"Fiat Justitia Ruat Caelum"

President Barack Obama's inaugural address


………My fellow citizens:

I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors. I thank President Bush for his service to our nation, as well as the generosity and cooperation he has shown throughout this transition.
Forty-four Americans have now taken the presidential oath. The words have been spoken during rising tides of prosperity and the still waters of peace. Yet, every so often the oath is taken amidst gathering clouds and raging storms. At these moments, America has carried on not simply because of the skill or vision of those in high office, but because we the people have remained faithful to the ideals of our forebears, and true to our founding documents.
So it has been. So it must be with this generation of Americans.
That we are in the midst of crisis is now well understood. Our nation is at war, against a far-reaching network of violence and hatred. Our economy is badly weakened, a consequence of greed and irresponsibility on the part of some, but also our collective failure to make hard choices and prepare the nation for a new age. Homes have been lost; jobs shed; businesses shuttered. Our health care is too costly; our schools fail too many; and each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet.
These are the indicators of crisis, subject to data and statistics. Less measurable but no less profound is a sapping of confidence across our land — a nagging fear that America's decline is inevitable, and that the next generation must lower its sights.
Today I say to you that the challenges we face are real. They are serious and they are many. They will not be met easily or in a short span of time. But know this, America — they will be met.
On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord.
On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn out dogmas, that for far too long have strangled our politics.
We remain a young nation, but in the words of Scripture, the time has come to set aside childish things. The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation: the God-given promise that all are equal, all are free and all deserve a chance to pursue their full measure of happiness.
In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned. Our journey has never been one of shortcuts or settling for less. It has not been the path for the faint-hearted — for those who prefer leisure over work, or seek only the pleasures of riches and fame. Rather, it has been the risk-takers, the doers, the makers of things — some celebrated but more often men and women obscure in their labour, which have carried us up the long, rugged path towards prosperity and freedom.
For us, they packed up their few worldly possessions and travelled across oceans in search of a new life.
For us, they toiled in sweatshops and settled the West; endured the lash of the whip and ploughed the hard earth.
For us, they fought and died, in places like Concord and Gettysburg; Normandy and Khe Sanh.
Time and again these men and women struggled and sacrificed and worked till their hands were raw so that we might live a better life. They saw America as bigger than the sum of our individual ambitions, greater than all the differences of birth or wealth or faction.
This is the journey we continue today. We remain the most prosperous, powerful nation on Earth. Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week or last month or last year. Our capacity remains undiminished. But our time of standing pat, of protecting narrow interests and putting off unpleasant decisions — that time has surely passed. Starting today, we must pick ourselves up, dust ourselves off, and begin again the work of remaking America.
For everywhere we look, there is work to be done. The state of the economy calls for action, bold and swift, and we will act — not only to create new jobs, but to lay a new foundation for growth. We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together. We will restore science to its rightful place, and wield technology's wonders to raise health care's quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age. All this we can do. All this we will do.
Now, there are some who question the scale of our ambitions — who suggest that our system cannot tolerate too many big plans. Their memories are short. For they have forgotten what this country has already done; what free men and women can achieve when imagination is joined to common purpose, and necessity to courage.
What the cynics fail to understand is that the ground has shifted beneath them — that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works — whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. Those of us who manage the public's dollars will be held to account — to spend wisely, reform bad habits, and do our business in the light of day — because only then can we restore the vital trust between a people and their government.
Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control — and that a nation cannot prosper long when it favours only the prosperous. The success of our economy has always depended not just on the size of our gross domestic product, but on the reach of our prosperity; on our ability to extend opportunity to every willing heart — not out of charity, but because it is the surest route to our common good.
As for our common defence, we reject as false the choice between our safety and our ideals. Our founding fathers ... our found fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience's sake. And so to all the other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman, and child who seeks a future of peace and dignity, and that we are ready to lead once more.
Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.
We are the keepers of this legacy. Guided by these principles once more, we can meet those new threats that demand even greater effort — even greater cooperation and understanding between nations. We will begin to responsibly leave Iraq to its people, and forge a hard-earned peace in Afghanistan. With old friends and former foes, we will work tirelessly to lessen the nuclear threat, and roll back the spectre of a warming planet. We will not apologize for our way of life, nor will we waver in its defence, and for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that our spirit is stronger and cannot be broken; you cannot outlast us, and we will defeat you.
For we know that our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus — and non-believers. We are shaped by every language and culture, drawn from every end of this Earth; and because we have tasted the bitter swill of civil war and segregation, and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace.
To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West — know that your people will judge you on what you can build, not what you destroy. To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history; but that we will extend a hand if you are willing to unclench your fist.
To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds. And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to the suffering outside our borders; nor can we consume the world's resources without regard to effect, for the world has changed, and we must change with it.
As we consider the road that unfolds before us, we remember with humble gratitude those brave Americans who, at this very hour, patrol far-off deserts and distant mountains. They have something to tell us, just as the fallen heroes who lie in Arlington whisper through the ages. We honour them not only because they are guardians of our liberty, but because they embody the spirit of service; a willingness to find meaning in something greater than themselves. And yet, at this moment — a moment that will define a generation — it is precisely this spirit that must inhabit us all.
For as much as government can do and must do, it is ultimately the faith and determination of the American people upon which this nation relies. It is the kindness to take in a stranger when the levees break, the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours. It is the fire fighter's courage to storm a stairway filled with smoke, but also a parent's willingness to nurture a child, that finally decides our fate.
Our challenges may be new. The instruments with which we meet them may be new. But those values upon which our success depends — hard work and honesty, courage and fair play, tolerance and curiosity, loyalty and patriotism — these things are old. These things are true. They have been the quiet force of progress throughout our history. What is demanded then is a return to these truths. What is required of us now is a new era of responsibility — a recognition, on the part of every American, that we have duties to ourselves, our nation, and the world, duties that we do not grudgingly accept but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character, than giving our all to a difficult task.
This is the price and the promise of citizenship.
This is the source of our confidence — the knowledge that God calls on us to shape an uncertain destiny.
This is the meaning of our liberty and our creed — why men and women and children of every race and every faith can join in celebration across this magnificent Mall, and why a man whose father less than sixty years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath.
So let us mark this day with remembrance, of who we are and how far we have travelled. In the year of America's birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people:
"Let it be told to the future world ... that in the depth of winter, when nothing but hope and virtue could survive...that the city and the country, alarmed at one common danger, came forth to meet (it)."
America, in the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come. Let it be said by our children's children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God's grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations.

