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Showing posts with label veto. Show all posts
Showing posts with label veto. Show all posts

Friday 2 June 2017

‘Superstar culture afflicts Indian cricket,’ writes Ram Guha as he resigns from panel

Dear Vinod,

It has been a pleasure working with Diana, Vikram and you in the Supreme Court Committee of Administrators. It has been an educative experience, spending long hours with three top-flight professionals from whom I have learned a lot in these past few months. However, it has been clear for some time now that my thoughts and views are adjacent to, and sometimes at odds with, the direction the Committee is taking as a whole. That is why I eventually decided to request the Supreme Court to relieve me of the responsibility, and submitted my letter of resignation to the Court on the morning of the 1st of June.

For the record, and in the interests of transparency, I am here listing the major points of divergence as I see it:

1. The question of conflict of interest, which had lain unaddressed ever since the Committee began its work, and which I have been repeatedly flagging since I joined. For instance, the BCCI has accorded preferential treatment to some national coaches (read Dravid) , by giving them ten month contracts for national duty, thus allowing them to work as IPL coaches/mentors for the remaining two months. This was done in an adhoc and arbitrary manner; the more famous the former player-turned-coach, the more likely was the BCCI to allow him to draft his own contract that left loopholes that he exploited to dodge the conflict of interest issue.

I have repeatedly pointed out that it is contrary to the spirit of the Lodha Committee for coaches or the support staff of the Indian senior or junior team, or for staff at the National Cricket Academy, to have contracts in the Indian Premier League. One cannot have dual loyalties of this kind and do proper justice to both. National duty must take precedence over club affiliation.

I had first raised this issue to my COA colleagues in an email of 1st February, and have raised it several times since. I had urged that coaches and support staff for national teams be paid an enhanced compensation, but that this conflict of interest be stopped. When, on the 11th of March, I was told that that there was a camp scheduled for young players at the National Cricket Academy but at least one national coach was likely to be away on IPL work and might not attend the camp, I wrote to you:

No person under contract with an India team, or with the NCA, should be allowed to moonlight for an IPL team too.

BCCI in its carelessness (or otherwise) might have drafted coaching/support staff contracts to allow this dual loyalty business, but while it might be narrowly legal as per existing contracts, it is unethical, and antithetical to team spirit, leading to much jealousy and heart-burn among the coaching staff as a whole. This practice is plainly wrong, as well as antithetical to the interests of Indian cricket.

I would like an explicit and early assurance from the BCCI management that such manifestly inequitous loopholes in coaching/support staff contracts will be plugged.

Yet no assurance was given, and no action was taken. The BCCI management and office-bearers have, in the absence of explicit directions from the COA, allowed the status quo to continue.

2. I have also repeatedly pointed to the anomaly whereby BCCI-contracted commentators simultaneously act as player agents. In a mail of 19th March to the COA I wrote:

Dear Colleagues,

Please have a look at this news report:

http://indianexpress.com/article/sports/cricket/pmg-signs-up-shikhar-dhawan-for-3-years-2776329/

Sunil Gavaskar is head of a company which represents Indian cricketers while commenting on those crickters as part of the BCCI TV commentary panel. This is a clear conflict of interest. Either he must step down/withdraw himself from PMG completely or stop being a commentator for BCCI.

I think prompt and swift action on this matter is both just and necessary. COA’s credibility and effectiveness hinges on our being able to take bold and correct decisions on such matters. The ‘superstar’ culture that afflicts the BCCI means that the more famous the player (former or present) the more leeway he is allowed in violating norms and procedures. (Dhoni was captain of the Indian team while holding a stake in a firm that represented some current India players.) This must stop – and only we can stop it.


Yet, despite my warnings, no action has been initiated in the several months that the Committee has been in operation.

As the mail quoted above noted, one reasons the conflict of interest issue has lingered unaddressed is that several of the game’s superstars, past and present, have been guilty of it. The BCCI management is too much in awe of these superstars to question their violation of norms and procedures. For their part, BCCI office-bearers like to enjoy discretionary powers, so that the coaches or commentrators they favour are indebted to them and do not ever question their own mistakes or malpractices. But surely a Supreme Court appointed body should not be intimidated by the past or present achievements of a cricketer, and instead seek to strive to be fair and just.

