Saturday, March 9, 2013

Rioting ultras and striking police officers may ease security reform


Ultras set Cairo police club on fire

By James M. Dorsey

The fall-out of last year’s death of 72 soccer fans in a politically-loaded stadium brawl has brought the need
for reform of Egypt’s Mubarak-era law enforcement and judiciary to a head with football supporters in Egyptian cities protesting the verdict in the trial of those accused of responsibility for the incident and security officials striking against being made a scapegoat in the country’s political crisis.

Protests sparked by this weekend’s confirmation of the death sentences of 21 Port Said soccer supporters, conviction of only two out of nine police officers accused of responsibility for the worst incident in Egyptian sport history, and aquittal of 28 of the in total 73 defendants reflect intensified public anger rooted in widespread distrust of the security forces as well as the judiciary’s failure to hold accountable officers and officials responsible for the death of more than 900 protesters since former president Hosni Mubarak was toppled two years ago.

The problems with law enforcement and the judiciary are compounded by the fact that Port Said-related demonstrations that are now in their second months have persuaded security forces to stage their own protests. Rank and file officers are speaking out publicly for the first time with walk-outs across the country and refusals to engage in crowd control.

Egypt’s 1.7 million-strong police and security forces, widely viewed as the repressive arm of Mr. Mubarak’s regime and largely unrepentant and unreformed since his departure, feel caught between the rock of President Mohamed Morsi’s insistence on cracking down on protests and the hard place of the public denouncing their brutality.

Reminiscent of scenes during the uprising two years ago in which the military refrained from cracking down on protesters demanding Mr. Mubarak’s ouster, striking police in Egypt’s second city Alexandria put up banners saying “We don't want politics" and "Police and the people are one hand."

The reminiscence of the military’s role in the 2011 uprising is however a double-edged sword. Protesters in Port Said welcomed the withdrawal of the security forces but criticized the military for not going beyond abstinence to protect them from the police in weeks of clashes that have cost scores of lives.

"Who cares about the police withdrawal? Our demands haven't been met. The army isn't protecting us. Have they done anything to meet our demands?" said Ibrahim El-Masri, a former Al-Masri player and spokesperson for the families of those sentenced to sentences.

The complexity of law enforcement’s dilemma and the difficulty of reforming its institutions is that they have operated for much of the past three decades without oversight employing a rank and file that had little education or training. In addition, there is little love lost between Mr. Morsi’s Muslim Brotherhood and the security forces who often targeted the group in the days that it was clandestine or existed in a legal nether land. Striking policemen say they are also opposed to what they see as attempts by Mr. Morsi to infuse political Islam into their ranks.

The strikes and walk-outs in 10 of Egypt’s 29 provinces, some of which demanded the resignation of the interior minister, nevertheless open the door to security sector reform. They indicate significant support for change in institutions that were widely seen as implacably beholden to the former regime.

Sources close to Mr. Morsi argue that the president is seeking to reform law enforcement gradually but has been hampered by the need to restore law and order and protect government offices amid mounting protests.

Rival militant, highly politicized and street battle hardened soccer fans in Port Said as well as Cairo agree on little but that last year’s brawl was not spontaneous. Supporters of Al Masri as well as crowned Cairo club Al Ahli which counted 70 dead among their ranks in last year’s incident believe it was an effort that got out of hand to teach a less to fans who had played a key role in the toppling of Mr. Mubarak and were in the forefront of opposition to the military that led Egypt to elections last year that brought Mr. Morsi to power as well as the current demonstrations against the Morsi government.

As a result, this weekend’s failure to convict all nine officers coupled with the absence as of this writing of a justification of the court’s verdict has reaffirmed perceptions that law enforcement and the judiciary are political and constitute laws unto themselves.

At the same time, the verdict has sparked separate internal discussions among Al Masri and Al Ahli supporters on how best to respond .

Al Ahli fans feel on the one hand that justice has been served with the confirmation of the death sentences but one significant part of the group wants to maintain their attacks on the interior ministry, which controls the security forces, until officers are held fully accountable. That sentiment is fueled by the supporters’ years of confrontation with security forces in the stadiums and their perception of law enforcement as their arch enemy and the symbol of the former regime’s repression.

Ultras Ahlawy, the Al Ahli support group, denied reports on Saturday that they were responsible for fires in the offices of the Egyptian Footbaal Association (EFA) and Al Watan newspaper after it reported that they had met with the Muslim Brotherhood in advance of this weekend’s verdict. The ultras, who by and large, do not shirk taking responsibility for their actions, have attacked in past months media organisations they view as hostile. The ultras did admit however storming and setting on fire Saturday a police officers club near the Al Ahli grounds.

For their part, some Al Masri fans as well as segments of the 650,000-strong population of Port Said – a
Suez Canal city that feels it has been made a scapegoat in the trial – are placated by Mr. Morsi’s decision this week to pull the police out of the city and replace it with military troops. Soliders sided with demonstrators in Port Said in recent weeks. Some Al Masri supporters agitated however for forcing a closure of the Suez Canal, a key source of the cash-strapped Morsi government’s revenues. The military has warned that attacking the canal would cross a red line.