Thank you. God bless you. And God bless the United States of America.

Obama's Victory Speech in Chicago


Obama's Victory Speech in Chicago

If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer.
 It's the answer told by lines that stretched around schools and churches in numbers this nation has never seen, by people who waited three hours and four hours, many for the first time in their lives, because they believed that this time must be different, that their voices could be that difference.
It's the answer spoken by young and old, rich and poor, Democrat and Republican, black, white, Hispanic, Asian, Native American, gay, straight, disabled and not disabled. Americans who sent a message to the world that we have never been just a collection of individuals or a collection of red states and blue states.
We are, and always will be, the United States of America.
It's the answer that led those who've been told for so long by so many to be cynical and fearful and doubtful about what we can achieve to put their hands on the arc of history and bend it once more toward the hope of a better day.
It's been a long time coming, but tonight, because of what we did on this date in this election at this defining moment change has come to America.
A little bit earlier this evening, I received an extraordinarily gracious call from Senator McCain.
Senator McCain fought long and hard in this campaign. And he's fought even longer and harder for the country that he loves. He has endured sacrifices for America that most of us cannot begin to imagine. We are better off for the service rendered by this brave and selfless leader.
I congratulate him; I congratulate Governor Palin for all that they've achieved. And I look forward to working with them to renew this nation's promise in the months ahead.
I want to thank my partner in this journey, a man who campaigned from his heart, and spoke for the men and women he grew up with on the streets of Scranton ... and rode with on the train home to Delaware, the vice president-elect of the United States, Joe Biden.
And I would not be standing here tonight without the unyielding support of my best friend for the last 16 years ... the rock of our family, the love of my life, the nation's next first lady ... Michelle Obama.
Sasha and Malia ... I love you both more than you can imagine. And you have earned the new puppy that's coming with us ...to the new White House.
And while she's no longer with us, I know my grandmother's watching, along with the family that made me who I am. I miss them tonight. I know that my debt to them is beyond measure.
To my sister Maya, my sister Alma, all my other brothers and sisters, thank you so much for all the support that you've given me. I am grateful to them.
And to my campaign manager, David Plouffe ... the unsung hero of this campaign, who built the best — the best political campaign, I think, in the history of the United States of America.
To my chief strategist David Axelrod ... who's been a partner with me every step of the way.
To the best campaign team ever assembled in the history of politics ... you made this happen, and I am forever grateful for what you've sacrificed to get it done.
But above all, I will never forget who this victory truly belongs to. It belongs to you. It belongs to you.
I was never the likeliest candidate for this office. We didn't start with much money or many endorsements. Our campaign was not hatched in the halls of Washington. It began in the backyards of Des Moines and the living rooms of Concord and the front porches of Charleston. It was built by working men and women who dug into what little savings they had to give $5 and $10 and $20 to the cause.
It grew strength from the young people who rejected the myth of their generation's apathy ... who left their homes and their families for jobs that offered little pay and less sleep.
It drew strength from the not-so-young people who braved the bitter cold and scorching heat to knock on doors of perfect strangers, and from the millions of Americans who volunteered and organized and proved that more than two centuries later a government of the people, by the people, and for the people has not perished from the Earth.
This is your victory.
And I know you didn't do this just to win an election. And I know you didn't do it for me.
You did it because you understand the enormity of the task that lies ahead. For even as we celebrate tonight, we know the challenges that tomorrow will bring are the greatest of our lifetime — two wars, a planet in peril, the worst financial crisis in a century.
Even as we stand here tonight, we know there are brave Americans waking up in the deserts of Iraq and the mountains of Afghanistan to risk their lives for us.
There are mothers and fathers who will lie awake after the children fall asleep and wonder how they'll make the mortgage or pay their doctors' bills or save enough for their child's college education.
There's new energy to harness, new jobs to be created, new schools to build, and threats to meet, alliances to repair.
The road ahead will be long. Our climb will be steep. We may not get there in one year or even in one term. But, America, I have never been more hopeful than I am tonight that we will get there.
I promise you, we as a people will get there.
AUDIENCE: Yes we can! Yes we can! Yes we can!
OBAMA: There will be setbacks and false starts. There are many who won't agree with every decision or policy I make as president. And we know the government can't solve every problem.
