of
Square
df
Mean
Square
Between
Groups
1742.933
2
871.467 8.838
Within Groups
10057.200
102
Total
11800.133
104
Groups
F
Sig.
**0.000
98.600
The ANOVA result mentioned that there were significant differences in
terms of the locality of the school (F (2,102) = 8.838, p < 0.001). It can be
said that students’ achievement scores are different in terms of the locality of
the schools.
99
Table8. Mean, Standard Deviations, Mean Differences and t- test for
Experimental and
Control Groups in Mandalay and Sagaing Regions in (2010-2011)
Standard
Mean
Deviations
Difference
68.30
9.81
40
61.32
7.00
Experimental
40
67.83
10.08
Control
40
63.30
6.38
School
Group
N
Mean
Myit
nge
Experimental
40
Control
Sagaing
BEHS
(3)
BEHS
Sig
t
df
6.98
3.66
78
**0.000
4.53
2.399
78
**0.019
(2 tailed)
Note: **p < .001, *p< .05
In Myitnge BEHS, results showed that the mean score of experimental
group is higher than that of the control group. The finding for posttest (t =
3.66, df = 78, MD = 6.97 p<0.001) indicated that there was a significant
difference between the two groups. Thus, it can be said that the scores
obtained from the application of the Inquiry-based learning performance
model are higher than those from the traditional method of teaching.
In Sagaing BEHS (3), results also indicated that the mean score of
experimental group is higher than that of the control group. Thus t –value
proved that there was a significant difference between the two groups. (t =
2.399, df = 78, MD = 4.53, p < 0.05) (see Table 8). Thus, it can be said that
the average scores of the students for the application of Inquiry-based learning
performance model are higher than those obtained by using the traditional
method.
Interpretation
It was evident that the effect of Inquiry-based learning performance model
is significant. The applicability of Inquiry-based learning performance model
is satisfactory because every experimented group performed far better than
every controlled group in the study.
However, students’ related factors such as socio-economic background,
family support, intellectual aptitude, personality and self-confidence …etc,
may influence either positively or negatively on students’ academic outcomes.
Generally, the students in satellite are from the school environment that
100
classrooms are over-crowded. The facilities in these schools are inadequate
and so it becomes impossible for good teaching and learning to take place.
Therefore, the findings of the post-test showed that student’s achievement
scores are different in terms of locality (as shown in Tables 6 and 7) (Inner
city > outer – suburb > satellite). The quality of a teaching learning strategy
depends not only on its inherent characteristics but also on the context and
manner in which it is implemented. Importantly, teachers have to learn and be
familiar with the skills of using Inquiry-based learning performance model
accordingly.
Suggestions
A teacher’s classroom performance is one aspect of professional work.
Teaching includes decision making that goes beyond the selection of the
appropriate teaching skills. Teachers must develop teaching procedures which
not only transmit information but also encourage students to learn
independently. In using Inquiry-based learning performance model, teachers
must consider three sets of factors that may influence their teaching.
One set consists of the teacher’s abilities, and how to plan the learning
activities. Learning activity can help students to improve their concept
understanding, acquisition of knowledge, the encouragement of thinking and
the increasing of social and academic skills.
A second set involves the teacher’s experience in education. This set
includes how the teacher has been taught, how he/ she prefers to be taught,
how he/she prefers to teach, his / her knowledge of subject matter and
pedagogical preparation.
A final set of factors affecting teaching derives from the context of setting
in which the teacher teaches. Context is determined by the kinds of students,
individual differences and class size, availability of instructional equipment
and material, time available for instruction, the nature of lesson and the
dominant views about the best way to teach. Teachers are usually very clear
about these differences as they are faced day by day with the equally starting
differences in what students know and can do how rapidly they learn.
Moreover, the most important fact depends not only on the intellectual and
emotional development of the students included, but also on the nature of the
subject matter and the objective that the teacher and the students want to
attain. Doing laboratory activities, making hands-on and minds-on science
learning activities and engaging in lively classroom discussions of scientific
101
data are very important. In the classroom discussion, teachers normally initiate
through asking questions. The types of questions teachers use to structure the
teaching skills play an important role in (1) the kinds of thinking skills
learners employ; (2) the range of information to be covered; and (3) the
thinking skills they may learn.
If teachers have a solid background in sciences content, they may feel
confident in using Inquiry-based learning performance model. It is important
to have an understanding of science content, but is deciding how to find
information is also important. Attending workshops, taking science courses,
watching science television programs and accessing online science
information are all excellent ways to build content knowledge. During the
Inquiry-based learning, the teacher guides students, instead of leading them
and becomes a facilitator. If the teacher gives careful thought up-front to
gathering necessary resources and determining the nature and order of the
activities, a lot of time is not needed. Moreover, the teacher can make it easier
to spend time gauging student’s levels of content knowledge at the start of the
lesson.
Therefore, pedagogical training courses and workshops for science
teachers should be conducted every year. Networking should be set with
educational developers nationally and internationally so that teachers will
become knowledgeable and skillful in understanding science concepts and the
natural world.
Conclusion
Science teachers should help students construct their knowledge with an
emphasis on Inquiry-based learning. Inquiry-based learning emphasizes that
students have to build their own scientific knowledge and understanding.
Students should investigate environmental science problems and report by
group. Students have an opportunity to discuss the idea in the investigation
with the teacher and with each other. They should ask questions and offer
answers. They need to interpret new knowledge in the context of what they
have already understood. Each student must build his own understanding and
meaning from the experiences he has. The task of teachers is to help students
to use all their experiences in their Inquiry-based learning.
Science teachers should prepare, organize and have a direction and
purpose for their teaching. There things: Time, Experience and Preparation
will increase the effective teaching. Science teachers are responsible for
102
developing students’ scientific understandings and skills; observing,
classifying, measuring, communication, inferring and experimenting. Thus,
teachers should fundamentally understand the Inquiry-based learning
performance model to learning and instruction. If they actually understand this
model, they can easily use it. In addition, teachers need to capitalize on
opportunities in the activities normally done in the classroom.
Acknowledgements
I would like to express my respectful thanks to Dr. Aung Min (Rector, Yangon, Institute
of Education), Dr. Khin Zaw (Retired Rector, Yangon Institute of Education), Dr. Htoo Htoo
Aung (Retired Pro-Rector, Yangon Institute of Eduation), Dr. Lwin Lwin Soe (Pro-Rector,
Yangon University of Foreign Language), Dr. Myo Tint (Retired Pro-Rector, Yangon
Institute of Eduation), and Dr. Pye Thein (Pro-Rector, Yangon Institute of Education) who
gave me their permission to do this dissertation and provided me with valuable suggestions
during this study. I am greatly indebted to my supervisor, Dr. Soe Than (Professor & Head,
Department of Methodology, Yangon Institute of Education) for his expert advice, thorough
supervision, valuable guidance, editing and reviewing my dissertation to complete
successfully.
References
Bloom, B.S., Engelhart, M.D., Furst, E.J., Hill, W.H., & Krathwohl, D.R.(1956). Taxonomy of
Educational Objectives: Classification of Educational Goals. Handbook 1:
Cognitive Domain. New York : Mc Kay.
Bruner, J. (1977). The Process of Education : A Landmark in Educational Theory. London:
Harvard University Press.
Gagne. R.M, Briggs, L.J. & Wager, W.W.(1988). Principles of Instructional Design. Orlando,
Florida: Holt, Rinehart and Wiston, Inc.
Pirozzo, R. (2007). Improving Thinking in the Classroom. Australia : Hawker Brownlow
Education.
Sang, M.S.(2003). An Educational Course for K.P.L.I.: Student Development, TeachingLearning Process & Evaluation Theme 2. Kampulan Budiman : Subang
Jaya.
Seels. B. & Glasgow, Z. (1990). Exercises in instruction Design. Columbus, Ohio: Merrill
Publishing Company.
103
Appendix(A)
104
Appendix(B)
Sample Lesson (1)
1. Suitable Content
Chapter (3) Acids, Bases and Salts. This research was
conducted in Mandalay and Sagaing Divisions.
2. Instructional Goals
To improve reasoning ability and critical thinking by finding
out the properties of acids and bases in the substances
To improve reasoning ability and critical thinking by observing
how salt affects things that float in water.
3. Performance Objectives
To observe similarities and differences in the properties of
acids and bases
To differentiate the properties of organic acids and inorganic
acids
To find out conditions that can produce or change properties.
To illustrate how salt affects things that float in water and their
real examples
A total of (25) test items has been developed. Test items were
based on three chapters from Grade (9) general science text book.
They involved (8) comprehension level items, (7) application level
items, (3) analysis level items, (3) synthesis level items and (4)
evaluation level items. Test items were constructed in accordance with
the advice and guidance of the thesis supervisor and an expert teacher
in the field.
(a) Validation of Test Items and Conducting Pilot Testing
Two expert teachers in the field were asked to examine a pool
of (25) items and rate each on its representativeness, relevance and
clarity. Pilot testing was conducted in November, 2008 with (30)
Grade (9) students. U-L Index method (Stocklein, 1957, cited in
105
Sevilla, et.al. 1992) is appropriate to determine the test item whether it
is suitable or not.
Where:
Df
=
Pu +P
l
2
Df
=
difficulty index
=
Proportion of the Upper 27
Pu
percent group who got the
item right
Pl
=
Proportion of the lower 27
item right
Moreover, it is computed discrimination index of each item
using the formula.
Ds
Ds
=
Pu - Pl
=
discrimination index
Items with difficulty indices within 0.2 to 0.8 and
discrimination indices within 0.3 to 0.8 are retained.
A preliminary evaluation was made for grouping students.
These test items were constructed based on two chapters from the
Grade (9) general science text book. They included (5) comprehension
level items, (3) application level items, (2) analysis level items, (2)
synthesis level items and (3) evaluation level items. This preliminary
evaluation was made to ensure that students have certain basic science
knowledge.
A teacher needs to match what is taught with the students’
interest and developmental levels. Each student is individually
interviewed by the teacher.
1. What is your favourite hobby?
106
2. Do you enjoy participating in discussions, speaking and
debates (never, seldom, sometimes, often and always)?
3. Do you enjoy performing science experiments (never, seldom,
sometimes, often and always)?
4. Do you enjoy classifying plants and animals (never, seldom,
5. Do you enjoy creating computer programs (never, seldom,
6. Do you enjoy designing diagrams and concept map (never,
seldom, sometimes, often and always)?
7. Do you enjoy building and repairing models and crafts (never,
8. Do you enjoy working with others (never, seldom, sometimes,
often and always)?
9. Do you enjoy debating controversial issues (never, seldom,
10. Do you enjoy having the opportunity to choose the activities
that you would like to do (never, seldom, sometimes, often and
always)?
11. Do you enjoy establishing a small garden (never, seldom,
12. What do you want to learn next?
The teacher introduces students by asking questions based on
the expected generalization. The teacher relates the lesson to students’
experiences and current understandings. The teacher stimulates
students’ desire to learn. Students’ responses and questions give the
teacher insight into what the students already know about the lesson to
study and their misconceptions as well.
Three problems such as exploring the Properties of Acids for
the first group, finding out the Properties of Bases for the second
group and how salt affects things that float in water for the third group
107
of the students were identified. The experiment was conducted in
Mandalay and Sagaing Divisions.
Exploring the Properties of Acids (the first group)
(1) Can you find other materials in real life that behave the same
way as the acids?
(2) Can you explore the properties of acids? (3) Can you
differentiate the properties of organic acids and inorganic
acids?
Finding out the Properties of Bases (the second group)
(1) Can you find other materials in real life that behave the same
way as the bases?
(2) Can you explore the properties of bases?
(3) Can you differentiate the strong alkali and weak alkali?
How Salt Affects Things That Float in Water (the third group)
(1) What kinds of objects float?
(2) What kinds of objects sink?
(3) How can you find out which small objects will float?
(4) What can you do to sink the objects that float?
(5) What can you do to float the objects that sank?
(6) Can you tell, just by looking at an object, if it will float in
water?
(7) In what ways can you get a piece of foil to float?
(8) Can you make a foil boat?
(9) In what ways can you get a piece of foil to sink?
(10) How can you get a piece of clay to float?
(11) Can you make a clay boat the same size as your foil boat?
(12) How do your boats work in saltwater?
(13) Can they carry more weight?
108
(14) Can you find anything that will float in freshwater and sink in
salt water?
(b) Collecting Data
Students collect the data in terms of their problems.
Students observe sour taste fruits such as lemon fruit by
touching with the blue litmus. The students find out depending on
litmus whether the substances are acids or bases. They use all their
senses to investigate the substances.
Students investigate bitter taste fruits such as bitter-gourd fruit
by touching with the red litmus. The students find out depending on
litmus whether the substances are acids or bases. They use all their
senses to investigate the substances.
A plastic bowl is half-filled with water.
Small objects such as a piece of wood, pencils, keys, marbles,
plastic objects, a piece of leather, rubber erasers and small toy figures
are classified by students. Those things are put according to the
students’ expectation that they would float, into one group. And, those
things are put, according to the students’ expectation that they would
sink, into another group. The first group of objects is placed into the
water. Students observe what happens, and then remove the objects.
Students do the same thing with the other group of objects.
Students discuss according to their findings by group in class.
Then, they also record their findings and opinions.
Students record the substances being properties of acids. They
develop concept maps concerning acids’ properties.
109
Students record the substances being properties of bases. They
develop concept maps concerning bases’ properties.
Students list the items that can float in saltwater and cannot
float in freshwater. Students enumerate the items that can float in
freshwater and sink in saltwater.
(1) Minds-on and Hands-on Learning Activities
Students are divided into three groups. Each group has at least
thirteen students. Exploring the Properties of Acids for the first group,
finding out the Properties of Bases for the second group and how salt
affects things that float in water for the final group are prepared.
The teacher introduces each of the main parts of the lesson to
students and move smoothly into each accompanying set of activities.
Sour taste fruits, bitter taste fruits, blue litmus and red litmus.
Plastic bowls, water, salt, small objects to test, ruler, clay,
spoon, and paper.
The teacher guides students to be able to connect existing
knowledge with the new concept.
Classification – Students compare the substances and other
materials in an attempt to classify them according to the acids’
properties.
Classification – Students compare the substances and other
materials in an attempt to classify them in terms of bases’ properties.
Students interpret from the collected data about why objects
float or sink. It is important for the teacher to identify students’
110
interpretations. The students could even test several objects and make
a list of which ones float or sink. It is important for the teacher, as a
facilitator to build the foundation by making the connections between
the activities and the students’ everyday lives.
(e) Generalization
The results should then be generalized with the active
participation of the students.
An acid is a substance which gives hydrogen ions when
dissolved in water. In general, acids show the following
characteristics:
(1) Acids possess a sour taste.
(2) Acids turn blue litmus red, methyl orange pink and
phenolphthalein colourless.
(3) Hydrogen is evolved when certain metals react with acids.
(4) Many acids displace carbon dioxide gas from carbonates.
(5) They react with basic oxides to form salts and water.
Any such substance which gives hydroxyl ions (OH) on
dissolving in water or react with acids to form a salt and water is called
base. A base which is highly soluble in water is called an alkali. In
general, bases show the following characteristics:
(1) They produce hydroxyl ions in solution and the strength of
a base depends upon its degree of ionization.
(2) Strong bases possess a bitter taste and soapy touch.
(3) They turn red litmus blue and phenolphthalein pink.
(4) Bases react with acids to form salts.
Students would construct the notion that objects that are denser
than water will sink in water and those that are less dense than water
111
will float in water. Moreover, Objects that are light for their size float
and adding salt to the water makes floating easier.
Exposure to the Inquiry-based learning performance model is
given to the experimental group and exposure to the traditional method
is given to the control group simultaneously. Then, each group is
measured with summative evaluation (a posttest) to compare students’
achievement.
In the minds-on and hands-on learning activities, for
summative evaluation, there are (5) students in each small group.
Then, they are asked to develop concept maps on paper. The concept
map is an excellent means to evaluate conceptual understanding. After
that, they are tested for one hour by using a science Inquiry-based
learning activity record.
9. Feedback
If students form misconceptions during investigation, the
teacher asks questions to redirect the students to a more accurate path
of Inquiry-based learning.
Sample Lesson (2)
1. Suitable Content
Chapter (4) Energy, Transformation of Energy. The experiment
was conducted in Yangon Division.
2. Instructional Goals
To improve reasoning ability and critical thinking by building a
series circuit and parallel circuit
To improve reasoning ability and critical thinking by exploring
transformation of energy in real life
3. Performance Objectives
To enable the students to construct a series circuit
To enable them to create a parallel circuit
To investigate the changing forms of energy in real life
To explain the transformation of energy with suitable examples
112
A total of (42) test items has been developed. Test items were
based on four chapters from Grade (9) general science text book. They
involved (12) comprehension level items, (12) application level items,
(5) analysis level items, (5) synthesis level items and (8) evaluation
level items. Test items were constructed in accordance with the advice
and guidance of the thesis supervisor and an expert teacher in the field.
(a) Validation of Test Items and Conducting Pilot Testing
Two expert teachers in the field were asked to examine a pool
of (42) items and rate each on its representativeness, relevance and
clarity. Pilot testing was conducted in November, 2008 with (40)
Grade (9) students. U-L Index method (Stocklein, 1957, cited in
Sevilla, et.al. 1992) is appropriate to determine the test item whether it
is suitable or not.
Where:
Df
=
Pu +P
l
2
Df
=
difficulty index
=
Proportion of the Upper 27
Pu
item right
Pl
=
Proportion of the lower 27
item right
Moreover, it is computed discrimination index of each item
using the formula.
Ds
Ds
=
Pu - Pl
=
discrimination index
Items with difficulty indices within 0.2 to 0.8 and
discrimination indices within 0.3 to 0.8 are retained.
A preliminary evaluation was made for grouping students.
These test items were constructed based on three chapters from the
113
Grade (9) general science text book. They included (8) comprehension
level items, (7) application level items, (3) analysis level items, (3)
synthesis level items and (4) evaluation level items. This preliminary
evaluation was made to ensure that students have certain basic science
knowledge.
A teacher needs to match what is taught with the students’
interest and developmental levels. Each student is individually
interviewed by the teacher.
1. What is your favourite hobby?
2. Do you enjoy participating in discussions, speaking and debates
(never, seldom, sometimes, often and always)?
1. Do you enjoy performing science experiments (never, seldom,
2. Do you enjoy classifying plants and animals (never, seldom,
3. Do you enjoy creating computer programs (never, seldom,
4. Do you enjoy designing diagrams and concept map (never,
5. Do you enjoy building and repairing models and crafts (never,
6. Do you enjoy working with others (never, seldom, sometimes,
often and always)?
7. Do you enjoy debating controversial issues (never, seldom,
8. Do you enjoy having the opportunity to choose the activities
that you would like to do (never, seldom, sometimes, often and
always)?
9. Do you enjoy establishing a small garden (never, seldom,
10. What do you want to learn next?
114
The teacher introduces students by asking questions based on
the expected generalization. The teacher relates the lesson to students’
experiences and current understandings. The teacher stimulates desire
to learn. Students’ responses and questions give the teacher insight
into what the students already know about the lesson to study and their
misconceptions as well.
Three problems were identified such as Constructing Series
Circuits for the first group, Constructing Parallel Circuits for the
second group and Transformation of Energy for the third group. The
experiment was conducted in Yangon Division.
Constructing Series Circuits (the first group)
(1) What does the word series circuit mean?
(2) How can you set up a series circuit?
(3) How/ where is electricity generated, transported, and used?
(4) How does electricity seem to flow in a series circuit?
Constructing Parallel Circuits (the second group)
(1) What does the word parallel circuit mean?
(2) How can you set up a parallel circuit?
(3) How/ where is electricity generated, transported, and used?
(4) Why do you think buildings are wired in parallel instead of
series circuits?
Transformation of Energy (the third group)
(1) What does the word energy mean?
(2) How many forms of energy do you know?
(3) Can you explore the sources of energy?
(4) Can you explain the transformation of energy with suitable
examples? Explain why this happen?
(5) How do you understand energy conservation?
115
(b) Collecting Data
Students collect the data in terms of their problems.
Students are provided one battery, three wires, and two light
bulbs and to design a series circuit. They are guided in defining a
complete circuit and asked the path of electricity through the bulb.
Students create a circuit with two dimly lit bulbs and another
circuit with two brightly lit bulbs. Students are provided two light
bulbs, one battery, and four or more wires to produce a parallel circuit.
Students find out the sources of energy. They investigate the
transformation of energy with suitable examples in their surroundings.
Students discuss according to their findings by group in class.
Then, they also record their findings and opinions.
Students use scissors to remove the insulation from the wire
ends. They use two bulbs and bulb holders, two batteries, and three
wires. Then, they set up the series circuit. They record in their books
the various ways they lit the bulbs. They design to draw a diagram the
finding. They explore the relationships among the batteries, wires, and
bulbs.
Scissors are used to remove the insulation from the wire ends.
Two batteries, two bulbs, three bulb holders and four wires are used to
set up the parallel circuit. Then, the students explore the relationships
among the batteries, wires, and bulbs.
Energy can be changed from one form to another. Electrical
energy changes to heat in hot plates; chemical energy yields heat
116
through fires and explosives; mechanical energy (motion) provides the
force needed to overcome friction, and in the process heat is released.
Heat, in turn, changes to other forms of energy. Hot fuel turns a
generator to produce electricity.
(1) Minds-on and Hands-on Learning Activities
Students are divided into three groups. Each group has at least
seven students. Constructing Series Circuits for the first group,
Constructing Parallel Circuits for the second group and
Transformation of Energy for the final group are prepared.
The teacher introduces each of the main parts of the lesson to
students and move smoothly into each accompanying set of activities.
Bulbs, batteries, and wires.
The teacher guides students to be able to connect existing
knowledge with the new concept.
Students classify various types of circuits into either series or
parallel. Students check individual batteries to ensure that they are
producing a current. If a bulb is disconnected from the wire, the other
bulbs’ brightness will go out.
Students installed electricity principle of parallel circuit. They
found out the differences between the two circuits. If a bulb is
disconnected from the wire, the other bulbs’ brightness will go on.
Energy comes in many forms: Chemical, Electrical,
Mechanical, Radiant, Thermal, and Nuclear. The effective uses of
energy transformation are described with proper examples. For
example, Electrical energy changes to heat in hot plates.
117
(e) Generalization
The results should then be generalized with the active
participation of the students.
Series circuit means placing electric bulbs in order, with one
ahead or behind the next one. In a series circuit, if any wire or bulb is
disconnected, all the bulbs go out. This occurs because all the
electricity flows through each connected part. For the same reason,
adding more bulbs to the circuit causes all the lighted the bulbs to dim.
Each resistor cuts down the available flow of electricity.
Parallel circuit means placing electric wires side by side in a
parallel to other. In a parallel circuit, the wires are arranged to by-pass
a missing bulb. Therefore, adding more bulbs to the circuit does not
noticeably affect bulb’s brightness. Each bulb beyond receives the
same flow of electricity.
Investigations on energy-related activities help students
construct an understanding of the importance of energy. Energy means
the capacity to do work. Energy can be changed from one form to
another. In 1938, Bethe proposed that energy from the sun was
produced through a cyclical thermonuclear reaction in which hydrogen
nuclei interacted with carbon to produce helium and emit gamma rays.
Much of these reactions occur at the core or centre of the Sun. Vast
amounts of energy are produced in this manner. The main mode of
energy transfer in the core comes from radiation. Different sources of
energy are the sun, wind, water, earth and nuclear fuel. Energy neither
destroys nor creates. Energy can transform one form to another. For
examples, Chemical energy yields heat through fires and explosives;
hot fuel turns a generator to produce electricity.
Exposure to the Inquiry-based learning performance model is
given to the experimental group and exposure to the traditional method
is given to the control group simultaneously. Then, each group is
118
measured with summative evaluation (a posttest) to compare students’
achievement.
In the minds-on and hands-on learning activities, for
summative evaluation, there are (5) students in each small group.
Then, they are asked to develop concept maps on paper. The concept
map is an excellent means to evaluate conceptual understanding. After
that, they are tested for one hour by using a science Inquiry-based
learning activity record.
9. Feedback
If students form misconceptions during investigation, the
teacher asks questions to redirect the students to a more accurate path
of Inquiry-based learning.
A Study of the Impact of Mathematics Anxiety on
Students’ Achievement in Basic Education Middle Schools
Cherry Htun
Abstract
This study aimed at investigating the impact of mathematics anxiety on
students' achievement in the basic education middle schools. Quantitative
methodology was mainly used to investigate the mathematics anxiety and
achievement. The design adopted was a descriptive research design. Four
townships were randomly selected from four districts in Yangon Region.
One high school and two middle schools from each township were selected
by using stratified random sampling technique. The population in this study
consisted of (593) Grade Nine students and (62) teachers who teach
mathematics. In the collection of data, three instruments, mathematics
anxiety scale questionnaire for junior teachers, mathematics anxiety scale
questionnaire for Grade Nine students, and mathematics achievement test
were employed. The Cronbach' s alpha (α) of mathematics anxiety scale
questionnaire for junior teachers was (.933) and for Grade (9) students was
(.954) respectively. Mathematics achievement test involved thirty multiplechoice items with five options. One-way ANOVA was performed to
ascertain whether there were differences in mathematics anxiety among the
selected schools. Results showed that the level of mathematics anxiety
differed significantly among the selected schools. Independent samples ttest was used to see the differences between mean scores of mathematics
anxiety in terms of gender. According to the results, female students
showed more anxiety towards mathematics than male students. Pearson
product-moment correlation was used to assess the correlation between
mathematics anxiety and mathematics achievement test scores. The results
revealed that teachers' mathematics anxiety was positively associated with
students' mathematics anxiety. Findings also indicated a negative
correlation between mathematics anxiety of students and mathematics
achievement. This result showed that higher achievement consistently
accompanied reduction in mathematics anxiety. Research findings proved
that teachers’ mathematics anxiety and students’ mathematics anxiety have
negative effect on the achievement of mathematics.
Key words: mathematics anxiety, mathematics achievement
Introduction
Mathematics has been the backbone of the civilization. National Policy
on Education (1986, cited in Sharan & Sharman, 2009) asserted that
mathematics should be visualized as the vehicle to train a child to think
PM-7,M.ED(Second Year), Department of Methodology, Yangon Institute of Education
120
reason, analyse, and articulate logically. In today's high-tech world,
mathematics is truly the gateway to engineering all scientific and technology
field. Posamentier and Stepelman (1986) stated that skill in mathematics is the
key to success in a great many of the most powerful and prestigious jobs in
the highly technical society.
Although mathematics plays a vital role in the life most of the students
are anxious about mathematics. Posamentier and Stepelman (1986) also
indicated that students with mathematics anxiety learn little mathematics;
what they do learn they memorize without understanding, and they forget that
little bit as soon as they can.
It is time, therefore, that mathematics teachers recognize that
mathematics anxiety is a real problem in the teaching and learning of
mathematics. Tanner and Lindgren (1971) stated that high anxiety in children
can result in poor school achievement and behavior problems. Poor
performance in mathematics can result in poor achievement in the other
science subjects. Poor achievement in science subjects can effect in the
technological development of the nation. The effect of mathematics anxiety
on Myanmar students' achievement is the key issue to be considered for the
improvement of the nation.
The present study was intended to investigate the impact of
mathematics anxiety on students' achievement at the basic education middle
level. There are two reasons to conduct this study. First, as developing the
habit of thinking mathematically thereby fostering the attitude of appreciating
the importance of mathematics in life is one of the main aims for mathematics
education in Myanmar, researcher wanted to know that mathematics anxiety
really an obstacle for the achieving of this aim. Since many believe that
mathematics anxiety is a serious obstacle in students' learning of mathematics,
researcher believes that more effort on studies about the impact of
mathematics anxiety of teachers and students in Myanmar's educational
setting is needed. In fact, it appears that the majority of the available studies
on this issue have been carried out in many countries. With the scarcity of
local research in this area, the contribution of the present research will be
significant in providing local data that are pertinent in documenting the
mathematics anxiety of Grade Nine students in Myanmar.
121
Research Hypotheses
1. There will be a relationship between mathematics anxiety and achievement in
Grade Nine students.
2. There will be a relationship between teachers' mathematics anxiety and their
students' mathematics anxiety.
3. There will be a relationship between teachers' mathematics anxiety and their
students' mathematics achievement.
4. There will be a difference between mathematics anxiety of male students and of
female students.
Method
This study is concerned with mathematics anxiety in both teachers and
students from the selected schools. Teachers' mathematics anxiety, students'
mathematics anxiety, and students' mathematics achievement were examined
in this study to be able to determine whether mathematics anxiety has impact
on students' achievement or not. The research design for the study was a
descriptive research design, in which the researcher seeks to determine
whether a relationship exists between two or more quantifiable variables
(mathematics anxiety and mathematics achievement). In this study,
quantitative method was used to investigate mathematics anxiety and
mathematics achievement.
Population and Sample
All participants in the sample were Grade Nine students and junior teachers
who teach mathematics in their classrooms. This study was conducted in
Yangon Region. There are four districts in the Yangon Region. One township
for each district was randomly selected. The sample schools for the study
were selected by using stratified random sampling technique. One high school
and two middle schools from each township were selected as the sample
schools.
Table 1 Population and Sample Size
No.
Township
School
No. of Students
No. of
Teachers
Population
Male
Female
Total
1
Tamwe
BEHS 2
10
296
25
25
50
2
Tamwe
BEMS 2
3
69
25
25
50
122
No.
Township
School
No. of Students
No. of
Teachers
Population
Male
Female
Total
3
Tamwe
BEMS 3
4
157
34
16
50
4
Hlaing
BEHS 4
8
208
39
11
50
5
Hlaing
BEMS 4
4
99
25
25
50
6
Hlaing
BEMS 7
5
100
25
25
50
7
Mingaladon
BEHS 1
8
404
25
25
50
8
Mingaladon
BEMS 4
7
231
28
22
50
9
Mingaladon
BEMS 5
4
125
33
17
50
10
Kyauntan
BEHS 1
4
206
25
25
50
11
Kyauntan
BEMS
Myoma
3
48
20
28
48
12
Kyauntan
BEMS
Yetutyin
2
45
19
26
45
62
1988
313
280
593
Total
Note: BEHS = Basic Education High School
BEMS = Basic Education Middle School
Instruments
In this study, a questionnaire for teachers' mathematics anxiety, a
questionnaire for students' mathematics anxiety and an achievement test for
Grade Nine student were used as the instruments.
Questionnaire for Teachers' Mathematics Anxiety
Mathematics anxiety scale questionnaire for the teachers was
developed by the researcher based on two dimensions by McAnallen (2010).
In this research, questionnaire was modified and constructed in Myanmar
language. Questionnaire for teachers' mathematics anxiety consisted of (26)
items on a five point Likert-type scale of 1 to 5 and two open-ended questions.
Items 1, 2, 5, 6, 9, 10, 11, 13, 14, 15, 16, 17, 19, 20, 21, 23, 24 and 26 are
123
positive items. Items 3, 4, 7, 8, 12, 18, 22 and 25 are negative items. For
positive items, the score closer to 1 indicated "Strongly Agree" and "Strongly
Disagree" was indicated by the score closer to 5. For negative items, the score
closer to 1 indicated "Strongly Disagree" and 5 indicated "Strongly Agree".
According to pilot study, the internal consistency (α) of the scale for teachers'
anxiety scale was (.933).
Questionnaire for Students' Mathematics Anxiety
Mathematics anxiety scale questionnaire for students was developed
by the researcher based on the dimensions of anxious by Meece (1981) and
the dimensions of school anxiety by Phillips (1966). In this study, the
questionnaire includes scale items for six major dimensions. They are as
follows.
(1)
(2)
(3)
(4)
(5)
(6)
Dislike
Discomfort
Lack of Confidence
Negative Evaluation by Others
Worry and Fear
Confusion and Frustration
Instrument items were modified and reconstructed in Myanmar
language. Questionnaire for students' mathematics anxiety was (44) items on a
five point Likert-type scale of 1 to 5. The first dimension, dislike was
measured from "Strongly Happy" to "Strongly Unhappy" on five point Likerttype scales. The rest dimensions were measured from "Strongly Disagree" to
"Strongly Agree" on a five point Likert-type scale. According to pilot study,
the internal consistency (α) of the scale for students' anxiety scale was (.954).
Instrument for Students' Mathematics Achievement
In order to measure the mathematics achievement of the students, an
instrument was constructed. It is based on the content area of Grade Nine
mathematics textbook prescribed by the Department of Education, Planning
and Training, Myanmar. This test is a 30 items multiple choice test and each
item consists of five alternatives. This test includes (17) chapters: (13)
chapters from mathematics textbook volume I (2011) and (4) chapters from
mathematics textbook volume II (2011). The difficulty indices and
discrimination indices of the items were within the acceptable range of (0.20)
to (0.73) and (0.33) to (0.73). The test items are scored manually, each correct
answer scored one mark while, a wrong answer is scored zero.