James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, co-director of the Institute of Fan Culture of the University of Würzburg, and the author of The Turbulent World of Middle East Soccer blog.

Friday, March 8, 2013

Persian Gulf Futures (on Global Brief)


Persian Gulf Futures

FEATURES | March 5, 2013     

Persian Gulf FuturesShaky monarchies, strategic pressures, and threats to energy and shipping

The failure to date by oil- and gas-rich Persian Gulf states to respond seriously to the demands for governance reforms sweeping the Middle East and North Africa poses, alongside potential hostilities with Iran, the most immediate threat to the security of the region’s energy production and international shipping. It raises the question of when – rather than if – revolts that have already driven the autocratic leaders of Tunisia, Egypt, Libya and Yemen from office, pushed Syria into civil war, and are simmering in Jordan and Algeria, will disrupt domestic politics in the Gulf and, consequently, oil and gas production in the region. With US and other policy-makers focussed on terrorist threats and region-wide trends, rather than intra-state, domestic threats – not least because they realize that they have little influence in shaping the Gulf states’ internal policies – we now face the spectre of the international community being caught off guard and unprepared for significant turmoil and far-reaching change in the region.
The lack of focus on potential change has allowed Gulf leaders to perpetuate the myth that Arab monarchies are more immune to popular uprisings than their republican counterparts. The region’s oil- and gas-rich unelected, neo-patriarchal royals pride themselves on having so far largely contained widespread discontent bubbling at the surface with a combination of financial handouts, artificial job creation – particularly in the security sector – and social investment. The exceptions are the two monarchies – Jordan and Morocco – that have not been blessed with energy riches. They have instead resorted to elections and a modicum of reform (on which the jury is still out) in a bid to avert mass protests.
It is, however, only a question of time before politically unreformed monarchies like Saudi Arabia, Bahrain, the UAE, Oman, Jordan and even Kuwait, in charge of increasingly liberalized economies, move into the front lines of the region’s convoluted transition from autocracy to more open societies and political systems. The indications thus far are that, with the exception of Jordan, these monarchies will resist rather than embrace change. In doing so, they are likely to fuel rather than calm tensions, and put current levels of oil and gas production at risk. That risk is amplified by the rulers’ encouragement of sectarian tensions through the identification of their Shiite populations with predominantly Shiite Iran in a bid to rally people against a perceived common enemy, and to ensure support from an international community worried about Tehran’s nuclear ambitions.
To be sure, the situations in Saudi Arabia, Bahrain, the UAE, Oman, Jordan and Kuwait differ substantially. Yet, individually and taken together, they feed the worst fear of monarchs and their Western backers – to wit, that a successful popular revolt in one monarchy will open the door to serious challenges to autocratic royal rule in the rest of the region’s mostly energy-rich monarchies. Underlying the differing circumstances is a deeply felt sense of social, economic and political disenfranchisement that Gulf citizens share with those in the larger Arab world who have succeeded in ridding themselves of the yoke of autocratic rule. This discontent cannot be exclusively addressed by increased employment in the police and security forces, handouts and social investment. Warns Saudi journalist Abdul Rahman Al Rashed: “[O]il-producing countries have greater responsibilities, for they have no excuse when one of their citizens has no job, or when a citizen is sick but cannot get treatment, or when a citizen lacks insurance or does not feel safe in his home. It is the government’s duty to provide citizens with these services. When officials are upset [about] being criticized, they forget that it is their job to serve the people and the budget is how a government expresses its plans to serve the people.”
The facts on the ground contradict the notion that Middle Eastern and North African revolts threaten republics more than monarchies. Indeed, that notion would be true only if monarchs were able to lever the one real asset that they have: a remaining degree of legitimacy that comes from truly addressing real, practical concerns, rather than hiding behind security forces and repressing political expression. This is in contrast to the republican leaders in the region, who have so far been deposed in part because they lost all legitimacy, and protesters were unwilling to give them a last chance.
At this point, the writing is on the wall. Bahrain is a revolt calling for regime change in waiting. The country has arguably passed the point of no return in the protesters’ call for regime change. Saudi Arabia is headed for a similar fate in oil-rich, largely Shiite Eastern Province, the country’s most vital economic region. (Social media analysis shows that deep-seated criticism of the Saudi royal family goes far beyond the Shiite minority.) Kuwait is hanging in the balance, with the position of the emir increasingly dependent on whether he can credibly demonstrate his sincerity in wanting to root out corruption. Jordan, for its part, has said that it acknowledges the need for substantive reform, but has yet to say what concrete reforms will be put into place.
Riyadh has sought to fend off popular protest with a US $130 billion programme to shore up public services (including housing) and create employment – particularly in the security sector. In a commentary in Arab News, columnist Khaled al-Dakheel warned that economic reform and addressing social needs should “be followed by other steps of reform dealing with political issues, such as elections, representation, the separation of powers, activation of the Allegiance Commission, freedom of expression, the independence of the judiciary, and equality before the law. The necessity of political and constitutional reform [stems from] the fact that the positive impact in people’s economic reforms, especially financial, is usually temporary because of the variable nature of their economic and social circumstances.” Al-Dakheel laid out a programme for political and constitutional reform in a country that identifies the Koran as its constitution. The programme called for overhaul of the country’s bloated bureaucracy; longevity and tenure for long-serving officials – many of whom are members of the royal family – to be based on merit; expansion of the powers of the country’s toothless Shoura or Advisory Council in order to gradually transform it into an elected legislature; tackling issues of unemployment, foreign workers’ rights and corruption; and diversification of the Saudi national economy.
