Sunday, January 26, 2020

What is globalisation?

What is globalisation? Introduction The emergence of globalisation in the nineteenth century has brought about a change in the world. It has resulted in the elimination and diminution of barriers between countries, in order to aid the flow of goods, services, capital and labour between these countries. There have been various debates surrounding the concept of globalisation. The opening of the markets have been said to be a way of enabling the developed countries maintain their position of supremacy over the developing and less developing countries by allowing their big multinational companies exploit the resources of these other countries and keep the profit. (Lewis 2007). In spite of this, globalization has created a lot of new opportunities and for many nations and has required them to develop partnerships and bonds throughout the world which has played an important role in the success of some nations. Aim In a speech given by Nelson Mandela at the British Museum in 2000, he said â€Å"If globalisation is to create real peace and stability across the world, it must be a process benefiting all. It must not allow the most economically and politically powerful countries to dominate and submerge the countries of the weaker and peripheral regions. It should not be allowed to drain the wealth of smaller countries towards the larger ones, or to increase inequality between richer and poorer regions.†Cited in Lewis (2007).  Ã‚   The aim of this essay is to examine the impact of globalisation on domestic construction companies, their projects and services in developing countries. What is Globalisation Diverse definitions have been given to globalisation, depending on the context in which it is being used. The world has suddenly become a global village, where boundaries are being removed and organisations are free to envisage, design, create, purchase and sell products in other countries making the world interconnected. According to (Govindarajan Gupta, 2000), globalization is defined as the increasing economic reliance that exists among countries as seen in rising traverse relationship with the flow of goods and services. Cope (1999) sees the process of globalisation as â€Å"having two inter-related dimensions: scope (or â€Å"stretching†) and intensity (or â€Å"deepening†). On the one hand, the concept of globalization defines a universal process or a set of processes which generate a multiplicity of linkages and interconnectedness which transcend the states and societies which make up the modern world system. On the other hand, globalisation also implies intensification in the levels of interaction, interconnectedness or inter-dependence between states and societies which constitute the modern world economy† The International Monetary Fund (IMF) defined globalisation, as rapid economic incorporation countries around the world by the movement of goods, services and capital across borders. In the design and construction industry, globalisation means two major things; improved competition and improved opportunity (Russell J.S, 2000). Globalisation affects every design and construction firm both domestic and foreign. Globalisation is needed in countries to improve the relationship between these countries and to improve the economic stability of these countries. Globalisation in the Construction Industry The influence of globalisation in the construction industry is beginning to emerge; this can be seen from both external and internal factors within the industry. There is an increasing need for organisations to develop new strategies and ways of getting things done, as global competition is growing. Different organisations small, large, domestic and international are all going to be affected by this new way of doing things.  Ã‚  Ã‚   According to Cheah et al (2005), globalisation is bringing about new prospects for the construction industry due to the deregulation of industries and privatization of traditionally state-owned entities needing new construction or an upgrade of existing facilities which has attracted new key players from abroad. Externally, the clients are globalising. In order to serve them better and generate repeated business, engineering and construction firms have to elevate their agendas to the international level. Fundamental changes have to be made to project management techniques in engineering and construction companies if they are too maintain their standards and are to be successful in the global market place in the 21st century. Customers will expect lower costs, shorter engineering and construction periods, lower costs, shorter engineering and construction periods, high-quality materials and equipment from manufacturers anywhere in the world and prompt attention to their needs. Kini (2000). The construction industry is an important part of the development industry within an economy, particularly in an era where the rate of u urbanisation and resources continue to reduce. The construction industry plays its role in any economy as it uses materials and resources, changes the environment and affects the lives of the people living in the society. International Construction and Globalisation in Developing Countries According to Ngowi et al (2005), International construction has been defined, as when a company which is based in one country executes work in another country. Most of these companies are from advanced countries and go to carry out work in newly industrialised countries and least developed countries. Through globalisation, many doors have been opened for international construction in developing countries. Developing countries require specialized contractors for new infrastructure and buildings which their domestic construction companies might be unable to handle or do not have enough experience in the construction of such buildings. There are various explanations why construction firms expand into international markets. Some of these reasons include inactive domestic markets, development of new markets, economical utilization of resources and the realization of new prospects brought by the global economy (Gunhan and Arditi 2005). In taking international construction into consideration, there is a need to understand the risks and threats it involves. International construction is much riskier than domestic construction. The different variables which affect the international environment are not part of the domestic markets and create risk for international construction that would never be encountered in domestic conditions (Gunhan and Arditi 2005). A critical review of international business failure was done by Gordon and Arnold (1988) and White (1990) cited in Han et al (2005 p. 284). Some reasons why international business fails were pointed out and they include the following: Failure to develop a business plan. Lack of commitment from top management in the early stages of the venture. Lack of attention to the development of strategic links in the international market place. Failure to recognize the demands of operating in a multi-cultural business environment. Failure to weigh foreign requirements with respect to their social, legal, political and governmental procedures. Construction companies therefore must set up strategies in order to compete in the international market. Gunhan and Arditi (2005) carried out a survey of executives in charge of international construction in the United States to determine the most important strengths a company must have in order fully expand their business into the international market. Track Record The past performance of any organisation hoping to diverge from the domestic market to the international market is necessary. A firm or an organisation with a good track record can easily enter the international market, due to their past experience in form of reference from all their previous works. An experienced firm has a ready solution or a cheaper solution to a technical problem since it might have come across a similar problem in the past and has found a solution for it. It has exhibited through previous performances that it has the organisational and technical experience to overcome technical challenges that may come up in the course of a construction project Quak, 1991 cited in Gunhan and Arditi (2005 p.275). Specialist Expertise For a company to succeed in the international arena there is a need for specialist expertise. This gives the company a higher advantage due to the fact they have knowledge in areas that few companies can compete with them. According to Quak, 1991 cited in Gunhan and Arditi, 2005 â€Å"specialists technologies enable smaller companies to carve a niche for themselves in the international market by competing for specialist subcontracts or as a desired consortium partner† The use of new technology would enable domestic companies find jobs in sectors where expertise in that technology is needed. Project management Capability International projects tend