124
Procedure
First of all, the researcher explored the relevant literature concerning
with the research. Secondly, in order to get the required data, the researcher
constructed the instruments under the guidance of the supervisor. Content
validity was determined by expert judgment. After getting the validity of these
instruments, pilot testing was conducted. The pilot testing for the instruments
was conducted in January, 2012. Overall, students and teachers did not have
much difficulty in answering the questions. Nevertheless, based on the pilot,
some items were modified for the final version for easier and clearer
understanding. After the pilot test, the major survey was conducted in January,
2012. The modified instruments were distributed to all participants of the
twelve sample schools and administered with the help of the teachers of those
schools in January 2012. After three weeks all instruments were returned, and
then the data were entered into a computer data file and were analyzed using
the Statistical Package for the Social Science (SPSS 16).
Findings
The data were analyzed by using descriptive statistics (mean, standard
deviation and correlation), one-way ANOVA, independent samples t-test and
Pearson product-moment correlation.
Table 2 Mean Scores of Teachers' Mathematics Anxiety in the Selected
Schools
No. of
School Teachers
Mean
Standard
Deviation
Minimum Maximum
1
10
43.30
5.31
36
55
2
3
88.33
7.77
82
97
3
4
81.00
6.98
72
89
4
8
87.12
6.75
81
101
5
4
89.25
9.84
84
104
6
5
88.40
5.03
82
93
7
8
40.75
5.18
33
48
8
7
111.00
4.62
102
115
125
No. of
School Teachers
Mean
Standard
Deviation
Minimum Maximum
9
4
112.25
11.87
99
125
10
4
110.00
3.68
106
114
11
3
45.00
4.58
41
50
12
2
94.00
8.49
88
100
Total
62
77.95
27.91
33
125
It showed that the comparison of the mean scores of teachers' anxiety
by schools. According to the results, the lowest mean score and the highest
mean score were (40.75) and (112.25) respectively. It was found that the
anxiety level of Basic Education High School No. (1), Mingaladon was the
lowest and the anxiety level of Basic Education Middle School No. (5),
Mingaladon was the highest among the selected schools.
Table 3 ANOVA Results of Teachers' Mathematics Anxiety in the
Selected Schools
Sum of Squares
df
Mean
Square
F
Sig.
Between
Groups
45401.01
11
4127.37
97.44
.000
Within Groups
2117.84
50
42.36
Total
47518.86
61
It was found that there were significant differences among the schools
concerning the teachers' mathematics anxiety, (F (11, 50) = 97.44, p < .001).
This means that mathematics anxiety of the teachers differs among the
selected schools.
126
Table 4 Percentage of School Groups (Teachers' Anxiety)
Anxiety Level
Number of School
Percent
High
3
25
Moderate
6
50
Low
3
25
Total
12
100
Table 4 shows the anxiety level of the teacher in schools based on the
mean scores of teachers' anxiety. It was divided into three groups, namely,
high, moderate, and low. The full score of the teachers' anxiety scale was 130.
The average mean score and standard deviation was (77.95) and (27.91)
respectively. If the average mean score in the school was higher than (105.86),
it would be defined as high anxiety group. If the average mean score was
between (50.04) and (105.86), it would be defined as moderate anxiety group.
If the average means score was below (50.04), it would be defined as low
anxiety group.
In addition, it is necessary to examine the percentage of teachers who
have the anxiety of low, moderate and high in all participant teachers.
Therefore, descriptive statistics (percentage) was used to examine the
percentage of teachers who have the anxiety of low, moderate and high. The
number of teachers who got low, moderate, and high level of mathematics
anxiety were (20), (28), and (14) respectively. This result shows that the
percentages of low, moderate and high anxiety teachers were (32%), (45%)
and (23%) respectively.
127
Table 5 Mean Scores of Students' Mathematics Anxiety in the Selected
Schools
School
No. of
Students
Mean
Standard
1
50
72.38
12.36
45
111
2
50
131.32
23.62
89
180
3
50
117.44
22.20
76
164
4
50
137.24
18.83
96
169
5
50
94.12
21.80
44
129
6
50
91.44
21.06
55
159
7
50
72.82
11.62
48
105
8
50
159.38
16.44
110
220
9
50
161.98
16.61
135
220
10
50
152.28
20.85
104
189
11
48
76.15
12.82
44
97
12
45
97.84
23.22
61
172
Total
593
113.96
37.63
44
220
Deviation
Minimum Maximum
According to the results, the lowest mean score and the highest mean
score were (72.38) and (161.98) respectively. It was found that the anxiety
level of Basic Education High School No. (1), Mingaladon was the lowest and
the anxiety level of Basic Education Middle School No. (5). Mingaladon was
the highest among the selected schools.
128
Table 6 ANOVA Results of Students' Mathematics Anxiety in the
Selected Schools
Sum of
Squares
df
Mean
Square
F
Sig.
Between
Groups
626558.88
11
56959.90
156.09
.000
Within Groups
212020.15
581
364.920
Total
838579.03
592
It was found that there was significant difference among the schools
concerning the students' mathematics anxiety, (F (11, 581) = 156.09, p <
.001). This means that mathematics anxiety of students differs among the
selected schools.
Table 7 Percentage of School Groups (Students' Anxiety)
Anxiety Level
Number of School
Percent
High
3
25
Moderate
6
50
Low
3
25
Total
12
100
Table 7 indicates the anxiety level of the students' anxiety in schools
based on the mean scores of students' anxiety. It was divided into three
groups, namely, high, moderate, and low. The full score of the teachers'
anxiety scale was (220). The average mean score and standard deviation was
(113.96) and (37.63) respectively. If the average mean score in the school was
higher than (151.59), it would be defined as high anxiety group. If the average
mean score was between (76.33) and (151.59), it would be defined as
moderate anxiety group. If the average mean score was below (76.33), it
would be defined as low anxiety group.
129
In addition, it is necessary to examine the percentage of students who
have the anxiety of low, moderate and high. Therefore, descriptive statistics
(percentage) was used to examine the percentage of students who have the
anxiety of low, moderate and high. The number of students who gained low,
moderate, and high level of mathematics anxiety were (135), (330), and (128)
respectively. The result shows that the percentages of low, moderate and high
anxiety of students were (23%), (55%) and (22%) respectively. The following
pie chart points out the percentage of students according to their anxiety level.
Table 8 t – Values for Students' Mathematics Anxiety in terms of Gender
Standard
Mean
Deviation
Difference
Gender
No. of
Students
Mean
Males
313
107.70
36.96
Females
280
119.56
37.41
-11.86
t
df
p
-3.88
591
.000***
Note: ***p<.001
Table 8 shows that male students were significantly different from the
female students on mathematics anxiety (p <.001). Inspection of the two
groups' means indicated that the average score of anxiety (107.70) for the
male student was significantly higher than the average score of anxiety
(119.56) for the female student. It can be interpreted that the anxiety level of
the female students was higher than the anxiety level of the male students.
Table 9 Mean Scores for Students' Mathematics Achievement in the
Selected Schools
School
No. of
Students
Mean
Standard
1
50
23.20
2.30
20
27
2
50
11.34
3.99
3
18
3
50
13.70
4.70
4
25
4
50
9.58
2.28
4
15
5
50
23.38
3.81
11
28
Deviation
Minimum Maximum
130
School
No. of
Students
Mean
Standard
6
50
18.24
4.09
12
27
7
50
24.81
1.56
21
28
8
50
8.08
2.03
4
11
9
50
6.70
2.09
2
11
10
50
6.68
1.82
3
9
11
48
24.27
2.08
20
28
12
45
18.67
3.35
8
24
Total
593
15.61
7.43
2
28
Deviation
Minimum Maximum
It shows that the comparison of the mean scores of students' achievement
for all selected schools. According to results, the lowest mean score and the
highest mean score were (6.68) and (24.81) respectively. It was found that the
achievement level of Basic Education High School No. (1), Mingaladon was
the highest and the achievement level of Basic Education Middle School No.
(5), Mingaladon was the lowest among the selected schools.
Table 10 ANOVA Results of Students' Mathematics Achievement in the
Selected Schools
Sum of
Squares
df Mean Square
Between Groups
13857.68
11
1259.79
Within Groups
8700.95
581
14.96
Total
22558.62
592
F
Sig.
84.12
.000
.
It was found that there was significant difference among the schools
concerning the students' mathematics achievement, (F (11, 581) = 84.12, p <
.001). This means that mathematics achievement of students differs among the
selected schools.
131
Table 11 Percentage of School Groups (Students' Achievement)
Anxiety Level
Number of School
Percent
High
4
33
Moderate
5
42
Low
3
25
Total
12
100
Table 11 shows the students' mathematics achievement in schools
based on the mean scores of students' achievement. It was divided into three
groups, namely, high, moderate, and low. The full score of the students'
mathematics achievement test was 30. The average mean score and standard
deviation were (15.61) and (7.43) respectively. If the average mean score in
the school was higher than (23.04), it would be defined as high achievement
group. If the average mean score was between (8.18) and (23.04), it would be
defined as moderate achievement group. If the average mean score was below
(8.18), it would be defined as low achievement group.
In addition, it is necessary to examine the percentage of students who
have the achievement of low, moderate and high in all participant students.
Therefore, descriptive statistics (percentage) was used to examine the
percentage of students who have the achievement of low, moderate and high.
The number of students who possessed low, moderate, and high level of
mathematics achievement were (141), (329), and (123) respectively. The
result shows that the percentages of low, moderate and high achievement of
students were (24%), (55%) and (21%) respectively.
Table 12 Mathematics Anxiety and Achievement Level in the Selected
Schools
School
No.
Teachers' Anxiety
Level
Students' Anxiety
Level
Students'
Achievement Level
1
L<50.41
L < 76.33
H > 23.04
2
50.41 < M <100.39
76.33 < M <151.59
8.18 < M < 23.04
3
50.41 < M <100.39
76.33 < M <151.59
8.18 < M < 23.04
132
School
No.
Teachers' Anxiety
Level
Students' Anxiety
Level
Students'
Achievement Level
4
50.41 < M <100.39
76.33 < M <151.59
8.18 < M < 23.04
5
50.41 < M <100.39
76.33 < M <151.59
H > 23.04
6
50.41 < M <100.39
76.33 < M <151.59
8.18 < M < 23.04
7
L<50.41
L < 76.33
H > 23.04
8
H > 100.39
H > 151.59
L < 8.18
9
H > 100.39
H > 151.59
L < 8.18
10
H > 100.39
H > 151.59
L < 8.18
11
L<50.41
L < 76.33
H > 23.04
12
50.41 < M <100.39
76.33 < M <151.59
8.18 < M < 23.04
Note: L = Low Level
M = Moderate Level
H = High Level
Table 13 Correlation between Teachers' Mathematics Anxiety and
Students' Mathematics Anxiety
Correlations
Teachers' Students'
Anxiety Anxiety
Pearson Correlation
Teachers' Anxiety
Students' Anxiety
1
Sig. (2-tailed)
.854**
.000
N
12
12
Pearson Correlation
.854**
1
Sig. (2-tailed)
.000
N
12
** Correlation is significant at the 0.01 level (2-tailed)
12
133
This result shows that there was a significant correlation between
teachers' mathematics anxiety and students' mathematics anxiety. The result
shows that the direction of correlation was positive. This means that if the
anxiety level of teachers is high, the anxiety level of their students is likely to
be high or if the anxiety level of teachers is low, the anxiety level of their
students is likely to be low.
Table 14 Correlation between Teachers' Mathematics Anxiety and
Students' Mathematics Achievement
Correlations
Pearson Correlation
Teachers' Anxiety
Students'
Achievement
Teachers'
Anxiety
Students'
Achievement
1
-.822**
Sig. (2-tailed)
.001
N
12
12
Pearson Correlation
-.822**
1
Sig. (2-tailed)
.001
N
12
12
** Correlation is significant at the 0.01 level (2-tailed)
This means that if the anxiety level of teachers is high, the
achievement level of their students will be low or if the anxiety level of
teachers is low, the achievement level of their students will be high. Table 14
shows the correlation between teachers' anxiety and students' achievement.
This results show that there was a significant correlation between teachers'
mathematics anxiety and students' mathematics achievement.
134
Table 15 Correlation between Students' Anxiety and Achievement
Correlations
Students'
Anxiety
Students'
Achievement
1
-.975**
Pearson Correlation
Students' Anxiety
Students'
Achievement
Sig. (2-tailed)
.000
N
12
12
Pearson Correlation
-.975**
1
Sig. (2-tailed)
.000
N
12
12
**. Correlation is significant at the 0.01 level (2-tailed)
It was found that there was a significant correlation r (10) = -.98, p <
.001. The result shows that the direction of correlation was negative. This
means that if the anxiety level of students is high, the achievement level of
these students will be low or if the anxiety level of students is low then the
achievement level of these students will be high. Table 15 shows the
correlation between students' mathematics anxiety and students' mathematics
achievement. This result shows that there was a significant correlation
between students' mathematics anxiety and their achievement.
Table 16 Relationship of Teachers' Anxiety, Students' Anxiety and
Students' Achievement
Correlations
Teachers'
Anxiety
Teachers' Anxiety
Pearson
Correlation
Sig. (2-tailed)
1
Students'
Students' Achievemen
Anxiety
t
.854**
-.822**
.000
.001
135
Students' Anxiety
Students'
Achievement
Pearson
Correlation
.854**
Sig. (2-tailed)
.000
Pearson
Correlation
-.822**
-.975**
Sig. (2-tailed)
.001
.000
1
-.975**
.000
1
**. Correlation is significant at the 0.01 level (2-tailed)
Results
1. For teachers' mathematics anxiety, the percentages of low, moderate, and
high level of anxiety in all participant teachers are (32%), (45%), and (23%)
respectively.
2. There are significant differences in teachers' mathematics anxiety among all
selected schools.
3. For students' mathematics anxiety, the percentages of low, moderate, and
high level of anxiety in all participant students are (23%), (55%) and (22%).
4. There are significant differences in students' mathematics anxiety
respectively among all selected schools.
5. For students mathematics achievement, the percentages of low, moderate,
and high level of mathematics achievement are (24%), (55%) and (21%)
respectively.
6. There are significant differences in students' mathematics achievement
among all selected schools.
7. Mathematics anxiety of teachers has positively correlated with mathematics
anxiety of students.
8. Mathematics anxiety of teachers has negatively correlated with mathematics
achievement of students.
9. Mathematics anxiety of students has negatively correlated with their
mathematics achievement.
10. Mathematics anxiety level of female students is higher than male students.
Discussion
According to the results of this study, it was found that (22.6%) of
teachers possessed high level of mathematics anxiety and (45.2%) possessed
moderate anxiety. The present result is consistent with the finding of Levine
136
(1996) who found that "a disproportionately large percentage of elementary
teachers experience high level of mathematics anxiety". This leads to doubts
regarding their effectiveness in teaching. Moreover, teachers should make
well preparation about lesson before he / she enters the classroom in order to
teach mathematics and should think ahead what kind of questions can arise
from the students. Therefore, they can get more confidence in their teaching.
Moreover, teachers must re-examine the traditional teaching methods that
often do not match the students learning styles and teaching skills need to be
productive in society. Lessons must be presented in a variety of ways.
Mathematical concepts should be taught through play acting, cooperative
groups, visual aids, and CAI (Computer Aided Instruction). Teachers should
be comfortable with the mathematics they are teaching as well as with their
classes. Students are perceptive about the likes and dislikes of their teachers,
and their own behavior and attitudes will reflect what they perceive as their
teacher's attitude.
As regards with students' anxiety, the study indicates that over onehalf population of students (55.6%) have moderate level of mathematics
anxiety, while among the remaining students nearly one-half of population
falls into low anxiety group (22.8%), in contrast, the rest group consisting of
(21.6%) of the total population has high anxiety towards mathematics. Like
other countries, Myanmar students are facing with mathematics anxiety. In
addition, there was a positive relationship between teachers' anxiety and
students' anxiety. The results comply with Tobias (1981) who found that
"math-anxious teachers can result in math-anxious students". Moreover,
Wood and Meece (1988) also found that teachers who possess medium or
high level of mathematics anxiety may unintentionally transmit their
avoidance and fear of mathematics to their students. In every classroom,
students of various anxiety levels are learning mathematics. Therefore,
teacher should be aware of the needs and the capabilities of the students with
different mathematics anxiety levels when designing teaching strategies for
them. Teachers should provide opportunities for students to work together in
small groups so that they may discuss and explore problem solving
techniques. Moreover, teachers should not assign a large number of exercises
for homework as a punishment for misbehavior. This may cause anxiety.
There could be other variables that have significantly influenced the students'
achievement that were not identified and explored in this study.
In the present study, the results pointed out male and students have
statistically significant differences in mathematics anxiety. Female students'
137
anxiety level is statistically significantly higher than male students' anxiety.
Results regarding gender and mathematics anxiety are parallel to those of
Luo, Wang, and Luo (2009) who found females exhibit more mathematics
anxiety than males in secondary schools and in colleges. However, this
finding is not consistent with the findings of Gierl and Bisanz (1995) who did
not find any difference between mathematics anxiety scores of male and
female students. It can be suggested that teachers should treat boys and girls
equally and give more opportunities to discuss in the classroom.
In this study, (23.8%) of students gained low level of mathematics
achievement. In Pearson product correlation, the results show that students'
mathematics achievement is negatively associated with their anxiety level.
That is to say, high-anxiety usually occurs among poorly achieving students.
This result is consistent with the result of Hembree (1990) who noted that
"mathematics anxiety seriously constrains performance in mathematical tasks
and reduction in achievement. And it is also consistent with Norwood (1994)
and Wigfield and Meece (1988). Ashcraft and Kirk (2001) also demonstrated
that high mathematics anxiety is associated with smaller working memory
capacity and consequently poor performance in mathematics. It can be
suggested that in the teaching process, teachers should pay more attention to
low-achieving students, help them to improve their learning and improve
learning efficiency, and then reduce their mathematics anxiety. Slow students
face frustration and anxiety when they are in a class of all competing to get
the correct answer first. Give these students a chance in a small group setting.
Teachers should use alternative method and do not focus only on answers of
the students, but on how the solution was gotten. Mathematics teachers
should emphasize on a process rather than a product. All reasonable attempts
and efforts should be recognized and praised.
Moreover, it was also found that mathematics anxiety of teachers has a
negative relationship with students' mathematics performance or
achievement. This means that if the mathematics anxiety of teachers is high,
the achievement of students will be low. The results agree with the findings
of Williams (1988) who found that mathematics anxiety has serious
consequences in both daily life and in work, and has its roots in teaching and
teachers and has been tied to poor academic performance of students.
The results of this study provide evidence that mathematics anxiety
has an important effect in mathematics education that cannot be ignored. This
goes on to suggest that teacher should consider that how to reduce students'
138
anxieties by finding a better ways to teach mathematics. Teachers need to be
aware of the effects of anxiety on students' achievement. They should make
an effort to lessen anxiety on these students. Teachers should develop
teaching strategies that help highly anxious students. Woodard (2004)
suggested the following techniques:
 create an environment in which students do not feel threatened and allow them
to relax,
 use cooperative grouping. It helps students to understand that others have the
same problems as they do, and
 teach at a slow pace. It can help students better comprehend the material being
taught.
With all these efforts it can be a positive force in reducing
mathematics anxiety. Mathematics teacher should show their students a
sincere, caring attitude to help them overcome mathematics anxiety
(Woodard, 2004). Teachers should use these techniques in order to reduce
their students' mathematics anxiety and improve mathematics achievement.
Furthermore, parents should also maintain an active role when encouraging
their children to incorporate mathematics into their daily routine. Parents and
teachers can also help students realize, that myths such as the general feeling
that mathematics aptitude is genetic and mathematics is a male domain, is
simply not true.
Conclusion
The primary purpose of this study is to study the impact of
mathematics anxiety on Grade Nine students' achievement in Basic Education
Middle Schools in Yangon Region. Quantitative research methodology was
mainly used to investigate the mathematics anxiety and achievement. The
design adopted in this study was a descriptive research.
There are four districts in Yangon Region: East, West, South, and
North. One township from each district was randomly selected. Four
townships were included to carry out the research work. From each township,
one Basic Education High School and two Basic Education Middle Schools
were selected. Therefore, four Basic Education High Schools and eight Basic
Education Middle Schools were included in this study. To obtain the required
data, all mathematics teachers who teach mathematics in the middle school
level from the selected schools were included in this study. A total of (593)
student was selected by using systematic random sampling method.
139
The instruments used in this study were a mathematics anxiety scale
questionnaire for junior teachers, a mathematics anxiety scale questionnaire
for Grade Nine students and a mathematics achievement test. The internal
consistencies of teachers' anxiety questionnaire and students' anxiety
questionnaire were also found to have (.933) and (.954) respectively. The
difficulty indices and discrimination indices of the items were within the
acceptable range of (0.20) to (0.73) and (0.33) to (0.73).
In each school, two questionnaires and achievement test were
administered with the help of headmasters and headmistresses to collect the
required data. After collecting the data, analysis of data was carried out by
using descriptive statistics (mean, standard deviation, and correlation). In this
study, the average mean score of teachers' anxiety is (77.95) and the standard
deviation is (27.91). Moreover, the results show that (32.3%) of teachers were
found at low anxiety level, (45.2%) of teachers were found at moderate, and
(22.6%) of teachers were found at high anxiety. ANOVA results show that
there were significant differences among the schools concerning the teachers'
mathematics anxiety level. Therefore, mathematics anxiety of the teachers
differs among the selected schools. Moreover, of the total twelve schools,
three schools were found in high anxiety group, six were moderate, and three
were low.
As regards the students' anxiety level, the average mean score is
(113.96) and average standard deviation is (37.63). The results show that
(22.8%) of students were found at low anxiety level, (55.6%) were moderate,
and (21.6%) were high. Moreover, there was a significant difference among
the schools concerning students' anxiety. The number of schools which were
found at low, moderate and high anxiety levels is three, six, and three
respectively. According to t-values for students' anxiety, the results show that
the male students and the female students have statistically significant
differences in mathematics anxiety. The average mean score of male students'
anxiety is (107.70) and that of the female students' anxiety is (119.56). Female
students' anxiety level is statistically significantly higher than male students'
anxiety level.
In order to examine the achievement of the students, mathematics
achievement test was administered in the selected schools. The average mean
score of mathematics achievement is (15.61) and the average standard
deviation is (7.43). Therefore, the results show that (23.8%) of students were
found at low achievement level, (55.5%) of students were in moderate, and
140
(20.7%) of students were high. ANOVA results show that there were
significant differences among the schools concerning the students'
achievement level. Therefore, mathematics achievement of students differs
among the selected schools. Moreover, of the total twelve schools, three
schools were found in high achievement, six schools were moderate, and three
schools were low.
Furthermore, there was a positively relationship between teachers'
mathematics anxiety and students' mathematics anxiety. This means that if
teachers' anxiety is high, anxiety of students will also be high. The
relationship between teachers' mathematics anxiety and students' achievement
was negative. This indicated that if the anxiety level of teachers is high, the
achievement level of students will be low. Likewise, the correlation between
students' mathematics anxiety and their achievement was negative. This result
points out that students with high mathematics anxiety scored lower in
achievement.
Although mathematics anxiety cannot be only one reason for low
achievers in mathematics, it is one of the reasons for low achievement of the
students. A better understanding of mathematics anxiety is needed in order to
help students overcome this problem. This study cannot point out the ways to
overcome the problems of mathematics anxiety among students; however, it
can give evidence that mathematics anxiety impact on students' mathematics
achievement. This means that if the anxiety level of students is high, the
achievement level of these students will be low or if the anxiety level of
students is low then the achievement level of these students will be high.
Therefore, today mathematics teachers should consider this affect to become
effective teachers.
Acknowledgements
Firstly, I would like to offer respectful gratitude to Dr. Aung Min, Rector, Yangon
Institute of Education and Dr. Pyay Thein, Pro-Rector of Yangon Institute of Education, who
allowed me to do this thesis. Secondly, I would like to express my thanks to Professor Dr. Soe
Than, Head of Methodology Department, Yangon Institute of Education, who lovingly and
patiently guided me throughout this study.
This master thesis certainly would not have been existed without the encouragement,
valuable advice, and guidance of Dr. Naing Naing Thein. Therefore, I would like to thank my
external examiner, Dr. Naing Naing Thein (Assistant Lecturer, Department of Methodology,
Sagaing Institute of Education) for all her work, patience and support. I would like to express
my heartfelt gratitude to my supervisor Dr. Khaing Khaing Lwin, Assistant Lecturer, Yangon
Institute of Education, for her guidance, support, attention to detail, analytical skill,
141
willingness to spend hours working with me to shape my research and focus my writing.
Without her guidance and instruction, this work would not have been accomplished.
Special thanks go to Daw Yi Yi Lynn (Lecturer, Department of Methodology,
Yangon Institute of Education) and Dr. Wai Wai Oo (Assistant Lecturer, Yangon Institute of
Education) for all their support, guidance and valuable advice.
I am also profoundly grateful to all my teachers for their support and guidance and
friends, for their love and patience and the librarians and staff of Yangon Institute of
Education for their necessary help in carrying out this research. My special appreciation goes
to all participants in this study.
I owe my special gratitude to my beloved parents for their warm support and
kindness.
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Legal Aspect of Polygamy
under Myanmar Customary Law*
Thi Thi Lwin
Abstract
A polygamous marriage may be defined as voluntary union for life of one
man with one or several wives. Myanmar Customary Law allows a man to
marry as many wives as he can maintain. A Buddhist may marry two or
more women at the same time and all have the status of a wife and not that
of a concubine. Although a subsisting marriage is no bar to a subsequent
marriage of the man, a subsisting marriage is a bar to another marriage of
the woman. Polygamy on the part of the husband is recognized but not
polyandry on the part of the wife. However adultery on the part of the
husband and taking another wife by the husband are amount to
matrimonial faults under Myanmar Customary Law. In fact Myanmar
Buddhists are rather monogamous than polygamous owing to the religious
belief and social value.
Key words: polygamy, subsisting marriage, subsequent marriage, adultery,
matrimonial faults.
Introduction
Myanmar Customary Law is the personal law of Myanmar people
professing the Buddhist religion. It is mainly concerned with such family
matters as marriage, divorce, adoption, succession and inheritance,
matrimonial rights. The Myanmar Customary Law recognizes the polygamy.
Its major characteristic is the capacity of the man to as many wives as he
pleases and not the consent of the senior wife as asserted by a human rights
activist. But if the husband marries another wife without the consent or
agreement of the first wife, the first wife has the right to divorce. If there is
adultery on the part of the husband, the wife may be entitled to resist a claim
by the husband for restitution of conjugal right. Although polygamy is
Associate Professor,Dr, Department of Law, Pyay University
* Best Paper Award Winning Paper in Law,(2012)
144
recognized by Dhammathats, there is a strong feeling among the people
against the practice of polygamy which seems to be declining and is looked
upon with disfavor by the present day Myanmar Buddhist society.
Out of the four family laws, which exist in Myanmar, only two of
them Myanmar Customary Law and Hindu Law recognize polygamy. One of
the remaining two, Christian Law accepts monogamy. Under Mohammedan
Law a man is allowed to marry up to four wives at the same time but he must
be able to show that he can treat each of them equally and provide a separate
home for each one of them.
The method of study in the paper is analysis the practice of polygamy
among Myanmar Buddhists under Myanmar Customary Law and legal
consequences of polygamy system by referring the Dhammathats and the
decisions of courts.
The objectives of the paper are to mention the nature of Myanmar
Buddhists' marriage, to prevent the popularity of the practice of polygamy
and to bring up the conflict of authorities on practice of polygamy system.
Nature of Myanmar Buddhists' Marriage
Marriage amongst Myanmar Buddhists is purely civil and consensual
contract and has lost entirely any religious character. To constitute a valid
marriage amongst Myanmar Buddhists;(a) the man should attain his puberty, 1
(b) the woman should be a spinster above twenty years of age, except
widow, a divorcee, and a spinster under twenty years of age who
has obtained her parents’ or guardians’ consent, 2
(c) the parties must give their mutual and free consent to become
husband and wife presently, 3
(d) the parties must be mentally competent to contract, 4
(e) no subsisting marriage for women, 5 and
1
Maung Thein Maung vs. Ma Saw 6 Ran P. 340.
Ma E Sein vs. Maung Hla Min 3 Ran, P.455 (F.B).
3
Maung Tun Maung vs. Ma Aye Kyi, 14 Ran, 215 (F.B).
Maung Sein Nyunt vs.Ma E Kyi 1962 B.L.R (H.C) 404.
4
Section 11 of the Contract Act,1872.
5
Sectin 494 of the Penal Code,1861.
2
(f)
145
if there is no marriage ceremony, the couple must openly live
together as husband and wife. 1
If there is a marriage between Myanmar Buddhist woman and nonBuddhist man, to safeguard the rights of the Buddhist woman which are
entitled under Myanmar Customary Law, such marriage must be accordance
with the provisions of the Buddhist Women’s Special Marriage and
Succession Act, 1954.
Duties of a Husband
As between husband and wife, each has five kinds of duties to perform
towards the other. The duties of a husband laid down by Dhammathats may be
enunciated as follows - 2
In Rasi Dhammathat the husband’s duties are: - to avoid harsh
language and to use endearing terms in addressing the wife; to avoid
behaving towards her in an overbearing manner as if she were a servant or a
slave; to remain faithful to her; to accord her a free hand in the control and
management of the house; and to provide her with proper clothes and
ornaments.
In Dhammasara Dhammathat the five duties of the husband towards
the wife are: - speaking to her in affectionate terms, treating her with
kindness and tenderness; proving faithful to her by not seeking to consort
with other women; entrusting to her keeping the whole of the property
acquired; and providing her with such dress and ornaments as please her
fancy.
In Cittra Dhammathat the five duties of the husband towards the wife
are: - treating her kindly and lovingly; not ill-treating her as he would a slave,
but showing her every regard; remaining faithful to her by not seeking lesser
wives or concubines; placing her in entire charge of the whole of his
property; and providing her with dresses and ornaments commensurate with
his means.
1
Maung Maung vs. Ma Sein Kyi 1940, Ran 56.
U Pu Lay vs.Daw Chit 1974, Civil Second Appeal No.32.
2
Gaung, U, Translation of a Digest of the Burmese Buddhist Law, Volume-II (1895),
Translated by G D Burgess, Rangoon, Government Printing, 1905, Section 208.
146
Thus it can be said that, Dhammathats prohibit the husband from
adultery and taking lesser wives.
Duties of a Wife
According to Ditto Dhammathat the five duties of the wife towards
the husband are: - preparing his meals or causing them to be prepared so as to
have them ready in good time; supporting the relatives of the husband;
remaining faithful to him; saving the property acquired by him; and
assiduously performing the household duties.
Also Dhammasara Dhammathat mentions the five duties of the wife
towards the husband: - obtaining the husband’s consent in anything she
undertakes to do; always giving him the precedence in speech; retiring to bed
after he has done so; rising from bed before he rises; and carrying out his
wishes and assuming pleasing ways and manners in his presence.
Kinds of Matrimonial Fault
There are mainly two kinds of matrimonial fault under Myanmar
Customary Law. They are ordinary matrimonial fault and grievous
matrimonial fault.
Ordinary matrimonial fault contains misrepresentation, adultery on
the part of the husband, taking another wife by the husband, desertion and
ordinary cruelty. Grievous matrimonial faults are adultery on the part of the
wife and grievous cruelty.
On a divorce by ordinary matrimonial fault, in such a case partition of
properties will be as in the case of divorce by mutual consent. Where a
divorce is adjudged through the grievous matrimonial fault of one spouse, the
guilty spouse is liable to forfeit his or her share of properties which
belonging to them. And the innocent spouse gets all properties.
Adultery on the part of the husband is not in itself, sufficient ground
for divorce by the wife. But the wife may be entitled to resist a claim by the
husband for restitution of conjugal right. 1 The husband can marry another
wife without the consent or agreement of the first wife but such first wife can
be entitled to divorce. 2
1
2
Ma Thein Nwe vs. Maung Kha. 7 Ran 451.
Maung Hme vs. Ma Sein 9 LBR, 191 (FB).
147
It can be seen that, although the polygamy is recognized under
Myanmar Customary Law, taking another wife by the husband is one kind of
matrimonial faults.
Practice of Polygamy
Under the polygamous system there is no limit to the number of
wives a husband could take. Dhammathats allow a Buddhist man to marry as
many wives as he can maintain.
Kaingza Dhammathat mentioned that a man may marry as many as
ten wives if he can maintain them all by his own skill and labour. Although
his parents may give him in marriage to another woman after he was already
been married to one, the parents of the first wife shall not recover her. 1
If the husband is permitted to duplicate his wife without necessarily
divorcing any of them, such wife needs not to lose her husband and income
as she loses her look simply because her husband is attracted by another
women.
Such wives whether they live with the husband or not, inherit his
estate on an equal footing. Myanmar Customary Law also contemplates the
existence of other women of humbler standing who are differentiated from
the aforesaid superior wives by being described as inferior or lesser wives. 2
Dhammathats draw a marked distinction between a superior wife and
inferior wife as hereunder.