Conflict of interest is rampant in the State Associations as well. One famous former cricketer is contracted by media houses to comment on active players while serving as President of his State Association (read Ganguly). Others have served as office-bearers in one Association and simultaneously as coaches or managers in another. The awarding of business contracts to friends and relatives by office-bearers is reported to be fairly widespread.

Had we been more proactive in stopping conflict of interest within the BCCI (as per Lodha Committee recommendations, endorsed by the Court), this would surely have had a ripple effect downwards, putting pressure on State Assocations to clean up their act as well.

3. Unfortunately, this superstar syndrome has also distorted the system of Indian team contracts. As you will recall, I had pointed out that awarding MS Dhoni an ‘A’ contract when he had explicitly ruled himself out from all Test matches was indefensible on cricketing grounds, and sends absolutely the wrong message.

4. The way in which the contract of Anil Kumble, the current Head Coach of the senior team, has been handled. The Indian team’s record this past season has been excellent; and even if the players garner the bulk of the credit, surely the Head Coach and his support staff also get some. In a system based on justice and merit, the Head Coach’s term would have been extended. Instead, Kumble was left hanging, and then told the post would be re-advertised afresh.

Clearly, the issue has been handled in an extremely insensitive and unprofessional manner by the BCCI CEO and the BCCI office-bearers, with the COA, by its silence and inaction, unfortunately being complicit in this regard. (Recall that the Court Order of 30 January had expressly mandated us to supervise the management of BCCI.) In case due process had to be followed since Kumble’s original appointment was only for one year, why was this not done during April and May, when the IPL was on? If indeed the captain and the Head Coach were not getting along, why was this not attended to as soon as the Australia series was over in late March? Why was it left until the last minute, when a major international tournament was imminent, and when the uncertainty would undermine the morale and ability to focus of the coach, the captain and the team? And surely giving senior players the impression that they may have a veto power over the coach is another example of superstar culture gone berserk? Such a veto power is not permitted to any other top level professional team in any other sport in any other country. Already, in a dismaying departure from international norms, current Indian players enjoy a veto power on who can be the members of the commentary team (read departure of Harsha Bhogle). If it is to be coaches next, then perhaps the selectors and even office-bearers will follow?

5. Ever since the Supreme Court announced the formation of the COA, we have been inundated, individually and collectively, by hundreds of mails asking us to address various ills that afflict Indian cricket and its administration. While many of these issues were trivial or clearly beyond our purview, there was one concern that we should have done far more to address. This concerns the callous treatment to domestic cricket and cricketers, namely, those who represent their state in the Ranji Trophy, the Mushtaq Ali Trophy, and other inter-state tournaments. The IPL may be Indian cricket’s showpiece; but surely the enormous revenues it generates should be used to make our domestic players more financially secure? There are many more Indian cricketers who make their living via the Ranji Trophy than via IPL; besides, for us to have a consistently strong Test team (especially overseas) we need a robust inter-state competition and therefore must seek to compensate domestic players better.

And yet, shockingly, Ranji match fees have remained at a very low level (a mere Rs 30,000 odd for each day of play); moreover, cheques for match fees sent by the BCCI are sometimes not passed on by the state associations to the players. We need to learn from best practices in other countries, where domestic players are awarded annual contracts like those in the national team, while their match fees are reasonably competitive too.

Several months ago, the experienced cricket administrator Amrit Mathur prepared an excellent note on the need for better and fairer treatment of domestic players. Both Diana and I have repeatedly urged action, but this has not happened.

6. I believe it was a mistake for the COA to have stayed silent and inactive when the Supreme Court judgment was being so flagrantly violated by people clearly disqualified to serve as office bearers of state and even BCCI run cricket bodies. The disqualified men were openly attending BCCI meetings, claiming to represent their state association, and indeed played a leading role in the concerted (if fortunately in the end aborted) attempt to get the Indian team to boycott the Champions Trophy. All these illegalities were widely reported in the press; yet the COA did not bring them to the notice of the Court, and did not issue clear directions asking the offenders to desist either.

7. I believe that the lack of attention to these (and other such issues) is in part due to the absence of a senior and respected male cricketer on our Committee. Allow me to quote from a mail I wrote on 1 February 2017, before our first full meeting:


Dear fellow members,

I much look forward to meeting you all later today. I know Vikram already and greatly admire both Vinod and Diana for their remarkable work in their chosen fields, and am truly honoured to be working with them as well.