to be in complicated circumstances such as; multiple ownership, elaborate financial provisions and different political ideologies. These projects are more difficult to manage than domestic projects as the risk involves are often numerous and less predictable. Stallworthy and Kharbanda 1983, cited from Gunhan and Arditi, (2005 p.276) There is often the need for a project manager who can handle both the business and technical side of the project. This would give the project manager an advantage, because he will be able to solve problems in all areas of the project. Influence of Globalisation on Domestic Construction Companies in Developing Countries The concept of globalization was brought about by the need for free trade between developed and developing countries. The ideology behind this was setup by the World Trade Organisation (WTO), and this was formed from the 1986 Uruguay Agreement WTO, (2004) cited in Lewis (2007) which says that â€Å"the international trading system should be: without discrimination- a country should not discriminate between its trading partners (giving them equally ‘ most favoured-nation or MFN status); and it should not discriminate between its own and foreign products, services or nationals (giving them ‘nationals( giving them ‘national treatment); Freer- tariff and non-tariff barriers should be reduced (removed) through negotiation; Predictable foreign companies , investors and governments should be confident that trade barriers will not be raised arbitrary; market-opening commitments are ‘bound in the WTO; more competitive-‘ unfair practices such as export subsidies and dumping products at   below cost be discouraged; more beneficial for less developed countries-they should have more time to adjust, greater flexibility, and special privileges.† The purpose of this was to establish competitive markets for trade for all goods and services, including those acquired in the public sector. Globalisation has an effect on the following sectors of the domestic construction sector of the economy: Project Size The size of a project plays a major effect in selecting who the key contractors for that project are going to be. The larger the project size is, the more out of reach it is for consulting and contracting firms in developing countries. Large projects which could be broken down in to smaller projects are given as one, making it available to only large transnational companies that have the capability in terms of staff, equipments and labour to handle such projects. These projects could be broken down into smaller project such that it would be available for local firms as well as the large transnational companies. Market Access Market access, has to do with goods and services, this entails that the goods and services which are coming into any country must be treated in the same way regardless of where they are from. In the construction industry, this entitles all consultants and contractors who come from less developed countries or developing countries to have equal opportunities with large firms to the same projects in developed countries. This actually never happens. According to Lewis (2007), the large companies have higher advantage than the smaller ones; in terms of enormous physical, financial, technical and human resources that the small firms do not have the capability to have. The large firms also receive support from their home government in many areas which is not available to the smaller domestic companies from developing countries. Consequently, the local firms in developing countries tend to be doubtful about the opportunities globalisation holds for them in developed countries; this is due to the advantages the large firms have over them. Under Pricing The need for growth in developing countries has brought about an invasion of overseas contractors and consultants in to developing countries. This has a negative impact on the domestic construction companies. Lewis (2007) explains that these foreign contractors are keen to get into that region, that they may take strategic decisions to make a loss in the construction of that project just to make sure that they win the contract. The local firms do not have the available resources to compete with them on that basis and therefore loose the contract. Opportunities associated with International Construction for Domestic Companies in developing countries The emergence of the new global economy has brought about extraordinary opportunities for growth in developing countries. Hans et al (2005) explains that at national level, the amount of international construction plays a big role in the nations trade balance. They also balance the growth of their company to contribute to their security through increased global activities and so to reduce the effect of the cyclic nature of their work load. The different opportunities associated with international construction for domestic construction companies include: Increased long term profitability One of the main reasons for expanding from domestic to international construction is for the increase in the long term productivity of that company. The expansion of these companies takes place when their own domestic markets are not doing so well and there is a need to expand into other countries which offer profitable opportunities for the company. The economic state of affairs of the most important countries often affect the economic situations of many other nations and this effect actually takes a lot of time before it reaches these nations. Expanding into the international market therefore, is a good way to survive the setbacks in a country and increase the profitability of that company (Gunhan and Arditi 2005). Ability to maintain shareholders return The ability of the domestic company to maintain its shareholders return creates the need for the company to be involved in international construction. This could be very useful for the company, for instance in times of economic recession in a country there is another country in which profit is being made by that company (Gunhan and Arditi 2005). Ability to take advantage of globalization and openness of market Globalisation has given the domestic construction companies an advantage of having open markets which gives the companies a lot of benefits. This increases the competition for a project because now both domestic and foreign companies are allowed to bid for the project. Even though globalisation has increased the competition within the geographical borders of countries, it also allows access into markets which were previously inaccessible. There is a need for construction companies to recognise this change in the environment. Sillars and Kangari, 1997 cited in Gunhan and Arditi, (2005 p.279) Ability to take advantage of privatization programs in emerging economies In developing countries, the amount of capital needed to achieve the rate of market expansion needed and this is often dependent on the foreign investment available to sustain a privatization programme. Miller, 2000 cited in Gunhan and Arditi (2005). Privatization is being seen as a way of creating opportunities for construction companies to carry out projects in countries, this is for both local and foreign companies. Key areas a domestic construction company must focus on in globalization In this new era of globalisation and free market trade between nations, changes will have to be made in companies in order to keep up with the new way of doing things. The thinking process of these companies has to be changed in order to compete with other companies. The following areas need to be taking into consideration in order to be a highly successful global construction company: Organisation The organisational structure of accompany is important in achieving global excellence. There would be a need to set up a system in which work will be done faster and would meet the clients needs. Information technology systems According to Kini (2000), if there is no effective Information technology (IT) system in the company, they would only be global in their names. The information system of the company should have the capability to provide all the companys offices with real-time access to data should be designed with hard ware and software that go well together, and should use incorporated software which will provide the information to the managers when needed. This would enable accurate information to be gotten by the project manager at any time and allow fast access to the information when needed. Thinking globally There must be division of work among engineers so that the time frame of the work can be shortened and work will go on consecutively. There is a need for a variety of specialist for different areas of engineering in order to be able to review the impact of change on any area in the design. According to Kini (2000), when thinking globally, the followings things must be put into consideration to access some certain issue: Division of work: There is a