Superior wife ( let-son maya ) is one who lives on terms of equality
with the husband and eats out of the same dish with him and is endowed with
proprietary as well as personal rights. Inferior wife is a woman with whom
the husband enters into and maintains conjugal relations but whose position
falls short of that of his first or chief wife and who is not endowed with
proprietary rights and with whom the husband does not eat out of the same
dish. 3
1
2
Ma Thein Yin vs. Maung Tha Dun, 2 Ran 62.
3
Manugye Dhammathat , Gaung, U, Translation of a Digest of the Burmese Buddhist Law,
Volume-I (1893), Translated by G D Burgess, Rangoon, Government Printing, 1902,
Section 277.
148
If a husband takes a second wife during the life time of the first wife
and without the latter's consent she is entitled to leave her husband and refuse
to cohabit with him unless he provides her with a separate residence. In such
circumstances the first wife cannot lose her matrimonial rights by her
separate residence. 1
In ordinary life a man with more than one wife is talked of as not
being a very respectable person. Polygamy being looked upon with disfavors
the taking of a second wife during the life time of the first wife. Moreover,
the taking of a second wife without the consent of the first wife is a sufficient
ground for divorce.
Although a Myanmar Buddhist man can marry a second wife during
the lifetime of his first wife, a Myanmar Buddhist woman cannot marry again
during the subsistence of a valid marriage tie. 2 If a Buddhist woman marries
again during the subsistence of a marriage tie, she is guilty under section 494
of the Penal Code and that other husband is guilty of the offence of adultery
under Section 497 of the Penal Code. Such kinds of offences can be
prosecuted only by the aggrieved person.
Where a person marries a married woman during the subsistence of
her marriage with her husband and lives with her as husband and wife he can
be prosecuted for abetment of bigamy committed by the wife, but not for
bigamy punishable under section 494 of the Penal Code, and also for the
offence of adultery, punishable under section 497 of the Penal Code. 3
On the other hand, if a man says that he does not have subsisting
marriage and marries a woman then the fact known to her that he has had
first wife, in such case he is not guilty under section 495 of Penal Code 4
owing to the polygamy is allowed under Myanmar Customary Law. His
subsequent marriage is legal and his second wife has been a legal wife since
the time of taking in marriage her. 5 But it may be unfair for second wife who
believes that her husband has no subsisting marriage at the time of marrying
1
Daw Mya Kyin (a) Daw Kyin and 6 others vs. Daw Kyin Myaing (a) Daw Nan Aung, 2001
MLR P.312(313).
2
U Kaon Maung Ngwe vs. Daw Nan Saw (a) Daw Nan Son, 1990 Civil First Appeal Case
No. 460 (13-5-1993).
3
Subramanian vs. Sakra, 1958 BLR (HC)540.
4
Concealment of former marriage from person with whom subsequent marriage is
contracted.
5
Ko Soe Thein vs. The Union of Myanmar, 1973 MLR, P.10.
149
her. It may be considered as a disadvantage of polygamy. If the Myanmar
Customary Law recognizes monogamy and does not allow polygamy, the
accused person who conceals his subsisting marriage shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
Partition amongst Polygamous Family
In dealing with the partition of a polygamous family it should
consider in highlight the share of a wife of polygamous husband, inheritance
rights of co-widows and children by Maya-pyaing.
Although the husband is the lord of his wife and her property, he
cannot convey the property of the chief wife to the lesser wife or that of the
latter to the former. If the husband secretly supports his mistress with his
wife’s property and the wife comes to know of her husband’s action, such
property shall be restored to her possession .If the property belonging to both
husband and wife is given by the former; without the latter’s knowledge, to a
third person is entitled to obtain possession of it. If the person to whom the
property is so given is the lesser wife, she shall obtain only half of it. 1
Kinds of Wives
According to Dhammathats , there are three kinds of wives, viz;(i) Maya- Gyi : Superior Wife.
(ii)Taw- Pyaung : wife who does not eat together with her husband.
(iii)Slave Wife: wife who is not legally married.
There are no longer such wives as Taw –Pyaung and Slave wife. The
prevalent names used in such kind marriages Maya- Gyi and Maya –Nge are
translated into English as superior and inferior wives. During the days of the
Myanmar Kings, there are wives of the high officials as Pwe-Tet Maya, who
were qualified to attend special occasions with her husband before the royal
audience. Those who were not permitted to do likewise are known as lesser
wives or inferior wives.
Since the annexation of Myanmar by the British, there arose various
problems out of partition of legacy of the deceased husband who was
survived by more one wife. Such wives were considered to be Maya Gyi
1
150
(Superior wife) and Maya-Nge (Inferior Wife) depending on the status and
recognition they had gained through marital relations. Very few wives live in
the same house with their husband on equal status. Usually the lesser wife
lives separately in another residence known by the superior wife or not. She
plays no part in the business of her husband and just receiving his visits from
time to time. When the husband dies, the question arises whether or not both
the wives are legal wives, having the right to take their equal share in the
legacy.
However, the question is now finally settled by the ruling passed in
“Daw Kyi Kyi vs. Mrs. Mary Wain case 1. The significance of the ruling is
that as a new phrase, emerged Maya-pyaing, which can be literally translated
as either ‘parallel wives’ or ‘competing wives’, entered the Myanmar legal
lexicon, though the phrase Maya-pyaing had not, hitherto, been found in the
Dhammathats, in case law or in Statue.
There is no differentiation between ‘Maya-pyaing’ of a husband as to
the right to share the legacy left by him, provided, they are legally marriage
under Myanmar Customary Law reinforced by the statutory law, Buddhist
Women Special Marriage and Succession Act 1954. The connotation of
Maya-Gyi (Superior) wife and Maya-Nge(Inferior) wife are now quashed and
in place, there are First, Second wife; of equal status and right, they are now
earthed Maya pyaing.
In this case Daw Kyi Kyi is recognized as a legal wife of U Htin Wain
who is a Christian. It should be noticed that, the purpose of the Buddhist
Women Special Marriage and Succession Act, 1954 is not encourage to
marry Myanmar Buddhist women with different religions. In fact, it is no
more than to give the status of a legal wife of a non-Buddhist husband.
Share of a Wife of Polygamous Husband after Divorce
If a Myanmar Buddhist having a wife already takes a second wife, the
interest of the parties on the second marriage would be considered as follows.
2
(a) In property brought by the husband to the first marriage, husband
four-ninths, first wife three-ninths and the second wife two-ninths.
1
2
1971 MLR, P. 52.
Maung Po Nyun vs. Ma Saw Tin, 3 Ran, 160.
151
(b) In property inherited by husband during the first marriage,
husband four-ninths, first wife three-ninths and second wife twoninths.
(c) In jointly acquired property of his first marriage, husband twosixths, first wife three-sixths and second wife one-sixth.
(d) In property inherited by the husband after the marriage with the second
wife, husband one-half, first wife one-quarter and second wife onequarter.
(e) In the jointly acquired property of the two covertures, each wife would
take one-third and the husband one-third.
On a divorce by mutual consent between the husband and the second
wife, the second wife would take her share in the various properties as
defined above, but on her becoming entitled to divorce with forfeiture of all
the husband's property owing to his misconduct, she would take, in addition
to her own above share, the husband's share, that is to say, she would take all
except the first wife's interest in the property.
Although in Maung Po Nyun’s case it has been held that in the
property inherited by the husband after his second marriage the husband gets
two-fourths and each wife one-fourth; but whereas in C.T.P.V. Chetty Firm
Vs. Maung Tha Hlaing, 1 case it has been held by Full Bench that in such
property the husband gets four-sixths and each wife one-sixth.
In both these cases the general principle of Maungye Dhammathat,
that in the property inherited by the husband from his parents after his
marriage the husband gets double the share of the wife, has been accepted as
the basis of the decision. But the difference lies in the application of principle
which laid down in the Manugye Dhammathat. In the first case held that the
husband’s share should be double of each wife. In the second case held that
the husband’s share should be double of the wives collectively.
Thus, where a husband having two wives inherits property after the
second marriage such property is lettepwa by succession, and the husband’s
interest therein is two-thirds. The interest of the wives jointly is one-third and
each acquires a vested interest in one-sixth. In the case of ordinary lettetpwa
acquired by a husband with two wives, his interest therein is one-half and
that of each of wives is one-fourth.
1
3Ran,322(FB).
152
Inheritance Right of Co-widows
In a polygamous family there may be a controversial legal problem to
decide how the surviving wives of a deceased husband inherit the estate of
the deceased.
After an extensive examination of the Dhammathats, the court
recognized the right of two women to inherit on equal footing as wives in the
estate of a deceased Myanmar Buddhist. Wives are entitled to equal shares of
their husband’s left property. 1
On the death of the husband who has two wives, the second wife,
being on equal heir with the first wife to the husband, gets one-third of the
property jointly acquired in the first coverture and half of the property jointly
acquired in the second or double coverture. 2 Thus, where a man dies leaving
more than one widow, all of them are entitled to share in his estate.
Under Myanmar Customary Law, the co-widows may claim equal
share in the husband’s estate, whether they live with the husband or not,
inherit his estate on an equal footing. 3
A woman claiming to be a ‘co-wife’ must unequivocally prove that
cohabitation with the man is in accord with essential requirements of a valid
marriage. Where there is a formal ceremony, there can be no difficulty in
determining the status of the woman. But where such direct evidence is not
available and proof of status depends wholly or mainly on conduct and repute
the circumstances of each case must be scrutinized with care to see that the
conduct and repute proved are of the status of marriage. 4
In Daw Khin Po Ei vs. Daw Mya Than and four others case 5, a
Myanmar Buddhist woman was the third wife of a Chinese Buddhist man.
On the death of the husband, it was held that each of the three wives was
equally entitled to one-third share of the deceased estate.
In Daw Aye Lon(a) Nan Sein Kyi vs. Daw Khin Ni, a dispute arose
over the assets and pension money of Mann Ba Khaing, one of the martyrs
assassinated together with Bogyoke Aung San, between his Christian wife
1
Ma Kin Gale and Three vs. Ma Kin Gyi and six (1910-13) U B R ,42.
Daw Hla Ohn vs. Ma Nyun and others, 1937 RLR 410.
3
Sisir Chandra Lahiri, Principles of Modern Burmese Buddhist Law, 5th Edition, 1951, P.30.
4
Ma Shwe Yin vs. Maung Ba Tin, 1 Ran, P.343.
5
Daw Khin Po Ei vs. Daw Mya Than and four others, 1976 Civil First Appeal No.3.
2
153
Daw Aye Lon and Buddhist wife Daw Khin Ni. Daw Aye Lon claimed that
she was the lawful widow of the deceased. The Court held that Daw Aye Lon
is the first wife and Daw Khin Ni is the second wife of the deceased and they
can entitle to equal rights. 1
Property inherited by a wife from her parents during marriage
becomes joint property of the couple and the husband acquires a vested
interest to the extent one-third in the same. 2 But it has been held in a case that
although the husband has a vested interest in the property inherited by his
wife, on his death his other wives do not take any share in that property as it
reverts to the wife who inherited it. 3
Inheritance Right of Children by Maya-pyaing
Where a Myanmar Buddhist male has contracted two marriages and both
wives have been alive at the same time, the children of the first marriage in
point of time, whose parents both predeceased their step-mother, are heirs of
their step-mother in respect of her separate property, when there are no
children or direct descendents of the second wife. The expressions “former
husband” and “former wife” may connote that the marriage in question has
terminated, but the expression “former marriage” means a marriage which is
earlier in point of time and may be subsisting with a marriage contracted
later. The children of the first marriage are pubbaka children of the second
marriage and entitled to inherit in the absence of descendents of the second
wife. 4 The step-children are entitled to inherit even if they are not living with
the parents after they married. 5
Where a Myanmar Buddhist has two wives, the children of one wife
are entitled on her death to claim partition against the father and his other
wife. In property which was inherited by the deceased mother from her
parents, the children share is two-thirds. 6 On the death of polygamous father,
father, the children of pre-deceased wife can be entitled to inherit not only
1
Daw Aye Lon (a) Nan Sein Kyi vs. Daw Khin Ni, 1970 Civil First Appeal No.82.
Daw Kyi Kyi vs. Mrs Mary Wain, 1971 MLR P.52.
Daw Hla v. Daw Ohn Khin, 1976 Civil General Application No. 87.
2
Ma Gywe vs. Ma Thi Da II UBR (92-96) P.194.
3
Ma Gon Pon vs. Ma Me Mi, 5Ran 448.
4
Maung Thein and another vs. Maung Nyo Sein and another, 1939 RLR 160.
5
Maung Dwe V. Khoo Haung Shein, 3 Ran 29.
Daw Thein Sint V. Daw Saw Shin and one, 1995 M.L.R. 197.
6
Maung Aung Pe vs. U Tun Aung Gyaw and two, 8 Ran, 524.
154
their deceased mother's share but also the share of their father's vested
interest of their marriage property. 1
Thus it can be seen that Myanmar Customary Law has already laid
down principles relating to the partition among the wives of polygamous
husband and if not so there may be severe financial effects on her and her
children.
Conflict of Authorities on Polygamy System
One of the most important but difficult question to be discussed is
whether polygamy should be lawful or not. The passages in the
Dhammathats which deal with the right of a wife to claim divorce from her
husband who commits adultery are conflicting. No express prohibition is
contained in these passages, but the reasonable inference from many texts is
that adultery on the part of the husband or wife is forbidden by Myanmar
Customary Law, for the committing of adultery alone entitles the innocent
spouse not only to claim a divorce but to retain all the property, joint and
separate, belonging to both the couple, and the guilty partner is to leave the
house with only a suit of clothes.
Section 256 of the U Gaung Digest volume II mentions the rules
relating to divorce when either spouse is guilty of incontinence as hereunder.
According to Yazathat, if the husband desires to divorce his chief
wife because she objects to his taking a second wife, he may obtain a
divorce, but shall make over to her the whole of their property, animate and
inanimate.
Dhammathatkyaw states that if the husband and wife are not in
mutual accord, or if they do not respect each other, or care for each other's
welfare, but each treats the other with neglect, the husband taking a second
wife or the wife keeping a paramour, so that there naturally is no peace in the
house they should divorce. If the wife is guilty of adultery, she shall be sold
after shaving her head in four patches. If the husband is incontinent, he shall
leave the house, with only a suit of clothes on him, and the wife is entitled to
retain the whole of the property.
The Dhammavilasa Dhammathat lays down that if the husband is
guilty of incontinence, let him leave the house with only a suit of clothes on
and let the wife have the whole of the property.
1
U Myat Soe and three others vs. Daw Tin Kyi, 2005, MLR, P. 42.
155
Rajabala Dhammathat mentions if the chief wife objects to the
husband taking a lesser wife, he may obtain a divorce from her by making
over to her the whole of their property.
According to Kyetyo if the husband takes a second wife, he shall
leave with the chief wife the whole of their property with the exception of a
suit of clothes. He shall also liquidate all debts.
But there is a little different view which can be found in Manugye
Dhammathat as follows.
If the husband having taken a lesser wife, shall abuse and beat his
first, and it be prove that he has in any way oppressed her, let them go
together again and line in good terms. If after having gone together again, the
husband shall behave in the same way, let him leave the house with only one
cloth, and let him pay all the debts; wise judges may decide thus. But if the
wife says she does not wish to remain with him any longer, that she wishes to
separate, let them do so; let the property belonging to both be equally divided
between them; and though the husband declare his unwillingness to separate,
let the divorce be made as if both were consenting.
Also in Dhamma, the similar view can be seen as;
The husband takes a lesser wife and ill-treats his chief who on that
account seeks divorce to which he does not consent. Divorce shall be granted
and partition of the animate and inanimate property shall be made as if the
divorce were desired by mutual consent. If, on the other hand, the husband
seeks divorce, the wife is entitled to the whole of the animate and inanimate
property, and he shall leave the house with only a suit of clothes on him.
Thus by following only the Manugye and Dhamma the courts has
decided that, the husband can marry another wife without the consent or
agreement of the first wife. If such first wife seeks divorce, the court shall
grant as if the divorce was desired by mutual consent. The property
belonging to both shall be equally divided by them.
However if there is an adultery on the part of a wife, her husband is
entitled not only to divorce but also to get all property belonging to them.
It is not forbidden to a Myanmar Buddhist to have two wives at the
same time but it is universally conceded that the leading principle of
Buddhism is rather monogamy than polygamy. Thus a woman should not co-
156
habit with a man whom she knows to be the lawful husband of another
woman.
Section 393 of the Attasankhepa Vannava Dhammathat lays down the
law of separation between a husband and wife when either of them is guilty
of a matrimonial fault as follows.
If separation between the husband and wife takes place owing to the
commission of adultery by the wife, she shall be sent away with only the
clothes on her person, after being made to pay her husband the price of her
body and damages in the sum of 40 ticlas of silver for the offence committed;
all the debts contracted shall be borne by her, while the property, animate and
inanimate, which belonged to both, shall be enjoyed by the husband alone.
If separation occurs owing to the husband taking lesser wife or
concubine, all debt contracted shall be paid by him, and he shall be sent away
with only the clothes on his person, while all the animate and inanimate
property which belonged to both, shall be enjoyed by the wife alone.
Thus according to the above texts it can be concluded that, where the
husband or wife has been guilty of adultery deserves to be severely punished.
According to Manugye Dhammathat even a deserting wife can claim
a divorce on her husband re-marrying within a year and the deserted husband
is enjoyed to wait for one year before he takes another wife, under penalty of
loss of all the property. 1 Obviously such a provision should not be needed if
polygamy is recognized by Myanmar Customary Law.
Therefore, it can be concluded that, under the authority of ancient
Dhammathats, the leading principle of Myanmar Customary Law is rather
monogamy than polygamy.
Conclusion
At present, the practice of polygamy is more and more popular but
socially not favoured and looked down. It is only to be mentioned that the
second wife is given an equal status with the first wife and is not deemed to
be lesser in status. If the husband takes second wife without the consent of
the first wife, she has a right to divorce him at any time.
1
Manugye Dhammathat, Volume-V, Section 17.
157
While polygamy system is legal on the other hand adultery on the part
of the husband and taking another wife by husband are recognized as
matrimonial faults under Myanmar Customary Law. Although adultery on
the part of the husband and taking another wife by the husband are ordinary
matrimonial faults, adultery on the part of the wife is a grievous matrimonial
fault with more severe punishment on her. The penalty which the
Dhammathats impose upon husband and wife for committing adultery should
apply to both, because the Myanmar Customary Law makes no distinction
between the sexes regarding the penalty.
On the other hand, it is needs to have children to continue the lineage.
Thus, polygamy system is necessary to be recognized if the wife is barren
and does not beget children. But the penalty for taking another wife and
adultery on the part of the husband or wife without the consent of another
spouse should be equality between men and women.
Article 15 and 16 of the United Nations Convention on the
Elimination of All Forms of Discrimination against Women, 1979 ﴾CEDAW﴿
mentions the equality of women with men before the law and to eliminate
discrimination of women in matters relating to marriage and family relation.
Moreover article 2 of the Universal Declaration of Human Rights,
1948 declares relating to the equal right mankind as follows;"Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or status."
Thus, it should make towards placing husband and wife on the same
level and the equal treatment of the sexes when under the yoke of matrimony.
They are entitled to equal rights as to marriage, during marriage and at its
dissolution. All are equal before the law and entitled without any
discrimination to equal protection of the law. Hence for the family welfare
and the development of society there should be a change in the traditional
role of husband and wife. The taking of another wife should be treated as
equal in blame to adultery committed by the wife. If the guilty wife loses all
her rights it would appear natural that the husband should lose all his in like
circumstances. According to the previous decisions of courts, where taking
another wife or adultery on the part of the husband is ordinary matrimonial
fault and if they desire to divorce, they share equally on their property and if
158
there is an adultery on the part of the wife, it is grievous matrimonial fault
and if the husband desires to divorce he can get all property which belong to
them. So it should be considered such decisions are whether justified or not.
If a man who concealed of former marriage and subsequent marriage
is contracted, should not be punished with section 495 of the Penal Code, he
should be punished with cheating or any other offence which is a criminal
nature.
From the past up to the present days many happy families have been
broken up due to man's inordinate sexual desires. Hence the Buddha taught
all human beings to refrain from committing adultery. All Buddhists, not
only wife but also husband, should not commit adultery, because which is
important for making society as a better place to live in.
It also should be noticed that in the period of the lake King of
Myanmar had issued an edict declaring that it was unlawful to take a second
wife during the life time of the first, imposing pains and penalties on those
who did so. If the practice of monogamy has been prevailed since the era of
Myanmar King, there might have never been the events of assassination for
dynasty.
Therefore, even though the polygamy system is allowed, to be in line
with the rules laid down in Dhammathats and to reestablish the moral
character of spinsters who would like to marry with another woman's
husband, if the husband takes another wife or commits adultery, the wife
should be given the right to divorce and to retain the whole of the property.
Acknowledgements
I would like to express my deep gratitude to Professor Dr. Daw Than Nwe,
Executive Member, Myanmar Academy of Arts and Science, for her valuable advice and
suggestions. I will never forget to thank my Professor and Head Daw Thaung Myint, for
giving me the time to complete the work on my research and for her kind support. I am
grateful to my Professor Dr. Daw Khin Phone Myint Kyu for her guidelines and advice. I am
very thankful to my teachers, seniors, colleagues and friends for their invaluable support and
kind co-operation.
159
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Study on the Interpretation of article 31 of the Refugee Convention:
Illegal Entry
Hnin Hnin Saw Hla Maung
Abstract
The Article 31 (1) of the 1951 Refugee Convention specially obliges States
not to impose penalties on refugees within Article 1(2). The Article 31 (2)
of the 1951 Refugee Convention calls upon States not to apply to the
restrictions on freedom of movements for refugees, other than those that are
necessary. The text of the 1951 Convention and the travaux preparatoires
(preparatory works) gave a little light as a guidance of interpretation.
Decision makers have left to provide principles relating to the terms within
the Article. They may therefore select legislative incorporation,
administrative regulation, and formal and ad hoc procedures in their own
ways. International standards and UNHCR guidelines have given certain
specific meaning of the terms within the Article. Although, the practice of
States has arbitrarily provided certain interpretations: “coming directly”,
“without delay”, “good cause”, the precise meaning of “penalties”, the issue
of “detention” and “necessary”.
Key words: “coming directly”, “without delay”, “good cause”, “penalties”,
“detention”, “necessary”
Introduction
The Article 31 of the 1951 Convention Relating to the Status of
Refugees codifies principle of non-penalization and restrictions on freedom of
movement (detention) of refugees which come directly from territory where
their life or freedom is threatened. Under this article, they present themselves
to the authorities without delay to the authorities and show good cause for
their illegal entry or presence.
The text of the 1951 Convention and the travaux preparatoires
(preparatory works) did not give the exact meaning of the terms of the Article.
The Convention drafters left to provide principles relating to the terms within
the Article. Even though International standards and UNHCR guidelines have
given certain specific meaning of the terms within the Article, many States
increasingly seem unable to take systematic examination, the terms of article
31 of the 1951 Convention. The problem is that the contracting States, in
different approach, review the central issues rising out of relating to article
Lecturer, Dr,Department of Law, Yangon University
162
31(1) with particular reference to the scope of protection: “coming directly”,
“without delay”, “good cause”, and the precise nature of the immunity
(“penalties”) and examines article 31 (2), with particular reference to
restrictions on freedom of movement, the issue of detention and the
“necessary” measures. The paper examines the meaning of the Convention;
original text; international standards; and State practice relating to the article
31(1) and (2) of the Refugee Convention. The paper aims to fill the systematic
examination of refugee claims relating to the interpretation of the terms within
the Article 31 for their illegal entry.
The Origins of the Text
Under the Article 31(1), the travaux préparatoires (preparatory work)
affirm that refugees within the Article 1A (2) who enter or are present without
authorization, whether they have come directly from their country of origin or
from any country in which their life or freedom was threatened, provided they
show good cause for such entry or presence.
Article 1A (2) of the Refugee convention reads that refugee means:
A person who owing to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social group
or political opinion, is outside the country of his nationality and is unable or,
owing to such fear, is unwilling to avail himself of the protection of that
country; or who, not having a nationality and being outside the country of his
former habitual residence as a result of such events, is unable or, owing to
such fear, is unwilling to return to it.
There extensively contained no discussion the term ‘penalty’ within
the preparatory work of the treaty. Penalties are interpreted only as criminal
sanction according to the French term ‘sanctions pénales’(liable to criminal
prosecution; subject to criminal penalty). As a broader view, the term covers
the object and purpose of the treaty taking into account other human rights
treaties.
In the Ad Hoc (for the particular end or case at hand without
consideration of wider application) Committee on Statelessness and Related
Problems, 1950, a proposal non-penalty to refugee is first included in the draft
convention. The draft Article 24 provided: the High Contracting Parties
undertake not to impose penalties, on account of their illegal entry or
residence, on refugees who enter or who are present in their territory without
prior or legal authorization, and who present themselves without delay to the
163
authorities and show good cause for their illegal entry. As the next step, draft
article 26 1 further redefined during later meetings is almost the same meaning
as the article 24.
During this meeting, Australia called for a clarification of the term
‘penalties’ should be confined to judicial penalties only, no further
clarification was provided. The draft text was thereafter considered by the
1951 Conference of Plenipotentiaries on the Status of Refugees and Stateless
Persons in Geneva in July 1951.
With respect to restrictions on freedom of movement under Article
31(2), the 1951 Refugee Convention recognizes that in certain circumstances,
States may impose restrictions on freedom of movement. These provisions
reflect the circumstances prevailing when the treaty was drafted. Article 9 of
the 1951 Convention was drafted specifically to cover situations of war or
other grave and exceptional emergency. It reflected the difficulty faced by
some States during the Second World War in distinguishing clearly and
promptly between refugees and enemy nationals. This provision thus
maintains the right of States to take “provisional measures” against a
particular person, pending a determination. Article 26 of the 1951 Convention
thus prescribes freedom of movement for refugees as accorded to aliens
generally in the same circumstances.
Discussions at the 1951 Conference
During the 1951 Geneva Conference, France was concerned
that it should not allow those who had already ‘found asylum . . . to move
freely from one country to another without frontier formalities’. 2 During the
course of the debate, the United Nations High Commissioner for Refugees, Dr
Van Heuven Goedhart, expressed his concern about ‘necessary transit’ and the
difficulties facing a refugee arriving in an ungenerous country. It would be
unfortunate, if refugees were penalized for not having proceeded directly to
the country of asylum. The United Kingdom representative, Mr Hoare, also
said that fleeing persecution was itself good cause for illegal entry, but there
could be other good causes. Similarly, the French suggested the proposed
remark to exclude refugees in a country other than the one in which . . . life or
freedom would be threatened’. They cannot be able to find temporary
protection. Also, comment of M. Rochefort on the French position is: “if
1
2
UN doc. E/AC.32/L.32, 9 Feb. 1950.
UN doc. A/CONF.2/SR.13, (M.Colemar, France).
164
refugees crossed the French frontier without their lives being in danger, the
French Government would be entitled to impose penalties and to send them
back to the frontier”.
The term “penalties” is not defined in Article 31 and the question
arises whether the term used in this context should only comprise criminal
penalties, or whether it should also include administrative penalties. Some
argued that the drafters seem to have had in mind measures such as
prosecution, fine, and imprisonment. French version of article 31 (1) refers to
“sanctions pénales”, and on case law. As mentioned above at the beginning,
English version used the term ‘penalties’ as a wider interpretation which
differs from French’s one. Their views on the terms are tendency to the
meaning with regard to the object and purpose of the treaty. Article 31 (1)
thus includes threats to life or freedom as possible reasons for illegal entry or
presence; particularly other circumstances, such as good cause for illegal
entry, will be considered.
The Article 31 of 1951 Convention Relating to the Status of Refugees
provides:
The Contracting States shall not impose penalties on the account of
their illegal entry or presence, on refugees who coming directly from a
territory where their life or freedom was threaten in the sense of article 1,
enter or are present in their territory without authorization, provided they
present themselves without delay to the authorities and show good cause for
their illegal entry or presence.
With regard to the restrictions on freedom of movement under Article
31(2), Article 26 of the 1951 Convention prescribes freedom of movement for
refugees as accorded to aliens generally in the same circumstances. Eight
States have made reservations, six of which expressly retain the right to
designate places of residence, either generally or on grounds of national
security, public order or public interests. Several African countries have
accepted Article 26, provided refugees do not choose to reside in a region
bordering their country of origin; and that they refrain in any event from any
activity or incursion of a dissident nature with respect to the country of origin,
in exercising their right to move freely.
Article 31 (2) implies that States may only impose restrictions on
movement which are ‘necessary’, for example, on security grounds or in the
special circumstances of a mass influx, although restrictions are generally to
165
be applied only until status is regularized or admission obtained into another
country.
Article 31(2) of the 1951 Convention says:
The contracting States shall not apply to the movements of such
refugees restrictions other than those which are necessary and such restrictions
other than those which are necessary and such restrictions shall only be
applied until their status in the country is regularized or they obtain admission
into another county. The Contracting States shall allow such refugees a
reasonable period and all the necessary facilities to obtain admission into
another country.
International Standards and over Views on the Meaning of Terms
For illegal entry, the Executive Committee (EXCOM) No. 44 (1986)
and No. 55 ( 1989) noted with deep concern that large number of refugees and
asylum-seekers in different areas of the world are currently the subject of
detention or similar restrictive measures by reason of their illegal entry or
presence in search of asylum, pending resolution of their situation.
The EXCOM No. 85 (1998) noted with asylum-seekers detained only
because of their illegal entry or presence are often held together with persons
detained as common criminals, and reiterates that this is undesirable and must
be avoided whenever possible, and that asylum-seekers shall not be located in
areas where their physical safety is a danger.
In the EXCOM No. 97 (2003), the Committee intercepted asylumseekers and refugees should not become liable to criminal prosecution under
the Protocol Against the Smuggling of Migrants by Land, Sea or Air for the
fact of having been the object of conduct set forth in article 6 of the Protocol,
nor should any intercepted person incur any penalty for illegal entry or
presence in a State in cases where the terms of Article 31 of the 1951
Convention are met.
Under the International Covenant on Civil and Political Rights
(ICCPR), whether the word “penalty” in article 15(1) should be interpreted
narrowly or widely and whether it applies to different kinds of penalties,
“criminal” and “administrative”, must depend on other factors. In this case,
166
the Human Rights Committee notes that the State parties to the covenant must
pay attention to its object and purpose. 1
Nowak (1993:278) refers to the term “criminal offence” in article 14
of the ICCPR. He argues that “every sanction that has not only a preventive
but also a retributive and / or deterrent character is . . . to be termed a
penalty”. In this context, the distinction between criminal and administrative
sanctions becomes irrelevant. It is necessary to look beyond the notion of
criminal sanction and examine whether the measure is reasonable and
necessary, or arbitrary and discriminatory, or in breach of human rights law.
The meaning of “illegal entry” would cover entry through the use of false or
falsified documents, clandestine entry, and entry into State territory with the
assistance of smugglers or traffickers. Illegal presence has included lawful
arrival and remaining. The notion of “good cause” should be considered to be
sufficient reason for persecution. Refugees are not required to have come
“directly” from their country of origin. The criterion of “good cause” for
illegal entry is clearly flexible to allow the elements of individual cases to be
taken into account.
UNHCR revised Guidelines on the Detention of Asylum-seekers,
1999, mentioned that Article 31(1) of the 1951 Convention should be
interpreted as follows:
1.
The term “Directly” should not be strictly or literally constructed, but
depends rather on the facts of the case, including the question of risk at
various stages of the journey;
2.
“Good cause” is equally a matter of fact, and may be constituted by
apprehension on their part of the refugee or asylum seeker, lack of
knowledge of procedures, or by actions undertaken on the instructions
or advice of a third party; and
3.
“Without delay” is a matter of fact and degree as well. It depends on
the circumstances of the case, including the availability of advice, and
whether the state asserting jurisdiction over the refugee or asylum
seeker is in effect a transit country.
Where cruel punishments are imposed that do not conform to
international human rights standards such as the death penalty or severe
1
Van Duzen v. Canada, Communication No. 50/1979, UN doc.CCPR/C/15/D/50/1979, 7
April 1982, para. 10.2.
167
corporal punishment, including flogging, their persecutory character is
particularly evident under the UNHCR Guidelines on Gender-Related
Persecution, 2002.
According to Declaration against Torture and other Cruel, Inhuman or
Degrading Treatment or punishment, any act of torture or other cruel,
inhuman or degrading treatment or punishment is an offence to human dignity
and a fundamental violation of human rights. No State may permit or torture
or other cruel, inhuman treatment or punishment. Exceptional circumstances,
including state of war, internal political instability or public emergency, may
not be invoked as justification of such acts.