But I will always be honest with you about the challenges we face. I will listen to you, especially when we disagree. And, above all, I will ask you to join in the work of remaking this nation, the only way it's been done in America for 221 years — block by block, brick by brick, calloused hand by calloused hand.
What began 21 months ago in the depths of winter cannot end on this autumn night.
This victory alone is not the change we seek. It is only the chance for us to make that change. And that cannot happen if we go back to the way things were.
It can't happen without you, without a new spirit of service, a new spirit of sacrifice.
So let us summon a new spirit of patriotism, of responsibility, where each of us resolves to pitch in and work harder and look after not only ourselves but each other.
Let us remember that, if this financial crisis taught us anything, it's that we cannot have a thriving Wall Street while Main Street suffers.
In this country, we rise or fall as one nation, as one people. Let's resist the temptation to fall back on the same partisanship and pettiness and immaturity that has poisoned our politics for so long.
Let's remember that it was a man from this state who first carried the banner of the Republican Party to the White House, a party founded on the values of self-reliance and individual liberty and national unity.
Those are values that we all share. And while the Democratic Party has won a great victory tonight, we do so with a measure of humility and determination to heal the divides that have held back our progress.
As Lincoln said to a nation far more divided than ours, we are not enemies but friends. Though passion may have strained, it must not break our bonds of affection.
And to those Americans whose support I have yet to earn, I may not have won your vote tonight, but I hear your voices. I need your help. And I will be your president, too.
And to all those watching tonight from beyond our shores, from parliaments and palaces, to those who are huddled around radios in the forgotten corners of the world, our stories are singular, but our destiny is shared, and a new dawn of American leadership is at hand.
To those — to those who would tear the world down: We will defeat you. To those who seek peace and security: We support you. And to all those who have wondered if America's beacon still burns as bright: Tonight we proved once more that the true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals: democracy, liberty, opportunity and unyielding hope.
That's the true genius of America: that America can change. Our union can be perfected. What we've already achieved gives us hope for what we can and must achieve tomorrow.
This election had many firsts and many stories that will be told for generations. But one that's on my mind tonight's about a woman who cast her ballot in Atlanta. She's a lot like the millions of others who stood in line to make their voice heard in this election except for one thing: Ann Nixon Cooper is 106 years old.
She was born just a generation past slavery; a time when there were no cars on the road or planes in the sky; when someone like her couldn't vote for two reasons — because she was a woman and because of the color of her skin.
And tonight, I think about all that she's seen throughout her century in America — the heartache and the hope; the struggle and the progress; the times we were told that we can't, and the people who pressed on with that American creed: Yes we can.
At a time when women's voices were silenced and their hopes dismissed, she lived to see them stand up and speak out and reach for the ballot. Yes we can.
When there was despair in the dust bowl and depression across the land, she saw a nation conquer fear itself with a New Deal, new jobs, a new sense of common purpose. Yes we can.
AUDIENCE: Yes we can.
OBAMA: When the bombs fell on our harbor and tyranny threatened the world, she was there to witness a generation rise to greatness and a democracy was saved. Yes we can.
AUDIENCE: Yes we can.
OBAMA: She was there for the buses in Montgomery, the hoses in Birmingham, a bridge in Selma, and a preacher from Atlanta who told a people that We Shall Overcome. Yes we can.
AUDIENCE: Yes we can.
OBAMA: A man touched down on the moon, a wall came down in Berlin, a world was connected by our own science and imagination.
And this year, in this election, she touched her finger to a screen, and cast her vote, because after 106 years in America, through the best of times and the darkest of hours, she knows how America can change.
Yes we can.
AUDIENCE: Yes we can.
OBAMA: America, we have come so far. We have seen so much. But there is so much more to do. So tonight, let us ask ourselves — if our children should live to see the next century; if my daughters should be so lucky to live as long as Ann Nixon Cooper, what change will they see? What progress will we have made?
This is our chance to answer that call. This is our moment.
This is our time, to put our people back to work and open doors of opportunity for our kids; to restore prosperity and promote the cause of peace; to reclaim the American dream and reaffirm that fundamental truth, that, out of many, we are one; that while we breathe, we hope. And where we are met with cynicism and doubts and those who tell us that we can't, we will respond with that timeless creed that sums up the spirit of a people: Yes, we can.
Thank you. God bless you. And may God bless the United States of America.

