Wednesday, June 9, 2010

Alternate views

THE FOLLOWING ARE COMMENTS POSTED BY A FOLLOWER OF THIS BLOG. THE COMMENTS ARE INTERESTING....... READ AND ENJOY. 

By Mr. Constitution

Uncle Joe, Have you glean through the OCM constitution amendments? The part of retirement age is not my immediate concern, reading it the Board of OCM now have unfettered powers on bodies under their jurisdiction.

They are so powerful and independent that no legal or political interference can even touch them provided it is in the name of complying with the "Olympic Charter".(See 5.11). Olympic Charter? It is as wide as the Straits of Malacca and any question you can talk about in Sports involves the Olympic Charter.

You want to talk about age of retirement of its board members? Look at the Indian Olympic Association when the Government want to restrict the Terms of Service to 12 years of some of the aging members. They resisted it in the name of going against the Olympic Charter. Get my drift? Now the Board of OCM are the Untouchable - political or legal cannot touch them. OCM have absolute powers.

They are beyond the control of the Ministry of Youth & Sports (a political position) and I dare say they can tell the Sports Commissioner that I can over ride the Sports Development Act. So what are you going to do about it? I have the Olympic Charter immunity.

The Sports Commissioner have seen how the Secretary General had demonstarted his authority many times and yet got away scot free. No examples here. But the SC knows what I am talking about.

Look at the membership article, they have 3 classes the Honorary, Associate & Ordinary. Forget the Honorary membership. Look at 7.6 and 7.7. Now let me ask you why do you need a provision of an Associate member who is Not recognised by the International Federation existing side by side of an Ordinary member recognised by the IF? Note an "Associate member may or may not be affilaited to the International Federation".

This must have stem from the Taekwando episode, where if the body of the IF is naughty, OCM can always get the Assocate member to run the sport. Now what you think will happen? Can you imagine the confusion it will cause, Taekwando Team by the NSA recognised by the IF is pushed aside in favour of the Associate member. OCM calls it the Olympic Team! It has happened in so many sports and now they make it kosher to do it.

Now in the amendments they have added an Alternate Dispute Resolution (ADR). Look at 5.14 5.15 and reference is also made to Article 22.2. The intention is good but there are weakness and there is a fatal flaw in this. The weakness is this covers only disputes involving Member and member of OCM and a Member of OCM and its member.(6.14). Looking at its jurisdiction it involves only members.

Disputes in sports more often than not involves non members. Take MAKAF, the Karate boys. It is a known fact that MAKAF has excluded other karate bodies registered under the SC to be their members. Now how can this ADR deal with dispute of this nature?

The only issue is membership, and I know and OCM also know for a fact that the only issue is joining MAKAF. Now what is so important about joining MAKAF, the answer is MAKAF is the NSA for Karate and you want to represent the country you must join MAKAF, if not you are excluded.

On non members OCM is powerless to deal with such matters. This is a weakness.

Now on this point, The SEC Gen himself extolled that it is a Human Right for everyone to participate in Sports. Is it not also against Human Rights to prevent a body to join the NSA, and they are willing to follow its rules of the NSA.

Look at the problem of the Persatuan Okinawa Shoringyu Sibukan Karate Antarabangsa Malaysia, registered with the Sports Commissioner office under 0154/98. This body is registered as a Federation and they have more than 2,500 members. They are excluded by MAKAF. Why?

Look at Ganga Rao being sacked with no reasons at all, sure BAM constitution may say that Nadzmi as president have the right to hire and fire with no reasons. But in sports when you talk about fair play and extol the goodness of sportsmanship, is this right? In the Court of Public Opinion, it is definitely unjust. Can OCM help Ganga or the BAM constitution overides OCM constitution?
 
So where is the fatal flaw of the Alternate Dispute Resolution? Before that I think we need to ask who appoints these mediators to the ADL? The Clue lies in 15.2.7 and perhaps 15.2.11. All said whatever the case maybe, it is still the Executive Board of OCM who will select the members as they are empowered to do so under 15.2.7 and select members outside OCM under 15.2.11.

Now consider this, can you trust the ADL of the OCM when the selection of its members are not independent. Look, it is trite law and common sense that whoever sits in the Board of ADL must be fiercely independent.

Yes, I am saying that the Constitution suggest that the composition of the ADL are not independent. If there is a dispute between OCM and its member, do you think you can win, when the executive Board are going to form the panel of ADL. Yes, you can object like what they say but the fact remains that the jokers are from OCM.

Look at Article 22 on disputes and 26 that deals with appeals. Who are the ADL Mediation Committee of OCM? There are no answer but looking at the set up it must be from OCM people or appointed by them. Even if it goes to arbitration look at 22.3 , the arbitrator must come from the ADR Arbitration Committee? Is this right, can you expect a fair hearing on this?

The stylo milo part of the Constitution is that you can go to the International Court of Arbitration for Sports in Lausanne in Switzerland. Wow! NSA who cannot even pay for their RM 50 subscription can go to Switzerland for Arbitration. What utter rubbish is this.