I presume apart from discussing IPL, etc, with the BCCI representative we will get some time to discuss the way forward separately. I have several ideas which I wish to share with you about our collective responsibility, and wanted in this mail to flag what is most important of these. This is that we must incorporate into our committee of administrators, either as a full member or as a special invitee, a senior male cricketer with the distinction and integrity that Diana has. That will greatly enhance both our credibility and our ability to make informed decisions.

The absence of a respected male cricketer in the COA has attracted a great deal of criticism already, much of it from important stakeholders in Indian cricket. It must be addressed and remedied. The amicus curae had suggested two outstanding names, Venkat and Bedi, both of whom were rejected because they were over seventy. However, there are some cricketers of the right age and experience who fit the bill. Based on my knowledge of the subject, I would say Javagal Srinath would be an excellent choice. He is a world-class cricketer, was a successful and scandal-free Secretary of the Karnataka State Cricket Association and is an ICC match referee, and comes from an educated technical background to boot. I strongly urge the Chairman and the other members to consider approaching him in this regard. He would complement Diana perfectly, and the combination of these two respected and top class former cricketers would enhance our credibility and effectiveness enormously.

While Srinath is in my view the best choice, there are other alternative names too. I hope we can set aside some time at our meeting to discuss and resolve the issue.

With regards
Ram


p.s. Needless to say, I have not discussed this with Srinath or with anyone else.

I raised this issue in a formal meeting of the COA as well, but unfortunately my proposal to invite a senior male cricketer to join the committee was not acted upon. We should have approached the Court to take necessary action, or else incorporated a senior, respected, male cricketer as a special invitee. With such a person on board the COA would have gained in experience, knowledge, understanding, and, not least, credibility. Indeed, had we such a person on board, the BCCI management and the office-bearers would have been compelled to be far more proactive in implementing the Lodha Committee recommendations than they have been thus far. As the only cricketer on the COA, Diana’s contributions have been invaluable; on many issues of administration and the rights of players she has brought a perspective based on a first-hand experience that the rest of us lacked. A male counterpart would have complemented and further enriched her contributions; but perhaps it is not too late to make amends.

8. While all our meetings were held in a cordial atmosphere, between meetings perhaps there was not adequate consultation, and there were several crucial decisions made where all the COA members were not brought into the loop. For instance, a capable, non-political Senior Counsel representing the COA and the BCCI in the Supreme Court was abruptly replaced by another Senior Counsel who is a party politician. Surely other COA members should have been consulted by email or by phone before this important change was made.
I have taken too much of your time already, but permit me to make one last suggestion. This is that the place vacated by me on the Committee of Administrators be filled by a senior, respected, male cricketer with administrative experience.

Let me in conclusion thank you for your courtesy and civility these past few months, and wish you and the Committee all the best in your future endevours.

With best wishes

Ramachandra Guha

Thursday 27 October 2016

Stop comparing the Canadian Ceta deal to Brexit – we are going to suffer much more in our trade negotiations

James Moore in The Independent


Those Brexiteers who fondly believe that Britain will be able to have its cake and eat it too as regards trade with the EU often used to like to point to Canada as a potential model for our future relationship with our former partners.

Canada, you see, was in the process of negotiating a trade deal that would have eliminated nearly all the tariffs between the two sides.

It would have thus facilitated access to the European single market for the country without it being a member and having to accept lots of Europeans turning up and looking for work in Toronto.

Everything was going swimmingly until, that is, the Walloons of Belgium kicked up a fuss and threatened to derail the deal, the future of which is now hanging on a knife edge.

To get agreements like the Comprehensive Economic and Trade Agreement (Ceta) up and running requires the assent of all of the EU’s 28 member states. Unfortunately, before Belgium can add its name to the list it first has to secure the assent of six regional assemblies. The Wallonian one is worried about the impact of the deal on its farmers.

Cue a blizzard of statements, and counter statements, and threats and counter threats, as both sides face up to the fact that they may have wasted seven years of complex and painstaking work.

Critics of the EU in Britain have used the debacle to bolster the case for leaving.

