The Legally Inclined Blog
Written by lawyers for non-lawyers.Something more precious than gold
Something more precious than gold
(The disabled’s ability to compete in the Summer Olympics)
By Siesta-friendly
To continue our Olympic series, we now discuss the triumphs of athletes we don’t expect to see in world-class sporting events normally participated in by able-bodied athletes.
As discussed previously, propulsion is a big no-no[1] in Olympic competitions. Because these athletes compete without mechanisms that give them advantage over their competitors, they qualified to compete in the Olympics (they may also have qualified to compete in the Paralympics but that’s another matter).
For most of these athletes, there was no legal case filed questioning their qualifications since most of them competed without any artificial limb. The one case filed and discussed later below is a landmark case. It is just unfortunate that the athlete involved was not able to qualify for the Beijing Games due to a slow running time.
George Eyser (1871-?)
The pioneer for all disabled Olympians is U.S. gymnast George Eyser[2] who competed with a wooden left leg in St. Louis 1904 where he won 3 golds, 2 silvers and 1 bronze. He had his leg amputated after a train ran over it.
Credit: IOC / Olympic Museum Collections/R. Witschel/IOPP
Neroli Fairhall (1944- 2006)
The pioneer for paraplegic Olympians is New Zealand archer Neroli Fairhall[3] who competed in Los Angeles 1984. She took up archery only after becoming paralyzed from the waist down due to a motorbike accident. There were questions on the possible advantage her wheelchair provided as support but nothing became of them.
Credit: www.marlarunyan.com
Marla Runyan (1969- )
At 9, Marla Runyan was diagnosed with Stargardt’s disease which causes legal blindness. Eventually, her vision deteriorated thus classifying her as legally blind. Regardless, she competed in track and field and won the 100m, 200m, 400m and long jump in the 1992 Barcelona Paralympics, and the Pentathlon in the Atlanta 1996 Paralympics.[4] She qualified for and competed in Sydney 2000 in the 1500m and in Athens 2004 in the 5000m race.[5]
Credit: http://news.bbc.co.uk
Natalie du Toit (1984- )
At 16, South African swimmer Natalie du Toit[6] was already an internationally competitive swimmer - having nearly qualified for Sydney 2000. In 2001, however, a careless driver directly ran into her left leg causing it to be amputated. She continued swimming and competed in the Paralympic Games in Athens 2004. Now at 24, she qualifies for the 1st time to compete in the Summer Olympics, albeit 1 leg short. She will compete in open water in the Women’s Marathon 10km in Beijing.
Credit: © Gaël Marziou (Kranjska Gora, 2007)
Natalia Partyka (1989 - )
Polish pingpong player Natalia Partyka[7] was born without a right forearm. Like Natalie Du Toit, she competes without any prosthetic. She has already competed twice in the Paralympic Games, in Sydney 2000 and Athens 2004. This year, both she and Natalie will compete in the Beijing Summer and Paralympic Games.
Credit: www.dailymail.co.uk
Oscar Pistorius (1986- )
Now on to the landmark case involving South African runner Oscar Pistorius and his artificial limbs called the Cheetah Flex-Foot (made by the Icelandic company Össur).[8] As backgrounder, Mr. Pistorius (aptly nicknamed the Bladerunner) was born with no calf bones nor ankles, and just two toes on each foot.[9] His parents eventually decided to have his legs amputated below the knees before his 1st birthday.
Though already very active in sports from an early age, he only took up sprinting when he injured his knee playing rugby in 2004. In the same year, he won gold in the 200m and bronze in the 100m races in the Athens Paralympics.
Also in 2004, he began to compete with able-bodied runners and began receiving invitations to compete in events sanctioned by the International Association of Athletics Federations (IAAF).