McCain's Concession Speech


 My friends, we have — we have come to the end of a long journey. The American people have spoken, and they have spoken clearly.
A little while ago, I had the honor of calling Senator Barack Obama to congratulate him.
(BOOING)

Please.
To congratulate him on being elected the next president of the country that we both love.
In a contest as long and difficult as this campaign has been, his success alone commands my respect for his ability and perseverance. But that he managed to do so by inspiring the hopes of so many millions of Americans who had once wrongly believed that they had little at stake or little influence in the election of an American president is something I deeply admire and commend him for achieving.
This is an historic election, and I recognize the special significance it has for African-Americans and for the special pride that must be theirs tonight.
I've always believed that America offers opportunities to all who have the industry and will to seize it. Senator Obama believes that, too.

But we both recognize that, though we have come a long way from the old injustices that once stained our nation's reputation and denied some Americans the full blessings of American citizenship, the memory of them still had the power to wound.
A century ago, President Theodore Roosevelt's invitation of Booker T. Washington to dine at the White House was taken as an outrage in many quarters.
America today is a world away from the cruel and frightful bigotry of that time. There is no better evidence of this than the election of an African-American to the presidency of the United States.

Let there be no reason now ... Let there be no reason now for any American to fail to cherish their citizenship in this, the greatest nation on Earth.
Senator Obama has achieved a great thing for himself and for his country. I applaud him for it, and offer him my sincere sympathy that his beloved grandmother did not live to see this day. Though our faith assures us she is at rest in the presence of her creator and so very proud of the good man she helped raise.
Senator Obama and I have had and argued our differences, and he has prevailed. No doubt many of those differences remain.
These are difficult times for our country. And I pledge to him tonight to do all in my power to help him lead us through the many challenges we face.

I urge all Americans ... I urge all Americans who supported me to join me in not just congratulating him, but offering our next president our good will and earnest effort to find ways to come together to find the necessary compromises to bridge our differences and help restore our prosperity, defend our security in a dangerous world, and leave our children and grandchildren a stronger, better country than we inherited.