The cautionary warnings notwithstanding, in December of last year, Saudi authorities arrested prominent novelist Turki al-Hamad for criticizing Islamists and calling for reform in a series of tweets. Al-Hamad charged that the Islamists “have distracted us with nonsense [such] that we forgot the important issues.” He effectively called for reform of Islam, tweeting: “Our Prophet has come to rectify the faith of Abraham, and now is a time when we need someone to rectify the faith of Mohammed.”
Activist and website designer Raif Badawi was arrested in June 2012. He is on trial for violating Islamic values, breaking Sharia law, blasphemy, and mocking religious symbols on the Internet. Badawi allegedly insulted Islam by allowing debate on his website – Free Saudi Liberals – about the difference between popular and political Islam.
Similarly, the UAE ushered in 2013 with an announcement that it had arrested 10 people on suspicion of being members of the Muslim Brotherhood. In late December of last year, the UAE said that it had arrested a group of Emiratis and Saudis on charges of belonging to a terrorist group. And in July of last year, Abu Dhabi said that it was questioning an unspecified number of people for having formed “a group aimed at damaging the security of the state[,]” “rejecting the constitution and the founding principles of power in the Emirates[,]” and having links with foreign organizations.
Even Qatar, widely viewed as the most progressive state in the region, is cracking down. In November 2011, a Qatari poet, Muhammad Ibn al-Dheeb al-Ajami, was sentenced to life in prison in what legal and human rights activists said was a “grossly unfair trial that flagrantly violates the right to free expression” on charges of “inciting the overthrow of the ruling regime.” Al-Ajami’s crime appeared to be a poem that he wrote, as well as his earlier recitation of poems that included passages disparaging senior members of Qatar’s ruling family. The poem was entitled “Tunisian Jasmine.” It celebrated the overthrow of Tunisian president Zine El Abidine Ben Ali.
A draft media law approved by the Qatari cabinet would prohibit publishing or broadcasting information that would “throw relations between the state and the Arab and friendly states into confusion” or “abuse the regime or offend the ruling family or cause serious harm to the national or higher interests of the state.” Violators would face stiff financial penalties of up to one million Qatari riyals (US $275,000).
Of course, the Gulf states’ unwillingness to separate domestic Shiite concerns from the interests of Iran is a misreading of a reality in which Shiites view themselves, first and foremost, as nationals of the states of which they are citizens. That fact was more than evident in the 1980-1988 Iran-Iraq war, in which Iraqi Shiites were the ones that fought Saddam Hussein’s war against Iran. Shiites occupy a strategic geography in the Middle East, where the region’s energy and water resources are concentrated. Addressing their justified grievances – including an end to job and religious discrimination – is a key pillar in ensuring energy security and the safety of international shipping. The same is true for Jordan, where preoccupation with security and counter-terrorism – including the discovery of a major terrorist plot in the fall of 2012 – threatens to undermine the equally important emphasis on reform.
Leading up to the January parliamentary elections, Jordan saw protests in a number of cities demanding that King Abdullah step down. The King responded with a series of discussion papers urging citizens to be politically more involved in the electoral process, and also to judge candidates on their merits, rather than on their tribal and family affiliations. However, the general refusal by the Gulf states and Jordan to address head-on genuine popular concerns, and to treat Shiites as full citizens rather than as a fifth wheel, highlights the underlying strategic dilemma of the US and the international community: the concurrent need to ensure energy security and safe shipping in the short- and medium-term based on the status quo in the Gulf, the need to be prepared for likely disruptions of the flow of oil and gas as a result of domestic and regional developments, and the need to anticipate longer-term significant political change in the region. This basic strategic dilemma makes the linkage between Iran’s dispute with the West and Israel over its nuclear programme and domestic stability in the Persian Gulf even more intractable than it already is. And the dilemma is sharpened for most Gulf states by uncertainty about how committed the US will be to ensuring regional security as it becomes ever less dependent, in the coming years, on Gulf energy and emerges as the world’s largest oil exporter.
Gulf rulers perceive the Iranian dynamic – the nuclear question, and also Iran’s growing strategic footprint in the region – primarily as a threat to domestic stability, and only secondarily as a threat to energy production and international shipping. These threats have the potential of becoming self-fulfilling as a result of the rulers’ refusal to accept certain realities on the ground. Gulf opposition to perceived Iranian nuclear ambitions is, for instance, tempered by concerns about the possible domestic fallout of military action against Tehran. In response, Gulf states have responded to Shiite unrest with force, and to Iran’s nuclear posture by opting for international and regional security arrangements, as well as through massive arms purchases. Both approaches have thus far aggravated rather than alleviated the threats.
