Farce majeure
Daniel Laidlaw
In the last year, cancellation or postponement of cricket tours has become a
vexed issue. Since September 11, West Indies have cancelled a tour of
Pakistan (rearranged to Sharjah), New Zealand postponed their tour of the
same country, Sri Lanka attempted to arrange and then withdrew from a
proposed one-day series in Pakistan and England seriously considered not
touring India. Now, Australia has cancelled its schedule d tour of Zimbabwe,
citing grave concerns over the safety of its players following unrest after
reportedly rigged elections.
Once upon a time, this action would not have had any consequences, as Boards
could arrange tours at will, frequently snubbing the lesser cricket
countries. Now, the ICC's 10-year schedule means they are obliged to fulfil
their obligations. If they don't, a financial penalty is supposed to be
imposed, with provision made for force majeure.
Some form of penalty for spurning commitments is undoubtedly a good idea, as
it serves as a disincentive to refuse to tour on spurious grounds. The
difficulty lies in determining what constitutes a justified reason for
declining to tour and what does not, and whether "force majeure" really
applies.
New Zealand could not be blamed for refusing to tour Pakistan immediately
after September 11 when the course of world events was unknown, despite the
Asian Cricket Council viewing this as a sleight. Sometimes there will be
legitimate reasons not to tour a country which are out of a cricket board's
control. But even if some countries do refuse to play others without
justification, there is still only so much the ICC can do. Obviously, it
cannot be expected to influence governments, hence the provision for force
majeure. It would be unfair to penalise the BCCI for refusing to play
Pakistan when they have no control over the matter.
But where does the ICC draw the line? It appears that Australia will not be
penalised for opting out of its tour of Zimbabwe, despite assurances from
Zimbabwe that the players would be safe.
Evidently a lot has changed in the past seven days. Just last week, the
Australian Cricket Board was aware of the security circumstances in Zimbabwe
but still planned to go ahead with the tour, issuing a press release titled
"ACB confirms Zimbabwe tour." While player safety was an ongoing concern at
that time, the issue of the "appropriateness" of Australia touring following
Zimbabwe's suspension from the Commonwealth was put into perspective by ACB
chief executive James Sutherland:
"Cricket is a powerful force for social cohesion and given the circumstances
in Zimbabwe, it is important that international cricket continues to be
played in order to promote this cohesion within the community.
"Finally, abandoning the tour on these grounds will only damage the cricket
loving population of Zimbabwe and have no effect on those with any capacity
to change the political circumstances in the country.
"Provided our people are safe while in Zimbabwe, the ACB sees no reason to
justify withdrawing from the tour."
Cancelling a cricket tour was hardly going to be a damaging blow to Robert
Mugabe's presidency, so sporting sanctions should not have been an issue. So
why the change now? Since Australian Prime Minister John Howard was head of
the group responsible for Zimbabwe's suspension from the Commonwealth, it's
understandable the players might have been nervous about touring. As the
last tour before the off-season, after already playing 9 Tests and 15 ODIs,
they were also unlikely to be too displeased at their break arriving early.
Apparently, the reason for the cancellation is that Zimbabwe is a more
dangerous place for Australians today than it was a week ago, when the ACB
was fully prepared to tour despite being aware of government objections.
According to one report, the Department of Foreign Affairs told the Board it
could not distinguish between the Australian cricket team and Australian
travellers generally, which seems just a little bizarre. Surely, the level
of security afforded the Australian cricket team makes it utterly different
from ordinary travellers, which must be taken into account. They are not
tourists or businessmen.
However, the Board denies it was pressured by the government to cancel the
tour. That may be so. But it is interesting that the view expressed by
Australian Foreign Minister Alexander Downer to the ACB, as reported by an
ACB spokesman, was that touring Zimbabwe would "perhaps send the wrong kind
of message." That certainly does not sound like a security concern.
The only "message" it would have sent was that Australia was prepared to
stand by a fellow cricket board in its time of need. Unfortunately, that was
not to be, which raises the question of whether the refusal to tour is
actually, in part, a latent sports sanction. It is one thing to pay lip
service to the importance of fostering cricket in Zimbabwe, but the fact
Australia has met Zimbabwe in just 1 Test in their 11 years as a Test nation
shows where priorities really lie. Once again, it seems to be a case of
punishing the people rather than those responsible for making the political
decisions.
For what it's worth, the Zimbabwe Cricket Union's head of security
operations Dan Stannard was reported as saying the Australian tour would be
free of trouble. "I've been travelling around the country this week to make
assessments for the tour, and it's calm," Stannard was quoted as saying on
the Sydney Morning Herald website. "It's very difficult to reconcile the
situation as we see it, to what is being reported in the press." It is naïve
to think that politics and sport are separate, but when they are not it at
least should be made clear.
Although it's difficult to be convinced the ACB's decision was not in some
way politically influenced, unlike India's refusal to play Pakistan it was
not a case of force majeure. The ACB still made a choice, theoretically one
not influenced by government. If Australia's refusal to tour Zimbabwe is
attributed to force majeure, then it sets a precedent which can be used as
an excuse for all rescheduled tours.
One would hope the ICC considers the safety of Zimbabwe as a cricket venue
independently, and does not accept the ACB's decision at face value.
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