In 2007, the IAAF amended its rule on the use of technical devices which now reads and prohibits as follows:
“Use of any technical device that incorporates springs, wheels or any other element that provides the user with an advantage over another athlete not using such a device.” (IAAF Rule 144.2(e))
Also in 2007, and armed with high definition cameras, the IAAF videotaped Mr. Pistorius’ run in a Rome race. Months later, Mr. Pistorious participated in IAAF-sponsored biomechanical tests to determine if his prosthesis really gave him an advantage (contrary to the rule). The tests were made to evaluate his sprint movement, oxygen intake and blood lactate metabolism (together with 5 other “control” athletes).
Based on the tests, the IAAF ruled that there was indeed a violation of the rule because the tests showed that Mr. Pistorius gained advantages from the use of his prosthesis.
Mr. Pistorius then filed an appeal with the Court of Arbitration for Sport (CAS). In interpreting Rule 144.2 (e), the CAS determined that the ‘advantage’ the rule speaks of can only mean an “overall net advantage” because if the device is found to provide both advantages and disadvantages yet the disadvantages outnumber the advantages, the athlete is competing with an overall net disadvantage and, therefore, not in violation of the rule.
The CAS found that since the tests were only designed to find advantages and were not intended to discover disadvantages, the IAAF failed to prove that there was a violation of the rule as the tests failed to show if there was an overall net advantage or disadvantage.
In addition, the CAS ruled that the IAAF was not able to provide sufficient proof of actual advantages that: (1) the Cheetah Flex-Foot provides any metabolic advantage; (2) that the biomechanical effects of using it gave Mr. Pistorius an advantage over his competitors who don’t use it; or (3) its use acts more, or less, than a human ankle or lower leg in terms of spring-like quality.
The CAS also took note of the 10-year existence of the Cheetah Flex-Foot during which its use by other runners has not resulted in the ability of the latter to run competitively against able-bodied runners as Mr. Pistorius has.
In upholding Mr. Pistorius’ appeal, however, the CAS carefully noted that their decision does not: (1) apply to any future development of the Cheetah Flex-Foot; (2) preclude the possibility that the IAAF will someday be able to prove it that the device does violate the rule; nor (3) apply to any other athlete or any other prosthetic.
It would have been awesome to have seen the Bladerunner run in the Olympics, especially for other disabled athletes. But the decision is groundbreaking enough as to give athletes with prosthetics more hope in being able to compete against able-bodied athletes in the near future.
Certainly, the presence of Natalie du Toit and Natalia Partyka in the Beijing Games provide more than enough awe and inspiration to anyone.
[1] “The Modern Olympic Games”. http://www.olympic.org. 2007. International Olympic Committee. 29 July 2008 http://multimedia.olympic.org/pdf/en_report_668.pdf.
[2] “George Eyser”. www.databaseolympics.com. August 12, 2008 http://www.databaseolympics.com/players/playerpage.htm?ilkid=EYSERGEO01.
[3] “Neroli Fairhall”. www.beijing2008.cn. 2008. Beijing 2008 Olympic Games. 12 August 2008 http://en.beijing2008.cn/spirit/pastgames/halloffame/f/n214044766.shtml.
[4] “Ouch ! — its a disability thing”. www.bbc.co.uk. 15 August 2008. BBC. 15 August 2008 http://www.bbc.co.uk/ouch/paralympics/facts/.
[5] “Biography”. www.marlarunyan.com. 15 August 2008 http://www.marlarunyan.com/biography.php
[6] “Natalie’s Story”. www.nataliedutoit.com. 2006. 15 August 2008 http://www.nataliedutoit.com/?q=node/3
[7] Chang, Anita. “Polish teen to compete in Olympics and Paralympics”. www.suntimes.com. 10 Aug 2008. Chicago Sun-Times. 12 Aug 2008 http://stats.suntimes.com/olympics/story.asp?i=20080810102837687989008.