need for the project manager to establish how the work is to be divided in terms of the customer requirement, the manpower and expertise needed. Subcontractors have to be selected before the design phase of the project for specialist needs of the project. Key suppliers: The key suppliers should be located within the area with low manufacturing costs and convenient transport connections. The relationship between the suppliers should be one of partnership for mutual benefit in the project. The construction plan:   The construction plan should be checked before the start of the design. The design schedule needs to be developed with reference to the construction sequence; this would be used as the source of coordinating the design at the various office locations and placing orders with suppliers. Worldwide suppliers There is a need for the use of worldwide suppliers in order to get the best price available. The utilization of the global market place would enable the company get lower rates for labour and raw materials. There would be need to ensure that theses suppliers meet the requirements of the company. The project manager would have a choice in the selection of the supplier to be used and the performance of this supplier can be monitored. Global construction The company must be familiar with local construction methods and materials used in that area. Due to the varying site conditions, the need might arise to import some materials. There is a need for the participation of the local engineering company in the project to advise the project team on the use of these local materials and also in the hiring of skilled craftsmen within the project. This is to ensure that the maximum satisfaction of the client is guaranteed when the project is completed. Quality The whole aim of going through the steps listed above is to ensure that the overall quality of the project meets the clients expectation. There is a need for all members of the project to be aware of the clients needs for the project, this would enable them know the kind of standards to be achieved in the project.   Conclusion Globalisation has brought about new opportunities for construction companies. Globalisation holds the greatest opportunity and risk for domestic construction companies. This is determined by the strategies implemented by the company in order to ensure that they are affected by the positive effects of globalisation. In the global economy, both the domestic and foreign companies have to face competition in other to be successful. There is a need for contractors to understand the risk associated with globalisation such as political, economical, cultural and legal project conditions; theses can affect the goals set by the firm when dealing with a strategic market. However, for those domestic companies who are willing to enter the international market, globalisation holds new prospects for them as long as they have identified most of the risks and put in place strategies on how these risks can be mitigated. Therefore globalisation must be embraced by both foreign and domestic companies so that they dont left behind. Bespoke Form of Contracts: A Scourge or Necessity? Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev

Saturday, January 18, 2020

A comparison between Jean Rhys and Una Marson Essay

Voyage into the Metropolis: Exile in the Works of Jean Rhys and Una Marson. In Jonathan Miller’s 1970 production of Shakespeare’s â€Å"The Tempest† the character of Caliban was cast as black, therefore reigniting the link between the Prospero/Caliban paradigm as the colonizer/colonized. It was not a new idea, indeed Shakespeare himself envisaged the play set on an island in the Antilles and the play would have had great appeal at the time when new territories were being discovered, conquered, plundered and providing seemingly inexhaustible revenue for the colonisers. What is particularly interesting, however, is how powerful the play later becomes for discourse on colonialism. This trope of Caliban is used by George Lamming in â€Å"The Pleasures of Exile† where he likens Prospero in his relationship with Caliban, to the first slave-traders who used physical force and then their culture to subjugate the African and the Carib, overcoming any rebellion with a self righteous determinism. In â€Å"The Pleasures of Exile† Lammi ng sees Caliban as: â€Å"Man and other than man. Caliban is his convert, colonized by language, and excluded by language. It is precisely this gift of language, this attempt at transformation which has brought about the pleasure and the paradox of Caliban’s exile. Exiled from his gods, exiled from his nature, exiled from his own name! Yet Prospero is afraid of Caliban. He is afraid because he knows that his encounter with Caliban is, largely, his encounter with himself.† 1 The Prospero/Caliban paradigm is a very relevant symbol for the colonizer/colonized situation of the West Indies but it nevertheless remains a paternalistic position. Where does that leave women of the Caribbean? It could be argued that the Caribbean woman has been even further marginalized. That in making Caliban the model of the Caribbean man it is therefore providing him with a voice. Yet nowhere in the Tempest is there a female counterpart, rendering the Caribbean woman invisible as well as silent and ignoring an essential part of their historical culture. Another issue raised here, is that Caribbean literature has for many years been male dominated. Just as the colonizer sought to ignore and marginalize their savage ‘Other’ so the Caribbean male has ignored their female counterpart. Opal Palmer Adisa, in exploring this issue, believes that it is â€Å"out of this patriarchal structure, designed to make her an object, part of the landscape to be used and discarded as seen fit by the colonizer, that the Caribbean woman has emerged.†2 It was out of such a ‘patriarchal structure’ that Jean Rhys and Una Marson emerged. The writing of both women revise and expand theme and personae, subverting a colonial and patriarchal culture. Both women â€Å"may exist in different ethnological and ontological realms but they both exist in worlds which have, at one time or another, attempted to censure, silence or ignore the ideals and interests of women†3 Like many of their male Caribbean counterparts to succeed them, their writing was greatly influenced by voyaging into the colonial metropolis and living in exile. In this essay I will discuss the importance of that journey in seeking to find a voice, an identity, and even a language to challenge established notions of Self, gender and race within the colonial structure. But essential to their experience is their struggle. Naipaul recognised, in Rhys, the themes of â€Å"isolation, an absence of society or community, the sense of things falling apart, depende nce, loss†.4 This could also be said of Marson. Jean Rhys was born Ella Gwendoline Rees Williams on 24th August 1890, in Roseau, Dominica to a Creole mother of Scottish descent and a Welsh father who was a doctor. Rhys left Dominica in 1907, aged sixteen and continued her education in a Cambridge girls’ school and then at the Academy of Dramatic Art which she left after two terms. Rhys experienced feelings of alienation and isolation at both these institutions and these feelings were to stay with her for much of her life. Upon pursuing a career as a chorus girl under a variety of names Rhys embarked on an affair with a man twenty years older than herself and which lasted two years. It is broadly accepted that this early period of her London life formed the structure for Voyage In The Dark, and like all of Rhys’s novels, explores homelessness, dislocation, the marginal and the migrant. The character of Anna, like most of her female protagonists exists in the demimonde of city life, living on the wrong side of respecta bility. What Rhys does effectively in this novel is to centralize the marginalized, those subjects â€Å"who belong nowhere, between cultures, between histories.†5 Una Marson was born in rural Jamaica in 1905. Her father was a well respected Baptist minister and as a result of his standing within the community Marson had the opportunity to be educated on a scholarship at Hampton High School, a boarding school for mainly white, middle class girls. After finding employment as a stenographer, Marson went on to edit the ‘Jamaican Critic’, an established literary publication, and from 1928-1921, her own magazine ‘The Cosmopolitan’. Having established herself as a poet, playwright and women’s activist Marson made the decision to travel to Britain. Her achievements in London were impressive; a social activist within the League of Coloured Peoples which led to her taking a post as secretary to the deposed Emperor Haile Selassie and later she was appointed as a BBC commentator. In reality, however, Marson, like Rhys found the voyage into the Metropolis very difficult. Facing blatant racial discrimination like ‘so many West Indian women migrants of the 1950s, Una found herself blocked at every turn. She complained and cried; she felt lonely and humiliated,’. 