But critics within the EU have tabled a rather different argument. They suggest that the problem lies with Brussels having ceded too much control over trade to national Parliaments. There is a rich irony in the fact that Britain and its Eurosceptics are part of the reason for that.

For years they preached the virtue of national vetoes and subsidiarity. No handing power to Brussels Bureaucrats!

That may now come back to bite them because it might just scupper hopes of securing a favourable trade deal with Europe.


But, but, but we buy lots from the Wallonian farmers so they won’t have a problem with us!

That was the knuckle-headed response of Brexit supporting minister Chris Grayling. We’ve heard many variants on that sort of theme in recent months.

It’s true that Grayling’s flimsy argument was given something of a boost when the entirely more substantial figure of Germany’s Angela Merkel said she didn’t necessarily see parallels between this debacle and the upcoming talks between the UK and the EU.

But what if someone does kick up a fuss when the outcome of those talks becomes known? Germany might not, despite the childish insults lobbed its way by some right wing politicians and some right wing newspapers. Germany, however, doesn’t speak for the entire EU.

Perhaps the Spanish will decide to throw a spanner into the works unless there’s some movement on the question of Gibraltar. You could hardly blame the Poles for digging their heels in given the way Britain has treated the citizens of that country who live here. Maybe the French will decide it’s time for some payback for past British obstructionism.

Hang on, I hear you say, they’re grown ups. They surely wouldn’t stoop to such tactics. They’ll want a deal that works for both sides too.

Perhaps that’s so. But would you really be confident in ruling out the risk of a repeat performance when it’s Britain’s turn?


The Canadians will manage without this deal. They’re already part of the North American Free Trade Agreement, and they have trade deals in place with other countries besides.

Britain shorn of the EU has nothing of the sort. And it has a very different international image to the one that Canada has.

You couldn’t imagine its Prime Minister Justin Trudeau not guaranteeing the rights of Europeans living in his country if the issue cropped up, or of tolerating calls for child refugees to submit to dental testing.

Goodwill and good PR are powerful currencies, and Trudeau has lots of both, in stark contrast to Theresa May’s nasty and inward looking Tory administration.

An administration that doesn’t appear to have anything resembling a strategy beyond waving its fists, stomping its feet and threatening to go home and sulk if its former European friends won’t play the game by its rules.

Soon the reality of that will start to bite. The sort of problems Canada is having with Europe may ultimately pale by comparison to the ones faced by Britain.

We’ll know who to blame when they emerge. Clue: it won’t be the Wallonian farmers or their surrogates.

Monday 12 October 2015

End the Sena’s veto power

Editorial in The Hindu


What the Shiv Sena could earlier do only with threats of violence, it can now do with a mere letter or an appeal. The organisers of concerts planned in Mumbai and Pune by Pakistani ghazal singer Ghulam Ali were quick to cancel the programmes after the Shiv Sena asked them not to host a singer belonging to a “country which is firing bullets at Indians”. A meeting with Sena supremo Uddhav Thackeray must have convinced the organisers that the letter of request to cancel the show had the sanction of those at the very top of the Sena leadership, and that the “request” was no less than a threat in disguise. Now that it is in power, the Sena can effectively veto any cultural programme without even organising a public protest. The lesson that the organisers would have taken from the Sena’s missive is that no help would be forthcoming from officialdom in a State where a party that draws support from lumpen elements is in power. From digging up the cricket pitch and forming balidani jathas to stop matches between India and Pakistan, the Sena is known to oppose any kind of cultural or sporting interaction between India and Pakistan. Now that it is in power, the Sena seems intent on its agenda of imposing a boycott on all things Pakistani without resorting to open threats or violence.

The irrationality seems to have struck all but the most ardent of the Sena’s supporters. While Delhi Chief Minister Arvind Kejriwal spoke to Ghulam Ali and persuaded him to agree to come to Delhi for a concert in December, West Bengal Chief Minister Mamata Banerjee offered to host him in Kolkata. But the issue is far more important than Ghulam Ali being able to perform in India. This is not on whether art, culture and sport can bring people together or worsen relations between nations. Whether they do one or the other depends on the peoples involved, and not on some intrinsic quality of these forms. The issue actually relates to the unbridled political power that the Sena wields in Maharashtra, a power that is not drawn from any electoral mandate, a power that is not accountable to any democratic institution. The Sena quite arrogantly assumes it can speak for all people when it asks for a show to be cancelled “considering the emotions of the citizens”. If the Sena was so offended by a Pakistani artiste performing in Maharashtra, it could have asked its supporters to stay away from it. The Sena’s senior ally in government, the BJP, and Chief Minister Devendra Fadnavis, need to guard against a repeat of such incidents. What is at stake is not the right of a Pakistani artiste to perform in India, but the right of Indians to decide who they can listen to or watch in India.

