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Posts tagged with "statute"

UniFacepalm

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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Bahrain Bother 2 (Big Questions)

Warning! Long entry alert!

 

At the end of the last blog entry I did, Bahrain Bother 1 (Background), I asked four quite big questions:

 

How can F1 justify sending its people into a country where there is probable danger over and above the inherent danger of racing at over 200 mph? What ethical responsibilities does the sport have, given that ethical expectations have changed across the world as well as in the Middle East? Politically, what can - or should - F1 do to prevent itself from facing similar problems in future? Oh, and is there anything F1's own psuedopolitical structures can learn from the lessons of the Middle East?

 

So I will now try to tackle each of these in turn, hopefully before the fate of the 2011 Bahrain Grand Prix is decided.

 

How can F1 justify sending its people into a country where there is probable danger over and above the inherent danger of racing at over 200 mph?

 

Well, there is always, at least in theory, danger to those who participate in F1 over and beyond the dangers inherent in the sport. I watched the excellent documentary "Graham Hill: Driven" last night, which among other things briefly discussed his death and that of a significant part of his team in an air crash travelling back from a test. Petty crime is a risk everywhere, but particularly highlighted in Brazil, where sporadic robberies involving guns occur and weaponless versions seemingly happen to at least one person in the F1 paddock every year. Even on-track protests are not unheard of, as Germany 2000, Britain 2003 and Spain 2006 demonstrate, and those can kill drivers (alongside anyone in the car's path) if done badly.

 

However, heading into a country where violent protests are a possibility in the very city the teams are staying is new territory. Unlike the dangers mentioned above, every member of every team is equally at risk Furthermore there is nothing anyone involved in F1 can do to reduce the risks once in the area and following travel advice.

 

On the other hand, plane crashes could theoretically be avoided by using less risky forms of transport. Petty crime tends to occur less to those who use safer routes, don't look like they have anything worth stealing and hire protection. The best protection against on-track protests has proven to be diligent marshals, these being the reason nobody has died from an on-track protest yet. None of these take the risks to zero, but they all help.

 

Speaking of travel advice, many countries on Saturday were advising not to travel unless essential. This is a state that renders standard insurance invalid. The FCO (official British travel adviser) is still advising people not to do non-essential travel, though following peaceful words from the Crown Prince and two days without bloodshed, the British embassy has re-opened for restricted service.

 

The F1 paddock did not sign up to the sport to be put in danger by third parties, so that sort of danger should be minimised as far as reasonably practicable. On Friday, with riotous clashes on the very roundabout many of the teams are due to stay, it was obviously not safe enough to go. Besides, previous revolutions have rarely been resolved in three weeks and uppermost in many people's minds were that three of the countries in the Middle East "protest dominoes" - Tunisia, Egypt and Jordan* have already experienced a revolution (if this is defined by ousting of governments).

 

However, the two days of peace make the question more difficult. Will this peace last? While some of the protesters are still refusing to come to the table, a danger exists that violence could resume. Having said that, the removal of the army from the equation has had a transformative effect on the situation.

 

I think, in the absence of more detailed knowledge about Bahrain, I will leave the question of whether the peace will last as an open question. The other part to this question is whether F1 can take that risk. I don't think it can - which the idealistic side of me thinks is a pity, but the pragmatic side believes is part of sensible risk management. Bahrain is in uncharted territory and F1 simply cannot afford the danger of having a lot of its people in the wrong place at the wrong time.

 

What ethical responsibilities does the sport have, given that ethical expectations have changed across the world as well as in the Middle East?

 

When the FIA was formed, it declared itself apolitical by statute. Hence, all championships it organises are bound by the code of not favouring any form of politics over others. At the time, it was considered completely and utterly normal for a sport to disavow any interest in political matters. Sporting ethics demanded that the only ethical policy of a sport was sportsmanship.

 

However, since then there has been a growth in the influence of sport on matters outside its strict domain. From the point that commercialism entered sport, it became rich. Riches gave power. While no sport governs any particular state, sport is frequently used as a badge of approval by certain countries. In particular, hosting a World Cup or an Olympics is seen as proof that a country is wealthy, good at organising itself and has a form of politics acceptable to the wider world.

 

The hosting of a F1 race has always suggested wealth. It can suggest good organisation but doesn't necessarily have to (provided the people doing the actual race organising are skilled at it, the rest of the nation can be as disorganised as it likes). Politics is another matter.

 

Beyond the concept of sportsmanship (which has become gradually less important to F1 over the years), the fact that the FIA runs the series implies other ethical considerations. This is because the FIA also has a road division. F1 doesn't represent itself any more; it has become the public face of an organisation trying to decrease deaths and injuries in a wider context.