Whatever our differences, we are fellow Americans. And please believe me when I say no association has ever meant more to me than that.
It is natural. It's natural, tonight, to feel some disappointment. But tomorrow, we must move beyond it and work together to get our country moving again.
We fought — we fought as hard as we could. And though we feel short, the failure is mine, not yours.
AUDIENCE: No!
MCCAIN: I am so...
AUDIENCE: (CHANTING)
MCCAIN: I am so deeply grateful to all of you for the great honor of your support and for all you have done for me. I wish the outcome had been different, my friends.
AUDIENCE MEMBER: We do, too (OFF-MIKE)
MCCAIN: The road was a difficult one from the outset, but your support and friendship never wavered. I cannot adequately express how deeply indebted I am to you.

I'm especially grateful to my wife, Cindy, my children, my dear mother ... my dear mother and all my family, and to the many old and dear friends who have stood by my side through the many ups and downs of this long campaign.
I have always been a fortunate man, and never more so for the love and encouragement you have given me.
You know, campaigns are often harder on a candidate's family than on the candidate, and that's been true in this campaign.
All I can offer in compensation is my love and gratitude and the promise of more peaceful years ahead.

I am also — I am also, of course, very thankful to Governor Sarah Palin, one of the best campaigners I've ever seen ... one of the best campaigners I have ever seen, and an impressive new voice in our party for reform and the principles that have always been our greatest strength ... her husband Todd and their five beautiful children ... for their tireless dedication to our cause, and the courage and grace they showed in the rough and tumble of a presidential campaign.

We can all look forward with great interest to her future service to Alaska, the Republican Party and our country.
To all my campaign comrades, from Rick Davis and Steve Schmidt and Mark Salter, to every last volunteer who fought so hard and valiantly, month after month, in what at times seemed to be the most challenged campaign in modern times, thank you so much. A lost election will never mean more to me than the privilege of your faith and friendship.
I don't know — I don't know what more we could have done to try to win this election. I'll leave that to others to determine. Every candidate makes mistakes, and I'm sure I made my share of them. But I won't spend a moment of the future regretting what might have been.

This campaign was and will remain the great honor of my life, and my heart is filled with nothing but gratitude for the experience and to the American people for giving me a fair hearing before deciding that Senator Obama and my old friend Senator Joe Biden should have the honor of leading us for the next four years.
(BOOING)
Please. Please.
I would not — I would not be an American worthy of the name should I regret a fate that has allowed me the extraordinary privilege of serving this country for a half a century.
Today, I was a candidate for the highest office in the country I love so much. And tonight, I remain her servant. That is blessing enough for anyone, and I thank the people of Arizona for it.
AUDIENCE: USA. USA. USA. USA.
MCCAIN: Tonight — tonight, more than any night, I hold in my heart nothing but love for this country and for all its citizens, whether they supported me or Senator Obama — whether they supported me or Senator Obama.

I wish Godspeed to the man who was my former opponent and will be my president. And I call on all Americans, as I have often in this campaign, to not despair of our present difficulties, but to believe, always, in the promise and greatness of America, because nothing is inevitable here.
Americans never quit. We never surrender.
We never hide from history. We make history.
Thank you, and God bless you, and God bless America. Thank you all very much...

MARTIN LUTHER KING, "I HAVE A DREAM SPEECH"


Martin Luther King, Jr.
"I Have a Dream"
(Delivered 28 August, 1963 at the Lincoln Memorial, Washington D.C)
I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.
Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.

But one hundred years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languished in the corners of American society and finds himself an exile in his own land. And so we've come here today to dramatize a shameful condition.

In a sense we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the "unalienable Rights" of "Life, Liberty and the pursuit of Happiness." It is obvious today that America has defaulted on this promissory note, insofar as her citizens of colour are concerned. Instead of honouring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked "insufficient funds."
But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so, we've come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice.
We have also come to this hallowed spot to remind America of the fierce urgency of Now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quick sands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.

It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. And those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. And there will be neither rest nor tranquillity in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.
But there is something that I must say to my people, who stand on the warm threshold which leads into the palace of justice: In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force.

The marvellous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. And they have come to realize that their freedom is inextricably bound to our freedom.

We cannot walk alone.
And as we walk, we must make the pledge that we shall always march ahead.
We cannot turn back.