The ability of the US to act as the region’s defensive umbrella by emphasizing defence and deterrence could further be affected by an eruption of popular discontent in the Gulf. Gulf leaders are proving increasingly reluctant to reinforce perceptions that they are out of touch with public sentiment, and therefore dependent on the US in order to maintain their grip on power. This is all the more true given that the US will have to balance its interests in the Gulf with those in the wider Middle East and the Muslim world – especially because unrest in Saudi Arabia, Islam’s heartland, will resonate more than events in other Middle Eastern countries and across the Arab and non-Arab Muslim world. The most obvious way of compensating for political vulnerabilities would be the expansion of the Gulf’s security umbrella to include other interested parties, such as China and India. However, these parties are, in terms of military capabilities and focus, years away from being able to contribute significantly.
For its part, Iran is not oblivious to opportunities created by domestic Gulf policies. Tehran has sought to pressurize Gulf states into adopting a neutral stance in respect of its dispute with the West and Israel, as well as a more conciliatory attitude to their Shiite populations. Iran’s war games in April 2010 highlighted the threat that the country could pose to international shipping in case of an Israeli and/or US military attempt to take out Iranian nuclear facilities. During the games in the Gulf and the Strait of Hormuz, the Islamic Revolutionary Guard Corps (IRGC) swarmed, seized and destroyed hypothetical enemy vessels. Moreover, Iran has made clear that, in case of real conflict, it could target tankers with coastal anti-ship Silkworm missiles, patrol boats and short-range aircraft launched from nearby bases, or fast in-shore attack craft packed with explosives.
The assumption that Iranian verbal threats to shipping in the Gulf and the Strait of Hormuz as a response to a possible Israeli and/or US attack may be little more than bluster because of Tehran’s interest in keeping sea lanes open for its own exports is questionable. US and European sanctions have already reduced Iranian oil exports by about two thirds, and could force further cutbacks. Iran’s vested interest in keeping shipping lanes open has therefore been considerably diminished. By the same token, the effect of an Iranian attempt to shut down shipping lanes is to some extent counterbalanced by the building of new pipelines and the conversion and expansion of existing ones in the Gulf that circumvent the Strait of Hormuz. More serious, however, may be the likelihood of Iranian retaliation against Gulf oil and gas facilities using both its conventional military and cyber capabilities.
The risk of military conflict with Iran (and with it the risk to international shipping, as well as the fear of Tehran exploiting Gulf discontent) turns on the fact that efforts to achieve a negotiated solution to the nuclear issue are undercut by deep-seated prejudices on both sides. Iran is convinced that the strategic goal of US Iranian policy is regime change. It views past offers to reward Iran for agreeing to comply with international demands as efforts to portray it as weak, and as having caved to pressure, rather than as an incentive to reduce its international isolation. For its part, the US believes that Iran is not serious about negotiations, and also that it has Iran increasingly cornered. Washington further assumes that the US can succeed with a big stick and limited carrot policy, and that Iran will ultimately only succumb if it has no choice.
Washington’s analysis could prove correct. The question is whether the Americans’ purposes could be achieved in a more equitable way – that is, one that would allow Iran to save face, help put US-Iranian relations on a more healthy long-term footing, avert the potential fallout of relying primarily on a stick, reduce the cost to ordinary Iranians, and remove at an early stage the threat to energy security and international shipping. The proof will be in the pudding if and when the threat of a US (and/or Israeli) attack becomes imminent. At that very last one-minute-to-twelve moment, Iran is likely to concede.
Governed by middle-aged revolutionaries with vested interests that have been accumulated in the more than three decades since the overthrow of the Shah, Iranian leaders effectively maintain, at best, a revolutionary façade with their provocative hostility toward Israel and their anti-American and anti-Western rhetoric. Traditionally a nation of traders, Iranian leaders, when faced with the real and imminent threat of losing their grip on power or accepting humiliation, will most likely opt for the latter.
Whether the American stick will truly remove the threat to Gulf energy production and international shipping is debatable. Military action would deepen anti-Western resentment among Iran’s elite. Popular sentiment would be split between those who share that resentment and those who see opportunity to exploit the regime’s weakness. This could make potential change messier and ultimately more dangerous. Alternatively, an international effort to resolve the nuclear issue such that Iran is allowed to save face – rather than one aimed at weakening Tehran – could avert the prospect of Iran turning into a cornered cat that jumps in unexpected ways. This could potentially ease and usher in a process of change.
Resolving the nuclear dispute with Iran and addressing popular concerns in the Gulf are two sides of the same coin. Evolutionary transition in the Gulf is feasible, provided rulers address political, and not only economic and social concerns. A first step would be a more inclusive approach by Gulf rulers toward all segments of the population, and a liberalization rather than a crackdown on freedom of expression. Simultaneously, the US would have to adopt a policy that convinces Iran with deeds that it is serious about achieving a negotiated solution – rather than regime change.
Of course, changing policies among Gulf states and in Washington will not be easy. The alternative, however, is less palatable. It would involve a festering of popular discontent in the Gulf to the point that the region’s rulers lose all legitimacy, and are confronted with demands for their demise. Popular agitation for change would intensify, as would violence fuelled by Iranian exploitation of opportunities. Forceful governmental repression would soon follow, and the cycle would resume, with escalating consequences. The bitter pill that Gulf rulers and Western leaders would have to swallow now in order to avert escalation is likely to be a lot less painful than the consequences of failing to grab the bull by its horns.
bioline
James M. Dorsey is a former New York Times foreign correspondent and author of the blog, The Turbulent World of Middle East Soccer.

