First of all, sorry for the long absence. I've had a lengthy spell where everything I've wanted to write has been either live-commenting or small enough to fit in a tweet or two. Neither fits my blogging style. I'll try not to let 10-week absences happen again.
Fury ignited this entry. It's the ongoing situation in Bahrain. Up until now, it's been a matter of ethics and safety whether F1 goes or not. Thanks to the Bahrain organiser's actions, it's become a matter of regulations.
I speak of the "UniF1ed" campaign - something which apparently has been happening for a while but only came to my attention last night. The organisers of the race may or may not have originated the campaign, but they are enthusiastically participating in it. Little do they appear to realise that they have endangered their race by doing so.
I draw your attention to the tagline "One Nation in Celebration". The pedants among you will deem this false - F1 is a worldwide event so, barring disaster, "Many Nations In Celebration" would be more accurate. The font used for it on the poster is difficult to read, but that's even more nit-picky. The big problem, however, is that it expresses a link between F1 and national unity.
Linking F1 and national unity probably doesn't seem that big a problem. It may even seem close enough to pro-social and "sport is good" themes to be helpful. I can only assume that was what the organisers thought when they decided to go down that path. Unfortunately for them, Article 1 of the FIA Statutes (PDF), in wording combined with its application and the reason for its existence, indicates otherwise.
Article 1 of the FIA Statutes says, among other things:
"The FIA shall refrain from manifesting racial, political or religious discrimination in the course of its activities and from taking any action in this respect."
Many thanks to the Midweek Motorsports Listener Collective on Facebook, particularly with regard to finding an ad in the campaign that further demonstrates the link the organisers are making between F1 and politics.
You may be wondering why I am using "linking F1 and politics" as synonymous with the "racial, political and religious discrimination" actually mentioned in Article 1 of the FIA Statutes. This is down to two things: the way Article 1 has been implemented and the reason Article 1 is required to exist.
The most recent use of Article 1 was to convict the Turkish GP organisers (TOSFED) of using the 2006 podium ceremony for political gain. Mehmet Ali Talat presented one of the trophies. This in and of itself wasn't a breach of Article 1. Had he been described as the regional governor of Turkish Cyprus, everything would have been fine (except for possible grumblings within Cyprus and Turkey). However, he was described as the head of state of the Republic of Cyprus, a state not recognised by the UN but is recognised by Turkey. That was deemed a breach of Article 1 of the FIA Statutes and of Article 151c of the International Sporting Code. This was for a one-off incident that was relatively subtle in its political aims and, importantly, did not connote political discrimination, only express a controversial political point.
Yes, part of the fine was for Article 151c, but a more significant breach of Article 1 would be sufficient for any penalty the FIA has to be levied. The "UniF1ed" campaign is clearly not a casual breach, nor is it a question of tick-boxing. Article 35 b) specifically mentions that any club not acting according to the expectations of the FIA (including by breaking any of the Statutes) can be struck off the roll. That is to say, the entire club and all associated activities can be dissolved. Obviously, this would include the very Grand Prix Bahrain was attempting to protect.
There is nothing in the Statute that requires a political statement to be true or demonstrable in order for it to be usable. Technically speaking, even explicit FIA approval wouldn't work, unless the message was specifically against racial, political or religious discrimination. "UniF1ed" isn't. Instead it is a message suggesting political unity already exists, which doesn't meet the exemption requirement.
As for why Article 1 of the FIA Statutes exists, it's mandatory for non-political organisations registered in France. This is because anti-discrimination and apolitical approaches are considered key elements in the sorts of groups France allows to be registered with them. If the FIA overlooks a breach of Article 1, it is under serious risk of being sent to the French civil courts and penalised. Dissolution is entirely possible, as is a large fine and (at least partial) loss of its autonomy over judging its own motorsports events.
That would open the door to everything from pitlane speeders to technical flouters to use the civil courts to challenge every single decision the FIA makes. Motorsport would grind to a halt. That assumes a lack of dissolution - that scenario would obviously have a serious deletrious effect on every branch of motorsport, including ones that never in a million years considered going to Bahrain.
Clearly none of this is in any motorsport fan's interest. It certainly doesn't help Bahrain organisers any!
There is no longer any need to reference political strife or anyone's safety to justify not going to Bahrain. Regulations now demand refusal to race - and refusal to support the race. Many have suggested this be done in the form of a boycott.
Thanks to the combined efforts of Sky (inaccessible, unaffordable and unethical) and BBC Radio (unintelligible in the races), I won't have a choice about watching the race. The most I'd have been able to do was follow it on Twitter. Having already had the difficult bit taken out of my hands, I am quite happy to boycott the 2012 Bahrain Grand Prix completely. The powers-that-be have already demonstrated they don't care about viewer figures due to sending the UK live rights to Sky, so I doubt the boycott will achieve anything.
For that matter, I'm not convinced the situation is safe enough to enable a viable attempt to hold the 2012 Bahrain GP. If inviability makes for a race cancellation on force majuere (which incidentally has to be done by the FIA if there is to be a Bahrain 2013), that would be helpful in the short term.
The breach of Statute would make the validity of copyright use of "F1" within "UniF1ed" questionable too. The licence the organisers have to include F1 in their marketing would surely not include uses in materials breaching the regulations, particularly ones underpinned by law. Some of the cases Bernie has lost on the topic mean there is not sufficient evidence for certainty in either direction. Even so, that wouldn't be Bahrain's biggest likely problem.
Its biggest problem in that scenario is that Bahrain would likely lose the race... ...on account of there being no viable authority to contract the race from in the first place.
For these reasons, it is wrong to support a race that's being used to support political strife in contravention of Article 1 of the FIA Statutes. As in, it's such a big contravention that, at minimum, the FIA will lose its ability to be the first and final place of judgment for matters involving its own series (everything would have to be made subject to the French civil courts). The French courts are rather sensitive about the whole "no politics" thing for non-political organisations. The moment Bahrain's organisers issued the "UniF1ed" ad campaign, it was in contravention of the regulations. That the FIA has (so far) let that campaign go ahead without comment is contemptible and puts the FIA - and every single series it runs, including those who'd never have gone to Bahrain in a million years - in a very vulnerable position.
It's in F1's and the FIA's interest not to wait for force majuere to come into effect, but to protect themselves by cancelling on the grounds of FIA Statute Article 1 breaches.
Until then... ...I don't see why I should have to applaud or condone the FIA's attempted self-destruction.
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