There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as our children are stripped of their self-hood and robbed of their dignity by a sign stating: "For Whites only." We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until "justice rolls down like waters, and righteousness like a mighty stream."

I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. And some of you have come from areas where your quest -- quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed.

Let us not wallow in the valley of despair, I say to you today, my friends.
And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."
I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character.
I have a dream today!
I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of "interposition" and "nullification" -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.
I have a dream today!
I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; "and the glory of the Lord shall be revealed and all flesh shall see it together."

This is our hope, and this is the faith that I go back to the South with.
With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
And this will be the day -- this will be the day when all of God's children will be able to sing with new meaning:
My country 'tis of thee, sweet land of liberty, of thee I sing.
Land where my fathers died, land of the Pilgrim's pride,
From every mountainside, let freedom ring!
And if America is to be a great nation, this must become true.
And so let freedom ring from the prodigious hilltops of New Hampshire.
Let freedom ring from the mighty mountains of New York.
Let freedom ring from the heightening Alleghenies of Pennsylvania.
Let freedom ring from the snow-capped Rockies of Colorado.
Let freedom ring from the curvaceous slopes of California.
But not only that:
Let freedom ring from Stone Mountain of Georgia.
Let freedom ring from Lookout Mountain of Tennessee.
Let freedom ring from every hill and molehill of Mississippi.
From every mountainside, let freedom ring.

And when this happens, when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual:
                Free at last! Free at last!
                Thank God Almighty, we are free at last!

LABOUR LAW IN TANZANIA

By Jaba Shadrack, UDSM – School of Law, 2009


What were the problems in the law leading to the enactment of the “Employment and Labour Relations Act” (ELRA) of Tanzania 2004? Are there still deficiencies in the law as it stands now? How does this enactment compare with a similar enactment in any Eastern or Southern African country?

Outline

(1) Problems in the previous labour law regime.

(2) Deficiencies in the current labour law regime.

(3) Similarities between Tanzania, and Kenyan labour law regimes.

Projected answers

PROBLEMS IN THE PREVIOUS LABOUR REGIME

(a) Allowed summary dismissal- S. 42 of the Employment Act.

(b) Jurisdiction to determine legal matters were vested in quasi-judicial bodies like labour officer/commissioner, minister for labour affairs, and the industrial court. (Refer, the Industrial Court Act). Also, S.28 (4) of the Industrial Court, made the award (decisions) of the Industrial court final and conclusive i.e not appealable or reviewable in the courts of law. Unlike the current regime where further determination of labour suits from quasi-judicial bodies goes to the High court (Labour Division) deals with labour matters.

(c) The Acts were silent as to the issues such as Picketing during strike, use of the replacement labour in lawful strike or lockout by employer, locking the employer in the premises. [The ELRA, 2004 in S.76 (3) prohibit the aforesaid conduct during lawful strike or lockout].

DEFICIENCIES IN THE CURRENT LABOUR REGIME (i.e (ELRA, 2004)

(i) The new law provides no grounds for employees to embark on a conflict of rights.

(ii) Gives workers the right to strike on disputes of interests on the one hand, and indirectly denies it on the other. For example, Section 75 of the Act gives employees the right to strike but the right should be in line with limitations stated thereto. This is due to the facts that, Workers strike for a variety of reasons, but the mostly for economic reasons such as poor remuneration, poor working tools, an unfavourable working environment, lack of motivation and dissatisfaction. Section 80 stipulates that before engaging in a strike, workers should ensure that the dispute is of interest and that the dispute has gone through mediation and remains unresolved after mediation. The law also calls for a trade union to approve the strike through a ballot conducted under union constitutions. The prevailing legal discrepancy is costly to the employees especially when engaging in disputes, because failure to meet the conditions necessary to the strike might be taken to mean violation of laws, therefore civil or criminal proceeding might be taken against them. Generally, the ELRA allows the right to strike on the one hand, and indirectly takes away the right by imposing strict conditions, which workers must follow before they strike.

(iii) The Act does not define a contract of service and a contract for service. [The Labour Institutions Act, 2004 under Section 61 provide for a presumptions as to who may be deemed as an employee].

(iv) The ELRA is silent as to what happens to the employees' rights where the employer is insolvent.