Will Florida Atlantic Football Partner With the Immoral Private Prison Industry?

The GEO Group, one of two nationally prominent private prison corporations in America has just signed an agreement with Florida Atlantic University to "name" the football stadium at FAU.  Understandably, this has caused an uproar from many on the faculty and in the student body at Florida Atlantic.  "The GEO Group Stadium" at Florida Atlantic University immediately conjures up images of the now retired "Enron Stadium" where the Houston Astros used to take the field, except that The GEO Group is undoubtedly more sinister and harmful to United States citizens than Enron ever was (a fact absolutely lost on FAU President Mary Jane Saunders until student and faculty protests erupted).

The GEO Group is a private prison company.  As I have written about extensively, private prison corporations essentially collect taxpayer funds from federal and state governments (a "per diem" or per bed fee) in order to house prisoners on behalf of these governments and do so with an immoral profit maximization motivation. Private prison companies profit on human misery.  Shareholders of  GEO Group stock expect the board of directors and executives to return handsome profits from imprisoning United States citizens (and increasingly illegal aliens).  The perversity in this arrangement, of course, is that in order to increase profits for shareholders, private prison companies, including the Corrections Corporation of America (the other prominent U.S. private prison company), seek to aggressively imprison more Americans by lobbying legislatures to increase sentencing laws, divine new laws/ways to imprison individuals, and even engage in drafting model legislation like SB 1070 (Arizona's "show me your papers" law) and three-strikes laws.  In "All Eyez on Me: America's War on Drugs and the Prison Industrial Complex," I describe the perverse incentives that motivate the private prison industry by examining the immorality attendant in leadership of private prison companies debating successful ways to increase profit by incarcerating more United States' citizens.

Private prison companies have flourished in recent years based upon the increasingly dubious claim that they provide prison services for less cost than do governmental agencies.  While numerous studies dispute this assertion, the bottom line economic transfer is that taxpayer funds are being funneled to private prison companies (and its executives and shareholders) without those companies providing any genuine public good or manufacture of product.  Indeed, recent reports indicate that private prison companies engage in gross human rights and constitutional violations, more egregious than government run prisons.

And now, FAU has signed an agreement to partner with The GEO Group allowing GEO to prominently appear on the facade of its' football stadium and increase its corporate branding.  FAU's President appears to have not engaged in any due diligence when signing the naming right, relying singularly upon the fact that the GEO Group Chair is a proud alumnus of FAU.  This is particularly egregious in Florida, where private prisons have attempted to seize on opportunities to stealthily motivate state legislators to sanction massive expansion of the private prison industry.  Students recently orchestrated a "sit-in" where President Saunders was forced to speak to the group, though she claims the naming agreement is a "done deal."  Whether students protests will lead to a repudiation of the agreement remains to be seen.  Sans repudiation, Florida Atlantic University may go down as one of the first American Universities to openly celebrate the incredibly perverse and immoral private prison industry and lobby.


(hat tip to Dave Zirin at The Nation)
cross posted on the Corporate Justice Blog

Thursday, March 7, 2013

Idaho Rejects the "Baseball Rule"

In an under-the-radar opinion issued last month, the Idaho Supreme Court allowed a fan injured by a foul ball at a minor league baseball game to proceed with a negligence suit against the franchise.  Specifically, the court refused to adopt what it called the "Baseball Rule," in which most courts have held that baseball teams are generally not legally liable to fans for injuries caused by foul balls hit into the stands, so long as they have provided protective netting for the most dangerous seats in the stadium (i.e., those immediately behind and around home plate).  Click here for Sports Law Blog's prior coverage of this topic.

The court's opinion - available here - indicates that the plaintiff, Bud Rountree, was hit by a ball while standing in the Class-A Boise Hawks' "Executive Club," apparently the only area in the stadium that is not covered by protective netting (Rountree ended up losing an eye as a result of the injury).  In light of the area of the stadium in which the injury occurred, along with the fact that the team went to greater than normal lengths to protect most of the stadium from foul balls (pictured), Rountree's case may be stronger case than that of the typical fan hit by a foul ball in unprotected seating.  Indeed, his attorneys apparently argued to the Idaho Supreme Court that while the so-called "Baseball Rule" may be justified in normal bleacher settings, it was not appropriate for multi-purpose areas of the ballpark (such as in-stadium, sit-down restaurant seating). 

Whether the opinion will have a broader impact on baseball teams outside of Idaho remains to be seen, but given the number of jurisdictions that have adopted the majority rule it is unlikely that this latest decision will have a significant impact nationwide.