Monday 23 June 2014

Cricket to become a private club

Daniel Brettig in Cricinfo

Melbourne is something of a Mecca for private members clubs. From the Melbourne Club and the Australian Club to the Kelvin Club and the Melbourne Cricket Club itself, the private meetings of well-heeled businessmen in wood-panelled dining rooms by open fires, all members by invitation only, are part of the fabric of the city. On Albert Street in East Melbourne the United Grand Lodge of Victoria stares forbiddingly down towards the MCG - who can forget that Sir Donald Bradman was himself a Freemason?
So it is entirely fitting that international cricket's redefinition as a private club, with the BCCI's banned board president N Srinivasan crowned as its omnipotent chairman, will take place in the MCC Members Dining Room this week. Since 1877 the MCG has hosted all manner of cricketing feats, but not since that first Test match between Australia and England has it been the scene of a more significant moment than this.
A re-shaping of the international game that began more or less in secret, during meetings between Srinivasan, the ECB chairman Giles Clarke and the Cricket Australia chairman Wally Edwards over the past two years, will reach fruition at the ICC's annual conference. While the broad resolutions for the new landscape have been known since January, their inking into law will be the point of completion, and some contemplation. There can be no going back from here.
After Thursday's centrepiece conference meeting the ICC's constitution will be changed drastically, setting up the boards of the "big three" nations as commercially-motivated navigators for cricket, and abandoning much of the expansionist vision favoured by ICC management in recent years. Instead the game's current balance of power will be definitively entrenched, as India, England and Australia take a larger slice of revenue from ICC events in addition to their existing windfalls from bilateral tours.
The game's most influential decision-making will no longer take place at the executive board table but at the more exclusive meetings of ExCo, the five-member working group that will have UN security council-styled permanent membership for the BCCI, ECB and CA. Edwards will chair ExCo for one year and his CA successor David Peever, the next. Clarke is already head of the ICC's finance committee, and Srinivasan's coronation will complete the triumvirate.
Srinivasan's ascension will take place despite the reservations of many. The Supreme Court of India has barred Srinivasan from his duties as BCCI president while the investigation into corrupt activities around the IPL and Chennai Super Kings is ongoing: members of the ICC's executive board have personally expressed to him their preference for Srinivasan to refrain from taking the international post until it has concluded. The conflict of interest inherent in Srinivasan's ownership of Super Kings alongside his cricket administration has also been mentioned, but always excused by the fact the BCCI allowed it.
Chief among those expressing caution has been Edwards, an architect of vast governance change at CA but compelled to work more pragmatically at the ICC. Earlier this month he reportedly called Srinivasan to discuss the implications of his appointment as chairman while still under investigation, and to seek reassurance that there would be no surprises later on if he did take up the post this week. The image of President Nixon's second inauguration playing on a newsroom television at the Washington Post while Woodward and Bernstein tap out the stories that will lead to his resignation spring to mind.
"We respect the right of each nation to nominate their representative on the ICC," Edwards said ahead of the conference. "With that comes great responsibility to ensure representatives comply with the standards required to govern the game. I have been assured by Mr Srinivasan, legally and by ICC management that there is nothing preventing the BCCI putting him forward as a candidate for chairman. I accept that and am confident that Mr Srinivasan can play an important role in strengthening world cricket."
Edwards is well aware of said standards as the primary author of a new ethics code for the ICC board and administration, a document broader in some senses but more restrictive in others. Accusations against members can now only be made by fellow signatories of the code, a change that underlines the shift to private membership values as much as anything else. The responsibilities of members to act in the best interests of the ICC itself have been stripped away, instead they will be freed up to do whatever their own countries would best prefer, formalising a mindset of self-interest that has long existed. Should Srinivasan be removed in the future, it will be under the terms of this code.
But Srinivasan is nothing if not determined, and in repeatedly asserting his innocence of any wrongdoing has persuaded the executive board, the BCCI and the Supreme Court that allegations of major impropriety should not stop him from taking the role. India's administrators seem largely content to allow Srinivasan to represent them overseas, while there appears to be little will to prevent his coronation in Melbourne - a repeat of the John Howard coup de'tat at the 2010 conference in Singapore looks unlikely.
As significant as the unveiling of the new chairman will be the long-delayed and much debated signing of the Members Participation Agreement for ICC events. This document, and the BCCI's refusal to sign it until the shape of the game was changed to reflect its view of the world and financial contribution to it, was the catalyst for cricket's current direction. There will be little fanfare around the boards putting pen to paper, but the gravity of the moment will not be lost on those in the room.
Elsewhere the game's Associate and Affiliate members will be forced to swallow numerous changes, including a raising of the bar in terms of membership criteria, and the loss of the revenue they will gain from ICC events relative to the old structure. The carrot of Test match participation will be dangled, but only over the course of an eight-year cycle. World Cup participation is also set to be restricted, as the tournament reverts to a 10-team model after next year's edition in Australia and New Zealand.
Other vestiges of earlier attempts by ICC management to broaden the game will be removed. A report into the possibility of cricket at the Olympics will be tabled, confirming why it will never happen so long as India and England have anything to do with the decision. The ACSU, cricket's independent watchdog for corruption, will soon be asked to report not to the ICC chief executive but to ExCo and the executive board. Whatever the current chairman Sir Ronnie Flanagan has said about preserving the unit's independence, the new model cannot be said to have done so.
Finally, after the conference concludes, members will sit down to the serious business of their first committee and board meetings under the new structure. Friday and Saturday will be taken up by the first acts of the new order, as Srinivasan, Edwards and Clarke chair the meetings of the private members club they have created. There will be no funny hats or ancient robes, but the tone, form and function of cricket's governance will reflect nothing so much as the clubs of Melbourne and beyond. The words of the Stonecutters' anthem immortalised by The Simpsons will seem a fitting accompaniment:
Who controls the British crown? Who keeps the metric system down? We do, we do!
Who keeps Atlantis off the maps? Who keeps the Martians under wraps? We do, we do!