[9] Draper, Rob. “The fastest man on no legs now has the Olympics in his sights”. www.dailymail.co.uk 7 Jul 2007. Daily Mail. 12 August 2008 http://www.dailymail.co.uk/news/article-466904/The-fastest-man-legs-Olympics-sights.html
The Olympian
The Olympian
(Participating in the Olympic Games)
By Siesta-friendly
The XXIX Olympiad Games were declared open last night after the jaw-dropping opening ceremonies. China gets gold and breaks all records in the Olympics of opening ceremonies.
Anyway, the competitions are on.
So how did the athletes get there in the first place? How does one become an Olympian? Is it a matter of just signing up for the Olympics every 4 years? Are there qualification requirements? Who determines the athlete’s eligibility? Are there limits set for participating? How can one be disqualified?
The Organizations
In answering all the relevant questions (and more), it is important to be acquainted with the 3 main constituents of the Olympic Movement (Olympic Charter, Chapter I, Rule 1.2):
1. International Olympic Committee (IOC) – the supreme authority over the Olympic Movement which encompasses organizations, athletes and other persons who agree to be guided by the Olympic Charter. (Chapter I, Rule 1.1).
2. International Federations (IFs) – international organizations that establish and enforce the rules concerning the practice of their respective sports. (Chapter III, Rule 27.1.1) The IFs establish their criteria of eligibility for competing in the Olympics. (Chapter III, Rule 27.1.5) If they say you have to compete and meet a particular score in some world/international competition, then that’s what you must do.
3. National Olympic Committees (NOCs) – national organizations responsible for their countries’ representation at the regional, continental or world multi-sports competitions patronized by the International Olympic Committee (IOC). (Chapter III, Rule 28.3) The NOCs shall send to the Olympic Games only those competitors adequately prepared for high level international competition. (Chapter V, Rule 45.4) If for some reason, they deem you’re not good enough, you might have to experience the Games via TV. With our kind of politics – even in sports - that is not such a strange scenario.
The Olympian’s road to the Olympic Games is always regulated by these 3 organizations.
Eligibility
Now, we go to more specific eligibility rules for athletes.
Nationality rules -
1. The athlete must be a national of the country of the NOC which enters him in the competition. (Chapter I, Rule 42.1) However, problems relating to the determination of the country which an athlete may represent are resolved by the IOC. (Chapter I, Rule 42.1) And so, in Sydney 2000, the 4-man team from the newly-independent East Timor which had no NOC yet then, was allowed to participate as individual athletes and marched during the opening ceremonies under the Olympic flag.
2. The athlete who is a national of 2 or more countries may represent either one. However, after having represented 1 country in the Olympics, in international competitions recognized by the relevant IF, he may not represent another country unless 3 years have passed since he last represented his former country. Although this period may be reduced or even cancelled, with the agreement of the NOCs and IF concerned, by the IOC. (Chapter V, Rule 42, By-law 1 and 2)
In Beijing 2008, Becky Hammon a U.S. born and raised basketball player and 9-year WNBA player, will legally play for the Russian team despite having no Russian blood and not even being a full-time Russian resident (she goes home off-season) and will more likely be unaware of the words to the Russian anthem in case the Russians win gold. Although an exceptional player and prolific shooter, she has never been chosen to play for the U.S. team. In 2007, she signed a contract to play in the Russian pro basketball league. And in early 2008, she was given Russian citizenship after which she signed up to play for the Russian team. She might have dual citizenship but she can represent only 1 (at a time).
Age limit -
There is no age limit for competing in the Olympic Games other than as prescribed by the IF as approved by the IOC Executive Board.” (Chapter IV, Rule 43).
The oldest Olympian ever is Swedish shooter Oscar Swahn who at 72 won a silver medal in the running deer double-shot team event at Antwerp 1920 (no, they didn’t use real deer). [1] The youngest Olympian ever could be then 10-year old Greek gymnast Dimitrios Loundras who won bronze in Athens 1896.[2]
In Beijing, the talents of 67-year-old Japanese equestrian Hiroshi Hoketsu and 13-year old British diver Tom Daley, among others, will continue to justify the wisdom behind this rule.