In the deliberations of the Human Rights Committee of scholars
relating to the interpretation of the term “penalty” in Article 15(1) of ICCPR,
Goodwin-`Gill rightly points to the fact that the Human Rights Committee has
refused to restrict the notion of a “penalty” in such a narrow way -` even
though this is a provision with a decidedly criminal law orientation. The
Committee also determined that “whether it applies to different kinds of
penalties, criminal’ and “administrative” must depend on other factors. Apart
from the text regard must be had, inter alia (among other things), to its object
and purpose.
In EXCOM No. 15(1979), where a refugee who has already been
granted asylum in one country requests asylum in another country on the
ground that he has compelling reasons for leaving his present asylum country
due to fear of persecution or because his physical safety or freedom are
endangered, the authorities of the second country should give favourable
consideration to his asylum request.
Also, EXCOM No. 58, 1989, reads: where refugees and asylumseekers … move in an irregular manner from a country where they have
already found protection, they may be returned to that country if (i) they are
protected there against refoulement (sending asylum seekers back to their
countries) and (ii) they are permitted to remain there and to be treated in
accordance with recognized basic human standards until a durable solution is
found for them…
EXCOM No. 22, 1981, reads: they should not be penalized or exposed
to any unfavourable treatment solely on the ground that their presence in the
country is unlawful. They should not be subjected to restrictions on their
168
movements other than those which are necessary in the interest of public
health and public order …
The Guidelines for National Refugee Legislation and commentary
adopted by Organization of African Unity (OAU)/UNHCR Working Group
(1980) provide that no person who has illegally entered or is illegally present
in the country shall be declared a prohibited immigrant, detained, imprisoned
or penalized in any other way merely by reason of his illegal entry or
presence, pending an examination of his application for refugee status. Such a
person shall present himself to the competent authorities without undue delay.
For restrictions on freedom of movement under Article 31(2), Article
26 of the 1951 Convention prescribes such freedom of movement for refugees
as is accorded to aliens generally in the same circumstances. Some States have
made reservations on national security, and public order and public interest.
These reservations are reiterated in the 1969 OAU Refugee Convention and
the 1954 Caracas Convention on Territorial Asylum.
The EXCOM No. 3 (1977) provided that in a number of cases the
basic human rights of refugees had still not been respected, that refugees had
been subjected to physical violence, to unjustified and unduly prolonged
measures of detention and to measures of forcible return in disregard of the
principle of non-refoulement. The Committee also recommended that an
expulsion order should only be combined with custody or detention if
absolutely necessary for reasons of national security or public order and that
such custody or detention should not be unduly prolonged (also in EXCOM
No. 106 (2006), No. 65 (1991); No. 7 (1977) and No. 44 (1986).
Also, Article 12 of ICCPR applies to any person lawfully within a
territory, but the interpretation of the term “necessary” is also related to the
application of article 31 (2) of the 1951 Convention. Article 12(3) of the
ICCPR stipulates that freedom of movement shall not be subject to any
restrictions except to protect national security, public order, public health or
morals or the rights and freedoms of others, and are consistent with the other
rights recognized in the present covenant.
Under Manfred Nowak (1993:278) remark in ICCPR, “the
requirement of “necessity” is subject to objective criteria and the decisive
criterion for evaluating a given case must be proportionality”. Every
restriction thus requires a precise balancing between the right to freedom of
movement and those interests to be protected by the restriction.
169
The Executive Committee discredited detention for illegal entry
(EXCOM No. 85 (1998) and No. 101(2004); arbitrary detention (EXCOM
No. 36 (1985), No. 65 (1991) and No. 89 (2000); severe restriction on
movement of refugee (EXCOM No. 65 (1991); detention under unacceptable
condition EXCOM No. 68 (1992); unjustified detention EXCOM No. 71
(1993). The Committee also explored detention practices are consistent with
human rights standards in EXCOM No. 68 (1992); urges States to explore all
feasible alternatives to detention (EXCOM No. 85 (1998) and States to refrain
from detaining children (EXCOM No. 107 (2007).
Accordingly, in 1998, the UNHCR Executive Committee stated that
such detention practices are inconsistent with human rights standards and
urged States to explore more actively all feasible alternatives to detention.
UNHCR Guidelines on the Detention of Asylum-seekers’, 1999,
reaffirm that, asylum-seekers should not be detained. Detention may be used
first to all possible alternatives: reporting and residence requirements,
guarantors, bail, and the use of open centers. Detention should be used only if
it is reasonable and proportional and above all, necessary to verify identity
and to determine the elements.
When detained, asylum seekers should benefit from fundamental
procedural safeguards such as prompt and full advice of the detention, in a
language which they understand; advice of the right to counsel and free legal
assistance, wherever possible; automatic review and periodic reviews
thereafter detention; and the right to contact and to communicate with
UNHCR or other local refugee bodies and an advocate.
The UNHCR Guidelines also draw on general international law with
regard to the treatment to be accorded to minors, other vulnerable groups, and
women, and to the conditions of detention, which should be humane and
respectful of the inherent dignity of the persons. Detention may be used where
a danger goes to the public or national security. Similarly, for others: racial
origin, religious conviction, or fear of political problems with neighbouring,
States may be used justify restrictions on liberty.
Human Rights first, 2011 said that Despite Article 31(2) and the
Department of Homeland Security having the discretion to parole refugees,
the U.S has recently made it more difficult to parole refugees currently in
detention. On November 6th 2007, ICE issued new guidelines on the paroling
of refugees in detention. These guidelines further limit the release of refugees
170
from detention and are inconsistent with international refugee and human
rights law.
Thus, human rights treaties affirm that no one shall be subject to
arbitrary arrest or detention. All detention must be in accordance with law to
protect national security or public order. Detention should be reviewed in line
with its legality and necessity. International law governs the conditions of
detention, and minimum standards have been recommended by the Executive
Committee and UNHCR.
State Practice
National constitutional principles may incorporate, reflect, or improve
on the rules and standards of international law, the terms of any implementing
legislation, and the operation of policy at the executive level. States are
different from one another in implementation of the international standards
described above. Also, many judgments confirm the importance and
applicability of certain basic standards in the application of Article 31 of the
1951 Convention.
With regard to National Legislation, Article 23 (3) of the Federal Law
Concerning the Stay and Establishment of Foreigner reads: whoever takes
refuge in Switzerland is not punishable if the manner and the serious of the
persecution to which he is exposed justifies illegal crossing of the frontier.
Likewise, Finnish legislation takes into account the motives of the perpetrator
and the conditions affecting the security of the person in his country of origin
or country of habitual residence when determining whether organized illegal
entry should be penalized.
In UK, Section 31 of the Immigration and Asylum Act 1999 reads: a
refugee charged must show: coming directly from a country where he was
threatened to the authorities in the UK without delay; having good cause for
illegal entry or presence; and making a claim as soon as reasonably
practicable after arrival in the UK…
In penalties for fraud document, the immigration and Naturalization
Service shall not issue enforcement procedures of US, an applicant being
well-founded fear of persecution must present himself without delay to INF
officer and shown good cause for his or her illegal entry or presence …
Similarly, Section 2 of the Refugee Act 1992 contains one who
illegally enters or is illegally present in Ghana shall not be declared a
prohibited immigrant; be detained; or be imprisoned or penalized in any other
171
manner merely by reason of his illegal entry or presence pending the
determination of his application. Also in Lesotho, Section 9 of the Refugee
Act, 1983 takes after the provision of the Ghana Act.
The Refugee Act 1991 in Mozambique stipulates that criminal or
administrative proceedings related to illegal entry shall be suspended
immediately upon submission of a refugee claim. The Refugee Act 1989 in
Malawi exempts a refugee from penalization for illegal entry or presence
provided he or she presents him or herself within twenty-four hour of his or
her entry. Section 10(4) of the Act provides: a person who illegally enters or is
illegally present shall be detained, imprisoned or penalized unless and until
the Committee has considered and made a decision on his application.
Under German Law, this detention is not considered to constitute a
deprivation of liberty. Asylum seekers rejected in the airport procedure, which
cannot be removed may, however, spend months in the closed centre, pending
discretionary entry or removal. In Greece, according to the penal law as
amended by Law No. 2408/1996 and Law No. 2521/ 1997, criminal courts
may not order the deportation of an alien sentenced to imprisonment, if this is
contrary to the provisions of international agreements to which Greece is a
party. In practice, however, the courts continue to order the deportation of
irregular migrants convinced of illegal entry or stay, without regard to their
status.
In Italy, the law at present does not provide for the detention or
restriction of freedom of movement of asylum seekers who are admitted to the
procedure. Persons in transit at Luxembourg airport are detained if they have
either false documentation or no documentation at all. Detention may also be
employed, in exceptional circumstances, to facilitate the transfer of the asylum
seeker to the State responsible under the Dublin Convention for assessing the
claim. An initial period of one month can be extended, on the authority of the
Minister of Justice, for additional period of one month periods, but the
maximum period is three months.
In the Netherlands, according to Article 7(a) of the Aliens Act, aliens
who arrive by air or sea without proper documentation and who are refused
entry to territory may be detained, pending removal. If the application is
declared ‘manifestly unfounded’ or inadmissible and the asylum seeker is
detained pending removal.
172
In Sweden, asylum seekers may be detained if their identity or
nationality is in doubt or if they are likely to be rejected. Although detention
orders are regularly reviewed by the administrative courts, there is no
maximum period and individuals often tend to be detained indefinitely,
sometimes for up to one year or more. In France, asylum seekers are generally
not detained solely on the basis of their application for asylum.
In developments in Australia refugee law and policy 2010-2011, under
section 61 of the Constitution of the Commonwealth, there was no obligation
to afford procedural fairness in the conduct of those reviews. The High Court
strongly disagreed that because the Minister decided to consider exercising
power under sections 46A and 195A of the Migration Act in every case where
an offshore entry person claims to be a person to whom Australia owes
protection obligations, the RSA and IMR processes are ‘steps taken under and
for the purposes of the Migration Act’. As these inquiries directly impacted on
the plaintiffs’ rights and interests to freedom from detention, those making the
inquiries were bound to act according to law, affording procedural fairness to
the plaintiffs. The High Court found neither of these requirements to have
been met.
In Case Law, the Divisional Court in the United Kingdom observed R.
v. Uxbridge Magistrates’ Court and another, exparte Adimi, 1 : ‘that article 31
extends not merely to those ultimately accorded refugee status but also to
those claiming asylum in good faith (presumptive refugees ). Article 31
protections can apply to those using false documents and enter a country
clandestinely.
In R v. Asfaw (Appellant) ()n Appeal from the Court of Appeal
(Criminal Division), 2011, professor Hathaway comments adversely (p.372)
on the UK’s prosecution of asylum-seekers transiting through the country en
route to North America, and express the opinion (p 406) that international law
provides no sanction for the UK’s policy of pursing criminal charges against
refugees found to have used false papers to pass through its territory.
The Regional Superior Court (Landesgericht) in Münster, Federal
Republic of Germany, found that an asylum seeker who entered illegally and
who presented himself to the authorities one week after arrival was not to be
penalized for illegal entry. The court observed that there is not general time
limit for determining what constitutes ‘without delay’, which should be
1
(1999) Imm AR 560. A fuller account of this case appears in section III.B.1.
173
considered on a case-by-case basis. In the Oberlandesgericht Celle and the
Landesgericht Münster, refugees can claim exemption from penalties for
illegal entry, even if they have passed through a third State on their way to
Germany from the State of persecution.
In the case of Shimon Akram and Others, the Court of First Instance
(Criminal Cases) in Myttilini, Greece, found the defendants- Iraqi citizens of
the Catholic faith-to be innocent of the crime of illegal entry. Referring to
Article 31 of the 1951 Convention, the Court concluded that refugee status
precludes the imposition of penalties on asylum seekers for illegal entry.
The Swiss Federal Court confirms the above interpretations, and
especially that ‘good cause’ is not about being at risk in a particular country,
but much more about the illegally of entry. The Federal Court said: A refugee
has good cause for illegal entry especially when he has serious reason to fear.
In the event of a regular application for asylum at the Swiss frontier, he would
not be permitted to enter Switzerland, because the conditions laid down in
Article 13c of the Asylum Law and Article 4 of the Asylum Procedure Law
are not met.
The United States Supreme Court laid down the principle in Zadvydas
v. Immigration and Naturalization Service that the detention of a non-citizen
in an immigration and control context should be limited to a period reasonably
necessary to bring about the person’s removal from the country, and that
indefinite detention was not permitted. If removal is not reasonably
foreseeable, and if the individual concerned shows good reason to believe that
there is no significant likelihood that it will happen, then it falls to the
government to rebut the presumption. The Court suggested that six months
would be an appropriately reasonable time in many circumstances. That’s
why, The Human rights first report (2011) said that the US system for asylum
seekers lacks necessary safeguards, including access to prompt court review,
to prevent detention from being arbitrary within the meaning of Article 9 of
the ICCPR.
In New Zealand, the High Court has addressed the question of the
detention of asylum seekers for the detention of all unauthorized arrivals. To
conform to Article 31 (2), powers to detain refugees must be constrained by
what is necessary, as set out. Baragwanath J defined such necessary as the
minimum required the immigration officer: (1) to allow the Refugee Status
Branch to be able to perform their functions; (2) to avoid real risk of criminal
offending; (3) to avoid real risk of absconding. He emphasized, however that
174
the Refugee Status Branch was required to act in a manner that is consistent
with New Zealand’s obligations under the Refugee Convention. It would
therefore be unusual that detention by Article 31(2) must be limited to what is
necessary.
In Minister for Immigration and Multicultural Affairs v. Vadarlis,
however, a majority of the Federal Court of Australia held that actions of the
Australian Government did not amount to detention, such as to attract the
remedy of habeas corpus and an obligation to land the persons concerned on
the Australian mainland. The case arose out of the rescue by the Norwegian
registered vessel, the MV Tampa, of some 433 asylum seekers in distress at
sea. … The presence of troops did not itself or in combination with other
factors constitutes a detention.
In the practice of States, detention is seen as a necessary response to
actual abuses of the asylum process, threats to the security of the State and the
welfare of the community. For restrictions on freedom of movement under
Article 31(2), State practice recognizes the power to detain in the immigration
context, although human rights treaties affirm that no one shall be subject to
arbitrary arrest or detention. Firstly, the protection thus requires that all
detention must be in accordance with law. Secondly, detention should be
reviewed in line with its legality and necessity.
Conclusion
The Article 31(1) of the refugee convention requires that the
Contracting States shall not impose penalties, for their illegal entry or
presence, on refugees coming directly from a territory where their life or
freedom was threatened if they present themselves without delay to the
authorities and show good cause for their illegal entry or presence.
In State practice, the States review mainly the central issues of the
article 31(1) with particular reference to: “coming directly”, “without delay”,
“good cause”, and the precise nature of the immunity (“penalties”).
Article 31 (1) was intended to apply to persons who have briefly
transited other countries or who are unable to find effective protection in the
first country. Thus, coming directly from such country via another and having
a persecution is recognized as ‘good cause’ for illegal entry. ‘Without delay’
is a matter of fact and degree; it depends on the circumstances of the case. The
175
term ‘penalties’ includes but is not necessarily limited to prosecution, fine and
imprisonment.
In the Article 31(2) of the refugee convention, States not apply to the
movements of restriction on refugees within the scope of paragraph 1, other
than those that are necessary.
But, the States examine the article31 (2), with particular reference to
the issue of detention and the “necessary” measures.
The power of the State to impose a restriction must be related to a
recognized object. The balance of interests requires that alternatives to
detention should always be fully explored, such as fair, efficient, and
expeditious procedures for the resolution of claims. Refugees are not subject
to arbitrary or prolonged detention apart from public policy, national security
and a mass influx. In all cases, detained refugees should be able to obtain
review of detention.
State party to the 1951 Convention undertakes to accord certain
standards of treatment to refugees and to guarantee to them certain rights. The
preamble of the Refugee Convention also mentions to guarantee to refugees
certain rights as much as possible. An over strict approach to defining the
terms of the article, giving reasons: “coming directly”, “good cause”, “without
delay”, precise meaning of “penalty” , the issue of detention and “necessary”
will not be appropriate for the protection of refugees. Moreover, there would
be lack of the right of refugee at discretion of the administration. It would
therefore be suitable if the Contracting States recognize the boarder view of
the terms in article 31 (1) and (2) of the Refugee Convention in balance of
legality, necessity and security of the country concerned with regard to the
object and purpose of the Refugee Convention.
176
References
UN doc. E/AC. 32/L.32
UN doc. E/AC. 32/SR.40
UN doc. A/CONF. 2/SR.13
Executive Committee Conclusion No. 3 (1977)
Executive Committee Conclusion No. 36(1985)
Australia Review, Developments in Australian Refugee Law and Policy, (2010-2011).
American Convention on Human Rights, Costa Rica, 22 November (1969).
Africa Charter on Human and Peoples’ Rights, 21 ILM, (1982).
Convention relating to the Status of Refugees, Geneva, (July 28, 1951), UNTS Vol. 189.
European convention on Human Rights, ROME 4 November (1950).
Human Rights First’s Report, “Arbitary Detention of Asylum Seekers and US Commitments
under the International Covenant on Civil and Political Rights (ICCPR)”,
(2010).
International Covenant on Civil and Political Rights (December 16, 1966), 999 UNTS 171.
Protocol against the Smuggling of Migrants by Land, Se n dir, Supplementing the UN
Convention against Transnational Organized Crime, UN doc. /55/383,
Nov. (2000).
177
United Nations Declaration on the Human Rights of Individuals Who Are not Nationals of the
Country in Which They Live, UNGA Res. 40/144, 13 Dec, (1985).
United Nations General Assembly, Promotion and Protection of Human Rights: Human
Rights Questions, including alternative approaches for improving the
Effective enjoyment of Human Rights and Fundamental Freedoms, 4
August (2011).
Brownlie, I., Bsic Documents in Interntionl Le (5th ed., 2002).
Feller, E., Türk V., and Nicholson F. (eds), Refugee Protection in International Law:
UNHCR’s Global Consultations on International Protection, Cambridge
University Press, (2003).
Goodwin-Gill G.S., The Refugee in International Law, (2nd ed., Clarendon Press, Oxford,
(1996).
Nowk M., UN Covenant on Civil and Political Rights- CCPR Commentary (Engel Verlag,
Kehl am Rhein, Strasbourg, Arlington, (1993).
Weis, P., The Refugee Convention, 1951: The Travaux Préparatoires analyzed with
Commentary’, Cambridge University Press, (1995).
Practices of Consumer Protection in ASEAN Countries
Sapae Kyi Maung
Abstract
All the people in the world can be considered to be consumers in one way
or another. So, the protection of consumers is the protection of the citizens
of a State. Today the world is in the age of globalization. Trade and
technology between countries is rapidly and easily being carried out by
businesses using complicated marketing systems and high technology. A
variety of products, among them some that cause damage to consumers as
they are unsafe for use, are placed on the shelves of markets in every
country, with some consumers often being unable to differentiate them from
products that are safe for use, due to certain personal disadvantages. These
disadvantages occur because consumers often face imbalances in economic
terms, education levels and bargaining power. Consumers deserve to be
protected from such damages. National laws are vitally important to protect
the consumer. In order to protect their citizens, governments have to
promulgate in various sectors, laws, rules, regulations, notifications, etc.,
with various aims and objectives and establish the development of
institutional capacity for their enforcement. To provide a legal basis for
enforcing basic consumer rights, every country needs to have a consumer
protection legislation, covering physical safety, promotion and protection of
consumer economic interests, standards for safety and quality of goods and
services, distribution facilities, redress and education and information
programmes. At present, among the ASEAN Member States, only
Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam have
principal consumer protection acts. The remaining ASEAN Member States
are planning or are in the process of drafting their consumer protection
policies and laws.
Tutor,Dr, Department of Law, Dagon University
180
Introduction
“Consumer” means any person who uses purchases, acquires, leases,
attempts to purchase or acquire and/or who is offered or furnished any real or
personal property, tangible or intangible goods or services for personal, family
or household purposes which are not for his trade, business or profession.
Consumer protection laws therefore, basically stipulate the level of
behavior to be expected from traders and the basic level of protection afforded
to ensure that consumers are assured of their rights. It is a form of government
regulation which protects the interests of consumers without being unduly
biased towards the interest of either consumer or business.
Basically, consumer protection is that consumers should have the right
of access to non-hazardous products, through the promotion of just, equitable
and sustainable economic and social development. So, consumer protection
should be based on the principles of benefit, justice, harmony, security and
safety for consumers, as well as on legal certainty.
Many people do not know their consumer rights when encountering
problems at the point of sale or after. The obligations on those who sell goods
too are generally considerable, corresponding with consumer rights. So, the
consumer needs to be educated in order to empower him by fostering in him
an understanding of not only his rights but also the responsibilities of the
seller.
International and regional instruments play a vital role in consumer
protection by maintaining the harmonization of national rules and standards
within a given region and throughout the world.
The main objective of regional cooperation on consumer protection is
to overcome disparities in the consumer-supplier relationship, bargaining
power, knowledge and the disparity of resources within the regions.
National laws are vitally important to protect the consumer. Therefore,
governments have to promulgate laws and establish the development of
institutional capacity for their enforcement. To provide a legal basis for
enforcing basic consumer rights, every country needs to have a consumer
protection legislation, covering physical safety, promotion and protection of
consumer economic interests, standards for safety and quality of goods and
services, distribution facilities, redress and education and information
programmes.
181
At present, among the ASEAN Member States, only Indonesia,
Malaysia, Philippines, Singapore, Thailand and Vietnam have principal
consumer protection acts. Thailand was ahead of many others ASEAN
countries in the enactment of consumer protection legislation. By 1979,
Thailand had implemented a Consumer Protection Act. The remaining
ASEAN Member States are planning or are in the process of drafting their
consumer protection policies and laws. Meanwhile, consumer protection
elements in these countries are covered by other legislations in order to
achieve consumer protection objectives.
This paper has three parts, the first part is practices of ASEAN, the
second is the practices of ASEAN countries, the third is practices of
Myanmar and finally recommendations are given by the comparison of
countries.
Practices of ASEAN
For the ASEAN Member States (AMSs) to enjoy healthy economic
growth, access to the regional consumer market of 600 million people is
important. The economic convergence of AMSs necessitates that member
countries work together to ensure that the benefits of convergence flow on to
consumers as it does to businesses.
ASEAN Member States (AMSs) have embraced the significance of
consumer protection in their national development plans. Thailand, for
instance, enacted its principal Consumer Protection Act in 1979 (Table 1). On
the other hand, Brunei Darussalam, Cambodia, Lao PDR and the Republic of
the Union of Myanmar have yet to enact similar legislation.
182
(Table 1) Status of Principal Consumer Protection Laws in AMSs
Country
Principal Consumer Protection Act
Brunei Darussalam
Consultation in progress
Cambodia Being
drafted
Indonesia
Consumer Protection Act No 8/1999
Lao PDR
Preliminary discussions in place
Malaysia
Consumer Protection Act 1999
The Republic of the Union of
Myanmar
Preliminary discussions in place
Philippines
Republic Act No. 7394 - The Consumer Act of 1992
Singapore
Consumer Protection (Fair Trading) Act 2008
Thailand
The Consumer Protection Act 1979
Vietnam
Ordinance of Protection of Consumer’s Interests
1999
Within the ASEAN region, there are two main conferences relating to
consumer protection. They are –
- Action Plan of the Southeast Asian Conference on Consumer Protection in
Kuala Lumpur, Malaysia on 28-29 November 2005 (Kuala Lumpur
Conference)
- The Southeast Asian Conference on Consumer Empowerment Protection
in Bali, Indonesia on 5-7 November 2006 (Bali Conference).
The functions and scope of activities of ASEAN Cooperating
Committee on Consumer Protection (ACCCP) are to•
•
•
•
implement a mechanism for cross-border settlement of consumer
redressal;
facilitate regional training courses on consumer protection as ASEAN
becomes a more integrated market;
empowers consumers’ position in the market place through the
development of consumer education tools;
facilitate the creation of an ASEAN network of consumer organizations in
member countries;
•
•
183
facilitate publication and websites on consumer protection; and
facilitate and encourage the harmonization of consumer protection laws. 1
The objectives of ACCCP are to implement the relevant provisions of
the Bali Declaration on Technical Cooperation on Consumer Protection 2006
and Kuala Lumpur Plan of Action on Consumer Protection 2005. The other
objectives of ACCCP are to discuss preliminary proposals for regional
cooperation and the roadmap for the implementation of mechanisms of Cross
Border Consumer Redress and Rapid Alert System for Unsafe Consumer
Products under the Southeast Asian Consumer Protection Agencies Network
(SEA-CPAN); to form the Working Group on Cross Border Consumer
Redress and on Rapid Alert System for Unsafe Consumer Products; and so on.
The ASEAN Committee on Consumer Protection or ACCP was
founded in 2007, with and objective of paving way for the ASEAN
Community (AC) integration. The ACCP is intended to help collaborate all
ASEAN member countries in the area of consumer protection, whilst sharing
and exchanging experiences, news and information, as well as identifying
solutions for problems reported in each country. The annual ACCP meeting
was held by as follows. (Table 2)
The two initial projects for SEA-CPAN were to establish the Regional
Consumer Redress Centers which would give advice to consumers on cross
border consumer complaints and to assist with the resolution of consumer
claims, and RAPEX (Rapid Information Exchange on Product Safety) which
is a rapid notification system to inform member states of banned, restricted, or
recalled products. 2
ASEAN too has formed the ASEAN Free Trade Area (AFTA) in a bid
to increase the ASEAN region’s competitiveness as a single unit, to eliminate
trade barriers between Member States and provide consumers in the region
with a higher level of protection. AFTA has produced positive results with
most tariffs being now reduced to the 0.5% range and is now working on the
elimination of non-tariff barriers (NTBs).
NTBs cannot be completely eliminated due to reasons of public safety,
environmental concerns, or health reasons. In this regard, ASEAN through the
ASEAN Consultative Committee on Standards and Quality (ACCSQ) has
1
Plan of Action for Consumer Protection In Southeast Asia: Concept Paper On ASEAN
Coordinating Committee On Consumer Protection, 2005, Kuala Lampur, Malaysia.
2
www.STADTAUS.com_ArticlePKBaliPart1_EDITED_1_2_2007.pdf
184
endeavored to harmonize national standards with international standards and
implement Mutual Recognition Arrangements (MRAs) on conformity
assessment across Member Countries.
MRAs are designed to allow products tested in one ASEAN country to
be sold in other ASEAN countries without duplicating the testing, registration
and certification already done in the first country. On the other hand, the endgoal is to achieve “One Standard, One Test, Accepted Everywhere”.
Table (2) The Annual Meetings of ACCP
Meeting
Year and Place
st
June 2008, Kuala Lumpur, Malaysia
nd
2 meeting
August 2009, Hanoi, Vietnam
3rd meeting
November 2010, Kuala Lumpur, Malaysia
1 meeting
th
4 meeting
June 2011, Brunei Darussalam
5th meeting
May 2012, Bali, Indonesia
th
6 meeting
September 2012, Bangkok, Thailand
Consumer issues cut across many jurisdictions, so protection measures
require cross-sector collaboration and expertise in multiple competencies. As
the AMSs are at different stages of political, social and economic
development, achieving an equitable level of protection for consumers in the
region will require a range of strategic capacity building measures. These
include policy development, legislation, enforcement mechanisms, financial
and human resource development, acquisition of expertise and skills at
national and regional level. The “Roadmapping in Capacity Building Needs in
Consumer Protection in ASEAN” report identifies many priority areas for
action. These include:
• Developing and implementing consumer policies, laws and master plans
• Monitoring and enforcement of policies, laws and codes of conduct
• Developing effective redress mechanisms
• Developing and implementing awareness and educational programmes for
consumer protection
185
• Research and development 1
In addition, specific capacity building needs were also identified in six
selected core consumer areas as summarized in Table 3.
Table 3: Consumers’ concerns in ASEAN in six selected core consumer
areas
Consumer
Areas
Consumer-related Aspects
Safety and
·Consumer products
including food.
Labelling
Phone & Internet
Services, and
E-commerce
Consumer
Credit and
Banking
Consumers’ Demands towards safe and
sustainable
consumption practices
Product labels to provide sufficient
information.
·Unsafe products (toys and
electrical appliances,
cosmetics with presence of
dangerous chemical
substances or heavy metals,
expired products).
·To ensure that the consumer’s safety is
not jeopardised.
·Online purchase, rates and
charges, access, quality of
services.
·Improve avenues for lodging complaints
and consumer
·Increasing demand, limited
access, frequent
interruptions, slow and
unstable internet
connections and limited
coverage especially in rural
areas.
·Increased reliance on easy
consumer credit to finance
purchases of noninvestment
goods and services.
·Information provided on labels and in
advertisements is not misleading.
Redress (including cross-border redress).
·Increase the security in ICT and ecommerce.
·Increase competition and strengthen
regulatory enforcement mechanisms to
ensure lower prices and better services and
access for consumers.
·Regulate interest rates (‘mobile money’
by high interest
lenders), unfair or unclear terms of
contracts, hidden costs, and unethical debt
collection or repossession methods.
·Improve access to credit at reasonable
interest rates to vulnerable consumers and
curb unscrupulous activities of pawn
brokers and unlicensed money lenders.
·Increase consumer
programmes.
1
financial
literacy
Roadmapping Capacity Building Needs in Consumer Protection in ASEAN, Policy BriefFinal, 15 June 2011
186
Environment
Safe and healthy
environment,
·Curb and regulate activities that cause
environmental
products or services related
to water, energy, noise and
air.
pollution arising from unsustainable
consumption and
production practices (disposal of
household and industrial waste).
·Implement a comprehensive legislation
and stringent
enforcement to ensure consumer
protection.
Healthcare
Services
·Public and private health
care services,
pharmaceuticals.
·Governments reliance on
the private sector in
delivering healthcare
services thereby affecting
accessibility of
vulnerable groups to quality
and affordable healthcare
facilities.
Professional
Services
·Chargeable fees and
accountability with
regards to legal and
medical professions.
·Affordable and reliable
medical and legal services
are considered an essential
area of consumer
protection.
·Affordability and accessibility to quality
healthcare services for all.
·Reduce public dependency on private
healthcare services.
·Regulate activities and services of private
healthcare
services through credible quality ranking
and standards.
·Curb and regulate activities and
practices of medical
and legal professionals with regards to
their conduct,
fees, quality of services, credibility and
qualifications.
·Transparent reporting to increase public
awareness and knowledge on unethical
professional practices (fraud, dishonest
practices, breach of confidentiality, or
corruption.
·Build awareness of professionals on the
rights of consumers.
187
In summing up, it is obvious that international and regional
instruments play a vital role in consumer protection by maintaining the
harmonization of national rules and standards within a given region and
throughout the world.
It can also be said that although the system of consumer protection
within the ASEAN region is not yet as wide-ranging, the establishment of the
ASEAN Coordinating Committee on Consumer Protection (ACCCP),
ASEAN Consumer Protection Agencies Network (SEA-CAPN) and the
ASEAN Consumer Council, as stated in ‘The Kuala Lumpur Plan of Action
on Consumer Protection in Southeast Asia’, was an essential step in
enhancing consumer protection in the Southeast Asian region. It will improve
the coordination of many stakeholders in the region, starting from
government and non-government organizations to the individual consumer
and thus ensure a more efficient regional and national system of consumer
protection.
The applicable laws of each country for those countries which have
specific Consumer Protection Acts, the related laws in countries which do not
have specific Acts or Laws are presented below.
Practices of ASEAN Countries
At present, although there are only six member countries have the
main principal consumer protection law (see in table 1), the paper will be
emphasized three member countries, such as the Indonesia, Malaysia and the
Republic of the Union of Myanmar, because Indonesia and Malaysia are the
leading countries and actively participated in consumer protection in ASEAN
Region.
(1) Indonesia
Indonesia is one of the leading countries in the implementation of the
ASEAN Coordinating Committee on Consumer Protection (ACCCP) and the
second Conference of ACCCP was held in this country in 2006.
In the case of Indonesia, the Constitution of 1945 and its principal
Consumer Protection Law No. 8 of 1999 guarantees the rights and obligations
of consumers and entrepreneurs. To more effectively protect consumers the
Directorate for Consumer Protection has set up a National Consumer
Protection Agency (NCPA) and Consumer Disputes Settlement Body (CDSB)
in 2001.
188
The Consumer Protection Law (law No 8) was issued on 20 April
1999 and effectively enacted on 21 April 2000. This Law composes of 15
chapters and 65 articles.
Under the Consumer Protection Law, the basic principles of consumer
protection are based on the principles of benefit, justice, harmony, security
and safety for consumers, as well as on legal certainty. 1
In addition, specific capacity building needs were also identified in six
selected core consumer areas as summarized in as follows: (Table 4)
Table 4: The Six selected Core Areas of Laws in Indonesia
Consumer
Areas
Laws, Regulations, Other Related Laws, Concerned
Departments and Ministries
Safety and
Labelling
- The Consumer Protection Law (law No 8) 1999
- Act No. 7 of 1996 on Food
- Government Regulations No. 28 , 2004 on Food Safety,
Quality and Food Nutrition
- Government Regulations No. 69 , 1999 on Labels and
Food Advertisement
Phone &
Internet
Services, and
E-commerce
There is not yet.