6 In spite of many literary and social connections she remained an isolated and marginal figure. Her poetry displays the uncertainty of cultural belonging where her language ties her to colonialism yet also provides her with a powerful tool with which to challenge it. In placing Rhys alongside Marson as pioneering female writers, it is important to explore the notion of nationality, of being Caribbean and to question the grounds upon which such ideas are constructed. Both women were writing at the same time, having been born and educated in the British colonies. Both these writers, whose lives span the twentieth century, are situated at the crossroads of the colonial and post-colonial, the modern and post modern, where the threat of fascism and war result in anti colonial struggles and eventual decolonisation across the world. Their voyages from the colonies into the metropolitan centre generate similar experiences. What is clear with both is that by journeying into the metropolis, as women, they occupy a double marginal position within an already marginalized community. Their journey can be seen as an exploration of displacement where, according to Edward W. Said, the intellectual exile exists ‘in a median state, neither completely at one with the new setting nor fully disencumbered of the old, beset with half involvements and half attachments, nostalgic and sentimental at one level, an adept mimic or a secret outcast on the other.’7 Rhys and Marson, having left the Caribbean are asking us to consider what it means to write from the margins. Within their work, both women challenge notions of women’s place within society and women’s place as a colonized subject in the metropolitan centre. The protagonist, Anna Morgan, in Voyage in the Dark, reflects Rhys’s own multi indeterminate, multi conflicted identity. Anna, like Rhys is a white descendent of British colonists and slave traders who occupy a precarious position of being â€Å"inbetween†. Hated by the Blacks for their part in oppressing the slaves and continuing to cling on to that superior social position, they are also regarded by the ‘mother country’ as the last vestiges of a degenerate part of their own history best forgotten. Moreover, 1930s England, still under the shadow of Victorian moral dicta, continued to judge harshly a young woman without wealth, family, social position and with an odd accent. Throughout the novel Anna is identified with characters who are â€Å"usually objectified and silenced in canonical works: the chorus girl, the mannequin, the demimondaine.†8 Much has been made of her reading of Zola’s Nana and indeed there are many parallels between the two characters. Anna, like Nana becomes a prostitute and in the first version of Voyage in the Dark Anna like Nana dies very young. There is of course the obvious anagram of her name but, as Elaine Savory highlights, some interesting revisions by Rhys. Whereas Zola, in Nana, creates a character who brings about the downfall of upper class men not through power but â€Å"with only the unsophisticated currency of youth and raw female sexuality†9 Rhys, in Anna, creates a character who is herself destroyed by men. â€Å"In Rhys’s version the men who use her youth and beauty are for the most part evidently cowardly or downright disreputable: Anna herself begins as naively trusting, passes through a stage of self destructive hopelessness and passivity and ends, in Rhys’s preferred, unpublished version, by dying from a botched abortion.†10 If we are to see Walter Jeffries as the original European, existing in a world viewed certainly by himself as principally ordered and reasonable then Rhys is, through this character, highlighting the degenerate aspect of using power to commodify and even destroy, thereby subverting the colonizer’s position in relation to the colonized. Through the character of Anna, Rhys explores those oppositions of â€Å"Self† and â€Å"Other†, male and female, black and white. Even though she outwardly resembles the white European, enabling her, unlike Marson, to blend visually within London, her association with the Caribbean sets her apart as between black and white cultures and as an exotic â€Å"Other†. This ambiguity of Anna’s position results in â€Å"slippage†. Anna and her family would have been regarded in the West Indies as the white colonizers. In England and in her relationship with Jeffries she becomes the colonized â€Å"Other†. In being read as the colonized subject Anna is continually having to adapt her world view and sense of identity to the perspective being imposed on her. A good example of this is the chorus girls’s renaming her as the â€Å"Hottentot† aligning her more with the black African and demonstrating the homogenizing of the colonized peoples b y the colonizers. This is similar to Spivak’s belief that ‘so intimate a thing as personal and human identity might be determined by the politics of imperialism.’11 Interestingly, â€Å"Hottentot† is the former name for the Nama, a nomadic tribe of Southern Africa. A somewhat apt comparison which reflects Anna’s own nomadic existence as she moves from town to town as a chorus girl and from one bed sit to another. The term â€Å"Hottentot† developed into a derogatory term during the Victorian era and became synonymous firstly with wide hipped, big bottomed African women with oversized genitals and then with the sexuality of a prostitute. Jeffries is fully aware of the implications of the name â€Å"Hottentot†. In response to hearing Anna’s renaming he says, â€Å"I hope you call them something worse back.†12 Elaine Savory makes a strong connection between Anna’s renaming and her relationship with Jeffries, her eventual seducer. Whilst â€Å"not looking at Anna’s body in an obvious way, eventually the transaction between them is understood fully on his side to be a promise of sexual excitement from a white woman whom he perceives as having an extra thrill presumably from association with racist constructions of black females in his culture.†13 Franz Fanon, in his book Black Skin, White Masks perceives these complex colonial relations as being in a state of flux rather than fixed or static. In his introduction to Fanon’s text, Homi Bhabha highlights this point, stating that the ‘familiar alignment of colonial subjects†¦Black/White, Self/Other†¦is disturbed†¦and the traditional grounds of racial identity are dispersed.’14 So it is in the relationship between Jeffries and Anna. In transposing the colonizer’s stereotypical images of a black woman onto Anna he is disrupting and dispersing those ‘traditional grounds of racial identity’. Moreover, Anna is subconsciously enacting a mediated performance, aware of her impact upon him and the implications of her actions, in an attempt to adhere to his preconceptions of her. The relationship cannot be sustained on these fundamentally unstable preconceptions. Anna, both as a female and racial â€Å"Other† is penetrated by Jeffries and with the exchange of money is commodified. Without independent means Anna becomes that purchasable girl who is at the mercy of and eventually becomes dependent upon the upper middle class Jeffries. The relationship between these two characters reflects Rhys’s own location in the world where the West Indies was at the time still a commodity of the British Empire. In another analysis of the colonial stereotype, Homi Bhabha challenges the ‘limiting and traditional reliance of the stereotype as offering, at any one time, a secure point of identification on the part of the individual,’15 in this case Jeffries and Hester. Bhabha does not argue that the colonizer’s stereotyping of the colonized ‘Other’ is as a result of his security in his own identity or conception of himself but more to do with the colonizer’s own identity and authority which is in fact destabilized by contradictory responses to the Other. In order to maintain a powerful position it is important, according to Bhabha, for the colonizer to identify the colonized with the image he has already fixed in his mind. This image can be ambiguous as the colonized subject can be simultaneously familiar under the penetrable gaze of the all seeing, all powerful colonial gaze and be incomprehensible like the ‘inscrutable Oriental’. The coloni zed can be â€Å"both savage†¦and yet the most obedient and dignified of servants†¦; he is the embodiment of rampant sexuality and yet innocent as a child; he is mystical, primitive, simpleminded and yet the most worldly and accomplished liar , and the manipulator of social forces.