Tuesday 10 September 2013

Obama's rogue state tramples over every law it demands others uphold


For 67 years the US has pursued its own interests at the expense of global justice – no wonder people are sceptical now
US fire white phosphorous at Taliban
US troops fire a white phosphorous mortar towards a Taliban position on 3 April 2009 in Helmand province, Afghanistan. Photograph: John Moore/Getty
You could almost pity these people. For 67 years successive US governments have resisted calls to reform the UN security council. They've defended a system which grants five nations a veto over world affairs, reducing all others to impotent spectators. They have abused the powers and trust with which they have been vested. They have collaborated with the other four permanent members (the UK, Russia, China and France) in a colonial carve-up, through which these nations can pursue their own corrupt interests at the expense of peace and global justice.
Eighty-three times the US has exercised its veto. On 42 of these occasions it has done so to prevent Israel's treatment of the Palestinians being censured. On the last occasion, 130 nations supported the resolution but Barack Obama spiked it. Though veto powers have been used less often since the Soviet Union collapsed in 1991, the US has exercised them 14 times in the interim (in 13 cases to shield Israel), while Russia has used them nine times. Increasingly the permanent members have used the threat of a veto to prevent a resolution being discussed. They have bullied the rest of the world into silence.
Through this tyrannical dispensation – created at a time when other nations were either broken or voiceless – the great warmongers of the past 60 years remain responsible for global peace. The biggest weapons traders are tasked with global disarmament. Those who trample international law control the administration of justice.
But now, as the veto powers of two permanent members (Russia and China) obstruct its attempt to pour petrol on another Middle Eastern fire, the US suddenly decides that the system is illegitimate. Obama says: "If we end up using the UN security council not as a means of enforcing international norms and international law, but rather as a barrier … then I think people rightly are going to be pretty skeptical about the system." Well, yes.
Never have Obama or his predecessors attempted a serious reform of this system. Never have they sought to replace a corrupt global oligarchy with a democratic body. Never do they lament this injustice – until they object to the outcome. The same goes for every aspect of global governance.
Obama warned last week that Syria's use of poisoned gas "threatens to unravel the international norm against chemical weapons embraced by 189 nations". Unravelling the international norm is the US president's job.
In 1997 the US agreed to decommission the 31,000 tonnes of sarinVXmustard gas and other agents it possessed within 10 years. In 2007 it requested the maximum extension of the deadline permitted by the Chemical Weapons Convention – five years. Again it failed to keep its promise, and in 2012 it claimed they would be gone by 2021. Russia yesterday urged Syria to place its chemical weapons under international control. Perhaps it should press the US to do the same.
In 1998 the Clinton administration pushed a law through Congress which forbade international weapons inspectors from taking samples of chemicals in the US and allowed the president to refuse unannounced inspections. In 2002 the Bush government forced the sacking of José Maurício Bustani, the director general of the Organisation for the Prohibition of Chemical Weapons. He had committed two unforgiveable crimes: seeking a rigorous inspection of US facilities; and pressing Saddam Hussein to sign the Chemical Weapons Convention, to help prevent the war George Bush was itching to wage.