Representation –
The number of entries in the individual events shall not exceed 3 per country, although the IOC may grant exceptions. (Chapter V, Rule 45.11) For team sports, the number of teams shall not exceed 12 twelve teams for each gender and not less than 8 teams, unless the IOC decides otherwise. (Chapter V, Rule 45.12)
The number of athletes competing in the Summer Games shall be limited to 10,500 unless the IOC provides otherwise. (Chapter V, Rule 45.14) Thus, in Athens 2004, 10,625 athletes played.
The Olympic Charter and the World Doping Code -
To be eligible for participation in the Olympic Games, an athlete must comply with the Olympic Charter and respect and comply in all aspects with the World Anti-Doping Code. (Chapter V, Rule 41)
Anti-Doping
We discussed the Olympic Charter last week. Now it’s time to tackle the Anti-Doping Rules[3]. These rules are particular to Beijing 2008 and are applicable from “the date of the opening of the Olympic village for the Olympic Games, namely, 27 July 2008 up until and including the day of the closing ceremony of the Olympic Games, namely, 24 August 2008”. (Article 5.1)
These are some of the more crucial rules:
1. Each athlete is responsible that no prohibited substance enters his body. Thus, an athlete cannot rightfully claim lack of intent, fault or negligence once caught. (Article 2.1.1)
2. Mere possession of a prohibited substance is a violation, unless such is pursuant to an exemption granted for therapeutic use or other acceptable justification. (Article 2.6.1)
3. Athletes shall be subject to Doping Control (collection and testing of samples) at any time or place, with no advanced notice. (Article 5.1)
4. Refusing, or failing without compelling justification, to submit to sample collection after notification, or otherwise evading sample collection, is already a rule violation. (Article 2.3)
5. An athlete who is unavailable for testing on 2 separate occasions, or on 1 occasion in the event that he was unavailable for testing on 2 other occasions in the 18 month period prior to the missed test during the Olympic Games, shall be deemed to have violated the anti-doping rules. (Article 5.5.2)
6. Pre-competition tests can be done on blood and urine at any time based on: (i) IF ranking or, (ii) any fact determined upon the IOC’s discretion. (Article 5.6.1.1)
7. Post-competition tests can be done on blood and urine at any time, as follows: (Article 5.6.1.1)
a) for individuals competitions, each athlete finishing in the top 5 placements in all disciplines, plus 2 other Athletes (in the lead-up competitions or the final) unless otherwise agreed between the IOC and the relevant IF.
b) for team competitions, testing will be done throughout the Games. During the preliminary rounds, the quarter and semi-finals, at least 1 athlete will be selected from at least 25% of the competitions. In addition, a minimum of 3 athletes will be selected from each of the top four finishing teams.
On all athletes who set or break a world or Olympic record.
d) Plus, EPO (a banned blood booster) tests shall be done for all 3 medalists and other athlete/s selected by the IOC.
Significantly, athletes can now be tested more than once a day, anytime and anywhere.
“The important thing is not winning but taking part”
In a speech at the London Olympiad 1908, the father of the Modern Olympiad, Pierre de Coubertin proclaimed:
“In these Olympiads, the important thing is not winning but taking part … What count in life is not the victory but the struggle; the essential thing is not to conquer but to fight well.”[4]
The athletes have spent the past 4 years practicing, preparing and competing to earn a spot in the Olympiad. Time for us to appreciate all their efforts.
[1] ”Oscar Swahn”. www.databaseolympics.com. August 9, 2008 http://www.databaseolympics.com/players/playerpage.htm?ilkid=SWAHNOSC01.
[2] “Dimitrios Loundras”. www.databaseolympics.com. August 9, 2008 http://www.databaseolympics.com/players/playerpage.htm?ilkid=LOUNDDIM01.
[3] “The International Olympic Committee Anti-Doping Rules”. www.olympic.org. 7 May 2008. International Olympic Committee. 2 August 2008 http://multimedia.olympic.org/pdf/en_report_1316pdf.