Tuesday, March 5, 2013

Civil war in Syria: The Spillover Threat



By James M. Dorsey

Water tankers line the unpaved road outside a pre-fab United Nations meeting room in Za’atari, the Syrian refugee camp in a desert just south of the Jordanian-Syrian border that is home to 110,000 escapees from the brutal war between Bashar al-Assad and his opponents or just about a quarter of the total number of Syrians in the country. Inside the meeting room, different perspectives on resource conservation and entitlement spill into the open.

A young Jordanian aid worker complains that Syrians despite years of drought have little concept of water conservation, a sensitive issue in one of the world’s more water-starved nations that has seen its population grow by an approximate eight percent as a result of the refugee crisis. Jordanian and United Nations estimates suggest that Jordan’s Syrian population could increase to 600,000 by April and up to a million by the end of the year.

In response to the Jordanian’s plea for greater care, a Syrian soccer coach counters that his section of the camp had been without water for the last two days. UN officials advised him that they were struggling to cope with the expansion of the sprawling camp as a result of the arrival of up to 3,000 new refugees a day. “What’s the problem,” the coach says, pointing his finger in the direction of where the water tankers are. “Just bring more water.”

Underlying the exchange, is a more fundamental perspective that promises to shape post-Assad attitudes in Syria as well as attitudes of the embattled leader’s eventual successors to their neighbors and the international community. The Syrian soccer coach’s sense of entitlement echoed among players in nearby Jordanian towns, reflects the refugees’ belief that they have been abandoned and betrayed by Jordan, the Arab world and the international community and are paying for it with their blood. ”This is not just a struggle for freedom in Syria, it’s a struggle for freedom for the Arabs,” said a Syrian striker void of any sense of gratitude to his hosts. “We would rather die than be humiliated. Putting us in the middle of the desert is a humiliation,” adds the coach.

The concern about the potential fall-out of mounting claims on limted resources coupled with increasingly regular clashes between refugees and security forces in Za’atari and growing worry that militant Islamists are emerging as a dominant resistance force has prompted a review of Jordan’s policy that could increasingly rope it into the conflict. Convinced that the Assad regime is trying to destabiize Jordan by targetting the Dera’a region in southern Syria and forcing its residents to flee across the border, Jordanian officials are looking for ways to help Syrian civilians stay on their side of the border. At the same time, they are preparing for a potential opening of the flood gates should rebel forces gain control of crossing points on the Syrian-Jordanian border.

Senior officials in King Abdullah’s court pour over detailed maps seeking to figure out ways of establishing a safe zone inside Syria similar to that created by Turkey on its border 30 kilometers inside Syria. The zone serves as a safe haven for refugees fleeing Aleppo and other confrontation points in the north of the country. That is a more difficult undertaking in southern Syria with Damascus, widely viewed as the not to distant focal point of a make-or-break battle between the rebels and Assad’s forces, much closer to the southern than the northern border. As a result, Jordan has quietly started allowing arms funded by Saudi Arabia and others to reach the rebels through its territory in a bid to strengthen rebel forces in Damascus and the south in the hope that they will contribute to stemming the exodus as well as in an attempt to redress the balance between Islamist militants and moderates within the armed resistance.

The potential for rising social tension is enhanced by the pain of austerity measures promised by the government to maintain the support of the International Monetary Fund for Jordan’s economic reforms amid an 80 percent drop in trade with Syria, reduced income from transit trade to Europe and the Gulf, increased shipping costs for Jordanian exports and stepped up budgetary pressure as a result of more people benefitting from subsidized pricing of bread, electricity and gas and greater stress on education and health care. Already schools, are forced to revert to a double shift system abaionndoned a decade ago while officials predict power blackouts in the near future.

The potential for increased social tension in Jordan is fuelled by a sense among both officials and the public that Jordan as the host of the largest number of refugees in the region is paying the price for what they see as reckless Saudi and Qatari for the more militant opposition forces. Some Gulf states moreover have yet to live up to their pledges to help Jordan fund the cost of the refugee crisis.

Back in Za’atari, the Syrian coach alongside UN agencies and international and Jordanian NGOs including the Asian Football Development Project, employ soccer to reduce tensions, focus energies, empower conservative women from rural Syria and forge a sense of community in a makeshift town that ranks among the country’s top four urban centers and has already witnessed hundreds of thousands of dollars in damage as a result of vandalism. With frusttration prompting refugees to bite the hand that feeds them and irritation mounting among Jordanians as King Abdullah seeks to manage external threats and domestic discontent, Jordanian planning mnister Jafar Abed Hassan voices a concern among officials and the public alike: “We’ve passed the breaking point. I don’t see who is going to provide answers.”

James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, co-director of the Institute of Fan Culture of the University of Würzburg, and the author of The Turbulent World of Middle East Soccer blog. A version of this article appeared on RSIS Commentaries

Lance Armstrong & Michael McCann (No, really)

Our own Michael McCann goes one-on-one with Lance Armstrong in Austin, Texas for CNNSI!  As Mike tells the story:

"A few weeks ago, I discovered I had a new Twitter follower: Lance Armstrong. I thought it was a little odd because I don't cover cycling and the times I've written about Armstrong's legal issues I've often sharply criticized him. Nonetheless, I was intrigued. Soon we began corresponding privately and last week Armstrong invited me to his house in Austin for an interview."