The US used millions of gallons of chemical weapons in Vietnam, Laos and Cambodia. It also used them during its destruction of Falluja in 2004, then lied about it. The Reagan government helped Saddam Hussein to wage war with Iran in the 1980s while aware that he was using nerve and mustard gas. (The Bush administration then cited this deployment as an excuse to attack Iraq, 15 years later).
Smallpox has been eliminated from the human population, but two nations – the US and Russia – insist on keeping the pathogen in cold storage. They claim their purpose is to develop defences against possible biological weapons attack, but most experts in the field consider this to be nonsense. While raising concerns about each other's possession of the disease, they have worked together to bludgeon the other members of the World Health Organisation, which have pressed them to destroy their stocks.
In 2001 the New York Times reported that, without either Congressional oversight or a declaration to the Biological Weapons Convention, "the Pentagon has built a germ factory that could make enough lethal microbes to wipe out entire cities". The Pentagon claimed the purpose was defensive but, developed in contravention of international law, it didn't look good. The Bush government also sought to destroy the Biological Weapons Convention as an effective instrument by scuttling negotiations over the verification protocol required to make it work.
Looming over all this is the great unmentionable: the cover the US provides for Israel's weapons of mass destruction. It's not just that Israel – which refuses to ratify the Chemical Weapons Convention – has used white phosphorus as a weapon in Gaza (when deployed against people, phosphorus meets the convention's definition of "any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm").
It's also that, as the Washington Post points out: "Syria's chemical weapons stockpile results from a never-acknowledged gentleman's agreement in the Middle East that as long as Israel had nuclear weapons, Syria's pursuit of chemical weapons would not attract much public acknowledgement or criticism." Israel has developed its nuclear arsenal in defiance of the non-proliferation treaty, and the US supports it in defiance of its own law, which forbids the disbursement of aid to a country with unauthorised weapons of mass destruction.
As for the norms of international law, let's remind ourselves where the US stands. It remains outside the jurisdiction of the International Criminal Court, after declaring its citizens immune from prosecution. The crime of aggression it committed in Iraq – defined by the Nuremberg tribunal as "the supreme international crime" – goes not just unpunished but also unmentioned by anyone in government. The same applies to most of the subsidiary war crimes US troops committed during the invasion and occupation. Guantánamo Bay raises a finger to any notions of justice between nations.
None of this is to exonerate Bashar al-Assad's government – or its opponents – of a long series of hideous crimes, including the use of chemical weapons. Nor is it to suggest that there is an easy answer to the horrors in Syria.
But Obama's failure to be honest about his nation's record of destroying international norms and undermining international law, his myth-making about the role of the US in world affairs, and his one-sided interventions in the Middle East, all render the crisis in Syria even harder to resolve. Until there is some candour about past crimes and current injustices, until there is an effort to address the inequalities over which the US presides, everything it attempts – even if it doesn't involve guns and bombs – will stoke the cynicism and anger the president says he wants to quench.
During his first inauguration speech Barack Obama promised to "set aside childish things". We all knew what he meant. He hasn't done it.