[4] “The Modern Olympic Games”. http://www.olympic.org. 2007. International Olympic Committee. 29 Jul 2008 http://multimedia.olympic.org/pdf/en_report_668.pdf.
Citius – Altius – Fortius
Citius – Altius – Fortius
(The Olympic Values and Sports)
By Siesta-friendly
This is just a short primer on the Olympic Games, with more focus on the Games Programme and its sports. The discussion below is based on the Olympic Charter[1]and “The Modern Olympic Games”[2](both published by the International Olympic Committee (IOC).
It is hoped that the information here enlightens, encourages and prepares you to further enjoy the coming XXIX Olympiad, Beijing 2008.
Let the Games begin.
The Olympic Games
Let’s start with some basic rules about the Games as set forth in the Charter (Chapter I, Rule 6):
1. “The Olympic Games are competitions between athletes in individual or team events and not between countries.” In fact, the Charter prohibits the IOC and Organizing Committee to provide medal rankings per country. (Chapter IV, Rule 58). There’s nothing they can do about media outlets doing it though.
2. “The Olympic Games consist of the Games of the Olympiad and the Olympic Winter Games. Only those sports which are practiced on snow or ice are considered as winter sports.” By the way, the 1st Olympiad was held in 1896 in Athens, Greece while the Winter Games started only in 1924 in Chamonix, France.
3. “The authority of last resort on any question concerning the Olympic Games rests with the IOC.” However, “any dispute arising on the occasion of, or in connection with, the Olympic Games shall be submitted exclusively to the Court of Arbitration for Sport, in accordance with the Code of Sports-Related Arbitration.” (Chapter V, Rule 59)
4. “Notwithstanding the applicable rules and deadlines for all arbitration and appeal procedures, and subject to any other provision of the World Anti-Doping Code, no decision taken by the IOC concerning an edition of the Olympic Games … can be challenged by anyone after a period of three years from the day of the Closing Ceremony of such Games.” Fair enough. There shouldn’t be any more controversy carried from the old Olympiad at the start of the new one.
In addition:
1. The Summer Games are held in the 1st year of an Olympiad, the Winter Games in its third year. (Chapter III, Rule 33, By-law) An Olympiad is a period of 4 consecutive calendar years, beginning on the 1st of January of the 1st year and ending on the 31st of December of the 4th year. (Chapter I, Rule 6, By-law)
2. The Olympic Games’ duration “shall not exceed sixteen days”. (Chapter III, Rule 33.1)
Now that we’ve tackled the broad topic. Let’s look into the Games’ Programme and its components.
Sport, Discipline, Event
The line up of competitions for each Olympic Games is called the Programme. Under the Charter, the Programme of the Games has 3 components: sports, disciplines and events. Sports are those sports governed by International Federations (IFs). A discipline is a branch of a sport comprising 1 or several events. An event is a competition in a sport or in one of its disciplines, resulting in a ranking and giving rise to the award of medals and diplomas. (Chapter III, Rule 46.2)
Can’t tell the difference? Let’s take Gymnastics. Gymnastics is the sport. It has 3 disciplines: Artistic, Rhythmic and Trampoline. Artistic Gymnastics has several events (for men and women): balance beam, uneven bars, floor exercises, horizontal bar, parallel bars, pommel horse, rings, vault, individual all-round, and team competition. Rhythmic Gymnastics has 2 events (only for women): individual and group competition. Trampoline also only has 2 events (1 for each gender): Women’s individual and Men’s individual.
Inclusion in the Programme
Now, in order to be included on the Olympic Programme, the Olympic Charter lays down the following basic conditions which a sport has to meet:
1) the sport must be represented by an IF (Chapter III, Rule 46.2).
2) the World Anti-Doping Code must be adopted and implemented (you know, regular and random drug testing, etc.) (Chapter III, Rule 46.3); and
3) the Olympic Charter must be complied with (Chapter III, Rule 46, By-law 1.7).