SIMILARITIES BETWEEN TANZANIA, AND KENYAN LABOUR LAW REGIMES

Similarities

(a) Both prohibit against child labour, forced labour, discrimination in employment, and sexual harassments. [Refer, ELRA (TZ) SS. 5-8, while in the Employment Act 2007, SS. 4-6 and, 52-65].

(b) Both regime bars summary dismissal, and unfair termination [ELRA, 35-41, while Kenya (Employment Act) SS. 35, 44 and 45].

(c) Both provide for the basic statutory rights and duties in employment, such as minimum conditions of employment, hours of work, annual leave, maternity leave, sick leave, housing, water, food, medical attention, remuneration and etc. [ELRA, SS. 19-34, while Kenyan E.A, SS. 16-34].

(d) Kenyan E.A impliedly in SS. 11-14 allows Collective bargaining/agreement through trade unions, likewise the ELRA in SS. 66-74.

Differences
(1) The ELRA provide expressly the right to strike and lockout unlike the Kenyan E.A.

(2) In Kenya, the E.A under SS. 71, 87(1)(2) confers to the legal officer and the industrial Court to determine complaints unlike the TZ's ELRA.

(3) In Kenyan, EA under S. 87, dispute settlement procedure is that the aggrieved party may complain to the labour officer or seek adjudication in the industrial court. While in TZ, under SS. 86-95 of the ELRA, the dispute resolution methods are conciliation, mediation, arbitration, and adjudication in the labour court.

(4) The ELRA is silent as to what happens where the employer is insolvent, while the Kenyan, EA under 66-73 provide for the same.

...........................................................................................

What are the sources of law generally and specifically in business and company law in Tanzania. What is the role of customary, Muslim, Indian, other Foreign and Local Laws?

Outline

(i) Sources of law generally.

(ii) Sources of law specifically in Business and Company law in Tanzania.

(iii) The role of customary, Muslim, Indian & other foreign & local laws.

Projected answers

SOURCES OF LAW GENERALLY IN TANZANIA

(a) The constitution

(b) Principle legislation (statutes)

(c) Judicial decisions (case laws)

(d) International conventions (treaties), jus cogens

(e) Bi-lateral and Regional Agreements

(d) Customary laws, e.g. Trade usages (merchant rules),  tribal and clan rules (customs)

(f) Religious Laws, e.g. Islamic, Canon and etc

(g) by-laws (subsidiary legislations), and etc.

Note

The JALA (Judicature and Application of Laws Act) CHAP. 358 (RE: 2002) generally provides for laws that applies in Tanzania. For example S. 2(3) of JALA allows courts to apply; written laws that are in force in Tanzania, Common laws, doctrines of equity, and Statutes of general application. Further, S. 9 allows certain Acts made by the Parliament UK to apply in Tanzania as enumerated in the 1st Schedule to JALA. The Act also under S. 11 guarantees the application of customary law. Finally, the Act in S. 14 provides for applied Indians Acts, more specifically in the 2nd Schedule to JALA. On the other hand, the Tanzania Constitution impliedly under Article 63(3)(e) allows ratified and domesticated international treaties by The Union Parliament to apply in Tanzania.

Refer also:  the Magistrates' Courts Act, No.12 of 1984, [RE: 2002]

 SOURCES OF LAW SPECIFICALLY IN BUSINESS AND COMPANY LAW IN TANZANIA

(i) The Law of Contract Act, CHAP. 345 (RE: 2002)

(ii) The Company Act, of 2002

(iii) Agreements or contracts between the parties concerned

(iv) Customary Laws

(v) The Constitution of United Republic of Tanzania, of 1977

(vi) The Fair Competition Act, CHAP. 285 (RE: 2002)

(vii) The Sales of Goods Act, CHAP. 214 (RE: 2002)

(viii) Financial Institutions Act,

(ix) Insurance Act,

(x) The Income Tax Act, of 2004, and etc.

THE ROLE OF CUSTOMARY, MUSLIM (ISLAMIC), INDIAN, OTHER FOREIGN AND LOCAL LAWS

(a) To govern personal matters by using personal laws of the people, e.g. customary law, and Islamic laws.

(b) Foreign laws are specifically used in case where there is a lacuna (gap) in our laws, or just to elucidate some point especially where such foreign law is in parimateria (similar) to/with ours.

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