Consumer
Credit and
Banking
- Banking Law, Insurance Regulation under the Ministry
of Finance
Environment
There is not yet.
Healthcare
Services
-
Professional
Services
-
1
Article 2, The Consumer Protection Law 1999 (Indonesia).
189
Regarding consumer product safety, food and drugs are under the
National Agency for Food and Drugs Control, health equipment is under the
Ministry of Health and household electrical products, toys for children/ infants
and cars are under the Ministry of Industry.
The following laws, focused on the supervision and implementation of
consumer protection, were issued:
- Government Regulation No. 57/2001 on National Consumer Protection
Agency (NCPA),
- Government Regulation No. 58/2001 on Guidance, Supervision and
Implementation of Consumer Protection
- Government Regulation No. 59/2001 on Consumer Protection Non
Government Organization (CP-NGO) and
- President Decree No.90/2001 on Consumer Disputes Settlement Body
(CDSB)
One of the objectives of the Act No. 7 of 1996 on Food is to ensure
food availability which fulfils the requirements on safety, quality and nutrition
for the interest of human health. Food safety is defined in article 1(4) of Act
No.7 of 1996 that ‘food safety is the condition and efforts required to prevent
food from possible biological, chemical-contamination and contamination by
other objects which may disturb, harm and endanger the human health’.
The Indonesian Government also cooperates with consumer
organisations to promote consumer awareness, further consumer education
and to encourage consumer empowerment. And than, the government
officially and voluntary recalled and banned the products that are unsafe and
risks products. (Table 5)
Table 5: Officially/ Voluntary Recalled/Banned Products in Indonesia
No.
1.
Products/Subject
Home Appliences Merk
“Heles”:
- Rice Cooker, Tipe Hl-181,
HL-182.
- Hair Dryer Tipe HR-3536,
HR-1026, HR-1028T, HR3538, HR-3512, HR-6031,
HR-3502, HR-3535.
Country
of Origin
Type of
Action
Reason of
Recall /Ban
China
Recall
No Manual
Book and
after Sales
Warrant
Card in
Indonesian
Language
Date of
Recall/Ban
27 April
2012 until
27 July 2012
190
No.
Products/Subject
Country
of Origin
Type of
Action
Reason of
Recall /Ban
Recall
Potential
risk occurred
in tire holder
located
under the
body of car.
If the
vehicles
become
older and are
used on the
bad road, the
tire can
loose and it
can
endanger
other road
users
especially
when drove
at high
speed
Date of
Recall/Ban
- Toaster Merk Heles, Tipe
HL-602.
- Vacuum Cleaner Merk
Heles, Tipe HL-611, HL-612,
HL-123.
- Blender Merk Heles, Tipe
HL-0751, HL-153, HL-152,
HL-253, HL-252.
-Daihatsu Cars : Pick up,
Mini Bus, Dark Van and City
Car which consist of:
- 48.703 units of Gran Max:
36.988 units of Gran Max
Pick Up (GM PU) production
date from 2007 until October
15, 2010;
11.715 units of Gran Max
Mini Bus (GM MB) and Gran
Max Blind Van (GM BV)
production date from 2007
until October 23, 2008.
June 2012
Upon studying the Indonesian Consumer Protection Law, it can be
said that it is, on the whole, a good law. It provides separately, chapter by
chapter, for the principles and objectives of the law, the rights and obligations
of consumers and business entities, the formation and functions of National
Consumer Protection Board and Agency, the responsibility and prohibited
actions for business, settlement of disputes, and sanctions. But this law also
191
has a few deficiencies in that product liability, consumer safety and what is
meant by misleading and unfair conducts do not have separate chapters.
The above shows that the consumer movement in Indonesia is active
and the government plays an import role in organizing national training
workshops to better equip entrepreneurs, relevant officials and consumers to
play their role effectively.
(2) Malaysia
Malaysia is also one of the leading countries in the implementation of
the ACCCP and the first Conference of ACCCP was held in this country in
2005.
The principal legislation in consumer protection is the Consumer
Protection Act 1999 and it comes under the purview of the Ministry of
Domestic Trade and Consumer Affairs (MDTCA).
The Consumer Protection Act 1999 (CPA) came into force on 15
November, 1999. The CPA comprises 14 parts and a total of 150 sections.
The Act applies in respect of all goods and services that are offered or
supplied to one or more consumer in trade but does not apply to some
services, contracts and trade transactions.
The CPA provides a general law on product safety aimed at those
areas not already covered by specific statutes. The general law on product
safety also applies equally to the safety of services. These provisions on safety
apply equally to imported goods.
The six selected core consumer areas in Malaysia are also summarized
in as follows: (Table 6)
Table 6: The Six selected Core Areas of Laws in Malaysia
Consumer
Areas
Laws, Regulations, Other Related Laws, Concerned Departments
and Ministries
Safety and
Labelling
- The Consumer Protection Act 1999
- The Food Act 1983
- The Food Regulations 1985
- The Food (extensions of Food Act 1983 to Tobacco and others)
Regulations 1993
- The Control of Tobacco Product Regulations 2004
192
Consumer
Areas
and Ministries
- The Food (Issuance of Health Certificate for Export of Fish and Fish
product to the European Union) Regulations 2009
- The Food Hygiene Regulations 2009
- The Trade ‘descriptions Act 1972
- The Medicines (Advertisement and Sale) Act 1956 (revised 1983)
Phone &
Internet
Services,
and
E-commerce
- The Electronic Commerce Act 2006
- The Digital Signature Act 1997
- The Digital Signature Regulations 1998
- The Computer Crimes Act 1997
- The Communications and Multimedia Act 1998
- Under the purview of the Ministry of Energy, Water and
Communications
- Administered by the Malaysian Communications and Multimedia
Commission (MCMC)
Consumer
Credit and
Banking
- The Banking and Financial Institutions Act 1989
- The Islamic Banking Act 1983
- The Insurance Act 1996
- The Moneylenders Act 1951
- The Hire Purchase Act 1967
- The Pawnbrokers Act 1972
- The Hire Purchase Act 1967
Environment
- The Environmental Quality Act 1974
- The National Water Industry Act 2006
- The National Water Services Commission Act 2006
- The Water Act 1920 (revised 1989)
- The Sewerage Services Act 1993
- The National Environment Policy
Healthcare
- The Nurses Act 1950 (revised 1969)
Services
- The Medical Act 1971
- The Dental Act 1971
Consumer
Areas
193
and Ministries
Professional - The Nurses Act 1950 (revised 1969)
Services
- The Architects Act 1967
- The Medical Act 1971
- The Dental Act 1971
- The Legal Profession Act 1976
Matters regarding consumer redress under the CPA are administered
by the Tribunal for Consumer Claims under the Ministry of Domestic Trade
and Consumer Affairs (MDTCA), as an independent body established under
the Consumer Protection Act 1999.
The CPA has other powers to order the supplier to recall, stopping the
supply and advertisement, repair, replace and refund of the unsafe goods and
to disclose to the public all relevant information regarding the unsafe goods. 1
It should be noted however, that healthcare goods and food are expressly
excluded. 2
The CPA introduced a strict liability regime for product liability and a
product is deemed defective if the safety of the product is not such as a person
is generally entitled to expect. 3 Safety of a product shall include safety with
respect to products comprised therein; safety in the context of risk of damage
to property, and risk of death or personal injury. 4
The Food Act 1983 and the Food Regulations 1985, under the purview
of the Ministry of Health (Food Safety and Quality Division), protect the
public against health hazards and fraud in the preparation, sale and use of
food, labeling and related activities.
For tobacco products, the Control of Tobacco Product Regulations
2004 also provides for labelling and packaging requirements such as the
printing of warnings and lettering requirements.
The principal Act governing trade descriptions and advertising is the
Trade Descriptions Act 1972. It seeks to discourage false and misleading
1
Section 23(2), The Consumer Protection Act 1999 (Malaysia)
Section 19(6), ibid.
3
4
2
194
descriptions of goods and services by imposing criminal sanctions. Regarding
advertising, it is also regulated under specific legislations, such as Medicines
(Advertisement and Sale) Act 1956 (Revised 1983). It prohibits
advertisements relating to certain diseases, abortions, and skill or service. All
advertisements of medicines are to be approved by the Medicine
Advertisements Board.
In Malaysia, the voluntary recalled/ banned products that are unsafe
goods under the law. (Table 7)
Table 7: Voluntary Recalled/Banned Products in Malaysia
N
o.
Products/Subject
Type
of
Action
Reason of Recall /Ban
Date of
Recall/Ba
n
1
IKEA 365+ SANDA track 70 and
114
Recall
- Risk of electric shock.
April
2012
- During servicing for wheel
alignment, if the nuts for
adjusting the rear wheel are
improperly tightened, backlash
may occur at the thread portion
of the rear suspension arm no.
1. With presence of rust, thread
may wear out and emit
abnormal noise during
operation.
August
2012
Toyota RAV4 Rear Suspension
Arm No. 1 produced from 2005 to
2010
Recall
The introduction of the National Consumer Policy 2002 has brought
about a higher level of consumer protection, awareness and education in
Malaysia. The National Consumer Policy aims to encourage the balance of
rights and responsibility between consumers, producers and the Government
in executing their duties. It is also to inculcate the practice of sustainable
consumption among the consumers and the producers so as to safeguard the
needs of future generations.
The National Consumer Policy focuses upon three main areas namely
self-protection of the consumers, self-regulation among the producers and the
role of Government in providing sufficient protection in the forms of laws and
regulations. It is also to improve consumers’ well being by expanding their
195
rights and protections through sufficient access to the right information and
medium of justice.
The MDTCA is the focal point for consumer complaints in Malaysia.
The Ministry has established several consumer councils at the national, state
and district level to promote a more organized consumer movement. These
councils consist of:
(i)
(ii)
(iii)
(iv)
National Consumer Affairs Council
State Consumer Affairs Council
District Consumer Affairs Council
National Consumer Affairs Council
NGOs also receive complaints from the public.
In general, Malaysia has introduced a rather comprehensive policy on
consumer protection and is striving to keep pace with the new demands on
consumer protection brought about by the rapid pace of globalisation and
liberalisation of trade by establishing an online system of receiving consumer
complaints in addition to the receipt of complaints by telephone, letters and
walk-ins.
Malaysia’s consumer protection law and other related laws, consumer
organizations and agencies are better than other ASEAN countries.
(3) Philippines
In Philippines, with regard to consumer protection, the Constitution of
Philippine 1986 protects consumers from trade malpractices and from
substandard or hazardous products. 1
To protect the interests of the consumer, promote his general welfare
and to establish standards of conducts for business and industry, the Consumer
Act of the Philippines (Republic Act No. 7394), is the basic consumer
protection law of the country, which took effect on 15 July 1992. This law has
11 titles, 14 chapters and 173 sections. The Department of Trade and Industry
(DTI) shall enforce the provisions of liability for product and service and its
implementing rules and regulations. 2
1
Section 9, Article XVI, General Provisions, The Philippine Constitution1986.
2
Article 96, ibid.
196
The Advertising Board of the Philippines or Ad board is a governing
body composed of representatives of national organizations involved in
advertising practice. The Ad board has adopted a Code of Ethics in 1973. In
addition, the Ad board is guided by the Advertising Content Regulation
Manual of Procedures and the Standards of Trade Practices and Conduct
Manual which serves to keep advertising within correct, ethical, and
wholesome bounds, and helps to assure professional advertising practice.
The Department of Trade and Industry, as well as the other consumer
protection agencies are faced with challenges as regards the implementation
and enforcement of consumer protection.
(4) Singapore
The main provision of consumer protection is the Consumer Protection
(Fair Trading) Act (CPFTA), which was passed by Parliament on 11
November 2003, to provide the legal framework for consumers aggrieved by
unfair trade practices to have recourse to civil remedies before the courts. This
Act was amended in 2008.This Act has 20 sections.
In relation to the CPFTA, the Consumers Association of Singapore
(CASE) and the Singapore Tourism Board (STB), a non-profit and
nongovernmental organization, are currently the specified bodies to look after
the interests of local consumers and tourists respectively. As the specified
bodies under the CPFTA, CASE and STB are empowered to offer errant
suppliers a non-litigious option in the form of a Voluntary Compliance
Agreement (VCA) whereby the supplier voluntarily agrees not to engage in an
unfair practice. There are two advisory Councils: (i) Advertising Standards
Authority of Singapore; and (ii) Case Trust Advisory Council.
Currently, the mediation services are available through Community
Mediation Centers, Singapore Mediation Centre, CASE and various industryspecific mediation facilities. If the dispute cannot be settled, the consumer
may file a claim in court for civil remedies. The consumer may also have
rights of action under contract or tort law. 1
Regarding advertising, the Advertising Standards Authority of
Singapore (ASAS) makes the Standard Code of Advertising Practice (SCAP).
The basic premise of SCAP is that all advertisements should be legal, decent,
1
Country Report of Singapore in 2008.
197
honest and truthful. The Direct Marketing Association of Singapore (DMAS)
also makes the DMAS Code of Practice.
Table 8: Consumers’ concerns in ASEAN in six selected core consumer
areas
Consumer Areas
and Ministries
Safety and
Labelling
- The Consumer Protection (Fair Trading) Act2008
Phone & Internet
Electronic Transaction Act
- The Consumer Protection (Trade descriptions and safety
requirements) Act2008
Services, and
E-commerce
Consumer Credit
and Banking
- Moneylenders Act
- Hire purchase Act
- Insurance Act
Environment
-
Healthcare
-
Services
Professional
- Medical Registration Act
Services
(5) Thailand
Regarding legislation, in 1979 Thailand adopted the Consumer
Protection Act which has 4 chapters and 62 sections. The rights of consumers
are prescribed in section 4 of that Law.
In general, the Consumer Protection Act, 1979 provides protection in
three different fields: consumer protection on advertising, labelling and
contracting. Part 1 and 2 of the Act include the ministerial regulations and the
notices of the Advertising Committee and the Label Committee as well.
Other elements of consumer protection are provided in other specific
laws, e.g. Cosmetics Act of 1992, Food Act of 1979, Condominium Act of
1979 and Medicine Act of 1958 etc., under the specific responsible agencies.
198
The main authorities to declare a product as unsafe or do not comply
with reasonable safety standards are the Office of Industrial Product
Standards, Ministry of Industry and the FDA, Ministry of Public Health
depending on the type of products.
Thailand’s Consumer Protection Act recognizes the rights of
consumers and provides for product safety, advertising, labeling and
consumer redress. The country also has a centralized system for product safety
alert. In addition, other specific laws such as the Cosmetic Act, the Food Act,
the Medicine Act, etc., also provide protection to the consumer. In addition
the OCPB receives customer complaints and negotiates between the aggrieved
customer and business operator. Therefore it can be said that Thailand has a
viable system of consumer protection.
(6) Vietnam
In Vietnam, the principal Consumer Protection Act is the Ordinance
on the Protection of Consumer’s Interests which was adopted by the Standing
Committee of the National Assembly on 24 April 1999. The Ordinance
includes 6 Chapters and 30 Articles.
Consumer redress is covered by Decree No. 55/2008/ND-CP which
details the implementation of the Ordinance on the Protection of Consumer’s
Interest. Product Safety and Liability is covered by Ordinance of Food
Hygiene and Safety 2003; electronic commerce matters by the E-transactions
Law 2005; competition by the Competition Law2004; labeling by the Decree
of Labelling of Goods 2006; advertising by the Ordinance of Advertisement
2001; banking by the Credit Institutions Law 1997; and insurance by the
Insurance Business Law 2000. The Vietnam Food Administration under the
Ministry of Health is in charge of food safety.
(7) Brunei Darussalam
Brunei does not have a principal Consumer Protection Act yet. Hence
present constitutional provisions relating to consumer protection are
compartmentalized in that the need or obligation to protect consumers exists
only in certain paragraphs of present stand-alone acts, eg Moneylenders Act,
Price Control Act, etc.
The Price Control Act [Cap 142], which is related to labeling, requires
retailers / sellers to exhibit clearly and conspicuously the price labels only.
However, control of display of public advertisement including billboards,
199
signboards or sky signs is enforced under a new regulation for the Control of
Advertisements (section 5[1]) of the 1972 Town and Country Planning Act
(Cap 143). Banking is covered under the Banking Act (Cap 95), the Islamic
Banking Act (Cap 168) and the International Banking Order.
Regarding agencies responsible for consumer product safety in the
country, currently, only the following agencies are active in highlighting the
safety of products:
1. Halal Control Division, Department of Syariah Affairs, Ministry of
Religious Affairs with regard to meats accessible to and sold in the country.
2. Ministry of Health through its Quality Control Unit, Food Safety and
Quality Control Division, Department of Health Services, for food and
medicines entering the country.
There is no specific policy on consumer protection in Brunei, and there
is a corresponding absence of a Consumer Protection Law to deal with
complaints relating to products other than food and pharmaceutical goods and
an absence of any data relating to complaints and consumer queries. Thus,
there is a need to formulate a specific policy as a guide to developing an
umbrella law to protect consumers.
(8) Cambodia
The Kingdom of Cambodia has several laws and regulations to protect
consumer’s rights and interests; even though there is no specific law with
comprehensive elements under the full scope of consumer protection.
In addition, the Law on the Management of Quality and Safety of
Products and Services dated June 21, 2000 also provides a legal framework for
consumer protection in the field of public health, safety, fraud and deception
including advertisement in connection with products and services. Besides, some
relevant agencies, such as the Ministry of Public Health; the Ministry of
Agriculture, Forestry and Fishery; the Ministry of Industry, Mines and Energy
also possess their own laws and regulations which focus on Consumer Protection.
The responsibilities carried out so far by Cambodia Import Export
Inspection and Fraud Repression Department “CAMCONTROL” (now
promoted to Camcontrol Directorate- General) covers the protection of
consumers in all aspects including food and non-food products and fraud,
protecting against harm to human health from unsafe goods and any harm to
human, property and the environment from general product issues. It is
200
supported by the Law on the Management of Quality and Safety of Products
and Services. 1
Apart from crucial activities undertaken by Camcontrol as mentioned
above, the Ministry of Commerce and Consumer International has conducted
some training courses in Phnom Penh with the participation of Government
officials, industry, NGO, professors and students to disseminate and provide
education and information on the aspects of consumer protection.
(9) Lao People’s Democratic Republic
Laos does not have a law on consumer protection which is a
comparatively new concept in the Lao PDR.
Although Laos does not yet have a law on consumer protection, the
government is trying to draft such a law with the support and assistance of
Consumer International, located in Malaysia, and the Governments of
Malaysia and Indonesia.
In the Department of Food and Drug there are the National policy on
Drug, 2003; the Law on Drug and Medical Equipment, 2000; the Food Law,
2004; the Regulation on Bottled Drinking Water, 2006; the Regulation on the
Control on the Production and Exported-Imported Safe Food, 2006; the Rule
on the Establishment of Exported - Imported Drug and Medical Equipment
Company, 2003; the Rule on the Registration of Drug, 2003; the Rule on the
Promotion of Food, Drug and Medical Equipment, 2003; the Rule on the
Donation of Drugs and Medical Equipment, 2003 and several other Rules and
Promulgations that are used in this field. 2
Regarding penalties for dealing in sub-standard goods, sometimes, the
staff of the Department of Food and Drugs of the Ministry of Health and the
Department of Standardization, Metrology and Intellectual Property, the
Science-Technology and Environmental Agency (STEA) control the quality
of foods, drugs and cosmetics in the markets, and if they find some
inconsistencies in the quality of goods, they seize and destroy them. 3
1
Country Report of Cambodia in 2008.
Country Report of Laos PDR in 2008.
3
Ibid.
2
201
In addition, public awareness campaigns about the disadvantages or
risks of unsafe foods and drugs are being carried out by the Department of
Food and Drugs on TV and via other media.
The position of the Laos PDR can be said that, although Laos has
drafted and uses many laws and rules, their legislation is not adequate. So,
consumer protection law is essentially needed in Laos PDR.
The Practices of the Republic of the Union of Myanmar
Although Myanmar does not yet have a Consumer Protection Act,
there are other laws relating to consumer protection.
The Constitution of the Union of Myanmar (2008) indirectly implies
consumer protection. Section 36(b) of the Constitution provides that the
Union shall protect and prevent acts that injure public interests through
monopolization or manipulation of prices by individuals or groups with intent
to endanger fair competition in economic activities.
Among them, the National Drug Law 1992, the Traditional Drug Law
1996 and the National Food Law 1997 are mainly protection from harmful
drugs and foods for consumer, like as consumer protection law. And the
Ministry of Health and the City of Yangon Development Committee (YCDC)
are mainly actionable departments in Myanmar.
The Food and Drug Administration (FDA) established since 1995,
takes care of the safety and quality of Food, Drugs, Medical Devices,
Cosmetics and Household Materials. Food and drug control activities have
been expanded with establishment of Food and Drug Administration Branch
in Mandalay in 2000.
To ensure efficient and uniform control throughout Myanmar, various
levels of Food and Drug Supervisory Committees (FDSC) were formed on 30
December 1992 by the Ministry of Health. 1 The FDSC was attached to the
Myanmar Police Forces, Ministry of Home Affairs by Notification No. 3
MaKha (Pa) 91/985 on 16 March 1993.
Food &Drug Administration has two divisions; Food Division and
Drug Division. Each division has Enforcement & Laboratory units. Food
enforcement unit comprises of regulatory affairs, inspection, training and
1
The Ministry of Health Notification No. 3 MaKha(Pa)90/4376.
202
advisory services. Food laboratory unit has food and water microbiological
and chemical laboratories.
As food and drug safety is concerned with a number of sectors
including Agriculture, Veterinary, Livestock and Fisheries, Industry, Trade,
Police, General Administration, City Development Committees and in
recognition of the need for integration, Myanmar Food and Drug Board and
Authority (MFDBA) was formed in the year 2000. The Minister for Health
leads the Board and members are senior officials from other related ministries.
After that, according to the Notification No.1/2002, the Food and Drug
Supervisory Committee was modified.
Since 2002 the Central Food and Drug Supervisory Committee,
District Food and Drug Supervisory Committees, Divisional Food and Drug
Supervisory Committees and Township Food and Drug Supervisory
Committees have been formed 1 by the Ministry of Health in an effort to
ensure consumer safety and health with regard to food, drinks and drugs.
And under Notification No.3/93 Rules for Registration of Drugs,
Notification No. 7/93 Rules for Labelling and Advertising of Drugs were
enacted in 1993.
To enable the public to have quality and safe food, efficacious drugs,
medical devices, cosmetics, household materials, Food and Drug
Administration is implementing the tasks complying with guidance from the
National Health Committee, Ministry of Health and Myanmar Food and
Drug Board of Authority according to National Drug Law 1992 and its
provisions, National Food Law 1997 and Public Health Law 1972. The
Ministry of Health issued the notification 1/10 for cosmetic regulation in line
with ASEAN Cosmetic Directives and Food and Drug Administration is
implementing the cosmetic notification and post-market survey.
For the interim measures, FDA, Department of Health refers Codex
Alimentarius Commission (CAC) as working materials. Government
enforces to practice Good Manufacturing Practice (GMP) mandatory in food
processing industries. Food and Drug Administration encourages all sectors
1
The Ministry of Health, Myanmar Food and Drug Administration department Notification
No.1/2002. (11 January 2002)
203
of food manufacturers to implement Hazard Analysis Critical Control Point
(HACCP) concept and Risk Analysis Approach to all food control officers. 1
Food and Drug Administration issues Health Recommendation for
Local food manufacturing, imported food and food to be exported. Health
Recommendation were given to 440 drinking water factories, 250 major food
production facilities which comply with Good Manufacturing Practice(GMP)
and 40 small traditional food production facilities which comply with Good
Hygienic Practice (GHP). 2
Food and Drug Administration has issued 1776 Drug Registration
Certificates, 65 Drug Importation Approval Certificates in 2010. Pre-market
control and Post-market surveillance (PMS) are conducted to assess quality
and safety of food and drug. In 2010, Post-market survey on food such as soft
drink, pickled tea leaves, fish paste, chili powder etc was done. One fish
paste sample out of 147, ten chili powder samples out of 225, nine chili
sauces out of 72 were found containing unpermitted colour dye and were
publicized in newspapers. 3
Out of post-market survey of 124 drugs, 2 counterfeit drugs, 3 substandards and 12 unregistered drugs were found. State/Regional Food and
Drug Supervisory Committees were duly informed for necessary
enforcement actions. 4
City Development Committees are concerned with street food, food
service establishments as food safety. CDCs have licensing authority within
their jurisdiction. In order to the protection of public health and sanitation,
there are being carried out by the Yangon City Development Committee
(YCDC). For instance, the Rules for Health were proclaimed by the YCDC on
17 December 1999 under the provision of Section 33(a) of the City of Yangon
Development Law 1990 5. In 2001, the Department of Pollution Control and
Cleansing of the Yangon City Development Committee drafted the
1
Myanmar Country report , FAO/WHO Regional Conference on Food Safety for Asia
and the Pacific, FDA Myanmar, Department of Health
2
http://www.moh.gov.mm/healthinmyanmar2011
4
5
The State Law and Order Restoration Council Law No. 11/90, Law Amending the City of
Yangon Development Law (SLORC Law No. 5/95) and Law Amending the City of Yangon
Development Law (SLORC Law No. 1/96)
3
204
Notifications and Procedures for Environmental Protection and Sanitation
Works. But these notifications and procedures have not yet been enforced in
Myanmar.
In Myanmar, the Ministry of Health (Food and Drug Administration
Department) and the Yangon City Development Committee are the main
government bodies who are actively operating and co-operating together in
consumer protection.
Promotions of community awareness are made through all forms of
media in collaboration with the Ministry of Information, media personnel and
through national NGOs.
Under the Industrial Law, the Directorate of Industrial Coordination &
Inspection of Ministry of Industry is the licensing authority for industrial
establishment; it has to license all food manufacturing establishments. The
Ministry of Industry I too has issued an action plan as a standing order. The
Chemical Safety Laws for managing toxic chemicals and hazardous wastes
are presently being drafted.
205
The six selected core consumer areas in Myanmar are also summarized
in as follows: (Table 8)
Table 8: The Six selected Core Areas of Laws in Myanmar
Consumer Areas
Safety and
Labelling
- The Penal Code 1860
- The National Food Law 1997
- The National Drug Law 1992
- The Traditional Drug Law 1996
- The Rules for Health 1999
- The Order for Cosmetics 2010
Phone & Internet
- The Electronic Transaction Law 2004
Services, and
E-commerce
Consumer Credit
and Banking
- The Saving Banks Law 1992
- The Central Bank of Myanmar Law 1990
- The Financial Institutions of Myanmar Law 1990
Environment
- The Pesticide Law 1990
- The Plant Pest Quarantine Law 1993
- The Fertilizer Law 2002
- The Rules for Health 1999
Healthcare
- The Constitution of the Union of Myanmar 1974
Services
- The Constitution of the Republic of the Union of Myanmar
2008
- The Penal Code 1860
- The Union of Myanmar Public Health Law 1972
- The Law relating to Private Health Care Services 2007
- The National Drug Law 1992
- The Traditional Drug Law 1996
- The Blood and Blood Products Law 2003
- The Body Organ Donation Law 2004
206
Consumer Areas
- The Control of Smoking and Consumption of Tobacco
Product Law 2006
Professional
- The Myanmar Medical Council Law 2000
Services
- The Traditional Medical Council Law 2000
- The Dental and Oral Medical Council Law 1989
- The Law Relating to Private Health Care Services 2007
- The Law Relating to the Nurse and Midwife 1990
- The Bar Council Act 1929
- The Legal Practitioner Act 1880
- The Attorney General Law 2001
Recommendations
The recommendations of the paper are as follows:
Consumer protection is intended to promote fair trading by redressing
the balance of power between consumers and businesses. It has an important
bearing on economic and social development as well as on the health, safety
and welfare of the people of all countries.
After studying the country of Indonesia, it has main Consumer
Protection Law. It was enforced since in 1999. This law based on the
principles of benefit, justice, balance, security, safety and legal security. This
law have rights and obligations of entrepreneurs and consumers, actions
prohibited for business entities, guidance and supervisions, formation of
National Consumer Protection Board and Consumer Protection Agencies,
about the disputes settlement bodies, consumer disputes settlement board,
investigation, sanctions, and so on. So it can be said that this Consumer
Protection Law is a good law to protect the consumers.
And, relating to food safety, the Act No. 7 of 1996 on Food and
Government Regulations No. 28 on food safety, quality and food nutrition
are enacted. For consumer credit and banking, laws related to bank and
insurance are also enacted. But due to lack of Laws and Regulations relating
to health care services, professional services, e-commerce and environment,
the practices of consumer protection of Indonesia cannot be said that it has
207
good practices for consumer protection. However, it has a National
Consumer Protection Agency (NCPA) and consumer Disputes Settlement
Body (CSB) in order to more effectively protect consumers.
After studying about Indonesia’s Law and practices of consumer
protection, the paper continuously studied about the Malaysia Law and
practices it. It is also one of the leading countries in implementation of the
ACCP, as like Indonesia.
It also has a main consumer protection law. The Consumer Protection
Act (CPA) come into force in 1999, and it has 14 parts and 150 sections. It is
a general law on products and services safety. They have many consumer
protection laws (see Table 6). They have all areas of selected core areas of
Laws.
It also has National Consumer Policy 2002 which has bought about a
higher level of consumer protection, awareness and education in Malaysia,
and the government has also introduced the Malaysian Code of Business
Ethics 2002 which embodied six principles such as – sincerity in business
dealings; conscious of responsibility towards customers, society and
environment; geniality towards fellow humans; moderation in business
dealings; fair treatment of customers and enthusiasm in business building.
And then it has many consumer complaints and redress centre, tribunal
for consumer claims. To promote a more organized consumer movement, the
Ministry has established served consumer councils at all levels of State.
After studying the practices of Malaysia consumer protection,
protection of consumers in Malaysia are better than other ASEAN countries.
In Myanmar, although there has no direct consumer protection law,
there are several related laws to protect the consumers. Now the drafting of
consumer protection law is placed in preliminary discussions.
Although, in the past, there has many practices to protect consumers,
for instances – offices of city development committee and standard scales in
markets, there has no situations to control and enforce effectively.
At the recent, the Association of Consumer Protection, as a Social
Organization, organized to protect consumers, to share the knowledge and
information about unsafe and dangerous consumer products and to help the
injured consumers.
208
Besides, last month, FDA announced to open branch offices at the
border areas, for eg. Musal, Myawady, to control and inspect the consumer
products entering from neighbouring countries.
Whereas, the Food and Drug Administration (FDA) though being
established a lot of years in accordance with the law is still a small sized
regulatory agency. It is also quite a challenging for it to accomplish all
possible control measures that are involved in comprehensive food safety
control. The present FDA requires more qualified staff, laboratory analysis,
many branch offices in all over country to control and test all consumer
products effectively.
Myanmar, whose political and economy activities has been rapidly
changed, has a challenging task in dealing with Food Safety measures as
exports and imports of food commodities are now having a booming
business. FDA has been established since 1995 and Notifications are under
process. Many limited functional capacity is the main constraint.
Hence, FDA practices Myanmar Food Industry and other concerned
departments should comply with HACCP based Food Hygienic Practices on
Food Inspection that makes the food industry should apply this guidelines.
FDA must utilize Codex Alimentarius Commission materials as working
materials as interim measure before developing national standards, practices
and guidelines. The Food Control authorities should realize that Risk
Analysis Approach and pre and post market surveillance must regularly
conduct to assess quality and safety of food for public. And the concerned
Ministries and departments must take actions of control effectively more than
in the past.
References
1. Consumer International, Asia Pacific Consumer, Vol.424/(2005)
2. Country Report of Cambodia in (2008)
3. Country Report of Indonesia (2008)
4. Country Report of Laos PDR in( 2008)
5. Country Report of Philippine in (2008)
6. Country Report of Singapore in (2008)
209
7. Plan of Action for Consumer Protection in Southeast Asia : Concept Paper on ASEAN
Coordinationg Committee on Consumer Protection, (2005), Kuala Lampur,
Malaysia.