“The Modern Olympic Games” add that summer sport: 1) must be widely practiced by men, in 75 countries on 4 continents, and by women in 40 countries on 3 continents; and 2) must not rely on mechanical propulsion (such as a motor). On the other hand, a winter sport must be widely practiced in at least 25 countries and on 3 continents. No distinction is made here between men and women.
By the way, IFs are “international non-governmental organizations administering one or several sports at world level and encompassing organizations administering such sports at national level.” As such, each IF “maintains independence and autonomy in the administration of its sport.” (Chapter 3, Rule 26).
The “organizations administering such sports at national level” are called National Olympic Committees (NOCs). The IFs organize the Olympic qualifying competitions while the NOCs make sure their athletes are entered to compete therein.
Sports Core
The sports included in the Summer Games Programme consist of a sports core (“the core”) and additional sports (Chapter III, Rule 46, By-law 2.1.1). The core consists of at least 25 of the sports administered by the 28 IFs below:
1) International Association of Athletics Federations (IAAF); 2) International Rowing Federation (FISA); 3) International Badminton Federation (IBF); 4) International Baseball Federation (IBAF); 5) International Basketball Federation (FIBA); 6) International Boxing Association (AIBA); 7) International Canoe Federation (ICF); 8 ) International Cycling Union (UCI); 9) International Equestrian Federation (FEI); 10) International Fencing Federation (FIE); 11) International Association Football Federation (FIFA); 12) International Gymnastic Federation (FIG); 13) International Weightlifting Federation (IWF); 14) International Handball Federation (IHF); 15) International Hockey Federation (FIH); 16) International Judo Federation (IJF); 17) International Federation of Associated Wrestling Styles (FILA); 18 ) International Swimming Federation (FINA); 19) International Union of the Modern Pentathlon (UIPM); 20) International Softball Federation (ISF); 21) World Taekwondo Federation (WTF); 22) International Tennis Federation (ITF); 23) International Table Tennis Federation (ITTF); 24) International Shooting Sport Federation (ISSF); 25) International Archery Federation (FITA); 26) International Triathlon Union (ITU); 27) International Sailing Federation (ISAF); 28 ) International Volleyball Federation (FIVB). (Chapter III, Rule 46, By-law 2.1.2)
Since only 28 sports are allowed for each edition of the Summer Games, once the 25 sports are chosen, only 3 slots are open to be filled from the same list above and/or from Recognized Sports. (Chapter III, Rule 46, By-law 2.1.3 and 2.1.4)
Recognized Sports are those sports whose IFs have been recognized by the IOC but only provisionally.
Recognized Sports
This is off-topic but in case you’re curious, these Recognized Sports (summer and winter) are[3]: Air Sports (which meets the altius part of the motto, at least), Bandy (or field hockey on ice), Billiard Sports (now there’s the Philippines’ chance to finally get a gold), Boules (seems a distant cousin of bowling), Bowling, Bridge (??? is Monopoly next?), Chess, Cricket, DanceSport (sporty name for ballroom dancing), Golf, Karate, Korfball (Dutch basketball/netball. Main come-on is that men and women play together), Life Saving (the sport of lifeguards), Motorcycle Racing (Aren’t motors banned?), Mountaineering and Climbing (Another one for altius), Netball (close cousin of Korfball), Orienteering (to finally make some use of those scout skills), Pelote basque (Jai Alai to Filipinos), Polo, Powerboating (Again, the motors), Racquetball (Isn’t this Squash?), Roller Sports, Rugby, Squash (Isn’t this Racquetball?), Sport climbing (sporty name for indoor climbing), Surfing, Sumo (citius-fortius-magnus?), Tug of War (seriously), Underwater Sports, Water Skiing, Wushu.
Really, a good number of the IFs involved in the “sports” mentioned above should maybe just get together and hold their own Outdoors Olympics.