Wednesday 16 January 2013

Ministers accused of exploiting royal veto to block embarrassing legislation

Bills on Iraq, Rhodesia and hereditary titles were blocked by Queen - on advice of ministers who had political objections
Tam Dalyell
Tam Dalyell, the sponsor of a 1999 bill that aimed to give MPs a vote on military action against Saddam Hussein, said he is 'incandescent and angry' that it was blocked by the Queen under apparent influence from Tony Blair’s government. Photograph: Murdo Macleod
Government ministers have exploited the royal family's secretive power to veto new laws as a way to quell politically embarrassing backbench rebellions, it was claimed on Tuesday.

Tam Dalyell, the sponsor of a 1999 parliamentary bill that aimed to give MPs a vote on military action against Saddam Hussein, said he is "incandescent and angry" that it was blocked by the Queen under apparent influence from Tony Blair's government. It also emerged that Harold Wilson used the Queen's power to kill off politically embarrassing bills about Zimbabwe and peerages.

MPs and republicans have complained the little-known power to veto or consent to new legislation grants the Queen and Prince Charles unwarranted powers and is undemocratic. Detail about its application is only now emerging as a result of a freedom of information campaign by a legal scholar, and the Guardian revealed on Monday at least 39 different laws have been subject to the secretive royal consent arrangement.

Dalyall's military actions against Iraq bill would have given parliament sole authority to sanction strikes on Iraq, and he alleged Blair's government told Buckingham Palace the Queen should withhold her consent. The bill was introduced a month after the US and UK operation Desert Fox air strikes against Iraq.

"The issue as far as I am concerned is that Buckingham Palace was used by Downing Street," said Dalyell. "I don't blame the palace … this was entirely the handiwork of Downing Street. It was about snuffing out a measure they feared would have a lot of support. It was a sneaky way of avoiding an issue that should have come before the House of Commons."

Dalyell said he had been contacted by one of the Queen's aides following the blocking of his backbench bill and he understands the government instructed the Queen to refuse consent in order to kill off a proposal that was gaining Labour support among MPs opposed to military action in Iraq.
That appears to be supported by a Buckingham Palace statement on the application of the veto, which said: "The sovereign has not refused to consent to any bill affecting crown interests unless advised to do so by ministers."

A Cabinet Office spokesman said it would not "discuss any discussions between us and the royal palaces". Alastair Campbell, the prime minister's communications adviser at the time the bill was quashed, said he could not recall the case.

Dalyell said he was concerned that the power could be used to prevent parliament from intervening in future war plans through private members' bills.

"This could happen again," he said. "The palace has to be very careful not to do the government's dirty work. They blocked my bill because the government thought they were threatened in the House of Commons. This is relevant today. I was angry then and I still am."

At least two other bills have been blocked by the Queen, it emerged , both on the advice of ministers who had political objections. The first came in 1964 in the case of the titles (abolition) bill, which was embarrassing to Harold Wilson's newly elected Labour government, which had a slender majority and did not want any legislative debate about the desirability of titles such as lordships and damehoods.

The other was the Rhodesia independence bill of 1969 which sought autonomy for the African colony which Wilson's government was opposed to while it was in a state of rebellion. The examples were identified by Professor Rodney Brazier, a legal academic and informal constitutional adviser to the Queen's private secretary, in an academic paper published in the Cambridge Law Journal in 2007.

Chloe Smith, the Cabinet Office minister, said the Queen and Prince Charles had not vetoed any bills in the past decade, but it remains unknown which, if any bills, have been altered during the consent process. MPs and peers have been calling for greater transparency over the application of the royal powers of consent, but Smith this week told parliament the government would not publish a full account of which bills have been subject to royal consent because it would be too expensive.

Wednesday 8 February 2012

My Weltanschhaung - 8/2/2012

I watched Prime Minister's questions and noticed that everytime David Cameron felt uncomfortable, he used David Miliband to beat Ed Miliband with. I wondered what that had to do with Ed's questions on the NHS.

I have come to the conclusion that reform or not the NHS will get progressively worse year upon year.

I was surprised at the all party unity in the UK on invading Syria and the hatred towards the Russian and Chinese veto at the UN. Who said imperialism was dead?

I look forward to Argentina raising the Falklands issue at the UN. Will the UK use its veto then?

On of my students opined that a small shareholder could influence decision making in a big corporation, and hence he was a believer in corporate democracy as against political democracy.


I watched two BBC programmes on the ancient African kingdoms of Ashante and Zulu. Very Good.