Look at 26.3 if you appeal the arbitration Tribunal shall comprise of 3 members from the list of arbitrators on the Roll of OCM.Get it from the ROLL of OCM, by that in simple language "their own "kakis la".

Look at the not too recent Taekwando Dispute? Tunku Imran was to head an ad hoc committee to resolve the issues among the warring parties. Tunku Imran even threaten to remove Taekwando from Sukma.
However you look at it, they are part of the Taekawndo problem. Now you have confidence to get an OCM representative to resolve this matter?


So what is the fatal flaw? OCM under Section 9, they are also a Sports Body under the Act. Now think, one Sport Body trying to be more superior than another sport body.

OCM trying to play Solomon to decide on another Sports body? Mana Bolih! Is this not a fatal flaw why the ADL is doom to fail?

4 comments:

  1. Mr. ConstitutionJune 9, 2010 at 1:55 PM

    Uncle Joe, so sorry la to dominate your Blog like this but since you ask why like that, have to give my observations la, for whatever it is worth.

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  2. Uncle Joe Sathiam! this will be my last piece on how powerful OCM is. Look at Article 4 of the Constitution. 4.1 Talks of the recognition of OCM by the IOC in accordance to the Olympic Charter and also the International Federation.
    As far as OCM are concerned, they are only obliged to participate in the Games of the Olympiad by sending athletes. Yes! Games that are in the Olympic Games takes precedent to other Games. It is a fact that you may be the NSA of a Game in the SEA Games or the Asiad, these are all second class if your Games in not in the Olympiad. So what if you have an International Federation (IF) for your Games, you do not rank the same as those in the Olympic Games or the Olympiad.
    However look at 4.4 where it states that OCM have the exclusive authority for the representation of Malaysia apart from the Olympic Games , to the Asian Games, Commonwealth Games , SEA Games and those Games following the IOC , OCA and CGF Rules.
    Lets look at the words "exclusive authority" for "representation for Malaysia. Question that I would like to ask is can OCM stop the NSA from sending a Team to say the Asian Games? What then is the function of OCM to such Games, a vetting authority to see if the team is of standard or are they only the Secretariat to see that all the Paper works and accreditation to facilitate the Malaysian Team goes to the Games.
    Under article 4 it is silent on this. However by practice OCM has always been the final arbiter as to who can go or who cannot go. When you are the final arbiter , can you imagine how powerful OCM can be. My view is OCM cannot stop a Malaysian Team from representing the country , when the NSA has recommended the Team.( See 5.7) In the event they are an embarrassment to the Country, OCM can call the NSA and tell them so at the debriefing that their Team does not deserve to appear on the face of this earth (see Article 5.5). The Kabbadi Boys and the Net ball Team girls have their nightmare to relate at the last Korat SEA Games.
    Now let us look at the Sports Development Act. Section 8 (1) OCM is recognised by the IOC and NOC for Malaysia. Look at 8 (2). It says very clearly OCM shall be responsible for ensuring that the participation of Malaysia in Olympic, SEA, Asian, etc Games. Where does it say that OCM can stop a Team recommended by an NSA to a particular Games like SEA or the Asiad. On this I recall the Taekwando issue when Tunku Imran says that our Malaysian athletes cannot go to the SEA Games. Hello! where does it says that in your constitution or the SDA? Admitted Taekwando may have their internal problems, but OCM is so wrong in sending their Team call the Olympic Team. This happened at the Asian Indoor Games in Hanoi for other sports. Hello! Mr Sec Gen and Tan Sri Tunku Imran, where in your constitution that says that you can send your Olympic Team? Brothers, that is Ultra Vires your own constitution.
    Suffice for me to say that in the OCA Constitution in Article 13. there is a clash between OCM constitution and the OCA constitution. That is altogether another story reserve for another day.
    Uncle Joe, thank you for letting me ventilate my views on powers of OCM. This become more acute , when we see the scene played out in the Indian Olympic Association by their Sec Gen Randir Singh who has been holding the position for the last 23 years. I hope we need do not see a Battle Royal between the OCM and the Sports Commissioners office, landing in the high courts.

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  3. Mr Constitution is spot on. What is then the purpose of OCM membership to second class NSAs when you cannot participate once every two or four years in SEA Games, Asian Games? Why should the NSA join OCM only to get NO? Isn`t participation in these games the main objective? The Sports Development Act is more sensible on this.

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  4. Dear Anon 9:34 am. Confidentially from SC office they do not want to rock the boat with OCM. OCM is not a problem, the problem is the Sec Gen, message has been passed to the Prince to tell him to tone down. SC have a dossier as thick as a telephone book on the Sec Gen.
    They are watching this coming Asian Game and how he behave, if there are complaints against him this time sending all the funny Olympic Team, he can kiss his tenure in 2011 goodbye.
    In the event he behave and keep a low profile, chances are he will be given another tenure. This is really up to him.

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