 

It is not entirely clear what this means for F1 yet. The many who watch F1 without regard for its wider implied political role would consider it heresy for the road safety agenda to play any part in what F1 does or where it goes. Indeed, many people reading this blog will remember the time before F1 and road safety were linked (this being one of Max Mosley's ideas in 1993).

 

For those in the FIA wishing to avoid interdepartmental hypocrisy, however, it implies that countries which deliberately endanger lives on the roads should be avoided by F1. Going to places where the death toll is high is not a problem because the FIA can work with such places to reduce it. If the government itself is working cross-purposes. So how does this fit into Bahrain? Well, one of the places where there were deaths in the recent protests was at the Pearl Monument in Manama. Which is a roundabout. In other words, a circular road. And if the reports are to be believed, the army - agents of the government - were responsible for at least some of those deaths.

 

Nonetheless, I would conclude that this should not be sufficient to exclude Bahrain from consideration as a venue. This was an isolated incident involving a situation not generally considered in the FIA's messages concerning road safety. Nobody is suggesting that Bahrain is usually that cavalier about protests, let alone road safety...

 

So in conclusion, F1 does have some ethical responsibilities, but those are pretty much self-imposed and not particularly relevant to the situation at hand.

 

Politically, what can - or should - F1 do to prevent itself from facing similar problems in future?

 

 

Would it be possible for F1 to persuade politicians to refrain from actions that would make it difficult for it to race in their countries? Would it be wise?

 

Bernie Ecclestone has repeatedly said that he is in contact with the Crown Prince of Bahrain over the matter of whether F1 is safe to go there. This indicates that, at least for Bahrain, F1 has a channel with which to attempt political influence. It is certain that at some point, Bernie will have mentioned that peace would help reassure the powers-that-be that it might be possible to race at Sakhir after all.

 

I do not think anyone would argue that this sort of mild influence in an emergency situation is anything other than beneficial. In fact, many people have been asking for peace in Bahrain who have rather less stake in the matter. However, it does open a question of whether this could be done in other, less urgent circumstances.

 

It would be tricky. The FIA, as previously mentioned, is apolitical. The fact it still is is not a random decision. It enables them to work with any country in the world. This is especially important given that they are, as previously mentioned, involved in road safety work as well as organising motor racing. If a country believes that the FIA might use politics as a reason to proffer or withhold a Grand Prix, then it is far less likely to be receptive to its views on other matters. Even countries that do get a race will be looking over their shoulders because political viewpoints change rapidly, in many of the countries in which the FIA is involved if not within any part of the F1 paddock itself.

 

Also, what precisely would qualify as sufficient political cause to prevent a F1 race from being issued? Human rights violations have been cited, but every country has human rights violations of one sort or another. Some have more violations and/or different types than others, but every country has skeletons in the closet. Violence has been suggested too, but apart from violence in places the F1 circus will need, how does one separate the various degrees of violence that are considered permissible and those which are not?

 

So I would conclude that there is little F1 can do politically to protect itself from this sort of situation, even in terms of relatively uncontroversial things like avoiding politically unstable countries (unless of course the instability is of a type likely to prevent the race being run in the first place).

 

Is there anything F1's own psuedopolitical structures can learn from the lessons of the Middle East?

 

This final question reverses the focus. Up to now, it's been a question of if F1 should give the world anything from an ethico-political perspective. Now it's whether the world can give anything to F1.

 

In Bahrain Bother 1, I mentioned Frank Herbert's quote that "the layered society is an invitation to violence". While nobody is suggesting that anyone will ever get into fisticuffs over F1's psuedopolitics, the verbal equivalent is not only possible but has happened on numerous occasions.

 

The powers-that-be in F1 have many layers. Drivers, teams, officials, the FIA, CVC/Bernie, circuit organisers... ...so many interest groups, so little equality, so much potential for trouble.

 

It is difficult to use the standard political response to repair the issue. "Democracy" in F1 could never be especially representative because even surveys of F1 supporters have never netted much more than 100,000 total, despite the true number being well into the millions in many countries. Hardly the basis for a representative governance.

 

As for internal representativeness, there's a surfeit of those. FOTA, GPDA, OWG, MBNP (OK, I made the last one up...**). They don't seem to get to do a huge amount because of the pre-established power structures. Said structures seem to spend half their time getting in each other's way, let alone the way of these upstarts. It would take a wholesale reorganisation to stop this from happening but nobody seems to have the authority, let alone the appetite, to do it by themselves...

 

F1 can learn from the Middle East that there's an inherent problem with its structure. That said, the different countries there are each coming up with their own solutions to the problem of an inherently unstable layered society and so will F1.

 

Conclusions

 

F1 isn't very political, cannot become very political, but sadly cannot justify sending their people to Bahrain yet. It can certainly learn from the Middle East but applying the lessons will be difficult.

 

* - Jordan the country, I hasten to add, not Jordan the TV pundit...

** - MBNP hypothetically means Massive Bunch of Noisy People.

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