The Olympic Movement and Olympism
This primer will not be complete without discussing the Olympic Movement (“organizations, athletes and other persons who agree to be guided by the Olympic Charter”). “The goal of the Olympic Movement is to contribute to building a peaceful and better world by educating youth through sport practiced in accordance with Olympism and its values.”(Chapter I, Rule 1)
Under the Charter, these are the Fundamental Principles of Olympism:
1. Olympism is a philosophy of life, exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, Olympism seeks to create a way of life based on the joy of effort, the educational value of good example and respect for universal fundamental ethical principles.
2. The goal of Olympism is to place sport at the service of the harmonious development of man, with a view to promoting a peaceful society concerned with the preservation of human dignity.
3. The Olympic Movement is the concerted, organized, universal and permanent action, carried out under the supreme authority of the IOC, of all individuals and entities who are inspired by the values of Olympism. It covers the five continents. It reaches its peak with the bringing together of the world’s athletes at the great sports festival, the Olympic Games. Its symbol is five interlaced rings.
4. The practice of sport is a human right. Every individual must have the possibility of practicing sport, without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play. The organization, administration and management of sport must be controlled by independent sports organizations.
5. Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.
6. Belonging to the Olympic Movement requires compliance with the Olympic Charter and recognition by the IOC.
Competition is good, fun, healthy. It is inspiring to watch those who are Citius, Altius, Fortius. But, as embodied in the Olympic Charter, the Olympic spirit is reflected by those who practice Friendship, Solidarity and Fair Play.
[1] “Olympic Charter”. http://www.olympic.org. October 2007. International Olympic Committee. 29 Jul 2008 http://multimedia.olympic.org/pdf/en_report_122.pdf.
[2] “The Modern Olympic Games”. http://www.olympic.org. 2007. International Olympic Committee. 29 Jul 2008http://multimedia.olympic.org/pdf/en_report_668.pdf.
[3] “Recognised Sports”. http://www.olympic.org. 2008. International Olympic Committee. 29 Jul 2008 http://www.olympic.org/uk/sports/recognized/index_uk.asp.
REAL PROPERTIES
REAL PROPERTIES
(The World Heritage List)
By Siesta-friendly
We hear it every now and then, that this or that location is being considered as a World Heritage site. Is it just wishful thinking, tourism propaganda or are these sites really deemed worth the recognition? Before we enumerate those of our local wonders which actually made it to the World Heritage List, let’s get to know a little more about this list.
Based on the 1972 “Convention Concerning the Protection of the World Cultural and Natural Heritage”[1], the World Heritage List was set up to identify, preserve and present man-made and natural wonders of our world. Setting up, managing and updating the List is part of the mission of the United Nations Educational, Scientific and Cultural Organization (UNESCO) to ensure the protection of the world’s natural and cultural heritage.
Although each nation is responsible for its own cultural and natural treasures, the “Convention recognizes that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co-operate.” (Article 6 (1)). Thus, once a creation (man-made or otherwise) is included in the List, access to “international assistance and co-operation, in particular, financial, artistic, scientific and technical” assistance, then becomes available (Article 4).
In any case, the prestige alone of being included in the List creates invaluable publicity and, of course, tourism.
Cultural and Natural Heritage
Although specific guidelines for inclusion in the List are set by the World Heritage Committee (as set forth later below), the basic definitions of the properties that form part of the world’s cultural and natural heritage have been laid down in the Convention.
Under Article 1, the following are considered as cultural heritage:
1) monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;
2) groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; and
3) sites: works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.
Under Article 2, the following are considered as natural heritage:
1) natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view;
2) geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation; and
3) natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.