8. Roadmapping Capacity Building Needs in Consumer Protection in Asean (Policy
biref)(2011)
9. The Consititution of the Kingdom of Thailand (2007)
10. The Consumer Act (1992) (Philippines)
11. The Consumer Protection (Fair Trading)Act (CPFTA) 2003(Singapore)
12. The Consumer Protection Act (1999)(Malaysia)
13. The Consumer Protection Law (1999) (Indonesia)
14. The Philippine Constitution (1986).
15. WWW.asean.org
16. WWW.commerce.gov.mm
17. WWW.consumerinternational.org/roap
18. www.ministryofhealth.org
19. www.STADTAUS.com_ArticlePKBaliPart1_EDITED_1_2_(2007).pdf
Learning, Firm Performance and Environmental Dynamism: A Study of
Private Manufacturing Firms in Yangon
Khine Tin Zar Lwin*
Abstract
Transition to market economic system favored the substantial growth of
private enterprises throughout the country. However, globalization, together
with regional integration, makes it challenges for sustaining the competitive
advantage of the firms. Of theories of the firm, it has been suggested
learning as the one of the key capabilities that can explain the variation in
the firms’ performance. In addition it has been argued that variations in the
firm performance differ according to the environmental to context. Based
on these grounds, a conceptual framework was adopted in order to test how
the different types of learning influence the firms’ performance and how
their performance
vary in relation to the exposure to different
environmental dynamism
by using the random sample of 120 private
manufacturing firms from industrial zones in Yangon area. The result of
OLS analysis showed that the different types of learning influence the
firms’ performance differently. In addition, the effect of learning on the
firm performance differs according to the nature of competitive
environment. The findings call for further discussion and useful
implications.
Key words: learning, knowledge, performance, manufacturing firms
Introduction
Myanmar economy has encountered significant changes after
transition to market oriented system. In the previous economic system, the
participation of private sector in economic activities is rather limited and as a
result many of the private activities were confined to the small scale industries
that were operating under unfavorable environment. But after transition to
market economic system, the government encouraged the participation of
Tutor,Dr, Department of Commerce, Yangon Institute of Economics
*Best Paper Award Winning Paper in Economics(2012)
212
private sector in national economy with the hope that promotion of private
sector would strengthen the national economy and promote economic
development through competition in the market mechanism. Many of the
former stated owned enterprises were privatized; industrial zones were
established to promote their systematic development and various laws were
endorsed that allowed for the foreign directed investment to facilitate transfer
of knowledge and technology to the local firms. However, with liberation,
regional integration and globalization, it makes increased challenges for the
survival of the firms. Many of the firms are under the intense competition of
imported products from neighboring countries in the region. Especially, the
growth of China has made under pressure for local firms due to their relatively
lower price products.
Survey of literature suggests that organizational learning is one of the
capabilities for competitive advantage (e.g. Eistenhardt & Martin, 2000). In
addition, a number of researcher showed the variations in firms’ performance
can be observed due to the differences in the
level of learning capability (e.g. Nonaka &Takeuchi, 1995). A number
of empirical studies has been explored how the learning capability impact the
firms performance in the developed and developing countries context.
Organizational learning has been proposed as a viable concept for firms facing
under pressure for their survival. As a result, this study explored the
performance differences among the firms form the organizational learning
perspective. To achieve this, this study identified the different types of
learning and investigated their impact on the firms’ performance. In addition
the moderating impact of different environmental condition is considered in
order to achieve comprehensive understanding. The study has a set of
objectives. First, it investigates how different types of learning impact the
firms’ non financial performance. Then, contingency perspective is
undertaken in order to explore the relationship between the two domains of
learning, and firms’ performance.
Hypothesis Development
Overview of Learning
The concept of learning has been dated back to the two theories of
learning that has their origins in psychology: cognitive theory and behavior
theory. Both attempted to explain how can be reflected the effects of leaning
outcomes, but the consent that what is meant by learning is not match.
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Cognitive theory emphasized on change in thought processes as the outcome
of learning. For example, Narver and Slater (1995) defined leaning as the
development of new knowledge and insights that has the potential to influence
the behavior. However, the focus of the behavior theory was change in
observable behavior and view learning as adaptative process. Later researches
attempted to bridge the gap by integrating these two perspectives. “Learning
means the process of improving actions through better knowledge and
understanding” (Fiol & Lyles, 1985). ‘Learning as the process of change in
cognition and behavior and it doesn’t not necessarily follows that the change
will directly enhance performance” (Crosson et al., 1995).
Internal Learning
Internal learning can be generally referred to as learning at an intraorganizational level. Different authors maintain different views of internal
learning. Scholder et al., (2002) viewed internal learning as a routine practice
at individual and organizational level that fosters private knowledge, causal
ambiguity and social complex factors that confer completive advantage and
inhibit transfer. Bierly & Hamalaninen (1995) viewed internal learning as
shared knowledge among organizational members that fosters organizational
capabilities and can be seen in several domains inside the organization.
However, since the concept of “team” or “group” is difficult to make
applicable due to the relatively informal structure and their work culture, this
study categorized internal learning into two domains: individual and
organizational.
Internal Learning and Non-financial Performance
This study maintains individual learning as the development of
individual competence, capability and motivation to undertake a required task
through intuition and the interpretation process among employees (Boits et al.,
2002). But unlike the large firm context in developed countries where
individual learning can be enhanced by a wide variety of human resource
practices, a large part of knowledge and skills development in our context
could be the use of informal elementary learning mechanisms such as
apprenticeship learning.
The evidence that individual learning influences firm performance has
been reported in handful of studies by using a mixture of indicators (e.g. Botis
et al., 2002; Joythibabu et al., 2010), although a few reported an insignificant
relationship (e.g. Milla & Birdi, 2010). Prieto and Revilla (2006) suggested
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that non-financial performance could be the intermediate outcome that must
be introduced to see the effects of the learning capability on financial
performance, part of which is made up of individual learning, on financial
performance. In addition, studies on intellectual capital suggested that
employees with a higher level of competency are better able to understand
customer needs and sustain relationships with them in order to ensure their
loyalty (e.g. Chen et al., 2004).Thus, the effect of individual learning on
manufacturing firms’ performance is to be clearly explored in this study by
using the following hypothesis:
H1: Individual learning is expected to have a positive association with
firms’ non-financial performance.
It is adopted a view of organizational-level learning as an alignment of
a non-human storehouse of learning in systems, structure, and procedures that
support the organizational direction in given competitive environment
(Andrews, 1971; Botis et al., 2002). However, unlike the large firm context in
developed countries where a large part of knowledge is stored in the system,
process and procedure with the use of the latest data-based system, such as
ICT, most knowledge might be stored in this context is in the head of the
managers, and knowledge sharing might be a relatively simple, informal
system (worth of mouth).
Similar to individual learning, a good deal of research on
organizational learning shows that organizational learning influences firm
performance (e.g. Botis et al., 2002; Tippins & Sohi, 2003; Skerlavaj et al.,
2007). But the consent on which aspects of business performance does not
match. However, the relatively higher impact of organizational learning on
non-financial indicators such as the satisfaction of employees or customers,
customer retention, improvement in quality and organizational reputation has
been reported in some studies (e.g. Spicer & Sadler–Smith, 2003; Leopez et
al., 2005). Spicer and Sadler –Smith (2003) reported that the organizational
structure that allows the free flows of information and a culture that fosters
risk taking and experimentation and the procedures that enables the
identification of customer needs, revision and review on organizational
routines. They are better able to identify customer needs and achieve public
good will as a result. So, it is proposed that
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H2: Organizational learning is expected to have a positive association
with firms’ non- financial performance.
External Learning
As previously discussed, external learning refers to the learning at the
inter-organizational level. External learning is regarded as a means to help
achieve fundamental organizational goals as it increases better and newly
defined sets of competencies (Prahald & Hamel, 1990). Caloghirou et al.,
(2004) argued that in this era of intense competition and rapid technological
change, firms cannot solely rely on their own existing capabilities and
knowledge base. Rather, it is necessary to make efforts to benefit from the
experience and knowledge of other economic actors. Accordingly, many
studies explored the effect of learning from modern collaborative
arrangements such as joint ventures and alliances etc. (e.g. Lee et al., 2001;
Gils & Zwart, 2004; Liu et al., 2010).
But some researchers have argued that for firms with limited
resources, especially for SMEs which are of the same size as medium firms
and even large firms in our context, external bodies such as suppliers,
customers and competitors are the most important sources of learning
regarding products, processes, technologies and practices (Jones &
Macpherson, 2006). Thus, due to the situation, this study regards external
learning as learning from customers, competitors and suppliers.
External Learning and Non-financial Performance
Marketing literature proposes the importance of customer learning in
fostering competitive advantages (Naver & Salter, 2000; Weerawardena,
2003). It is asserted that the firm’s ability to learn faster than competitors as
the main source of competitive advantage. However, the literature has few
suggestions on what is meant by customer learning and how it can best be
carried out. The concept of customer learning used in this study was drawn
from the well discussed previous literature and defined as the three sequential
processes of information acquisition, interpretation and resulting cognitive
and behavior changes as suggested by Sinkular, (1994) and some others (e.g.
Huber, 1991, Dimovski, 1994, Skervalaj et al., 2007).
Despite the fact the influence of customer learning on the firm’s
competitive advantage is well proposed in literature, there is limited evidence
to see the clear effect. However, drawing on various perspectives, it has been
found to have affected the firm’s ability to produce creative product and
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services, adopt new marketing and managerial practices (Weerawardena,
2003), customer based performance such as customer retention, value, ROI
etc (e.g. Zahy & Giffin, 2004), the ability to create new ideas, i.e. innovation
(Rhee et al., 2010), etc. In addition, customer knowledge is a helpful
reference for improvement (Tseng, 2009) and beneficial for customer
satisfaction, loyalty and productivity (Mithas et al., 2005). The firms’ ability
to learn targeted customer needs and wants is said to better position the firm to
offer more appropriate and good quality products which is thought to result in
better customer satisfaction and a superior level of customer retention (Salter
& Narver, 1995). Based on this discussion, the following hypothesis was
advanced:
H3: Customer learning is expected to have a positive association with
Market orientation literature suggests that competitor learning is
important for superior performance (e.g. Rhee et al., 2010; Sinkular, 1994;
Naver & Salter, 2000). Competitors are the entities in the same industry that
produce similar products or service. This type of learning is beneficial such
that it shortens the product development process since technology is off–theshelf, and ready-made practices are already available (Bierly & Hamalaninen,
1995). Aspects of competitor knowledge cover intelligent knowledge
regarding competitors’ scale and quantity, manufacturing technologies and
methods, their marketing strategies, and so on. However, there is direct
competition between the competing firms and each firm might fear the loss of
competitive advantage, it is impossible to learn mainly directly from
competitors through formal dialogue. Instead, it can be done indirect ways.
For example, a firm can observe their products and services available in the
market, scan their movements and actions, and listen to the word of mouth
information about their practices and technologies. Similar to customer
learning, competitor learning is measured by the extent of three sequential
processes of information acquisition, interpretation and the resulting cognitive
and behavior changes.
Unfortunately, clear evidence of the impact of competitor learning on
firms’ performance has not been well researched in empirical literature.
However, indirect evidence of the influence of competitor learning on firms’
performance can be seen in market orientation studies in the context of
organizational learning literature (e.g. Naver & Salter, 2000; Rhee et al.,
2010). A recent study of small, innovative technology firms in South Korea by
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Rhee et al., (2010) found it affects the firm’s ability to obtain sales growth and
profitability through its ability to develop new, better knowledge for
responding to their movements and actions. Ideally, competitor learning has
potential to obtain the firms’ non financial performance since it provides a
source for benchmarking and transfers of best practices (Drew, 1997). In
addition, it is proposed that competitor learning is one of the key
competencies for achieving success in the marketplace (Kohi & Jaworski,
1990). As a result, the firms that possess higher ability to learn from
competitors could enjoy better non financial performance through improving
their ability to make better adjustment by copying competitors’ strategies. So,
it is hypothesized that
H4: Competitor learning is expected to have a positive association with
One of the important domains of external learning is learning from
related and supporting industries such as suppliers (Bierly & Hamalaninen,
1995). Suppliers are the individuals or firms in the related or supporting
industries where the firms source their raw materials or inputs. They could be
individuals or firms in the local area that have a regional proximity or firms
beyond the national boundary. This type of learning from suppliers is easier
because there is no direct competition between the firms and firms can
provide complementary information in the interest of both parties. Supplier
learning can be maintained through long-term, close relationships with
supplier (Haikansoon et al., 1999; Scholder et al., 2002). There is general
agreement among researchers that suppliers are an important source for
broadening the firms’ knowledge base (Bierly & Hamalaninen, 1995;
Haikansoon et al., 1999; Amara et al., 2008). Consistently, supplier learning
is defined as the process of information acquisition through long-term
relationships with suppliers, information interpretation and the resulting
behavior and cognitive changes.
Literature on social capital and network theory has devoted much
attention into building special relationships with external actors in the value
chains, such as suppliers (Burt, 1992; Granovetter, 1985). The work in social
capital and network theory shows the beneficial effects of social capital and
networks; one of which is supplier networks on organizational performance
(e.g. Pennings et al., 1998; Hansen, 1995). However, the same interest has
been limited as to how the business relationship with suppliers in general
affects the organizational performance from the organizational learning
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perspective. Some researcher stated that supplier learning is still in an early
stage and called for more empirical research in order to advance the
knowledge in this field (Besenat & Lamming, 2003). Therefore, to advance
the understanding of the effect of learning from supplier on the firms’
performance, it is assumed that learning from suppliers will assist
manufacturing firms to improve non-financial performance in two ways. First,
through long-term relationships with suppliers, the firms can enjoy reduction
in transaction costs, opportunity costs and inventory costs which can improve
their ability to satisfy stakeholders through their ability to offer lower price.
Improvements in quality can also be attained through an increased ability to
obtain reliable, quality inputs from the relationship. Second, suppliers can
provide essential complementary information about the products, process and
technological knowledge which are of importance to firms that have limited
resources to identify and seek that knowledge with their own private efforts.
Thus the firms with better relative learning capacity from suppliers might be
in a better position to satisfy customers, retain customer loyalty and be better
able to produce quality products through improving their ability to make
adjustments in delivering goods and services and adapting to the better
practices suggested by suppliers. Therefore, it is hypothesized that
H-5: Supplier learning is expected to have positive association with firms’
non-financial performance.
Moderating Effects of Environmental Dynamism
It has been widely recognized by strategy researchers that the
importance of the contingency perspective affects firms’ performance. Many
considered the role of the operating environment in influencing firm
performance (e.g. Liao et al., 2003; Lichtenthaler, 2009; Pelham et al., 1996;
Pelham, 1999). One of the environmental factors that are assumed to have an
impact on the firms’ strategic choices and firms’ performance is
environmental dynamism. The literature proposed two types of dynamism:
market and technological (Miller & Droge, 1986). However, according to the
context of the study where firms are operating in a traditional industry with
simple and stable manufacturing technology, technological dynamism is
assumed to be unlikely to confer the firms’ choice of knowledge strategies and
performance. Thus, market dynamism is considered as one environmental
factor that is likely to have an impact on the relationship between knowledge
strategies and performance outcomes. Environmental dynamism refers to a
situation where there is volatility in the industry regarding customers’ tastes
219
and preferences, competitors’ actions and the unpredictability of products
(Miller & Droge’s, 1986; Kohi & Joweorski, 1993). It is sometimes referred
to as the degree of unpredictability of change in the firms’ marketing
environment (Dess & Beard, 1984).
Much of the attention in the field of organizational learning has been
devoted to the impact of environmental dynamisms as moderating variables
when considering two types of organizational learning defined by March
(1990): exploitative and explorative learning (e.g. Lichtenthaler, 2009) .
According to the framework of organizational learning used in this
study, the firms’ knowledge strategy can be viewed as two types: internal
learning as the firm knowledge base and external learning through acquisition
and utilization of knowledge. Internal learning in this study refers to the level
of knowledge retained by the individual and knowledge stored as
organizational memory. It also refers to the knowledge base of the firms
which make up intellectual capital and organizational memory (Hanvanich et
al., 2006). External learning is defined as knowledge and information from
external sources such as customers, competitors and suppliers. The literature
posited that the firms’ knowledge base is a resource that firms can deploy for
better performance, especially in stable industries where there are no changes
in customer preferences or competitor strategies. Competition is based on
efficiency and cost reduction (March, 1990). Firms can extract value from the
knowledge base. Therefore, there is a possibility that when dynamism is
absent firms can promote stakeholder satisfaction through benefits from
efficiency and cost reduction. However, in a volatile environment with
changing customer tastes and preferences and competitor actions, existing
knowledge can easily become obsolete or even exhibit new knowledge
creation. Relying on an accumulated knowledge base hurts performance due
to its inflexibility in making proper adaptation (March, 1990). This might lead
to the higher probability of mismatch between customer desires and firms’
capabilities. As a result, the firms’ ability to provide stakeholder satisfaction
using internal learning declines with an increase in dynamism.
Knowledge is not long lasting in a turbulent environment and firms’
ability to improve existing knowledge becomes essential (March, 1991). To
survive in such an environment, real-time information about the changes in
the marketplace enables them to understand and adapt to changing situations.
Although pursuing the acquisition and utilization of knowledge entails higher
risk, it is likely to lead to sustainable competitive advantage (Birely & Daly,
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2006). In such an environment, the firms that view external learning as a key
to improvement have a high possibility of better serving customers’ needs.
Sinkular et al., (1997) suggested that if the firms’ actions are not constrained
by current practices, they are more likely to uncover novel ways of serving
customer needs and accordingly they should perform better. Therefore, there
is a possibility that external learning can provide the firms higher stakeholder
satisfaction by means of understanding customer needs in dynamic
environment.
Drawing on the dynamic capability perspective, sustained competitive
advantage in a dynamic environment depends on the firms’ ability to integrate
internal and external knowledge (Eisenhardt & Martin, 2000). Therefore, it is
expected that emphasizing one type of learning might not be a universally
preferred option under the conditions of a dynamic situation. Especially for
firms in Myanmar context, lack of formal planning, marketing analysis and
limited resources might reduce their ability to exploit on the internal
knowledge base (internal learning). Their lack of systematic thinking due to a
lack of professional management might require them to orient themselves
towards knowledge from external sources such as competitors, customers and
suppliers. Similarly, acquisition and utilization of knowledge also provides
limited value without a firm’s knowledge base, especially in such an
environment. To exploit the external knowledge, the firms need to have some
sort of knowledge base. Thus, maintaining both types of learning is necessary
in such an environment since firm performance is the function of internal
learning and external learning in a changing environment (Bierly &
Hamalaninen, 1995). Product and market development can’t be isolated from
the firms’ knowledge base or external sources. Firms cannot rely on the
knowledge base but need to absorb relevant external knowledge from external
sources (Cohen & Leventhal, 1990). The firms need to follow customer tastes
and competitor actions and respond to them accordingly while at the same
time maintaining learning-oriented workers and systematic organizational
procedures is necessary to support the effort to keep up with the changing
situation in the environment. In reality, dynamism creates a threat to a better
fit between learning strategies and the environment while at the same time
providing possibilities to adjust for a better fit. It is argued that if the firm’s
business practices are constrained by current practices that are unlikely to
uncover new practices, i.e. if the firm only relies on internal learning, it is
unlikely to sustain non-financial performance in such an environment.
Similarly, relying only on external learning without having learning-oriented
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workers and institutionalized learning is not a sufficient condition for
achieving non-financial performance in such a dynamic environment.
Consequently, it is necessary for firms to pursue both types of learning
strategies as a way of realigning the firms with the situation in the
environment. Therefore, it is expected that under dynamism, the firms that
actively engage in development of internal and external learning capabilities
enjoy better non-financial performance outcomes than those that maintain
only one type.
H6: Environmental dynamism moderates the relationship between
internal and external learning and firm non-financial performance in
such that firms that pursue both types of learning will have higher level
of non-financial performance than that focus on one or the other.
Methodology
Data, Sample and Respondents
This study used the primary data that was collected with structured
questionnaires since the variables going to measure are infeasible to obtain
from the secondary sources Thus, the primary data were collected during
February and March 2011. The questionnaires preparation process covered the
two general steps. First, the questionnaire was developed in English then
piloted with the members of business studies. After making minor
modifications with their valuable inputs, they were translated into Myanmar
language and piloted again with professors and senior researchers in
Department of Commerce, Yangon Institute of Economics, in order to check
the language suitability and clarity of the items under study.
The focus of the study was various manufacturing firms from five
different industrial zones in Yangon areas. The manufacturing firms are
assumed to be most appropriate for detailed study for some reasons. First,
manufacturing secotor of the country is still lower its contribution to GDP
compared to other ASEAN Developing countries. Second, promoting
industrial sector has been placed on crucial part of national development
agenda. Third, managerial implications for these firms became critical issue in
these and coming up liberalized economic era. Generally, the knowledge
gained from this type of investigation can illuminate in the practices that it is
warrant for thorough study.
However, the participating firms were selected in two general stages.
Of the many industrial zones in the Yangon area, industrial zones with more
222
than 200 firms were selected for the first stage. The established zones with
larger sizes were selected to control for the effects of differences in the level
of infrastructure such as the accessibility of electricity and transportation
facilities in smaller industrial zones in the developmental stage. Of eight
industrial zones with more than 200 firms, three industrial zones were
randomly selected due to the time constraints of the survey period. Although
the initial sample covered 150 firms from the three industrial zones in the
Yangon area, due to the some unusable questionnaires, only 120 firms were
used in the main analysis. The following tables provide a detailed description
of the sample firms from the three industrial zones and their distribution
among various types of industries.
Table. (1) Distribution of Sample Firms by Industrial Zone
Name of IZ
No of
firms
Percentage
Total no
of firms
Percentage
of total
Hlaing Thar Yar 54
45%
474
11%
Shwe Pauk kan
21
18%
315
17%
South Dagon
45
38%
798
7%
Total
120
100%
1728
14.4%
Source: Survey data (2011)
Table. (2) Distribution of Sample Firms by Type of Industries
Type of Industry
No of firms
Percentage of firms
Accessories
11
9%
Plastics
7
6%
Appliances
17
14%
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Food Processing
29
24%
Electronics
7
6%
Garment
15
13%
Machinery
2
2%
Paper And Stationery
10
8%
Pharmacies
4
3%
Steel
3
3%
Wood-Based
8
7%
Footwear
5
4%
Beverages
2
2%
120
100%
Total
Source; Survey data (2011)
The chief executive officers (CEO) or managers were chosen as the
main respondents of the study because they are the key personnel for the firms
who have extensive knowledge about the employees, accounting information
and situations in the industry.
Measure of Variables
Five point Likert scales were used for all variables. Following Botis et
al., (2002), individual learning is measured by how well individuals have the
ability to capture and utilize the work related knowledge while the
organizational learning is accessed by the extent of common knowledge
retained in the work system. But the scales for external learning are evaluated
by the extent of knowledge acquisition, interpretation and utilization from the
customers, competitors and suppliers, and adopted from some studies (e.g.
Narver & Slater, 1990; Masuno et al., 2002; Schroeder et al., 2002). Based on
the stakeholder approach to performance measurement, immediate measures
such as in customer satisfaction, customer retention, firm reputation and
improvement in product quality are regarded as the measurement for firms’
performance (Lopez et al., 2005). The degree of unpredictability of change
regarding customers tastes and preferences, competitors actions and demand
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and supply. The respondents were asked to mention their level of agreement
or satisfaction ranging from 1 (very low) to 5 (very high)
In line with many previous studies, variables such as firms’ size and
age that might affect the performance of the firms were used as control
variables. The number of full time employees was chosen as a proxy for
measuring the size of firms. However, in order to reduce the variations among
firms, it was transformed into log terms.
Analysis and Results
In order to verify the validity and reliability of the measurements
scales, some standard practices were followed. Content validity was checked
by experts. Coefficient of alphas was computed to access the unidimenionality
of the items. All the sales fall above the minimum acceptable value of 0.70
(Nunnally, 1978). The reliability, mean, standard deviation and correlation
among measurement items are presented in table (1) in appendix.
The ordinary least square analysis (OLS) was used as the main
analytical method due to the moderate sample size. The analytical results
cover the three sections. First, the analysis on the relationships between
independent and interaction effects of different types of learning on its
dependent variable non-financial performance was presented. Separate
regressions models were run in order to see the additive effect of different
learning on the non-financial performance. In addition, independent variables
were mean centered to reduce the effect of multicolinarity when creating
interaction terms (Akin & West, 1991). Second, the moderating impact of
environmental dynamisms is evaluated.
Table (2) in appendix reports the results of different types of learning
on the non-financial performance. As mentioned earlier, different models
were run in order to test the addictive effects of internal and external learning
variables on the dependent variable, non-financial performance. In model 2 (
and all models), result shows that both the individual and organizational
learning variables prove to be positive and statistically significant on nonfinancial performance at 0.05%. Thus, the results support both Hypothesis 1
and 2. The result in model 3 shows that only the competitor learning is
significant at 0.01% whereas others are insignificant. Thus, H4 is supported as
expected and others, H3 and H5, are rejected. In addition, according to the
result of model 4 in Table (3) H6 is also supported.
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Discussion
Internal and External Learning and Non-financial Performance
Our first five hypotheses proposed that the greater level in two types of
internal learning such as individual and organizational (H1 & H2) and the
three types of external learning such as customers, competitors and suppliers
(H3, H4 & H5) would result in non-financial improvement . The regression
result showed a positive and significant relationship between two types of
internal learning (H1 & H2) and learning from competitors (H4). So this result
suggests that knowledge retained in the head of individual employees is
important in achieving non-financial performance of firms in our context. In
other words, the firms’ non-financial performance in the form of stakeholder
satisfaction can be obtained by means of maintaining capable, motivated and
committed individual employees. Similarly, the positive and significant
relationship between organizational learning and non financial performance
provide the evidence that knowledge embedded in the firm’s systems,
processes and procedures are essential for achieving non-financial outcomes.
However, unlike studies based in developed and developing countries, it did
not find clear evidence of a greater effect of organizational learning on
performance. This means that organizations with better storehouse of learning
could pass down the knowledge and learning to current and future employees,
and employees with better learning capacity and greater knowledge could
contribute their knowledge at the organizational level.
Contrary to our hypothesis, this study does not find that learning from
customers (H3) had a main effect on non-financial improvement of the firms.
There are some possible reasons why such learning migrates away from
improving non-financial performance in this study. This study focused on the
quantity rather than the quality of customer knowledge and responsiveness of
the firms. In reality, the firms’ perception of customer knowledge and
responsiveness might deviate from optimal level of satisfying genuine
customer tastes and preferences. This is because, first, firms in our context are
at a disadvantage in accessing up-to-date customer information due to use of
lengthy distribution channels for selling the products. As a result, many firms
seem to possess an inadequate ability or opportunity to respond to the
knowledge of customers in a timely and efficient manner. In addition, this
insignificant effect of customer learning on non-financial performance might
partly reflect their perceived inadequacy towards accessing and responding to
customer knowledge even though they are attaining non-financial
226
improvement at an optimal level. Contrary to this explanation, if all firms are
utilizing customer learning as strategies for sustaining non-financial
performance, it might be difficult for firms to use customer learning as a
strategy for sustaining superior non-financial outcomes.
This study found evidence that learning from competitors (H4) has the
strongest positive significant impact on firm non-financial performance. This
evidence also implies that firms in our context seem to be more inclined
towards learning from others’ experience and have more competence to do so.
Actually, such findings can be expected in this context where firms’ own
knowledge generation mechanism (i.e. R & D) is limited. In such a situation,
benchmarking against competitors’ actions probably provides them an
important means for superior non-financial performance, at least in the short
run. Moreover, it is supported by the fact that many firms in our context are in
traditional sectors involving simple manufacturing and producing simple
products where benchmarking against competitors’ actions is likely to be a
minor adaptation rather than major changes in which imitation doesn’t require
much causal ambiguity and path dependency.
Some authors suggested the importance of learning from supplier
networks in improving firm performance (Schroeder et al., 2002; Droge et al.,
2003), this study did not find a main effect. Some studies also proposed that
there is an inconclusive effect because it depends on the knowledge level of
suppliers that comes from the number of other supplier networks (Haikansson
et al., 1999) and the fit between the learning styles of manufacturers and
suppliers (Azadegan & Dooley, 2010). For firms in this context, the
supplying firms might not seem to possess adequate ability or capacity to
develop and provide relevant knowledge to their customer firms. Another
possible reason for insignificant supplier learning in non-financial
performance highlights the measurement issue that has to be addressed in
future studies.
As suggested by previous studies, the effects of different types of
learning are contingent on the environmental situation that the firms are
facing. This study considered the moderating impact of environmental
dynamism on the relationship between internal and external learning and firm
non-financial performance. Although not formally a hypothesis, the result
showed that environmental dynamism had an insignificant impact on the nonfinancial performance. Similarly, it found clear evidence of the interaction
effect of neither external learning nor external learning and environmental
227
dynamism on the non-financial performance of the firms. This suggests that
knowledge and information posses in house alone or gained from external
sources could not improve the firms’ attempts to satisfy stakeholders when
industry change is high. Thus, relying only on internal knowledge and
external learning seems to be detrimental under high environmental
dynamism. However, the three significant interaction effects, internal,
external and environmental dynamism, on non-financial performance suggest
that either internal or external learning is necessary but not sufficient in
maintaining better non-financial performance in a changing environment.
Instead, achievement in non-financial performance comes from the good fit
between both types of learning under a situation of environmental dynamism.
All the firms that can sustain a constant commitment to investment in internal
learning stocks (qualified workers and to institutionalized learning in the
firm’s system) and that have a culture of openness to external learning sources
enjoy better non-financial performance when faced with a complex dynamic
environment.
However, the results don’t now imply that commitment towards both
internal and external learning seems to be detrimental in a stable industry.
Even if firms’ performance suffers through shifting towards internal and
external-oriented learning in a stable industry due to the costly nature of
investment in financial and time resources, the stability of any industry is
relatively short. As suggested by Birely and Hamalaninen (1995) and some
others too, no industry can be stable in the long run. Committing to
investment in both internal and external learning is essential for catering to
stakeholder satisfaction. The presumption is that the firms that are more
oriented towards internal and external learning are in a better position to
improve non-financial performance and thus financial outcomes under any
current environmental conditions.
Conclusion
This study investigated the effects of internal and external learning
domains on the performance of manufacturing firms. The results indicated
that different domains of learning influence firm performance differently.
With regard to two internal learning variables, knowledge retained at the
individual level and institutionalized at the organizational level are important
in explaining the firm’s non-financial performance. Of the three domains of
external learning, only competitor learning has a positive impact on firm nonfinancial performance. More importantly, both internal and external learning
228
together showed their synergetic impact in influencing the firm’s nonfinancial performance after taking the heterogeneous environmental context
into consideration.
Policy Implications
Several policy implications for practitioners and policymakers can be
proposed according to the findings of the study.
Implications for the Private Sector
Given that the importance of individual learning appeared to be crucial
for both non-financial and financial performance outcomes, managers should
make certain levels of investment in order to nurture and retain competent
workers. To achieve this, they should use formal and informal training to
equip workers with necessary skills and competency. Employees should be
encouraged to share experiences with each other to increase their chances of
learning. The use of other human resource practices such as systematic hiring,
performance-based rewards and promotion systems should be of great value to
attract capable workers and motivate them to use their competency to its full
potential. They should develop an organizational learning system to store
organizational experience and to develop processes and procedures to make
all members of the organization aware for better performance outcomes.
In addition, managers should pay special attention to responding to
competitors’ movements and actions given the importance of competitor
learning on non-financial outcomes. Resources should be allocated and
incentives should be provided accordingly. However, this also signals the fact
that it is required for all firms to do constant innovation because a firm’s new
innovation in products, processes and technology tends to be quickly obsolete
by means of learning by imitation among competing firms.
Finally, managers should monitor changes in the environment since
developing both internal and external learning capabilities is required in a
dynamic environment. If resources are available, they should prepare for the
development of both internal and external learning capabilities for longer-term
performance orientation as developing learning capacity may take time and
the stability of any industry is only short life.
229
Implications for Policymakers
Given the importance of competent employees, policy interventions
should be directed towards requiring all firms to equip their employees with
the necessary job-related skills. Necessary support programs in the forms of
financial assistance and incentive schemes in the form of loans should be
provided for firms with resource constraints for doing so. In addition,
managers should be encouraged to acquire knowledge in business
management by attending outside professional training programs to raise their
level of awareness of the managerial knowledge on HR practices. Trade
shows, workshops and meetings are of great value in enhancing chances of
learning between competing firms in the same industry. It would be beneficial
for firms if mass media such as TV, magazines and newspapers were
encouraged to release real-time product and market information so that the
firms could regularly acquire, evaluate and respond to customers’ tastes and
preferences and competitor actions.
Limitations and Direction for Further Research
This study entails some limitations that call for the issues to be dealt
with the future organizational learning research stream. The first and foremost
issue deals with the use of perceptual measures for performance indicators,
especially for financial performance indicators. The next relates to the issue
for exploring antecedents of learning. Although this study provides some
useful insights into firm level performance implications for Myanmar context
from the perspective of knowledge and learning, due to time limitation of
survey period this study cannot explore the antecedents of learning. Therefore,
it would be appreciated if future study could explore contextual factors in
similar context.