†16 In short, for Bhabha, the relationship between the colonizer and the colonized is riddled with contradictions and inconsistencies which, when imposed upon the colonized ‘Other’, cause a crisis of identity. So it is with Anna. Jeffries upon first meeting with the very young Anna can see that she is as ‘innocent as a child’ and is ‘most obedient’ sexually, but by her association with the Caribbean and the Hottentot as I have previously explored, she is subsequently attributed with being ‘the embodiment of rampant sexuality’ resulting in his taking of her virginity, abandoning her to prostitution but also leading to as Veronica Clegg observes ‘a loss of temporal referents’17 Anna’s stepmother, Hester, also attempts to impose an identity upon Anna which not only conflicts with Anna’s own sense of identity but is also based around stereotypical perceptions. . Hester, whose ‘voice represents a repressive English colonial law’18 believes that Anna’s father’s troubles resulted from his having lost ‘touch with everybody in England’19 and that these severing of ties with the Imperial motherland is a signal to her that ‘he was failing’,20 losing his identity, reduced to the level of the black inhabitants of the island. This idea of contamination and racial reduction is explored by Paul B. Rich who explains that there was a belief in the early twentieth century that white people in the tropics risked ‘in the absence of continual cultural contacts with their temperate northern culture, being reduced to the level of those black races with whom they had made their â€Å"unnatural home†Ã¢ €˜.21 In Hester’s eyes this apparent loss of identity is also experienced by Anna. She continually criticizes her speech, her relationship with Francine the black servant, and also insinuates degenerative behaviour on the part of her family, particularly Uncle Bo. Hester’s views reflect the growing disapproval in England at that time, of relationships between white people and the black population in the West Indies. Inter-racial relationships were discouraged for fear of contamination of the white ‘Self’. In voicing her disapproval of Anna’s friendship with Francine along with her continual use of the racist and derogatory term â€Å"nigger†, Hester is alluding to the fact that, in her opinion, Anna, especially through her speech, has indeed been contaminated and reduced racially and that Anna’s association with Francine thwarts her attempts to reconnect her with the colonizer’s ‘cultural contacts’. Hester rails that she finds it ‘impossible to get you [Anna] away from the servants. That awful sing-song voice you had! Exactly like a nigger you talked†¦and still do. Exactly like that dreadful girl Francine. When you were jabbering away together in the pantry I never could tell which of you was speaking.’22 Hester’s constant criticism only serves to undermine Anna’s real identity and dislocate her further from the Caribbean world she once inhabited and the alienating London world she is now experiencing. Her accent sets her apart, drifting between two worlds. Anna’s difficulties in negotiating these two worlds is a result of the ‘return of the diasporic’ to the metropolitan centre where ‘the perplexity of the living is most acutely experienced.’23 This can certainly be seen in her response to the weather which, according to Bhabha, invokes ‘the most changeable and imminent signs of national difference’24 The novel opens with; â€Å"It was as if a curtain had fallen, hiding everything I had ever known. It was almost like being born again. The colours were different, the smells different, the feeling things gave you right down inside yourself was different. Not just the difference between heat and cold; light, darkness; purple, grey. But a difference in the way I was frightened and the way I was happy. I didn’t like London at first. I couldn’t get used to the cold.†25 And later upon arriving in England with Hester she describes it as being ‘divided into squares like pocket-handkerchiefs; a small tidy look it had, everywhere fenced off from everywhere else’ 26and then in London where the ‘dark houses all alike frowning down one after another’27 Throughout the novel Anna continually experiences feelings of being enclosed. Many of the bedsits are restricting and box-like. On one occasion she remarks that ‘this damned room’s getting smaller and smaller†¦And about the rows of houses outside gimcrack, rotten-looking and all exactly alike’.28 The many small rooms between which Anna moves emphasize her disempowerment through enclosed spaces. These spaces, in turn, serve as metaphors for the consequences in voyaging into the metropolitan centre. She is at once shut inside these small monotonous rooms and shut out from that world which has sought to colonize her. It is perhaps ironic that the further she mo ves into the centre of the city, ending up as she does on Bird Street, just off Oxford Street , the more she is shut out and marginalized by that imperialist society. Her memories of the West Indies are in sharp contrast to her impressions of England. The images of home are always warm, vivid and exotic, ‘Thinking of the walls of the Old Estate House, still standing, with moss on them. That was the garden. One ruined room for roses, one for orchids, one for ferns. And the honeysuckle all along the steep flight of steps’.29 When comparing the two worlds she remarks to herself that ‘the colours are red, purple, blue , gold, all shades of green. The colours here are black, grey, dim-green, pale blue, the white of people’s faces – like woodlice’. 30 Her memory of home is experienced sensuously as she recalls the sights and smells: â€Å"Market Street smelt of the wind but the narrow street smelt of niggers and wood smoke and salt fishcakes fried in lard’ and the sound of the black women as they call out, â€Å"salt fishcakes, all sweet an’ charmin’, all sweet an’ charmin’.'†31 Anna attempts to convey this richness to Jeffries. His failure to appreciate the beauty she describes merely underlines the differences between the two. He expresses a preference for cold places remarking that ‘The tropics would be altogether too lush’.32 Jeffries’s reaction to the West Indies in fact reflects the colonizer’s view that the ‘ruined room for roses’ and ‘orchids’ portray a disorder, a garden of Eden complete with its implications of moral decay and as Bhabha states, a ‘tropical chaos that was deemed despotic and ungovernable and therefore worthy of the civilizing mission.’33 Anna’s association with this world sets her up, in Walter’s eyes, as a figure representing a secret depravity promising forbidden desires. Anna, like the West Indies is something to be overpowered, enslaved and colonized, where the colonizer seeks to strip their identity and impose their own beliefs and desires. It is significant, therefore, that following this scene Anna loses her virginity to Jeffries and recalls the memory of the mulatto slave girl, Maillotte Boyd, aged 18, whose record Anna once found on ‘an old slave list at Constance’.34 Like Maillotte Boyd, Anna is now merely a commodity and Jeffries has no intention of ever seeing her as an equal. Her purity, in his eyes isn’t worth preserving as he already considers her the contaminated ‘Other’. By his actions he succeeds in maintaining that patriarchal imperialism which relies on institutional forms of racial and national separateness. Anna, as a twentieth century white Creole, is no freer than the nineteenth century mulatto slave. Just as Maillotte Boyd is, as racially mixed, suspended between two races, so Anna as a white Creole is suspended between two cultures, leaving her dislocated. Anna’s voyage into the imperialist metropolis leads to boundaries and codes of behaviour, language and dress being constantly imposed upon her. She is aware for example of the importance of clothes as a means of controlling her social standing and also her standing as a woman. Through her dress Anna almost becomes that elegant white lady, mimicking London’s female high society. For Jeffries, Anna represents the ‘menace of mimicry’, which , according to Bhabha is ‘a difference which is almost nothing but not quite’ and which turns ‘to menace- a difference that is total but not quite.’35 This mimicry serves to empower Anna as it ultimately destabilises the essentialism of colonialist ideology, resulting in Jeffries imposing upon Anna the identity of the West Indian ‘Other’ This in turn leads to feelings of loss, alienation and dislocation, a rejection of being white and a desire to be black. ‘I always wanted to be black. I was happy because Francine was there†¦.Being black is warm and gay, being white is cold and sad.’36 Anna’s association with Hester meant that she ‘hated being white. Being white and getting like Hester, †¦old and sad and everything.’37 Yet the warmth she expresses in her memories of Francine are always tempered by her realisation that Francine disliked her ‘because I [Anna] was white.’38 Her feelings of being between cultures and feeling dislocated are never fully resolved. Anna’s voyage in the dark, reflects Rhys’s own sense of exile and marginality as a white West Indian woman. Teresa O’Connor remarks that ‘Rhys, herself caught between places, cultures, classes and races, never able to identify clearly with one or the other, gives the same marginality to her heroines, so that they reflect the unique experience of dislocation of the white Creole woman.’39 The language used to express feelings of exile and loneliness, destitution and dislocation is both sparse and economic. It is neither decorative nor contrived, devoid of sentiment or without seeking sympathy. In commenting upon an essay written by Rhys discussing gender politics, Gregg writes that ‘It is important to note her [Rhys’s] belief that writing has a subversive potential. Resistance†¦can be carried out through writing that exposes and opposes the political and social arrangements.’40 Helen Carr, in her exploration of Rhys’s language believes that: â€Å"Rhys in her fictions unpicks and mocks the language by which the powerful keep control, while at the same time shifting, bending, re-inventing ways of using language to open up fresh possibilities of being.