To read today's teaser from CNNSI you can go here.  For the entire, groundbreaking story, you'll need to go purchase this week's Sports Illustrated.  Have no fear, you can purchase a digital version here.

Congratulations Mike on a tremendous job--both in getting Lance's attention and becoming a relevant contributor to the development of this international strory.  While Mike won't display any braggadocio, allow me to do so.  Huzzah Mike!  [Now if he had interviewed Lance for The Sports Law Blog we might get a few more followers.....]

Monday, March 4, 2013

DePaul Sports Law Symposium: Fri. March 8


DEPAUL JOURNAL OF SPORTS LAW & CONTEMPORARY PROBLEMS 2013 SYMPOSIUM

HURDLES:
 
LEGAL ISSUES A MODERN ATHLETE MUST OVERCOME

Friday, March 8, 2012
10:00 a.m. – 1:00 p.m.
DePaul University,
DePaul Center Room 8005, 1 E. Jackson Blvd, Chicago, IL 60604

Panel I: Physical Issues Athletes Must Overcome
10:05 - 10:50 AM
Moderated by Professor Michael S. Jacobs (DePaul College of Law)
1. Darren Heitner, Professor of Sport Agency Management at Indiana University Bloomington
   * Discussing the helmet manufacturer component of NFL concussion litigation
2. Scott Andresen, Partner, Andresen & Associates, P.C.
  * Discussing brain injuries and psychological damages resulting from participation in contact sports

Panel II: Moral Issues that Athletes Must Overcome
10:55 – 11:40 AM
Moderated by Professor Michael S. Jacobs (DePaul College of Law)
3. Chris Deubert, Associate Attorney, Peter R. Ginsberg Law, LLC
*Discussing arbitration strategies used as counsel for Johnathan Vilma during Bountygate Scandal
4. Robert Raiola, CPA, Sports and Entertainment Group Manager
   *Discussing contractual payment provisions and responsible investing for athletes such as RGIII

Panel III: Bureaucratic Issues Athletes Must Overcome
12:00-1:00 PM
Moderated by Professor Wayne Lewis (DePaul College of Law)
5. Prof. Marc Edelman, Professor of Law, Barry University Dwayne O. Andreas School of Law
   * Discussing anti-trust issues and the NCAA, focusing on pay-for-play and age requirements
6. Cari A. Stern, Associate Attorney, Chapman & Cutler LLP
   * Discussing Title IX issues schools face with respect to participation, eligibility, and sexual harassment


DePaul Law Students: FREE
General Admission (including CLE credit for lawyers): $60
DePaul Law Alumni: $30
Other DePaul (non-law school) Students, Faculty, & Staff: $15
Other Law Students (non-DePaul): $20

Regulating MMA

This op-ed appeared on Fightland, a blog devoted to MMA; the author is the newly appointed commissioner/executive director of the fledgling state commission to regulate combat sports in Wyoming. One interesting point in the piece is how state regulation is necessary not so much for high-level competition (the author is not necessarily expecting UFC to come to Wyoming anytime soon), but for low-level amateur competitions among weekend athletes.

Sunday, March 3, 2013

Soccer protests highlight Egyptian president Morsi’s fragile ties to the military


Port Said protesters help an injured solider (Source: Al Ahram)

By James M. Dorsey

A series of soccer protests in the past week in anticipation of a March 9 ruling in the politically loaded case of last year’s brawl in a Port Said stadium in which 74 fans died has focussed attention on the unaltered practices of the country’s Mubarak-era security forces as well as President Mohammed Morsi’s fragile relationship with the powerful military.

In a telltale statement on Facebook on Sunday, military spokesman Colonel Ahmed Ali denied reports that troops had clashed with police units in the Suez Canal city of Port Said on a day on which a demonstrator and a security officer were killed and more than 400 people injured in five week-old protests. Soccer protests in Cairo meanwhile blocked the road to the city’s international airport forcing visiting US Secretary of State John Kerry to delay his departure by two hours.

Colonel Ali said military units in Port Said where the protests expanded two weeks ago into a broad based civil disobedience campaign were guarding government buildings and installations and seeking to end clashes between the police and security forces.

Mr. Morsi declared emergency rule a month ago in Port Said and two other Suez Canal and Red Sea cities, Suez and Ismailia, and ordered the military to restore calm following protests in which security force killed more than 30 people in Port Said. Mr. Morsi’s decision was prompted by the inability of the interior ministry’s police and security forces, Egypt’s most reviled institutions because of their role as implementers of the repression of the regime of ousted president Hosni Mubarak, to restore law and order in Port Said.

In a repetition of events during the 18-day popular uprising in early 2011 that forced Mr. Mubarak to resign after 30 years in office, the military agreed to protect installations, including the crucial Suez Canal but refrained from cracking down on protesters who believe that their city has been made a scapegoat for failed government policy and has been historically marginalized. In fact, troops at times joined protesters defying the curfew in the city, prompting rumors that the military may seize power in a bid to restore a modicum of political stability.

