LAW
AND POLITICS
BY
LLOYD
NOEL
During
the next couple months, the world sporting fraternity will be concentrated
on the Football World Cup due to be held in Germany in June this
year.
And for us in the Caribbean it holds some special interest, because
our neighbours in Trinidad and Tobago - “The Soca Warriors”
- are in the Finals for the first time. And being the kind of caring
people we are, when it comes down to Sports and Athletics, am sure
the whole Caribbean will be rooting for those “Soca Warriors”
as though it is the West Indies Cricket team in operation.
But no sooner the last whistle goes off in Germany in June, and
the World Cup Champions are known world wide, whoever they maybe,
all eyes and attention will be firmly focused on the Caribbean Nations
and Cricket World Cup 2007 in the Caribbean.
And although only Nine Islands/Countries will be actually hosting
matches in the competition, there can be no doubt whatsoever - that
as the actions and activities in all those States, or in anyone
of them, get hotter and closer to March/April, 2007, the curious
eyes of the Sporting World, as well as the tourist and travelling
public generally, will be on the Caribbean as a whole.
So that whatever takes place, or is said or done by those in authority
or their agents, in any one State will have repercussions for the
area as a whole. The advertising of what we have and what we can
offer to visitors, not just for the World Cup in 2007, but for tourists
to come back to our shores for years afterwards, so as to justify
the large expenditures the smaller States are undertaking for this
Cricket Bonanza - cannot be left for show-casing only during the
days of actual Cricket matches in those Nine host Countries.
The Televising, and sponsorship, and showcasing of the various islands
attractions for future visitors, all have their own kinds of legal
problems in the context of the Cricket World Cup in 2007 - and I
will come back to some of those later on in this article.
But in the context of actions and statements by officials and agents
of the respective hosts countries, and the possible impact that
can result therefrom - to the future detriment of the particular
country and its image in the Global Market place - the latest outburst
by the Government’s Legal Advisor, pertaining to the Caribbean
Court of Justice (CCJ), must be cause for concern to those in charge
of our Nation’s affairs.
After Mr. Wildman’s reckless allegations about the High Court
Judge and the President of the Bar Association - concerning the
Judgment handed down by the said Judge, in his failed attempt to
get the Court to overrule the JLSC - he went another step further,
in my view, in severely criticising the very
Government that pays his big salary and allows him to ride rough
shod over those in the Legal Department and the Police Force.
Our Government in Grenada has already passed preliminary Legislation
in Parliament, confirming its intention and agreement to becoming
a full participant in the CSME and the CCJ in due course of time;
in keeping with the CARICOM States unanimous decision to amend the
Treaty of Chaguaramas to the CSME, and to create the CCJ as the
replacement for the Privy Council in London, as well as the Tribunal
for disputes within the CSME.
He said, among many other outrageous statements, that if the Governments
of CARICOM, which includes Grenada, should go ahead and abolish
Appeals to the Privy Council in London - that decision would be
the very worst thing that could happen to the Caribbean people.
Now, in any normally functioning Governmental structure in a true
democracy - either the Advisor should tender his resignation from
his very sensitive and influential position, or the Powers-that-be
should have demanded it without further ado. But so far a deathly
silence prevails all around the controversial happenings over the
past week - since that Judgment from the High Court was announced.
It may not seem so at first glance, but it is cases and instances
like these that will influence people when making their decisions
about visiting our country, and more importantly about even thinking
of investments in these parts - when Government officials at that
level can publicly make statements of the type recently made by
Mr. Wildman.
And to make bad matters even worse, those in authority who are his
bosses do not seem to see anything wrong with his outbursts and
highly derogatory statements - because no one has said anything
to try and appease the situation.
Although I have heard on the political grape vine wavelength, that
some members of the very Cabinet he is supposed to be advising -
they have privately expressed their disgust and disapproval of the
wayward behaviour. But then again, we may never get confirmation
of that principled stand - for obvious reasons.
To go back to a more disciplined and far more organised structure,
for global advertisement and image building for our future Tourism
enhancement - (“CWC 2007 Inc.”) Cricket World Cup 2007
seems to be well on course for the greatest sporting bonanza next
year.