†41 Una Marson, another Caribbean to voyage into the metropolis, also experienced loneliness, isolation and a struggle with the complexity of identity. Like Rhys, Marson fought with these feelings throughout her life, resulting in long periods of depression. Her belief in women’s need for pride in their cultural heritage established Marson as ‘the earliest female poet of significance to emerge in West Indian literature’.42 She not only ‘challenged received notions of women’s place in society’ but also raised questions about ‘the relationship of the colonized subject to â€Å"the mother country†Ã¢â‚¬â„¢43 There was a considerable amount of poetry emerging out of the West Indies around this time but most of it was dismissed as being ‘not truly West Indian’,44 the reason for this being partly because many of the writers were English but also because many of the styles used by these writers mimicked colonial forms. Many of Marson’s early poetry reflects this mimicry showing a reliance upon the Romantics of the English poetic tradition, particularly Shelley, Wordsworth and Byron. The poem Spring in England reveals this indebtedness to the Romantics, including as it does a stanza where, having observed the arrival of Spring in London, the poet asks: ‘And what are daffodils, daffodils Daffodils that Wordsworth praised?’ I asked. ‘Wait for Spring, Wait for the Spring,’ the birds replied. I waited for Spring, and lo they came, ‘A host of shining daffodils Beside the lake beneath the trees’ (The Moth p6)45 Clearly there are echoes of Wordsworth’s Daffodils throughout the stanza, reflecting the drive by colonialism through education to eradicate the West Indian selfhood. Yet for Marson this harnessing of English culture not only posed few problems but indeed was, I would argue, a necessary step in her voyage of self discovery. As seen with Rhys, mimicry was a subversive threat to colonial ideology, especially through language. Homi Bhabha’s notion of mimicry seeks to explore those ambivalences of such destabilizing colonial and post-colonial exchanges. â€Å"The menace of mimicry is its double vision which in disclosing the ambivalence of colonial discourse also disrupts its authority. †¦The ambivalence of colonial authority repeatedly turns from mimicry – a difference which is almost nothing but not quite – to menace – a difference that is almost total but not quite. And in that other scene of colonial power, where history turns to farce and presence to a ‘part’ can be seen the twin figures of narcissism and paranoia that repeat furiously, uncontrollably.†46 Bhabha’s essay in recognising the power, the play and the dynamics between the colonizer and the colonized offers an alternative to the pessimistic view held by V.S. Naipaul who believed that West Indian culture was doomed to mimicry, unable to create anything ‘original’. Marson’s mimicry of the Romantics could be seen as a preparation to enter the colonizer’s metropolis, and to attempt to assimilate into the colonizer’s world. In making that voyage to the metropolis, Una Marson succeeds in taking that step from ‘the copy’ to the ‘original’. By remaining in Jamaica Marson risked remaining in an environment too rigidly ingrained by colonial prescriptions. Una Marson’s voyage into ‘the heart of the Empire’, however, resulted in intense disappointment. For the first time, Marson experienced open racism and according to Jarrett-McCauley ‘The truth was that Una dreaded going out because people stared at her, men were curious but their gaze insulted her, even small children with short dimpled legs called her â€Å"Nigger†Ã¢â‚¬ ¦She was a black foreigner seen only as strange and unwanted. This was the ‘Fact of Blackness’ which Fanon was to analyse in Black Skins, White Masks(1952), that inescapable, heightening level of consciousness which comes from â€Å"being dissected by white eyes†.’ 47 Unlike Rhys, Marson was finding it impossible to blend visually within London. Consciousness of her colour made Marson conscious of her marginality. This consciousness led her seriously to question the values of the ‘mother country’. Marson’s work moved from mimicry to anti-patriarchal discourse, seen in her poem Politeness where she responds to the William Blake poem Little Black Boy with: They tell us That our skin is black But our hearts are white We tell them That their skin is white But their hearts are black (Tropic Reveries p 44) The poem demonstrates Marson’s growing resentment at being alienated by the colonial power. There is an uncertainty in her desire to both belong and to challenge, echoing Rhys in her sense of cultural unbelonging. Those anti-patriarchal feelings are present once more in her poem Nigger where she communicates the anger she feels at being abused and marginalized as the racial ‘Other’. They call me ‘Nigger’ Those little white urchins, They laughed and shouted As I passed along the street, They flung it at me: ‘Nigger! Nigger! Nigger!’ She retorts to this abuse furiously with: You who feel that you are ‘sprung Of earth’s first blood’, your eyes Are blinded now with arrogance. With ruthlessness you seared My people’s flesh and now you still Would crush their very soul Add fierce insult to vilest injury.48 In its repetition of the shocking term ‘Nigger’, Marson is confronting the white colonialist’s use of the word to exert power over and oppress the colonized. The violence of its use reflects the violence of their shared history where ‘Of those who drove the Negroes / To their death in days of slavery,’ regard ‘Coloured folk as†¦low and base.’49 In highlighting this history of violence, oppression and slavery, Marson is attempting to invert this oppression and dislodge the notion of white supremacy, whilst attempting to negotiate a position from West Indian to African and in doing so, fashion an identity. By writing the poem in the first person singular and moving from ‘They’ to ‘You’ when addressing the white colonizers, Marson succeeds in centralizing herself and reversing the binary system of ‘Self’ and ‘Other’. Nigger marks Marson’s sharpened perspective on issues such as racism and identity. Her voyage into the metropolitan centre triggers those ’emergent identifications and new social movements†¦[being]†¦played out’.50 It was a time in Marson’s life where she was made to feel inadequate, lonely and humiliated but it also roused her to ‘resist the corrosive force of her oppressive world.’51 Nigger reveals this sense of belonging and not belonging felt by Marson, of being part of the empire but never part of the Motherland, yet it simultaneously challenges the very essentialism in which the colonial Self is rooted. Moreover, the hostility she experiences in many ways acknowledges the success of Marson’s performance as a hybrid. Marson’s frustration and anger was compounded by the fact that in being middle class and educated she possibly saw herself as ‘a notch above the poor, black working class women from the old communities in Cardiff, Liverpool and London’52 Marson explores this question of how middle class West Indians negotiate being educated and yet marginalized and even considered inferior in her play London Calling. The play, based on the experiences of colonial students in London charts the story of a group of expatriates who, upon being invited to the house of an aristocratic English family, dress up in outlandish native costume and speak in ‘broken’ English. The play, a comedy, takes a light hearted look at the stereotypical images held by the British, at the same time countering the myth of black inferiority. There is, in the play, a curious twist as the students from Novoko are presented as black versions of the British in their dress and behaviour, ‘mimic men’ and yet they themselves attempt to ‘mimic’ their own folk culture. They are eventually discovered by one of the family, Larkspur, who then proposes marriage to Rita, one of the Novokans. The play ends with Rita declining Larkspur’s proposal in favour of Alton, another Novokan. This rejection of Larkspur places Rita in a powerful position. Rita is no longer the undesirable ‘Other’, she has resisted the