Acknowledgements
I would like to express my sincere gratitude to all of those who supported my
research project in different ways. Since the paper was partial requirement for the master
degree in Hiroshima University, first of all, I would like to offer my deepest gratitude to my
main academic professor, Associate Professor TAKAHASHI Yoshi, for his sincere,
enthusiastic support throughout the project. Then, I would like to express my deep feeling of
gratitude to my department for their valuable contribution along the data collection processes:
my teacher and the Head of the Commerce Department, Prof. Daw Ye Ye Than, and my
teachers, Dr. Aung Kyaw and Associate Porf. Daw Khin Nwe Ohn. Finally, great thanks are
the owners/mangers of the firms for giving their time and for patiently answering the
questions.
230
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Appendix
Table (1)
*p<.05
Descriptive
1
statistics
2
and
3
reliability
4
5
for
the
6
7
scales
8
9
1
Individual
learning
2
Organizational
learning
.53*
1
3
Customer
learning
.57*
.53*
1
4
Competitor
learning
.45*
.51*
.45*
1
5
Supplier
learning
.42*
.59*
.50*
.49*
1
6
Environmental
dynamism
.3735*
.4647*
.5026*
.312*
.4942*
7
Non-financial
performance
.41*
.36*
.20*
.41*
0.19*
0.1
1
8
Size
-0.12
.19*
-0.01
-0.03
0.13
-0.15
.25*
1
9
Age
0.01
-0.04
-0.10
-0.03
-0.04
-0.02
-0.09
-0.14
-
10
Mean
4.08
4.22
4.19
3.98
4.40
4.61
3.73
4.60
-
11
S.D
0.58
0.67
0.74
0.92
0.62
0.38
1.17
9.46
-
12
Reliability
0.71
0.81
0.80
0.84
0.77
0.84
0.82
-
-
1
1
233
Table (2) OLS result for main effects (H1-H5)
Dependent variable: Non financial Performance N=112
Model 1
Model 2
Model 3
4.111***
1.787***
2.072***
Logsize
-0.005
-0.096
-0.872
Age
-0.815
-0.004
-0.003
individual learning
0.304**
0.307**
rganizational learning
0.273**
0.251**
Constant
Controls
Main effects
customer learning
-0.130
competitor learning
0.214***
supplier learning
-0.130
R^2
0.021
0.224
0.279
Adjusted R^2
0.003
0.195
0.230
F
1.18
7.88
5.75
-
14.28***
2.88**
∆ F
Unstandardized coefficients.
p*p<0.10; **p<0.05; ***p<0.01; two tailed test.
234
Table (3). Moderating effects of environmental dynamism (H6)
Dependent variable: Non financial Performance
N=112
Variables
Model 1
Model 2
Model 3
Model 4
constant
4.111***
1.691***
4.327***
1.214**
Controls
Logsize
-0.005
-0.086
-0.86
-0.085
Age
-0.815
-0.004
-0.004
-0.004
Main effects
Internall
0.451***
0.449***
0.491***
Externall
0.188*
0.192*
0.246**
Envdynm
-0.055
-0.055
-0.052
Interactions
internal*envdynm
-0.121
external*envdynm
-0.050
internal*external*envdynm
.062**
R^2
0.021
0.249
0.249
0.276
Adjusted R^2
0.003
0.214
0.214
0.235
1.18
7.11
7.11
6.75
10.71***
1.90
3.97**
F
∆F
Unstandardized coefficients.
*p<0.10; **p<0.05; ***p<0.01; two tailed test
A Study on Corruption Control Systems In Selected Countries
Kyaw Swa Myint
Abstract
This paper tries to describe the different systems of corruption control
patterns and their circumstances of three Anti-corruption patterns: Pattern-1
Anti-corruption
laws
with
No-Independent
agency
(or)
Criminal
Legislation, Pattern-2 Anti-corruption law with many agencies (or) other
laws and procedure and Pattern-3 Anti-corruption laws with an Independent
agency (or) Institutions for investigation, prosecution and control. Even
though the Pattern-3 is not a perfect strategy, but compared to other
patterns. In addition to the well designed control pattern, the other factors,
such as citizens’ perception on integrity, ethic and knowledge regarding the
corruption are also vital for fighting against corruption.
Introduction
There is no question about the negative impact of corruption on
development. No society is totally free of corruption. However, with the
appropriate institutional and legislative measures, corruption can be kept
within acceptable limits. Without minimizing the corruption, the country
cannot be developed.
Corruption and governance lie on a continuum but occupying opposite
poles. Corruption is one of the disclosures to measure Good Governance. “A
few year ago, corruption is increasingly seen as neither beneficial (“grease for
the machine”), nor inevitable (“the way the system works”), nor respectable
(“everybody does it”). This new consensus is being translated into actual
policies of international organizations and governments around the world” 1.
Corruption and control of corruption have become a focal concern in least
developed countries and developing countries.
1
Salvatore Schiavo-Campo and Pachampet Sundaram, To serve and To preserve, ADB,
(2000), p.13
EMPA 8th Batch, Department of Applied Economics, Yangon Institute of
Economics
236
Each and every government has its own corruption control mechanism.
Regarding the anti corruption effort, it is difficult to say which mechanism is
the best and thus we need to study in depth. Three different types of
corruption control patterns and their circumstances are mentioned here for
three Asian countries namely: Mongolia, People’s Republic of China, and
Republic of Singapore for the periods from 2000 to 2010. This paper will
contribute towards the best of corruption control pattern to eradicate
corruption.
METHOD/PROCEDURE
In this paper descriptive method is used and it is based on secondary
data major collected from the Transparency International (TI) of Corruption
Perception Index (CPI) and World Bank’s Worldwide Governance Indicators
(WGI).
Mongolia
Pattern-1 Anti-Corruption law with no independent agency (or)
Criminal Legislation is adopted in Mongolia, which has the Law on AntiCorruption (LAC), which was enacted in 1946. However, there is no
independent anti-corruption agency (ACA) as the task of controlling
corruption in Mongolia is shared between the police, the General Prosecutor’s
Office and the Courts. Mongolia’s efforts to tackle corruption began in 1993
and the Anti-Corruption Law was adopted in 1996 that was amended in 2006.
“In Mongolia, corruption offences are handled by the Criminal Police
Department (CPD), which investigates these cases and refers them to the
Investigation Department (ID). The CPD and ID investigate complaints of
corruption against public officials and if there is evidence to substantiate
these complaints, the cases will be handed over to the General Prosecutor’s
Office (GPO). From the GPO, the cases are processed by the aimag (the
administrative units), the Capital City Court and the Supreme Court.” 1
1
Quah J. S. T. Globalization and corruption control in Asian countries, p.458.
237
Table (1) Mongolia: Corruption Perception Index (CPI)
Source: Transparency International (TI), Corruption Perceptions Index and Ranking (CPI),
Scale for CPI is 0 to 10, high to low corruption.
Above the table shows before the anti corruption law was enacted in
2006, the CPI score for 2004 and 2005 was 3.0. It can be seen that in 2006,
the CPI was even lower than the previous years. But again in 2007 and 2008,
the CPI became 3.0. Country rank also declined from 85 in the year 2004 to
116 in 2010. Average score of CPI for seven years was 2.88 which mean that
the corruption situation was high in Mongolia.
Table (2) Mongolia: Worldwide Governance Indicator (WGI)
Source: World Bank, Worldwide Governance Indicator (WGI), Scale for WGI score
-2.5 to +2.5 is poor to good governance.
238
According to the table, Mongolia has controlled corruption in only
somewhat level. Government Effectiveness and Regulatory Quality Indicator
are inefficient and only a few changes in those 10 years. Average scores of
“WGIs” during the studying period was (-0.02) which revealed that the
“WGIs” scores are not really fine.
China
In China, Pattern-2 Anti-corruption law with many agencies (or) Other
laws and procedure is adopted. Starting from 2000, China has placed in a
more prominent position, the work of combating corruption and building a
clean government. In 2003, China acceded to the United Nations Convention
against Corruption. In order to fulfill its obligations, China established an
inter-department coordination group consisting of 24 government integration
of Chinese laws and the convention. In 2006, Anti-Money Laundering was
promulgated to prevent and contain money laundering and relevant crimes.
In 2007, NBCPC was established.
“The major functional bodies are the Party's organs for discipline
inspection, judicial organs of the state, supervisory and auditing organs of the
government, and the National Bureau of Corruption Prevention of China
(NBCPC).” 1
The Party's commissions: These commissions undertake the following
major tasks: Upholding the Constitution and other statutes of the Party;
inspecting the implementation of the lines, principles, policies and
resolutions of the Party.
judicial organs: The former exercise judicial power independently, while the
latter exercise procuratorial power independently, neither being subject to
interference by administrative organs, public organizations or individuals.
Supervisory organs: They supervise over law enforcement by and integrity
and efficiency of state administrative organs, their staff members and other
personnel appointed by these organs.
Auditing organs: They supervise through auditing in accordance with the law
the revenues and expenditures of all departments under the State Council and
1
Information Office of the State Council of the People’s Republic of China, China’s Effort
to Combat Corruption and Build Clean Government .December (2010).
239
of local governments at all levels, and those of the state financial and
monetary organizations and of state-owned enterprises and public institutions.
NBCPC: Its major responsibilities are to organize and coordinate the national
work of corruption prevention, make overall plans in this regard, formulate
relevant policies.
Public security organs: They undertake the work of combating corruption
and building a clean government within the scope of their duties and in
accordance with the law.
Table (3) China: Corruption Perceptions Index (CPI)
Source: Transparency International (TI), Corruption Perceptions Index and Ranking (CPI),
scale for CPI is 0 to 10, high to low corruption.
This table shows the average score of CPI for ten years was 3.42
which mean that the corruption situation was high in China. It can be seen
that the score of CPI is low and there were not many changes within the
period of 2000 to 2010.
240
Table (4) China: Worldwide Governance Indicator (WGI)
Source: World Bank, Worldwide Governance Indicator (WGI), Scale for
WGI score -2.5 to +2.5 is poor to good governance.
The above table provides the data indicates that China received lower
scores in all dimensions of governance. Among them the score on voice and
accountability is the worst one. In comparison with others, government
effectiveness received better score than others. In fact, there were not many
changes during the last 10 years. Average scores of “WGIs” during the
studying period was (-0.50) which revealed that the “Governance
Dimensions” scores are poor.
Singapore
The pattern-3 Anti-corruption law with an Independent agency (or)
Institutions for investigation, prosecution and control is adopted in Singapore.
The corruption Prevention and Investigation Bureau (CPIB) was established
in 1952. The Bureau is an independent body located within the Prime
Minister’s Office (PMO). “The main responsibility of the CPIB is the
enforcement of the POCA and is thus the main body responsible for
investigating and preventing acts of corruption. The three main functions of
the CPIB are:
• To receive and investigate complaints on corruption in the public
and private sectors;
• To investigate malpractices and misconduct by public officers; and
• To examine the practices and procedures in the public service
241
The CPIB’s organizational structure is divided into three branches,
namely:
1. The Investigation Branch, which is the largest branch, consisting of
four units – each of which is headed by a Senior Assistant Director
responsible for directing and supervising investigations.
2. The Data Management and Support Branch, which manages a
computer information system that enables the CPIB to formulate
corruption prevention strategies and to screen candidates for public
appointments, promotions, scholarships and training.
3. The Administration Branch, which provides secretarial support to the
other two branches and is responsible for the financial and personnel
administration of the CPIB.” 1
Approaches and Strategies to Investigation
“CPIB approach in investigation is a total approach which ensures we
have a good control over the situation and can contain corruption cases
as far as possible.
1. No case is too small to investigate. Corruption is not tolerated and all
cases will be investigated and dealt with seriously.
2. Cases regardless of rank and status. Even serving ministers have been
charged and chief executive officers of major companies have been
dealt with too.
3. It is prepared to deal with both givers and receivers of bribes who under
Singapore law, they are equally culpable.
4. There is no area where the law does not permit the CPIB to investigate.
The powers given to CPIB to investigate also apply equally to all
sectors.
5. CPIB don’t leave it to various government authorities to deal with the
problem. CPIB helps government departments review their systems to
remove or change those procedures which may be vulnerable to
corruption.
1
Institutional Arrangements to Combat Corruption, A Comparative Study, UNDP, p.79.
242
6. CPIB is prepared to investigate based on anonymous complaints.
However, CPIB need to be very careful and not to be “used” by
someone who is malicious and wants to cause harm to others.” 1
“The Attorney-General, appointed by the President on the advice of
the Prime Minister, is also the Public Prosecutor and, as such, is vested with
the power to institute, conduct or discontinue proceedings for any offence.
The Attorney-General is independent in this role and not subject to the
control of the government.
Offences under the POCA fall under the jurisdiction of the District
Courts, which try the cases and determine punishment following a
conviction.” 2
Table (5) Singapore: Corruption Perceptions Index (CPI)
Source: Transparency International (TI), Corruption Perceptions Index and
Ranking (CPI), scale for CPI is 0 to 10, high to low corruption.
Table (5) shows average score of CPI for ten years was (9.3) which
mean that the corruption situation was very low in Singapore. Singapore was
ranked as No. 6 out of 90 countries in year 2000; it is ranked as No. 1 out of
178 countries in 2010. It can be concluded that Singapore has improved their
corruption control gradually within the 10 years, and Singapore was stable in
CPI scores.
1
Koh Teck Hin. Investigation and Prosecution of Corruption Offences, Resource Material
Series No.83,p-132.
2
Institutional Arrangements to Combat Corruption, A Comparative Study, UNDP, p.80.
243
Table (6) Singapore: Worldwide Governance Indicator (WGI)
Source: World Bank, Worldwide Governance Indicator (WGI), Scale for WGI score
-2.5 to +2.5 is poor to good governance.
According to table (6), Singapore got lower scores in some dimensions
of governance, i.e. Voice and Accountability and Regulatory Quality. But
Singapore’s “Government Effectiveness” was rated as good. The aspect on
Rule of Law was also scored as close to well and control of corruption (2.27)
was very high. Average scores WGIs during the studying period was (1.11)
which revealed that the “WGIs” scores good.
RESULTS / FINDINGS
Mongolia
According to the data of WGI, “Government effectiveness” and
“Regulatory quality” were average scored as (-0.43) and (-0.27) respectively.
Average score for Control of corruption was (-0.49) which indicate the
weakness of corruption control. Average score for the period of 2000 to 2010
for all “WGIs” indicators was (-0.02) which means that Mongolia was not
able to create good governance. Again, with regards to CPI, the average
score for the period of 2004 to 2010 was rated as (2.88) which mean that
244
corruption control pattern is not effective. The strengths and weakness of this
control pattern are as follows:
Strengths
1. Specialization, expertise and even the necessary degree of autonomy can
be achieved by establishing dedicated units within existing law
enforcement agencies.
2. Since three departments have to share the task among them, single
department cannot make decision on their own which leads to control
bias.
Weakness
1. There is a need of a plaintiff who will complain the case in this system. It
means that without the complainant there can be no suit at all. As long as
satisfaction on both sides, corruption issues will not arise.
2. The Law of Anti-Corruption (LAC) has some weaknesses.
3. Limited authority to act at different departments.
China
According to the average WGIs score for the period of 2000 to 2010
was (-0.50) and it pointed out that China was far away from creating good
governance. Average score for Control of corruption (-0.52) and Voice and
accountability (-1.57) was the worst. In relation to CPI, China received an
average score of 3.42 which can be translated as the corruption situation in
China is high. The strengths and weakness of this control pattern are as
follows:
Strength
1. Encourage media to play important role in corruption control.
2. Outright punishment on corruption offenders.
Weakness
1. No independent investigators, prosecutors and adjudicators that can
ensure “equal” enforcement of laws and regulation.
2. Does not have effective complaints mechanisms and procedures for
appeals.
245
3. Collusion among CCP and judiciary lead ineffectiveness in fight
against corruption.
4. Lack of an effective mechanism of checks and balances makes it very
difficult to supervise senior officials.
5. No clear division of role among the agencies, i.e. who does what.
6. Diluted and poorly coordinated, and the agencies suffer from overlap
and duplication.
Singapore
The recent CPI released by the TI showed that Singapore acquired the
best score of 9.2 and ranked third among a total of 180 countries. The
ranking and score signifies that Singapore is a nation with basically no
corruption and hence, the people of Singapore are perceived to have high
value against corruption and integrity. As Singapore built the good
governance and enhanced government effectiveness, Average score for total
WGIs was good (1.11). Singapore can control the corruption and uphold the
CPI score (9.3) and the country rank was stable. The strengths and weakness
of this control pattern are as follows:
Strengths:
1. Sends a signal that the government takes anti-corruption efforts
seriously;
2. High degree of specialization and expertise can be achieved;
3. The institution is separated from the agencies and departments that it
will be responsible for investigating;
4. It can be afforded better security protection;
5. It has greater political, legal and public accountability, and public
credibility;
6. There is faster action against corruption.
Weakness:
1. Greater administrative costs;
2. Isolation, barriers and rivalries between the institution and those with
which it will need to cooperate, such as law enforcement officers,
prosecution officials, auditors and inspectors;
246
3.
Table (7) Comparison of Three Countries on Different
Corruption Measures
Source: CPI and WGI year 2000 to 2010 data.
By comparing the average scores of CPI from the period of 20002010, it can be seen that Singapore got the highest score (9.3) and Mongolia
got the lowest score (2.88). According to the three countries’ WGIs
Indicators from 2000-2010, Singapore received the highest score on average
WGIs (1.11) and Mongolia got the lowest score with (-0.02). Regarding the
control of corruption, it can be observed that Singapore got (2.27) score
which is the highest and it can be said that Singapore received the best scores
for all sectors compared to Mongolia and China.
DISCUSSIONS
There are no simple solutions to address the problem of corruption but
it is important to recognize the fundamental role that political will and
support for reforms at the highest levels of government can play in bringing
about practical results and in raising the credibility of, and public support for,
anti-corruption progress. Where anticorruption measures are adequate but
political will is weak, non-enforcement or selective enforcement of anticorruption laws undermines their effectiveness.
The current state of corruption in Mongolia demands clear and
decisive political will to minimize the growing risks of corruption
entrenchment, but it seems to be missing at the highest level of government.
China has been investigating and dealing with cases of corruption but
corruption offences are still serious. The main problem with China anti –
corruption control program is that there is no clear division of role among the
agencies.
In Singapore, the adoption of Pattern 3 will not automatically result in
the eradication of corruption in a country if the political leaders are not
247
committed to this task. If there is political will, anti-corruption agency can be
an asset and powerful weapon against corrupt politicians, civil servants and
business persons.
According to the study, it can be said that Pattern- 1 and Pattern-2 are
inefficient strategies fighting against corruption. The third pattern is the most
effective and more successful than other patterns in minimizing corruption.
From the study of different corruption patterns of three Asian countries,
recommendations are provided as follows:
Recommendation 1: Will and Commitment of the Political
Leadership is crucial
The politicians must be sincerely committed to the elimination of
corruption, must show exemplary conduct and should not be involved in
corrupt practices themselves.
Recommendation 2: Agenda – setting
Many governments have yet to recognize corruption as a serious
problem. Government needs to place it on their national agenda as a critical
issue.
Recommendation 3: Comprehensive strategy is more effective
The anti-corruption legislation must be comprehensive to prevent
loopholes and must be reviewed periodically in order to introduce
appropriate amendments whenever needed.
Recommendation 4: The Anti-Corruption Agency must itself be
incorruptible
If the members of the anti-corruption agency are corrupt themselves, it
will be ineffective in curbing corruption.
Recommendation 5: Reduce opportunities for corruption in
vulnerable institutions
It is necessary to reduce or minimize the opportunities for corruption,
especially in those government departments which are usually vulnerable to
corrupt activities, which include customs, immigration, internal revenue, tax
appraiser and police.
248
Recommendation 6: Reduce corruption by raising salaries
High salaries in the public sector can be considered as one of the main
contributing factors in reducing corruption. If there are no economic growth
and adequate financial resources, governments might not be able to raise
salaries.
Recommendation 7: Promoting the role of CSO
The role of CSO is one of the key roles in anti-corruption activity. The
primary task of the CSO is to help common people in their social, economic,
and political development in order to give them knowledge to protect their
rights and fight against injustice themselves.
Recommendation 8: Integrity and Moral education
Combating corruption should involve moral education. Trainings/
conferences and workshops for the relevant public officials, NGOs and mass
media representatives and private sector on how to use acts, international
norms national laws should be conducted.
Recommendation 9: Controlling corruption by means of religion
Religion can make people less corrupt and certainly should impact
upon their behaviour and attitudes. Faithful adherents to religion will refrain
from corruption because dishonesty, illegality, and mistreatment of others are
perceived as sin.
Recommendation 10: Limit value in Gift-giving
Gift-giving is the traditional and social practices in many countries.
For operating clearly on corruption control effectively there should be limit
in value and times for the Gift-giving by law.
Although “Good governance” plays an important role in fighting
against corruption, without effective anti-control pattern, the efforts for
elimination will not be efficiency. Thus, it is crucial for each country to have
Anti-corruption laws with an Independent agency suitable for respective
country context.
SUMMARY
The first pattern relies on the enactment of Anti-corruption laws
without a specific agency to enforce these laws. The second pattern combines
Anti-corruption legislation with multiple Anti-corruption agencies which are
249
organized in sectors. Pattern-3 is the combination of comprehensive Anticorruption legislation which is impartially implemented by independent Anticorruption agency. The weakness of pattern-1 is a need of a plaintiff who will
complain for corruption case. The main problem of pattern-2 is no clear
division of role among the agencies and the various agencies suffer from
overlap and duplication. Although pattern-3 has greater administrative costs
and some weakness, it is the most effective pattern than others. It is very
important to design an effective system so that even to most opportunist
people, corruption seems to be unprofitable and portends negative
consequences for them.
ACKNOWLEDGEMENT
I would like to take the opportunity to convey my great pleasure and heartfelt thanks
to Professor Dr. Daw Khin San Yee, Rector, Professor U Kyaw Min Htun, Pro-Rector
(Retd.) of Yangon Institute of Economics and Professor Daw Htay Htay Lwin, Programme
Director, Executive Master of Public Administration, Yangon Institute of Economics.
REFERENCES
Koh Teck Hin. Investigation and Prosecution of Corruption Offences, Resource
Material Series No.83, In: The 13th International Training Course
on the Criminal Justice Response To Corruption Visiting Experts’
paper.
Quah, J.S.T. (2001). Globalization and corruption control in Asian countries, Public
Management Review Journal Vol.4 page, 457-463.
Salvatore Schiavo-Campo and Pachampet Sundaram. (2000). To serve and To
preserve. Asia Development Bank.
UNDP
(United
Nations Development Programme). (2005). Institutional
Arrangements to Combat Corruption, A Comparative Study.
WEBSITES
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China's Efforts to Combat Corruption and Build a Clean Government
http://news.xinhuanet.com/english2010/china/2010-12/29/c_13669383.htm
[Accessed 8 November 2011]
•
Trenchancy International (2010), Corruption Perception Index (CPI) 2000-2010.
htpp://www.transparency.de/documents/cpi/index.htm [Accessed 30November 2011]
•
World Bank,(2000-2010). Worldwide Governance Indicator (WGI),
http://info.worldbank.org/governance/wgi/mc_chart.asp[Accessed
15November 2011]
A Study on Patient Safety Programs in Health Admistration
May Mon Zaw
Abstract
The medical field has changed greatly. As physiology, biochemistry and
genetics of human life has improved , the technical ability to treat disease
has grown and become complex. Modern clinicians rely on the support of
intricate health-care systems and errors can occur at each stage. There is a
constant threat of accidental harm, which occurred increase events of
accusations and suing all over the world. Because of that, a science of
“patient safety” has developed. Harm to patients is not inevitable and can be
avoided. To achieve this, clinicians and institutions must learn from past
errors, and learn how to prevent future errors but medical errors are
occurring because of decision error, process error, system error and
medication errors. To reduce errors and develop patient safety programs,
polices are developed. WHO had initiated in 2010 by publishing a
curriculum guide for start teaching “Patient safety” as a new subject to be
able to fulfill the good medical practice. Myanmar, though it is at beginning
stage, also adapted and practiced but still need to develop by policies.
Introduction
About a thousand years from the Hippocrates’ times, the patient was
treated with Paternalistic approach; the physician knows best, he decided and
he can even act without the patients’ knowledge of consent. The patients in
Middle Ages respect or obeyed or worshipped the physicians. They never
complained.
In this age of Information Technology, the patients become more
knowledgeable, especially in scientific knowledge, and they want to know
what they are going through, so they ask, they question because they consider
that they have the right to know. As a result of advance in technology,
complex issues in modern medicine and intervention by government, lawyers
EMPA 8th Batch, Department of Applied Economics, Yangon Institute of
Economics
252
and social critics who do not always realize the realities of medical and
hospital life, there is problems everywhere and patients got dissatisfied and
legal action upon the paternal physicians especially in developing countries
due to cultural concerns – spiritual or magical beliefs, competition from
quacks, traditional healers, faith healers etc; escalating costs; availability of
resources limitation in resources, government allocation for health funding;
truth telling – cancer, HIV – tradition, customs; vendor relationship – drug
companies; referral fees – economic context; futility.
Nobody wants to harm the patient but medical errors are occurring
every minute. This is because of decision error, process error, system error
and medication errors. It had not been taught about how to decide in difficult
situations, how to foresee the system weakness and mechanism of a system. In
other words, there is weakness at quality improvement technique or total
quality management (TQM) principles which are now very popular and used
to in other professionals like engineering. . Harm to patients is not inevitable
and can be avoided. To achieve this, clinicians and institutions must learn
from past errors (Root Cause Analysis, RCA), and learn how to prevent future
errors (Clinical Practice Improvement, CPI). It is needed to adapt the ways of
working to make safe health care a robust and achievable goal. Then, patient
safety has emerged as a distinct healthcare discipline supported by an
immature yet developing scientific framework. There is a significant transdisciplinary body of theoretical and research literature that informs the science
of patient safety. The resulting patient safety knowledge continually informs
improvement efforts such as: applying lessons learned from business and
industry, adopting innovative technologies, educating providers and
consumers, enhancing error reporting systems, and developing new economic
incentives. So, patient safety becomes one specialized subject and enlarging
still, receiving growing attention in many parts of the world.
Unlike the developed countries, in Myanmar there is weakness in the
both side, supply and demand side of the health care service. It means that the
health care knowledge of the people is low in Myanmar and it also lead to
adverse events in health care services.
Based on this background, the interest on how Patient Safety Programs
are implementing and how to adapt in Myanmar from other countries’
experiences are studied.
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Scope and Method of the Study
The method of the study is descriptive based on secondary data from
World Health Organization, Ministry of Health, Myanmar Academy of
Medical Science and sources from the patient safety researches of East
Yangon General Hospital and Yangon General Hospital, ward (1+2). It is also
qualitative study by interviewing the Professor in Heads, Convenor of patient
safety program in Myanmar.
Contents
Conceptual Frame on Patient Safety
Patient safety can be defined as incorporating the following points:
(i) Patient safety has to do primarily with the avoidance, prevention, and
amelioration of adverse outcomes or injuries stemming from the processes of
health care itself. It should address events that span the continuum from what
may be called “errors” and “deviations” to “accidents”
(ii) Safety emerges from the interaction of the components of the system. It is
more than the absence of adverse outcomes and it is more than avoidance of
identifiable “preventable” errors or occurrences. Safety does not reside only in
a person, device or department. Improving safety depends on learning how
safety emerges from the interactions of the components.
(iii) Patient safety is related to “quality of care”, but the two concepts are not
synonymous. Safety is an important subset of quality. To date, activities to
manage quality, such as quality assurance, continuous quality improvement,
total quality management, etc, have not focused sufficiently on patient safety
issues.
The current concepts of patient safety placed the prime responsibility
for most adverse events on deficiencies in system design, organization and
operation rather than on the negligence or poor performance of individual
providers or individual products. Counter-measures based on changes in
systems of care were, therefore, more productive as risk-reduction strategies
than those that only targeted individual practices or products.
In Administrative point of view, health care is a kind of giving services to
people. As this service deal with lives of people, it should has standardization
( e.g SOP in every wards), consistency (e.g reliable referral report), accuracy
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(e.g entrusted laboratory report), accountable (e.g full patient treatment
record) and predictable (e.g good communication between patients and health
care personals). In health economics, lack of information is one of the causes
of unsafe health care. It is necessary to give information from both demand
(patient) and supply (health care personals) sides. If the patient provide
reliable history and health care personals explain detail about the disease and
its care, it will lead to sound and safe health care. The health care has the aim
of patient-centre and all the parts of health care service should interact at the
patient-centeredness to get the genuine quality of services.
There are four main causes of medical error: Decision error, Process error,
Medication error and System error.
Decision error is concerned with wrong decision upon the treatment of
patients. It includes wrong diagnosis due to inexperience of disease or wrong
laboratory results and choice of inappropriate way to treat. It may be due to
weakness in competency, failure of changing guideline.
Process error is concerned with the loop-holes of the process in the health
care service. It may concern all the procedures done to the patients (diagnostic
investigations, treatment procedures).It may be due to the lack of competency,
hand slips.
Medication error is caused by the facts of wrong patient or wrong drug
or wrong dose. It may be due to the weakness of patients’ information record
system.
System error is concerned with failure of team work and communication,
equipment failure, and lack of quality assurance.
To reduce the errors, it is basically needed to incorporate total quality
management (TQM) technique in medical practice (which is totally new to
medical professions). TQM consist of CPI (Clinical Practice Improvement),
RCA ( Root Cause Analysis) and Clinical Audit. All the processes meet at the
term of clinical governance. It is the term used to describe a systematic
approach to maintaining and improving the quality of patient care within a
health system concerning the education and training, clinical audit, research
and development, risk management, openness and clinical effectiveness.
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Experience of Patient Safety Programs in Malaysia
󲐀 In Malaysia patient safety has been making as a National Agenda.
Patient Safety Council of Malaysia was approved by Malaysian Cabinet on
29th January 2003. The Council will have five functions, namely, to
•
Develop a national, electronic database system for reporting and
documenting medical errors in hospitals.
•
Promote an open and fair system for the confidential reporting of
incidents.
•
Analyze these incidents and learn how to avoid them in the future.
•
Devise strategies to improve safety and quality.
•
Publish reports on adverse incidents and patient safety.
The patient safety programs in Malaysia are on their ways and made
plans to get goals to achieve in 2011-2015.
1.
Implementing the Global Patient Safety Challenge No. 1 : “Clean
Care is Safer Care”
2.
Implementing the Global Patient Safety Challenge No. 2 : “Safe
Surgery Saves Lives”
3.
Implementing the Global Patient Safety Challenge No 3: Tackling
Antimicrobial Resistance
4.
National implementation of Clinical Governance
5.
National implementation of Patient Safety Incident Reporting and
Learning System
6.
National Support for Research for Patient Safety Program
7.
National implementation of Program to Eliminate Central Line Associated Bloodstream Infections (CLBSI)
8.
National implementation of Program to Eliminate Ventilator Associated Pneumonia (VAP)
9.
National implementation of Critical Test and Critical Values program
10.
Ensuring the safety of blood and blood product transfusion
11.
National movement to improve medication safety
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12.
Reducing the risk of patient harm resulting from falls
13.
Prevent and care for health care-associated pressure ulcers (decubitus
ulcers)
14.
Implement WHO’s Solutions for Patient Safety (also known as
“High 5s”)
15.
Improve the accuracy of patient identification
Experience of Patient safety Programs in United States
In 1999, ground-breaking patient safety report “To error is human”
published in USA. Committee on quality of heath care in America was
organized.
In 2000, the Chief Medical Officer chaired an expert group on learning
from adverse events in the health care services. This group set out its findings
in the internationally acclaimed report that set out ten key recommendations,
which were all accepted by the Government.
The National Patient Safety Agency was established in July 2001. The
core function of the organization is specifically to improve the safety of
patient care by promoting a culture of reporting and learning from adverse
events, and to manage the National Learning and Reporting System (NRLS)
to support this function.
In 2002, the World Health Assembly adopted a resolution in May 2002
recognizing the need to promote patient safety as a fundamental principle of
all health systems.
In 2004, seven steps to patient safety published by the National Patient
Safety Agency. Safety Alert Broadcast System (SABS) was established. This
was an electronic system set up to disseminate safety-related alerts to the
health services and to enable Trusts themselves as well as other key
organizations to be aware of actions taken by Trusts to implement each piece
of nationally endorsed safety guidance. It has been replaced by the Central
Alerting System. The World Health Organization’s World Alliance for Patient
Safety launched on 27 October 2004 in Washington. This followed on from
resolution in May 2002 recognizing the need to promote patient safety as a
fundamental principle of all health systems.
In 2005, patient safety became as one of two headline health themes with action culminating in the November 2005 Patient Safety Summit.
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National Audit Office report : Safer place for patients: learning to improve
patient safety published 3 November 2005, and Public Accounts Committee
hearing 16 January 2006.
The Patient Safety and Quality Improvement Act of 2005 (PSQIA)
established a system of patient safety organizations and a national patient
safety database to encourage reporting and broad discussion of adverse events,
near misses, and dangerous conditions.