The protests in Port Said as well as Cairo were sparked by an intial court sentencing to death on January 26 of 21 supporters of Port Said’s Al Masri sports club on charges of resposnibility for the death of the fans in last year’s brawl. The Cairo court is scheduled to pronounce judgement on March 9 in the case of another 52 defendants, who include nine mid-level security officials.

The court’s failure to pronounce judgement in its first round on the security officials fueled perceptions that police and security forces continue to be above the law. Opposotion forces, soccer fans and protesters have long demanded that those responsible for the death of more than 800 people since demonstrations erupted in January 2011 against Mr. Mubarak be held accountable. A human rights report charged earlier this year that security forces continue to arbitrarily arrest and torture people.

Rival militant, highly politicized, street-battle hardened soccer fans in Port Said and Cairo agree that last year’s deadly brawl in which 74 supporters of crowned Cairo club Al Ahli SC died at the end of a match against Al Masri was not spontaneous. Both groups as well as a broad swath of public opinion are convinced that the brawl was an effort that got out of hand to cut down to size the militants who had played a key role in the protests that toppled Mr. Mubarak and subsequent opposition to the military that led Egypt to last year’s election that brought Mr. Morsi to office.

Al Ahli supporters welcomed the sentencing of the Al Masri fans but demanded that those responsible for the brawl in the military and the security forces, including the former head of the Supreme Council of the Armed Forces (SCAF), General Mohamed Hussein Tantawi, also be held accountable. Soccer fan protests in Port Said against the verdict struck a deep cord in a city of 750,000 that has long felt that it has been marganilized despite its role as a frontier town in the decades of conflict with Israel and its contribution to the Egyptian economy.

Port Said residents last month in response to a call by the Green Eagles, the militant Al Masri fan group, attempted to make notarized statements at government offices demanding that confidence in the Morsi government be withdrawn. Officials refused to notarize the statements.

The strikes and protests in Port Said located at the tip of the strategic Suez Canal have rattled the Morsi government and are inspiring its opponents to adopt the city’s civil disobedience tactics. In doing so, they threaten to empower opposition forces that have been struggling to channel public anger at Mr. Morsi’s haughty style of government and his rushing through of a controversial constitution. Opposition forces have already said they would boycot parliamentary elections scheduled for April.

James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, co-director of the University of Wuerzburg’s Institute for Fan Culture, and the author of The Turbulent World of Middle East Soccer blog.

Saturday, March 2, 2013

An Open Letter to College Athletes

Dear College Athletes:

You are obviously well aware of NCAA rules that prohibit you from advertising, recommending, promoting or endorsing the sale of commercial products and services.

Five years ago when Tim Tebow won the Heisman Trophy, I wrote him a letter on Sports Law Blog suggesting that he might consider suing third parties who profit from the use of his identity in commercial products without his permission.   By filing a lawsuit an athlete is not accepting payment for advertising, recommending, promoting or endorsing the sale of a product; rather the athlete would be protecting the property right in his identity from theft, which he has every legal right to do.

You may have heard that Heisman Trophy winner Johnny Manziel just recently filed a trademark lawsuit against someone for selling "Johnny Football" T-shirts without his permission.  As this is the first athlete with college eligibility to file a lawsuit asserting a trademark or right of publicity violation, the NCAA had no choice but to rule that Manziel can keep any money received from the litigation without it affecting his eligibility.

But the NCAA also clarified that any "loophole" created by Manziel's lawsuit is "closed" because they would consider it an NCAA violation if a lawsuit was an "orchestrated event" between the athlete and a booster to intentionally violate amateurism rules.

Putting aside the NCAA's conspiracy theory paranoia, here is the more likely scenario:

(1) Third party uses your identity in a product;

(2) Third party receives a cease and desist letter from your university which states that third party is violating NCAA amateurism rules and has no right to use your identity; and

(3) Third party throws the letter in the trash because (a) it is not bound by NCAA rules, (b) it is not using the university's intellectual property, (c) the university has no legal claim against it, and (d) it might even be willing to pay you a licensing fee absent your university's interference with its ability to obtain a license from you.

You see, Manziel's lawsuit exposes a dilemma that has always confronted the NCAA but which is no longer one of its best kept secrets.

The dilemma is that although the NCAA can prevent you from licensing (i.e. authorizing) the use of your identity to third parties for commercial purposes, it cannot and never could legally prevent you from receiving damages in a court of law through the enforcement of your legal rights against third parties who use your identity without your permission.  And you don't need to have a trademark because there are right of publicity laws in most states that protect you.

Manziel's lawsuit also exposes the fact that neither the NCAA nor your university has the legal right or authority to prevent, or interfere with, a non-member third party's use of your identity because that property right is yours and it is your property right that is being stolen.  Keep in mind that as your identity increasingly becomes more valuable for use in commercial products, third parties likewise become more willing to bear the cost of the licensing fee awarded to you in your lawsuit against them.

Manziel's lawsuit puts a spotlight on an NCAA rule that, unfortunately, not only interferes with a non-member's ability to enter a legal transaction with you but also burdens you with unnecessary and circuitous litigation that requires you to share one-third of the award with your lawyer.

Sincerely,

Rick Karcher
Sports Law Professor