oppressive world of the colonialists and placed herself as the centralised ‘Self’. Rita is Marson’s fantasy where the black woman is recognised as beautiful and an equal. Marson’s activities in the League of Coloured Nations gave her purpose, direction and the opportunity to advance her political education whilst introducing her to the Pan – African movement ‘a sort of boomerang from the horrors of slavery and colonialism, to which Una, like many of her generation, was being steadily drawn.’53 Marson’s work around this time reflects a desire to reclaim and restore that ‘Other’ cultural tradition, a difficult task as the Caribbean was not an homogeneous agency and it was not easy to establish a pre-colonial culture. The ethnic mix was large and hybrid making the notion of ‘Caribbeanness’ less easy to define. The Pan-African movement provided links with an alternative body to European colonialism and offered Marson a platform to renegotiate and redefine her idea of ‘Caribbeaness’ and race, an option not offered to Rhys. Having established a sense of being a black person in a white imperialist centre, she now needed to make sense of being a black woman within this paternalistic centre. The poem Little Brown Girl attempts just this, constructing a dialogue of sorts between a white Londoner, whose gender is unclear, and a little brown girl. The poem begins with a series of questions put to the child: Little brown girl Why do you wander alone About the streets Of the great city Of London? Why do you start and wince When white folk stare at you Don’t you think they wonder Why a little brown girl Should roam about their city Their white, white city? (The Moth, p11) The questioning of the little brown girl’s presence in London suggests a linguistic imperialism. It may be construed as the speaker challenging her right to be in the city, establishing her as the nameless, black ‘Other’. Her feeling of difference is emphasized in the repetition of the word ‘white’ on the final line of the second stanza. The third stanza plays out an interesting reversal in notions of blackness. The speaker asks why she has left the ‘little sunlit land / where we sometimes go / to rest and get brown’54 alluding to the desire of white skinned people to tan which for the white colonialist signifies wealth, for the black ‘Other’ being inferior and uneducated. From here there is a subtle shift of speaker and London is seen through the eyes of the little brown girl. Her perception of the city is distinctly unattractive where ‘There are no laughing faces, / people frown if one really laughs’ and: There’s nothing picturesque To be seen in the streets, Nothing but people clad In Coats, Coats, Coats, (The Moth, p11) If the poem began with the strangeness of the brown girl to the white gaze, here it teases out those feelings of alienation felt by the little brown girl at being in such a cold, drab place, so different from her own home. Once more Marson creates a reversal in the stereotype as she seeks to objectify white people observing that ‘the folks are all white -/ White, white, white, / And they all seem the same.’55 In homogenizing the colonizers, the hybridity of the West Indians are then celebrated in the many varied skin tones of ‘black and bronze and brown’ which are themselves homogenized by the label ‘Black’. The vibrancy, colour and friendliness of ‘back home’ where the folks are ‘Parading the city’ wearing ‘Bright attractive bandanas’ contrasts with the previous stanza of the dour images of London. The dialogue is handed back to the white speaker who attempts to establish the origins of the little black girl but succeeds in once more re-establishing the homogeneic white gaze indicated in the speaker’s inability to distinguish between many distinct nations : And from whence are you Little brown girl? I guess Africa, or India, Ah no, from some island In the West Indies But isn’t that India All the same? (The Moth, p13) More than anything the poem conveys that sense of isolation felt by the little brown girl in the city. She never answers the white speaker directly and is positioned in the middle of the poem, again centralizing the colonized. In asking the question ‘Would you like to be white/Little brown girl?’ there is a sense of the colonizer attempting to manipulate and dominate the colonized, to Europeanise, ultimately leading to mimicry. Yet the questioner responds himself with ‘I don’t think you would / For you toss your head / As though you are proud / To be brown’. 56 Marson, here, signals a move away from being a ‘mimic man’ seeking to challenge that whole Eurocentric paternalistic world and centralise the black women, the most marginalized figure in society. The themes central to Little Brown Girl’s themes echo Rhys’s own negative reactions to London seen in the opening page of Voyage in the Dark. Like Rhys, Marson succeeds in capturing that colour and warmth of the West Indies contrasting greatly with the misery of London, experienced by both and which reinforce that racial and national separateness. Those differences prove for both to be irreconcilable, making it impossible for both Rhys and Marson to integrate, leaving both women dislocated from the metropolis. Little Black Girl serves as a useful reminder that many immigrants were women. This encounter between the city and a woman (in Marson’s case, a black woman) echoes Anna’s encounter in Voyage in the Dark albeit as a prostitute. Both walk the streets of the city and as women-as-walkers encounter the metropolis, negotiating its spaces. Denise deCaires Narian suggests that certainly Marson could be considered as a flaneuse.57 Neither Rhys nor Marson, however have the confident panache of the flaneuse and neither fulfil the requirements of flanerie originally set out by Baudelaire. The flaneur, he asserted, saw the ‘crowd as his domain, †¦ His passion and his profession is to merge with the crowd’.58 The flaneur and therefore the flaneuse is engaged in strolling and looking but most importantly merging ‘with the crowd’. For Marson this is impossible as she is a black woman in a white city. Moreover, Baudelaire expands upon the idea of the flaneur as having ‘the ability to be away from home and yet to feel at home anywhere, to be at the centre of the world, and yet to be unseen of the world’.59 Again this is problematic for both Marson and Rhys as their wanderings around the metropolis seek only to reinforce those feelings of ‘Otherness’, isolation and marginality. For Marson these feelings of alienation gained her the reputation of being a ‘true loner who didn’t exactly seek out company’60 leading to a ‘heightened level of bodily consciousness’ which comes from ‘being dissected by white eyes’.61 In her struggle with being marginalized as a black women always at the mercy of the white metropolitan gaze, Marson was always aware of that Europeanised sense of beauty being white. This idea of beauty was so entrenched, even within the black community that they themselves set beauty against the paleness of their own skin. The importance of popularly disseminated images is tackled in Cinema Eyes where a black mother in addressing her daughter attempts to challenge the idea that ‘Europeans still provide the aesthetic reference point’.62 The speaker urges her eighteen year old daughter to avoid the cinema fearing that it might reinforce the idea that white is beautiful causing the girl to lose sight of her own beauty: Come, I will let you go When black beauties Are chosen for the screen; That you may know Your own sweet beauty And not the white loveliness Of others for envy. (The Moth, p88) By growing up with a ‘cinema mind’ the mother has allowed herself to be at the mercy of those tools used by the colonizer to marginalize and indoctrinate, promoting their own superiority. Once again the ‘mimic man’ re-emerges when black women reject their own in seeking an ‘ideal man’. ‘No kinky haired man for me, / No black face, no black children for me.’63 This rather melodramatic narrative within the poem tells of the mother’s ‘fair’ husband shooting her first suitor whom she had initially rejected for being too dark, and then committing suicide. The shooting scene, a re enactment of a gun fight in a western, presents the cinema as a racist and degenerate institution. By the end of the poem, the speaker acknowledges her mistake in rejecting the first lover and finds a sense of self, previously denied by the saturation of cinematic images. In shaking off the colonizer’s indoctrination, which seeks to marginalize her, she addresses the question posed by Franz Fanon which is ‘to what extent authentic love will remain unattainable before one has purged oneself of that feeling of inferiority?’64 Black invisibility in the cinema results in white ideology being forced upon a black body and essentially commodifying it and it is this which Marson seeks to deconstruct. Another poem which tackles the reconstruction of female identity is Black is Fancy, where the speaker