In 2006, the department of health published Safety first: a report for
patients, clinicians and healthcare managers in December 2006. The report
makes 14 recommendations with the aim that every healthcare organization
places patient safety at the top of its agenda.
In 2007, the National Patient Safety Forum has been set up to
influence the development of the patient safety agenda and to facilitate its
delivery. The Forum brings together senior representatives of key
organizations to be the national conscience of patient safety. Trust, assurance
and safety: the regulation of health professionals, setting out a program of
reform to the regulation of health professionals, was published in February
2007.
In 2008, high quality care for all: Next Stage Review final report was
published on 30 June 2008. It states that continuously improving patient safety
should be at the top of the healthcare agenda for the 21st century.
In 2009, the Health Select Committee (HSC) published its report on
patient safety on 3 July 2009. The Government response was published on 13
October 2009.
In United States, it recommends the following characteristics of a
patient safety organization:
•
Be located in an entity that is credible and respected.
•
Be located in an entity that does not have public or private regulatory
responsibilities (i.e., it should not be a licensing, accrediting, or
compliance entity).
•
Have the ability to collect and analyze data.
•
Have mechanisms for communicating with a variety of health care
entities, facilities, providers, and plans.
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•
Be linked with initiatives for conducting interdisciplinary research and
demonstrations addressing health care quality improvement.
There are governmental organizations of Patient Safety: Agency for
Healthcare Research and Quality, food and Drug Administration, and
independent organizations of Patient Safety: American Society of
Medication Safety Officers, National Quality Forum, Joint Commission
on Accreditation of Healthcare Organizations, National Patient Safety
Foundation, Safe Care Campaign, etc.
Role of WHO in Patient Safety
In October 2004 WHO launched a patient safety program, aims to
coordinate, disseminate and accelerate improvements in patient safety
worldwide. . Based on existing information:
•
The risk of acquiring a health care-associated infection is estimated to
be 2 to 20 times higher in developing countries than in industrialized
ones. Neonatal infections among hospital born babies in developing
countries were found to be 3 to 20 times higher than those reported in
industrialized countries.
•
WHO estimates that people residing in South East Asia receive more
than 5 injections per year and 50% of the injections are ‘unsafe’.
Unsafe practices include reuse of syringes and needles in the absence
of sterilization, and poor collection and disposal of dirty injection
equipment which expose health care workers and the community to the
risk of needle-stick injuries.
•
Furthermore, WHO estimated that countries in South-East Asia
produce over 1,000 metric tons of health care waste including
injection-related waste every day which is not properly disposed of.
•
South-East Asia is a large producer of medical devices that are
exported all over the world. However, the devices sold in the domestic
market are often manufactured outside the regulatory framework and
may not meet international standards.
•
WHO estimates that developing countries account for around 77% of
all reported cases of counterfeit and substandard drugs in the world
and that over 50% of all medicines prescribed, dispensed or sold
globally are not justified.
259
WHO emphasized the programs of patient safety especially in south
east Asia with the Regional Committee. Recalling World Health Assembly
resolution relating to “Quality of care: Patient safety”, it is noted with concern
the high human and financial toll of adverse events in both developed and
developing nations. Conceding that the problem is likely to be even greater in
developing nations it is recognized that most of the harm to patients is due to
failures in the design, organization and operation of systems, acknowledging
that a large proportion of adverse events are therefore preventable. It is noted
with concern the potential problems in the Region because of the vicious cycle
of adverse events and malpractices, law suits and medical liability insurance,
the practice of defensive medicines and the rising costs of health care. Aware
that no single stakeholder has the expertise or delivery capabilities to
adequately tackle the full range of patient safety issues.
Situation in Myanmar
For the academic interest, there was a study at the East Yangon
Hospital, Yangon. Data collection was done by assigned house surgeons and
nurses. It covered 4 months period of inpatients in EYGH. Though it may not
give strong evidence, it can be studied the presence of errors that can be
happened in hospitals. It was recorded from March 2009 to June 2009. There
are 101 adverse events during 4 months and there are many causes of these
events. It was the 16% of total inpatients. Although the study was done in a
short period and covered just one hospital, it clearly highlights that it needs
the policies intervention for the safeness of patients.
A case study on hospital adverse events at ward (1+2), YGH: it is a
small survey to assess the prevalence and rate of adverse events at ward (1+2),
YGH from (11.7.09) to (10.9.10). It had the objectives as follows:
•
To assess the types of adverse events and their prevalence
•
To fit them into any of the four error groups : System, Process,
Medication, Decision
•
To assess the rate of adverse events of ward (1+2), YGH
The findings are: total admissions to ward (1+2) are 4878 patients and 83
patients (Female 42, Male 41) suffered hospital adverse events. Five patients
experienced more than one adverse event. Error Prevalence Rate of Ward
(1+2), YGH from 11-7-2009 to 10-9-2010 is 1.70%. The impacts of the
adverse events are shown in figure (4.10). There were 9 patients of prolonged
260
hospital stay, but others, 74 patients had no change of hospital stay though
they may have extra burden of medications. No one was dead due to adverse
events.
Patient Safety Organizations in Myanmar
The history of patient safety of Myanmar started in MAMS ( Myanmar
Academy of Medical Science). As guided by Ministry of Health on 14th July
2006, MAMS organized a meeting on “Awareness of Medical Ethics” at the
MMA Auditorium, on 15th September 2006, focusing action on frontline
doctors. From the presentations and discussions at the meeting, outputs that
include actions to take were drawn out. At the beginning of 2008, “Ethics
Core committee” was organized and under this as a branch, Patient safety is
sub-committee. MAMS Ethics Core committee and working Committee and
the Task Force Groups with three convenors were formed.
Patient Safety Programs in Myanmar
Under the guidance of Ministry of Health, there are many future plans
laid down; National patient safety goals, patient safety curriculum at medical
schools, etc. Though there are many steps to patient safety, many solutions,
the awareness program is the first move to start the patient safety wheel.
Findings and Discussions
Patient safety is a new healthcare discipline that emphasizes the
reporting, analysis, and prevention of medical error that often lead to adverse
healthcare events. The frequency and magnitude of avoidable adverse patient
events was not well known until the 1990s, when multiple countries reported
staggering numbers of patients harmed and killed by medical errors.
Recognizing that healthcare errors impact 1 in every 10 patients around the
world, the World Health Organization calls patient safety an endemic concern.
While studying the situation in Myanmar, there is presence of medial
errors of different types. In Myanmar, mandatory or voluntary reporting
system cannot be established yet, and so there may be under reporting or
undetected cases. To run the patient safety programs as in developed countries
like U.S, a good reporting system should be developed. However, with the
sporadic studies, it showed that policy intervention is needed for the safer
health care in health administration. Based on the analyzed data, there are
process errors happened more. It means that Clinical Practice Improvement,
skill training, communication skill to patient, communication in a team,
understanding limitation of a human should be improved. As for the process
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errors, the MOH and MAMS put much effort to cope with that. It includes
workshops and seminars on patient safety. Patient safety becomes a subjects
in curriculum in all Institutes of Medicine; the awareness of medical ethics
and frequent errors that most faced are put into the hearts of health care
professionals. In health economic point of view, there are weakness in both
supply and demand sides, i.e, the supply of health care services: health care
personals, equipments, hospital care and the demand: the patients. The
demand side also needs interventions of promoting health care knowledge.
In the study, there were medications errors too. To avoid the events of
the wrong patients, wrong dose, wrong drugs, there must be a systematic
patient’s information record system and detail reporting when the ward
transfer. In U.S, there is electronic record of a patient and can access about
him from anywhere of the hospital. In Myanmar, the hospital should have a
policy requiring that wrist bracelets be checked before every dose of
medicine, but because the dose is overdue, the nurse delivers the medicine
without confirming the patient's identity.
In Malaysia, it initiates
computerized drug order program and implement safety solutions for LookAlike Sound-Alike (LASA) medication names. In this fact, it is also needed to
promote the knowledge of the public, the demand side. Most people in
Myanmar go to pharmacy and take medicines by themselves. There are a lot
of negative effects and many adverse events because of this. Unregistered
drugs are there in the market, in both foreign and indigenous drugs. Also these
drugs can be expired or prohibited drugs. Without a doctor’s prescription,
people dare to take by themselves because of lack of knowledge. Though
there are National Drug law and traditional drug law, they should be enforced,
and there should be national propaganda about side effects of any drugs and
general care of common diseases to improve the health knowledge of the
public. Like in Malaysia, it should be implemented patient safety solutions
from the 9 inaugural WHO patient safety solutions:
•
Look-alike sound-alike medication names
•
Patient identification
•
Communication during patient hand-overs
•
Performance of correct procedure at correct body site
•
Control of concentrated electrolyte solutions
•
Assuring medication accuracy at transitions in care
262
•
Avoiding catheter and tubing misconnections
•
Single use of injection devices
•
Improved hand hygiene to prevent health care associated
infections
As for system errors, it includes many parts, from individual workload
of health care personal to the defect of infrastructures. To cope with the
system errors, there should be total Quality Management (TQM) in Health
Care. TQM consists of SOP (Standard Operating Procedure), CPI (Clinical
Practice Improvement), before the error episode and RCA (Root Cause
Analysis), after the error episode. In Myanmar, there are many SOPs in the
wards of hospitals. As a fact of WHO “Clean care is Safer care”, hand hygiene
is so important in handling with patients. It is needed to maintain proper
infection control but there are too many patients to care for and not enough
time to wash hands properly. Free flow of running water is not available at
clinics. So, like in Malaysia, (ABHR) Alcohol Based Hand Rub) can be used
in everywhere. “Understanding systems and the impact of complexity on
patient care” shows how patient care comprises multiple steps and multiple
relationships. Patients depend on health professionals treating them in the
right way; they depend on a system of health care. Medical doctors need to
know that good health care is a team effort and not just one person. (GP, lab,
specialist, pharmacy). The health care personals need to understand that
washing hands is not an optional extra but an important step in caring for the
patient. That is why now in Myanmar, hand hygiene becomes an important
issue and the government put much efforts in programs of Global Hand
Washing Day, October15.
Understanding how one’s actions, and each component of care, fit
together in a continuous process that has either good outcomes (the patient
gets better) or bad outcomes (the patient suffers an adverse event) is an
important patient safety lesson. When the health care personals understand
that the actions of one person on the team can undermine the patient’s
treatment goals, they quickly see their work in a different context—a patient
safety context. There are many seminars and workshops held by MMA and
MAMS, Continuous Medical Education Programs (CME) in every hospital in
both government and private.
While studying the patient safety programs and future goals in other
countries, these are based on benefit-based programs without considering the
263
costs. In the united state its expenditure on patient safety programs between
2006 and 2008 were associated with over $8.9 billion in excess costs. If so, it
is needed to raise health expenditure both in total and sector of the patient
safety programs. It should be upgraded the PSO (Patient Safety
Organizations) in Myanmar to the United State Criteria at least. Moreover, the
role of other organizations such as NGOs in patient safety in Myanmar is still
weakened as they give more attention to other communicable diseases as their
collaboration is needed and MOH alone cannot run up all programs. Nongovernment bodies like MMA, MAMS try most in Patient Safety programs
especially awareness programs and achieved many effects from their
endeavor. Non-medical people like retired director from Insurance, lawyers
for medico-legal pursuit , many voluntary informers will participates in PSO
of Myanmar in Future.
In order to improve the patient safety programs in Myanmar the
following policies are recommended.
•
enforce the government rules and regulations upon prescribed
drugs
•
promote the assess of the scope and nature of adverse events
and the factors that contributed to them
•
ensure a good counseling group for the patient and his families
•
strengthen the establishment of detection and reporting
systems of adverse events in both government and private
hospitals
•
strengthen the public awareness of health care knowledge of
common diseases
•
initiate the efforts of all health care organizations to report
critical results of tests and diagnostic procedures in a timely
manner
•
ensure capacity building in all aspects of patient safety through
training activities
•
enforce the participation and co-operation
organizations in patient safety programs
of
other
264
Conclusion
This study focused on the “Patient Safety Programs in Health
Administration”. Patient safety has to do primarily with the avoidance,
prevention, and amelioration of adverse outcomes or injuries stemming from
the processes of health care itself. It should address events that span the
continuum from what may be called “errors” and “deviations” to “accidents”.
Patient safety is an issue for all countries that deliver health services, whether
they are privately commissioned or funded by the government.
The patient safety programs, preventing mechanisms of medical errors
can save many things, time, money and workforce. It is needed to initiate with
force in Myanmar as a developing country, to get sound and safe health care.
As in National Health policy and National Patient Safety Goals, the health
care personnel should pay attention not only the disease of the patient but also
the safety of the patients.
Now, MOH pay much attention to safety programs and in congress it
has been discussing much about this. Patient safety is started to teach as a
subject in Institutes of Medicine in Myanmar now. The workshops and
seminar upon patient safety evaluated as the awareness of medical ethics and
patient safety among health care personals improved. WHO also continue its
focus on patient safety, and systems and procedures that improve safety.
Related works on quality to foster approaches that take account of the full
spectrum of interventions are needed: treatment protocols and clinical
management schedules; supportive supervision and performance assessment;
training and continuing education; procedures for registration, licensing and
inspection; and forum for dialogue and motivating providers.
Many of the features of patient safety do not involve financial
resources; rather, they involve commitment of individuals to practice safely.
Individual doctors and nurses can improve patient safety by engaging with
patients and their families, checking procedures, learning from errors and
communicating effectively with the health-care team. Such activities can also
save costs because they minimize the harm caused to patients. When errors
are reported and analyzed they can help identify the main contributing factors.
Understanding the factors that lead to errors is essential for thinking about
changes that will prevent errors from being made.
In addition, health care knowledge of the patients and their families
play an important supporting role in the treatment of the diseases with the
265
assurance of the safety. It needs to give much attention to improve this
through the medias. Nowadays, broadcasting from TV programs of Health
Talks, alarming by billboards and pamphlets, the consumer educations
programs are headed towards the good results.
As for conclusion, the programs in Myanmar are at the budding stage.
Nowadays, there are a lot more need to be further pursued to ensure the
safeness of patients in Myanmar. In the very near future Myanmar will
become a fully developed country and so, though high facilities and
technology are not still in hands, it should be prepared for the best. Then
“Health for All” can be made from safer health care.
Summary
There are significant numbers of patients are harmed due to their
health care, either resulting in permanent injury, increased length of stay in
hospitals or even death. The system of health care today is so complex that the
successful treatment and outcome for each patient depends on a range of
factors, not just the competence of an individual health care provider. The
health care has the aim of patient-centre and all the parts of health care service
should interact at the patient-centeredness to get the genuine quality of
services. The patient safety programs, preventing mechanisms of medical
errors can save many things, time, money and workforce. While studying the
experiences of other countries and the situation in Myanmar, there are a lot
more programs need to be further pursued to ensure the safeness of patients in
Myanmar.
Acknowledgements
First of all, I would like to express my thanks to Dr. Kan Zaw, former Rector and Dr.
Khin San Yee, the Rector of the Yangon Institute of Economics, for giving the opportunity to
accomplish the rewarding and challenging MPA course. I am grateful to Professor Daw Htay
Htay Lwin, Program Director of Master of Public Administration Program for providing the
excellent learning environment and her valuable guidance. I have remembered, with gratitude,
all my teachers for their enthusiasm, creative ideas, assistance and support as well.
I was deeply indebted to Teacher Daw Khin Khin Htwe, Associate Professor,
Department of Applied Economics, who gave me closed supervision, encouragement and
provided keen knowledge and constructive suggestions to finish my paper. Furthermore, I
want to extend special appreciation to Professor Chit Soe, ward (1+2), Yangon General
Hospital who provided literatures and innovative ideas. I also thank Dr. Tin Aye, President of
GP society, MMA for his valuable guidance.
266
A gratifying experience for me was studying with 8th Batch of EMPA
colleagues who help me to complete the course and this paper. So, last but not least, I am
really grateful to all my colleagues of EMPA 8th Batch.
References
Boon NA, et.al, 2006, Davidson’s principles and practice of medicine, 20th Edition, Churchill
Living Stone
Brennan TA, et al. (1991). "Incidence of adverse events and negligence in hospitalized
patients. Results of the Harvard Medical Practice Study I". New England
Journal of Medicine. 324 (6)
Chit Soe,, Medical Error Register Study, Ward (1+2), YGH
Chit Soe, Patient safety, Health Watch monthly Medical news journal, no.010- vol-02-13June,2009
Clinton HR, Obama B (2006). "Making patient safety the centerpiece of medical liability
reform". New England Journal of Medicine. 354 (21):
Coombes ID et al. Why do interns make prescribing errors? A qualitative study, Medical
Journal of Australia, 2008,188(2):
General Medical Council, 2006, Good Medical Practice,
Hoffmann, Barbara; Rohe, Julia (2010). "Patient Safety and Error Management—What
Causes Adverse Events and How Can They Be Prevented?". Deutsches
Ärzteblatt International 107 (6)
Irvine D, Irvine S, 1992, Making sense of audit, Redcliffe Medical Press, Oxford.
MAMS Meeting Record , 6th April 2010
Mattie, A.; Ben-Chitrit, R. (2007). "Patient safety legislation: a look at health policy
development". Policy, politics & nursing practice 8 (4):
Ministry of Health 2010,Health in Myanmar 2010
Ministry of Health 2011,Health in Myanmar 2011
National Quality Forum (2007). Serious Reportable Events in Healthcare 2006 Update: A
Consensus Report. Washington, D.C.: National Quality Forum.
Pacific Bridge Medical (PBM) Asian Medical e-Newsletter (Volume 4, Number 9, December
2004)
“Report of the technical discussion on promoting Patient safety at Health care
Instituituons”,43rd Meeting of the Consultative Committee for Program
Development and Management (CCPDM)
Starr P. 1982, The social transformation of American medicine. New York, NY: Basic Books
The Institute of Medicine (2006). "Preventing Medication Errors". The National Academies.
Woloshynowych, M; Vincent, C (July 2001). "Exploring the causes of adverse events in NHS
hospital practice". Journal of the Royal Society of Medicine 94 (7):
WHO, 2010, WHO Patient Safety curriculum guide for medical schools
Web sites reference:
http://en.wekipedia.org/wiki/patient-safety
•
www.gmc-uk.org/guidance
•
http://medicine.com.my
•
http://www.ahrq.gov
•
•
http://www.patientsafety.gov
http://www.who.int/patientsafety
•
THE EXTERNALITY OF
SOLID-WASTE-RECLYING SMALL BUSINESSES
Moe Moe Khine1, Than Thuzar2
Abstract
The focus of the study is examining the externality of solid-waste-recycling
small businesses. The externality is the unintended consequences of
business activities. It can be positive when the business activities produce
the welfare of the society or the physical environment. It can be negative
when the business activities produce harmful effects on the society and the
physical environment. The research work emphasizes on the positive
externality generated by the solid-waste-recycling small businesses. It is
measured as the external benefits produced by the business activity.
Solid-wastes-recycling businesses started with economic reasons, i.e.
exploiting the market needs generated from the lack of systematic solid
wastes management and the scarcity of raw materials for local industries. In
addition to the economic benefits, their activities also produce the external
benefits unintentionally. These external benefits are reducing the amount of
solid waste in the physical environment, accumulating resource recovery,
and creating utility for the society.
There are twenty solid-waste-recycling businesses involved in the research
work. These businesses are classified into solid waste trader, labor intensive
recycling business, and capital intensive recycling business. The research
was conducted in Mandalay from May to September 2012. It was found out
that capital intensive solid-waste-recycling business could produce greater
amount of external benefits than other business in the study in terms of solid
waste reduction, resource recovery, and utility of solid waste. The value
added rate of capital intensive recycling business was not significantly
greater than the other businesses in the study.
Key words: solid-waste-recycling, externality, external benefit, resource
recovery, utility
Introduction
Economists generally accept that when the incentive mechanism
cannot operate the market efficiently, the externalities exist and persist (Callan
and Thomas, 2004). However, the interest of the study might oppose this
acceptance since it based on a particular situation which generates the positive
1Professor,2Tutor, Department of Management Studies, Institute of
Economics
268
externalities because the businessmen under the study could find the attractive
incentives for establishing a business. In that manner, it should go back to the
Adam Smith's metaphor of the "invisible hand", the market outcome emerges
as through consumers and firms are guided to make decisions that enhance the
society's well-being 1.
Externalities are positive or negative impacts on society that occur as a
by-product of production and exchange (Hackett, 2006). Studies in externality
mostly focus on the negative externalities such as environmental pollution
caused by the business activities or distortion of private property rights. The
divergence of the study took place since it emphasized on identifying the
positive externality of certain business activities.
A positive externality can be defined as an unpaid-for benefit enjoyed
by others in society that is generated as a by-product of production and
exchange (Hackett, 2006). Positive externality is an external effect that
generates benefits to a third party (Callan and Thomas, 2004). Therefore, the
definition of positive externality utilized in the study agreed with the unpaid
benefits obtained by the members of the society that are by-products which
are unintended to be produced by a business. Positive externalities are also
known as external benefits (Hackett, 2006).
The business in the study which generates the positive externality is
the solid-waste-recycling business. Solid-wastes-recycling businesses are rather
small and unimpressive businesses. However, these businesses have an important
role in the waste stream. These businesses collect solid wastes from households and
businesses. Then, the wastes are processed, into raw materials or reuse materials for
many different businesses.
Since the solid wastes are collected at negligible price and sell out at higher
price, the profitability of such businesses is attractive. The focus of the study was not
the private benefit of the firm, however, the positive externality of these businesses.
Therefore, the purpose of the study was formulated as examining the external
benefits of the solid-waste-recycling businesses.
There are three external benefits concerned with the study. First, the solidwaste-recycling businesses can reduce the amount of solid wastes in the physical
environment. Consequently, the environmental pollution can be declined. Second,
these businesses recover the resource through recycling and reutilizing solid wastes
in the production process. Hence, these businesses can reduce the extraction of
natural resources from the physical environment. Third, these businesses transform
1
Smith (1937) p. 423 (originally published in 1776) referred from Callan and Thomas (2004)
269
the wastes into useful products and services. Thus, these businesses create form
utility out of solid wastes. For these reasons, the external benefits focused in the
study are relating to the reduction of solid waste from physical environment,
resource recovery, and the utility of solid waste.
Scope and Method of the Study
Scope of the Study
There are limitations of the study.
-
It emphasized on positive externalities of solid-waste-recycling
businesses. The positive externalities were measured as external
benefits produced by the business activities.
-
The external benefits analyzed in the study were the benefits relating
to the solid waste, such as, wastes reduction from the physical
environment, resource recovery, and resource utility. The other
external benefit, e.g. employment provided by the businesses, was not
considered in the study.
-
The negative externality, e.g. pollution, might exist during the solid
waste recycling process. However, it could not consider in the study
because of the measurement problem.
-
It did not examine the internal benefits of the businesses. Therefore, it
did not contribute the social benefits of the businesses in the study.
-
The solid waste management in public sector was not involved in the
study.
Study Unit
There are twenty solid-waste-recycling businesses involved in the
study. These businesses are categorized as solid waste traders, labor-intensive
solid-waste-recycling businesses, and capital-intensive solid-waste-recycling
businesses.
Solid waste traders are the traders who buy the solid waste, from
households and businesses, and resell as reuse materials to the various
businesses. Bottle traders are include in this kind of business. There are seven
bottle traders participated in the study.
The labor-intensive solid-waste-recycling businesses are the
businesses, which utilize tools and equipments, for transforming solid-wastes
270
into different kinds of products. These businesses produce plastic bags, small
paint-containers, bottle covers, and mosquito-repellent containers. There are
seven labor-intensive solid-waste-recycling businesses in the study. Five
businesses represent plastic bags recyclers and two represent recyclers of
used-tins.
The capital-intensive solid-waste-recycling businesses are the
businesses which invest in capital-intensive technologies for transforming
solid-wastes into different kinds of products. These businesses include iron
mills and paper mills 1. There are six capital-intensive solid-waste-recycling
businesses, three iron mills and three paper mills, in the study.
Area of the Study
From May to September 2012, the survey research was conducted in
Mandalay. The solid waste traders and labor-intensive solid-waste-recycling
businesses in the study are located in 22nd street, Mandalay. The capitalintensive solid-waste-recycling businesses in the study are located in
Industrial Zone I, Mandalay.
Method
The owners of the selected solid-waste-recycling businesses were
interviewed with structured questionnaire. The respondents participated in the
study were selected according to the convenience sampling. Therefore, the
findings of the research could not make inference for total population. The
research was just an exploratory research. It expected to pave the way for
further research, which will be technically more precise and will cover wider
area of the study.
Results and Findings
Solid-wastes-recycling businesses carry out the collecting, trading, and
processing different types of solid wastes; bottles, plastic bags, tins, paper,
iron, etc. For the purpose of research, the recycling businesses are classified
into three types; solid-waste trader, labor-intensive recycling business, and
capital-intensive recycling business.
An assumption was made for the research findings that the capitalintensive recycling business can recycle large volume of solid wastes than
1
The plastic mills are also capital-intensive solid-waste-recycling businesses. However, data
are not available for this study about these businesses.
271
other recycling businesses, thus, it can produce greater external benefits than
others. The external benefits of solid-waste-recycling businesses are presented
according to the amount of solid wastes reduced, resource recovery, and the
utility of solid wastes.
(a) The Amount of Solid Wastes Reduced
The amount of solid waste recycled is one of the external benefits to
the physical environment because it reduces the pollution of the environment.
Therefore, the amount of solid waste recycled by solid-waste-recycling
businesses was examined (see Figure 1).
2000
1800
amount (ton)
1600
1400
1200
1000
800
600
400
200
0
bottle
plastic
bag
tin
paper
iron
types of w astes
Figure (1) The Amount of Solid Wastes Reduced per Month
272
In every month, the solid-waste-recycling businesses in the study
reduce approximately (2300) tons of solid wastes. The majority of wastes are
iron wastes, the second largest waste is used bottles, and the third largest
waste is paper wastes (see Figure 2).
12% 2%
3%
8%
bottle
plastic bag
tin
paper
75%
iron
Figure (2) The Proportion of Different Solid Wastes Reduced per Month
(b) Resource Recovery
Solid wastes are collected from households and businesses. Since the
amount of solid wastes acquired from households is small and the household
are scattered, the recycling businesses depend on the solid waste collectors
and solid wastes traders to buy solid waste from the households. Solid waste
collectors buy wastes from households. They sell out to the small solid-wastetrading businesses. Then, the small solid-waste-trading businesses sell out to
the recycling businesses. The recycling businesses in the study receive the
largest amount of solid wastes through this channel (see Table 1).
Sometimes, solid waste collectors sell the wastes-collected directly to
the recycling businesses. Apart from plastic bags, the amount of wastes
directly bought from wastes collectors is small (see Table 1).
Businesses also sell out their wastes directly to the recycling
businesses because the volume of wastes from the businesses is large. The
amount of wastes directly sold from the businesses is small (see Table 1).
273
Table (1) Sources of Solid Wastes Collected per Month
Types of
Waste
Bottles
Plastic bags
Tins
Paper
Iron
Solid Waste Solid Waste Wastes from
Total
Trader
Collector
Business
Amt.
Amt.
Amt.
Amt.
%
%
%
%
(Tons)
(Tons)
(Tons)
(Tons)
267 98
4
1
3
1
274 100
29 56
23 44
52 100
40 56
6
9
25
35
71 100
95 53
85
47
180 100
1765 99
16
1
1781 100
Source: survey data (2012)
Solid-waste-recycling businesses utilize these wastes as raw materials
or reuse materials. Then, another external benefit, resource recovery, is
generated since the wastes become resources for further production process.
Used bottle traders cannot recycle the bottles because the technology
for recycling glass bottles is quite capital-intensive and not available for the
local industries. Therefore, bottle-traders in the study buy used bottles, sought
out the bottles, and sell out to the businesses. Most of the bottles are reutilized
in the production of beverages. Especially, large brewery firms collect its
bottles through this channel. These bottles are also reused in small
manufacturing firms, which produce food staffs and traditional medicines.
Plastic bags recycling-business and tins recycling-business are laborintensive recycling businesses. Plastic bags recycling-businesses buy used
plastic bags from waste collectors and businesses. Then, they stitch out the
bags, remove the bad parts, combine the different parts, and produce the
different sizes of bags. These bags are used for packing agricultural products,
cement, charcoal, rice, and other non-food items.
Tins-recycling businesses in the study also collect condensed milk tins.
By using cutting and pressing machines and equipments, they produce small
items, such as, small containers, bottle covers, and containers for mosquito
killer coin.
Iron mills and paper mills are capital-intensive recycling businesses.
Iron mills utilize iron wastes and produce iron sticks for constructions. Paper
274
mills recycle paper waste. Their products are used for printing business and
binding exercise books for students.
In order to examine the resource recovery of each type of recycling
business in the study, the values of materials utilized by these businesses are
presented in Figure (3).
600
value (kyats in million)
500
400
300
200
100
0
bottle
plastic
bag
tin
paper
iron
resources
The solid-waste-recycling businesses in the study transform wastes
into resources. If there is no such transformation, the resources required must
be extracted from the natural environment. The total value of resource
recovered by those businesses in every month is approximately (600) million
kyats.
2% 0%1% 7%
bottle
plastic bag
tin
paper
90%
iron
Figure (4) The Proportion of Resource Recovery by Each Type of
Business (per Month)
275
Figure (4) indicates the proportion of resource recovery by each type
of business. It can be seen that the largest portion of resources recovered are
iron wastes, which utilized by the iron mills. The second largest portion
resources recovered are paper wastes, which utilized by paper mills. It can be
concluded that the capital-intensive recycling businesses can utilize larger
amount of wastes in their production process, hence, these businesses recover
more resources than labor-intensive recycling businesses and solid waste
traders.
(c) The Utility of Solid Wastes
Since the recycling businesses process wastes into products, the wastes
are transformed to create form utility. The utility of solid wastes is examined
as the value of outputs transformed by recycling businesses (see Figure 5).
The total value of outputs produced by recycling businesses in the study per
month is approximately 670 million kyats.
700
value (kyats in million)
600
500
400
300
200
100
0
bottle
plastic
bag
tin
paper
iron
outputs of business
Figure (5) The Amount of Output Produced per Month
276
According to Figure (6), the iron mills, capital-intensive recycling business,
can produce the largest portion of outputs. The paper mills produce second
largest portion of outputs.
3%0% 0%
6%
bottle
plastic bag
tin
paper
iron
91%
Figure (6) The Proportion of Outputs from Each Types of
Businesses in the Study (per Month)
Based on the absolute values of outputs produced by the recycling
businesses, it was mentioned that the capital-intensive recycling business can
produce more outputs. Therefore, it can be concluded that these businesses
can create more utility for the society.
Table (2) Value Added Rates of the Businesses in the Study
Types of Business
Bottle
Plastic bags
Tin
Paper
Iron
Inputs
per Month
(Ks. Million)
13.59
1.76
0.95
20.99
450.00
Outputs
per Month
(Ks. Million)
19.79
2.63
2.28
39.48
607.50
Value Added
Rate
1.46
1.49
2.40
1.88
1.35
Table (2) indicates the value added rates of the businesses in the study.
Value added rate is calculated as the proportion of material input value to
outputs of the business. It is calculated for examining whether the capital-
277
intensive recycling business can add more value to the wastes than the other
types of businesses. It can be seen in Table (2), the value added rate of capitalintensive business, especially iron mills, is even slightly lower than other
recycling businesses. The value added rate of other capital-intensive recycling
business, paper mills is higher than bottle traders and plastic bag recycling
business. The value added rate of tin recycling business is the highest rate
among the business.
Conclusion
The purpose of the study was identifying the externalities of solid-wasterecycling small business. Therefore, it examined external benefits of those
businesses; amount of solid wastes reduced from physical environment, the
amount of resource recovery, and the utility of wastes produced by those
businesses.
It was found out that the capital-intensive recycling businesses can create
more external benefits, in terms of the amount of solid wastes reduction, the
amount of recovered resource, and the value of outputs. Especially, iron mill,
more capital-intensive business produce greater external benefits than other
business. However, comparing the value added rates of each type of business;
it was found out that the value added rate of iron mills is lower than other
businesses.
Acknowledgements
I would like to express my respectful thanks to Dr. San Lwin, Rector of Meiktila
Institute of Economics, and Professor Dr. Tin Tin Htwe, Head of the Department of
Management Studies for their permission to submit this paper. I owe a debt of gratitude to all
the participants who willingly contributed their knowledge and effort in the study.
References
Callan,
Scott J. and Janet M. Thomas, (2004), "Environmental Economics and
Management", 3rd ed., South-Western, a division of Thomson Learning,
USA.
Field,
Barry C., (1994), "Environmental Economics", McGraw-Hill Inc., USA.
Field,
Barry C., (2001), "Natural Resource Economics", McGraw-Hill Inc., USA.
Hackett,
Steven C., (2006), "Environmental and Natural Resources Economics",
M.E. Sharpe, Inc., New York, USA.

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