Last week Monday at the Flamboyant Conference Room in Grand Anse,
The Grenada Bar Association and the (LOC of CWC) Local Organisation
Committee for the Cricket World Cup next year, held a Forum on the
Legal implications and impact of the proposed Legislation surrounding
the “CWC 2007”.
Two pieces of Legislation (Laws), going by the names of “Sunset
Legislation” and “Anti-Infringement Programme”,
have been drafted by the Legal Advisers for “CWC 2007 Inc.”
and are now ready for delivery to the Nine host Countries where
matches will be played - to be passed into Law by those Countries
Parliaments.
Mr. Derek Jones, a former President of the Jamaica Bar Association
and now a Legal Adviser to the CWC 2007, was the main presenter
and he gave the large audience in attendance plenty food for thought
on the subjects.
The structure for next year’s event, as he explained it, is
the (ICC) International Cricket Council staging the World Cup in
the Caribbean; the (WICB) West Indies Cricket Board, as the legally
organised body responsible for cricket in the region, is the agent
for the ICC for the occasion.
To ensure the fullest concentration and regional expertise in managing
and implementing the mammoth tasks involved in putting on that show
- the WICB formed “CWC 2007, Inc.”, and the corporation,
in conjunction with the Host Countries for matches, appointed Local
Organising Committees (LOCs) in each country to deal with the local
matters.
The legal position remains, however, that on the 10th day of April,
2007, when the first match in the “Super Eight” series
of Six games - that are scheduled to be played at the Queen’s
Park Stadium in Grenada - gets under way, the body responsible for
that game, and all the other (50) Fifty games to be played in the
Nine Countries in the Region, is the ICC and no one else.
And that is why the Draft Legislation was undertaken on behalf of
the ICC for the respective countries. And the idea is that once
the World Cup is over, at the end of April and no later than June
thereafter, the “Sun” will “Set” on those
Laws for the occasion, and they will be automatically repealed.
Two sections or areas of the proposed Legislation received very
in-depth discussion, after the presentation by Mr. Derek Jones.
One was a new concept, or offence, by the name of “Ambush
Marketing”, and the other to be centered around a so-called
“Clean Venue”. Four major Sponsors have apparently bought
the entire rights for Advertising at the games and the approved
other “Venues” by ICC.
Those major Sponsors will be selling minor sponsorship packages
to interested Advertisers - and only those purchasers will be allowed
to advertise their goods and services at games sites and other approved
“Venues”. The “Ambush Marketing” will occur
where anyone internationally uses, or attempt to use, any device
or method at the games or approved “Venues” to get around
the Major Sponsors Rules and Regulations or Guidelines.
This is a simplification of the offence or infringement, but some
of the known methods of “Ambush Marketing” are rather
complicated and very clever indeed. The “Clean Venue”
concept is concerned with the absence of any and every Advertiser
- other than the Major Sponsors or their approved subsidiaries -
at those Venues.
The simple word “Venue” as for the Stadiums where matches
will be played - does not stop there. Many other areas, or routes
to the Stadium, will be designated as “CWC approved 2007 Venue”
for the period of the games in a Host Country; and those areas have
to be “Clean Venues” like at the Stadium, with no Advertisers
except those approved by CWC 2007 Inc. - whether as purchasers of
rights, or exempted for whatever reason.
A serious concern raised by many persons, was the right of existing
companies near to the Stadium or approved “Venues” -
as well as our Tourism Sector, for showcasing the interesting or
attractive sites and “Venues” island-wide, to the expected
Two Billion plus Televison viewers worldwide, in our efforts to
bring them to Grenada after the World Cup is over - to help us offset
the huge financial debt being incurred to facilitate CWC 2007.
The LOC have a heavy responsibility to protect our financial interests,
by ensuring that we get the best available conditions for our Tourism
Marketing; and for educating the public about the various aspects
of CWC 2007 that will definitely impact on their lives in one way
or another - before the arrival of the teams and crowds, and during
the Six Games we are due to host in Grenada.
It cannot be over-emphasised that the returns from the Six games
at the Stadium, and the spin-offs to Hotels, Vendors, Transport
providers, or whoever else, cannot even begin to compensate for
the financial risks being undertaken to make Grenada “CWC”
ready for 2007.
The powers-that-be and their agents must successfully market our
Tri Island State, so as to reap the future financial benefits from
Tourists to satisfy those debts.
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