compares her reflection in the mirror with a picture ‘Of a beautiful white lady’.65 The mirror serves to reclaim the idea of black as being beautiful and a rediscovery of self: Since Aunt Lisa gave me This nice looking glass I begin to feel proud Of my own self (The Moth, p75) The speaker eventually removes the picture of the white woman suggesting that black worth and beauty can only really exist in the absence of white colonialism. The poem ends in a victory of sorts as she declares that John, her lover has rejected the pale skin in favour of ‘His black ivory girl’.66 Kinky Haired Blues represents Marson’s quest for a more effective and authentic poetic voice in its use of African American speech.. The poem explores the rhythms and musical influences found in Harlem and gathering momentum about this time. Kinky Haired Blues like Cinema Eyes and Black is Fancy criticizes the oppressive beauty regime of white colonialism which seeks to disfigure and marginalize the black woman. The poem opens with the speaker attempting to find a beauty shop: Gwine find a beauty shop Cause I ain’t a belle Gwine find a beauty shop Cause I ain’t a lovely belle. The boys pass me by They say I’s not so swell (The Moth, p91) The speaker seeks to Europeanise her black features in an attempt to make herself more attractive. Male indifference experienced in the metropolis forces the speaker to see herself as an aberration, thrusting her onto the margins of a society which is continually projecting the idea that ‘white ‘is ‘right’. The beauty shop contains all the trappings of the colonizer’s idea of beauty, ‘ironed hair’ and ‘bleached skin’. Yet she is caught between being left to ‘die on de shelf’ 67 if she doesn’t change herself, or eradicating her ethnic features and therefore her inner self if she does. By using blues within the poetry she is able to communicate this misery felt within her, that male perceptions of beauty projected by the colonizers dictate that she must distort her own natural beauty in order to fit in and conform. The poem highlights the struggle Marson experiences in trying to preserve her selfhood against such oppressive cultural forces. Marson defiantly attempts to stand against this patriarchal order. She proudly announces that ‘I like me black face / And me kinky hair.’ Inspite of this brave stand Marson eventually succumbs and admits that she is ‘gwine press me hair / And bleach me skin.’ She, like Rhys can only resist internally to the colonialist’s ideals imposed on them. As writers voyaging into the metropolis both Rhys and Marson share in their writing a pervasive sense of isolation where, from the location of London, their particular voices and concerns are, at the time, not recognised. Both writers, from this isolated position on the periphery of the centre. explore issues of womanhood, race and identity,. Marson’s experiences bring about an acute awareness of her difference and ‘Otherness’ as a Black woman. Her work is a defiant voice against this marginalisation and isolation. She was, as Jarrett MaCauley claims ‘the first Black feminist to speak out against racism and sexism in Britain.’68 She was a pioneer in a growing literary culture which was to become the new postcolonial order. Rhys, by contrast, a white West Indian from Dominica was experiencing a declining white minority status against a growing black population, itself an isolating factor both at home and within the metropolis. Kenneth Ramchard suggests that the work of white West Indian writers is characterized by a sense of embattlement: â€Å"Adapted from Fanon we might use the phrase ‘terrified consciousness’ to suggest the White minority’s sensations of shock and disorientation as a smouldering Black population is released into an awareness of power.†69 It is this ‘terrified consciousness’ which contributes to the struggle experienced by Anna in Voyage in the Dark . Located simultaneously both inside and outside West Indian socio cultural history, her journey to the ‘mother country’ seeks only to exacerbate these feelings of ‘in-betweenness’ and to suffer feelings of dislocation and alienation. Both writers, therefore, in their voyage into the metropolis endure different kinds of anxieties in their sense of ‘unbelonging’ to either or both cultural worlds. Both use their writing to speak for the marginal, the hegemonic, the dispossessed, the colonized silenced female voice situated as they were within the cold, oppressive, hierarchical colonial metropolis attempting to impose an oppressive identity upon the exiled women.    1 George Lamming The Pleasures of Exile (London: Alison, 1960) p15 2 Palmer Adisa De Language Reflect Dem Ethos† in ‘The Winds of Change: The Transforming Voices of Caribbean Women Writers and Scholars’ ed. By Adele S. Newson and Linda Strong Leek. (New York: Peter Lang 1998 p23) 3 ‘The Winds of Change: The Transforming Voices of Caribbean Women Writers and Scholars’ ed By Adele S. Newson and Linda Strong-Leek. (New York: Peter Lang 1998 p6) 4 V.S. Naipaul New York Review of Books 1992. Quoted in Helen Carr Jean Rhys (Plymouth: Northcote House Publishers Ltd., 1996) p15 5 Helen Carr Jean Rhys (Plymouth: Northcote House Publishers Ltd., 1996) p. xiv 6 Delia Jarrett-MaCauley The Life of Una Marson (Manchester: Manchester University Press, 1998) p51 7 Edward W. Said Representations of the Intellectual (London: Vintage 1994) p49 8 Molly Hite The Other Side of the Story: Structures and Strategies of Contemporary Feminist Narrative Quoted in Joy Castro ‘Jean Rhys’ in The Review of Contemporary Fiction Vol. 20, 2000. www.highbeam.com/library/doc.3.asp p6.Accessed 1 December 2005. 9 Elaine Savory Jean Rhys p92 10 Elaine Savory Jean Rhys p93 11 Gayatri Spivak ‘Three Women’s Text and a Critique of Imperialism’ in Henry Louis Jr. Gates Race, Writing and Difference (Chicago: University of Chicago Press, 1987) p269 12Jean Rhys Voyage in the Dark (London: Penguin Books 1969) 13 Elaine Savoury Jean Rhys (Cambridge: Cambridge University Press 1998) p 95 14 Homi Bhabha ‘Remembering Fanon’, forward to Franz Fanon ‘s Black Skin, White Masks (London: Pluto, 1986) p ix 15 Homi Bhabha ‘The Other Question’ Location of Culture (London: Routledge 1994)p69 16 Ibid p69 17 Veronica Marie Gregg Jean Rhys’s Historical Imagination: Reading and Writing the Creole (North Carolina: The University of North Carolina Press, 1995) p115 18 Sue Thomas The Worlding of Jean Rhys ( Westport: Greenwood Press 1999) p106 19 Jean Rhys Voyage in the Dark p53 20 Ibid 21 Paul B. Rich Race and Empire in British Politics (Cambridge: Cambridge University Press, 1986) p19 22 Voyage in the Dark p56 23 Ibid p320 24 Homi Bhabha â€Å"DissemInation: Time, Narrative and the margins of the Modern Nation† The Location of Culture p319 25 Voyage in the Dark p7 26 Ibid p15 27 Ibid p16 28 Ibid p26 29 Ibid p45 30 Ibid p47 31 Ibid p7 32 Ibid p46 33 Homi Bhabha The Location of Culture p319 34 Voyage in the Dark p45 35 Homi Bhabha Location of Culture p85 36 Ibid p27 37 Ibid p62 38 Ibid p62 39 Teresa O’Connor The Meaning of the West Indian Experience for Jean Rhys (PhD dissertation, New York University, 1985)cited in Caribbean Woman Writers; Essays from the first International Conference. p19 40 Taken from Rhys’s non fictional analysis of Gender Politics. Veronica Gregg, Jean Rhys’s Historical Imagination p47 41 Helen Carr Jean Rhys, (Plymouth: Northcote House Publishers Ltd, 1996) p 77 42 Lloyd W. Brown, West Indian Poetry (London: Heineman, 1978) p 38 43 Denise deCaires Contemporary Caribbean Women’s Poetry: Making style (London: Routledge, 2002) p 2 44 Ibid p4 45 Una Marson The Moth and the Star, (Kingston, Jamaica: Published by the Author, 1937) p24 46 Homi Bhabha The Location of Culture, (London: Routledge, 1994) pp85-92 47 Delia Jarrett-MaCauley The Life of Una Marson pp 49, 50 48 The Routledge Reader in Caribbean Literature ed. Alison Donnell and Sarah Lawson Welsh (London: Routledge, 1996) p140-141 49 Ibid 50 Homi Bhabha Location of Culture p 320 51 Jarrett-MaCauley The Life of Una Marson p51 52 Ibid p51 53 Ibid p54 54 Una Marson ‘Little Brown Girl’, The Moth and the Star. (Jamaica: The Gleaner. 1937) p11 55 Ibid 56 Ibid p13 57 deCaires Narain puts forward an interesting link between Marson and Sam Selvon’s The Lonely Londoners highlighting external identity in her book Contemporary Caribbean Women’s Poetry p 21 58 Baudelaire The Painter and the Modern Life cited in Keith Tester The Flaneur (New York: Routledge, 1994), p 2 59 Ibid p3 60 Jarrett-MaCauley, p53 61 Ibid p50 62 Laurence A. Brainer An Introduction to West Indian Poetry (Cambridge: CUP, 1998), p154 63 Una Marson ‘Cinema Eyes’ The Moth and the Star. (Jamaica: The Gleaner.1937) p87 64 Franz Fanon Black Skins, White Masks (London: Pluto, 1986), p4 65 Una Marson ‘Black is Fancy’ The Moth and the Star p75 66 Ibid p76 67 Una Marson ‘Kinky Hair Blues’ The Moth and the Star p91 68 Jarret MaCauley pvii 69 Kenneth Ramchard The West Indian Novel and its Background (London: Faber, 1870), p225