“Outstanding Universal Value” and the 10 Criteria for Inclusion
Reading the above definitions of property forming part of cultural and natural heritage, the one constant is that the property must be of outstanding universal value. The Committee, in its current Operational Guidelines, considers a property to be of outstanding universal value if it meets any 1 of the following 10 criteria[2]:
1) represents a masterpiece of human creative genius;
2) exhibits an important interchange of human values, over a span of time or within a cultural area of the world, on developments in architecture or technology, monumental arts, town-planning or landscape design;
3) bears a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared;
4) is an outstanding example of a type of building, architectural or technological ensemble or landscape which illustrates (a) significant stage(s) in human history;
5) is an outstanding example of a traditional human settlement, land-use, or sea-use which is representative of a culture (or cultures), or human interaction with the environment especially when it has become vulnerable under the impact of irreversible change;
6) directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance. (The Committee considers that this criterion should preferably be used in conjunction with other criteria);
7) contains superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance;
8 ) is an outstanding example representing a major stage of earth’s history, including the record of life, significant on-going geological processes in the development of landforms, or significant geomorphic or physiographic features;
9) is an outstanding example representing a significant on-going ecological and biological process in the evolution and development of terrestrial, fresh water, coastal and marine ecosystems and communities of plants and animals;
10) contains the most important and significant natural habitat for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation.
Finally, also under the guidelines, a property to be deemed of outstanding universal value “must also meet the conditions of integrity and/or authenticity and must have an adequate protection and management system to ensure its safeguarding”.
So, now you know, what exactly can get into the List. Let’s check which of our heritage have made it.
Philippine World Heritage Sites
To date, the Philippines has 5 properties included in the List (3 cultural and 2 natural)[3]. They are the ff: (You may click on each item to go to their respective UNESCO web pages.)
1. Baroque Churches of the Philippines (4 churches in Manila, Ilocos Sur, Ilocos Norte and Iloilo);
2. Rice Terraces of the Philippine Cordilleras (Ifugao)
3. Historic Town of Vigan (Ilocos Sur)
4. Tubbataha Reef Marine Park (Palawan)
5. Puerto-Princesa Subterranean River National Park (Palawan)
We must note that the Rice Terraces are also in another World Heritage List, a much shorter list comprising only 30 properties, but not exactly an elite club since it’s called the List of World Heritage in Danger. These are properties “threatened by serious and specific dangers” and “for the conservation of which major operations are necessary and for which assistance has been requested under this Convention.” (Article 11 (4))
Tentative List
Before being included in the List, before even being nominated for inclusion in the World Heritage List, the property must first be submitted as part of a nation’s Tentative List of Cultural and Natural Heritage.
The Philippines’ Tentative List is as follows, with their corresponding date of submission: (You may also click on each item to go to their respective UNESCO web pages.)
1) Agusan Marsh Wildlife Sanctuary (16/05/2006)
2) Angono Triglyphs (15/08/1993)
3) Apo Reef Natural Park (16/05/2006)
4) Baroque Churches of the Philippines (Extension) (16/05/2006)
5) Batanes Protected landscapes and seascapes (15/08/1993)
6) Butuan Archeological Sites (16/05/2006)
7) Chocolate Hills Natural Monument (16/05/2006)
8 ) Coron Island Natural Biotic Area (16/05/2006)
9) El Nido-Taytay Managed Resource Protected Area (16/05/2006)
10) Jesuit Churches of the Philippines (15/08/1993)
11) Kabayan Mummy Burial Caves (16/05/2006)
12) Ligawasan Marsh (16/05/2006)
13) Mt. Apo Natural Park (16/05/2006)
14) Mt. Iglit-Baco National Park (16/05/2006)
15) Mt. Malindang Range Natural Park (16/05/2006)
16) Mt. Matutum Protected Landscape (16/05/2006)
17) Mt. Pulag National Park (16/05/2006)
18 ) Neolithic Shell Midden Sites in Lal-lo and Gattaran Municipalities (16/05/2006)
19) Northern Sierra Madre Natural Park and outlying areas inclusive of the buffer zone(16/05/2006)
20) Paleolithic Archaeological Sites in Cagayan Valley (16/05/2006)
21) Panglao Island, Bohol (16/05/2006)
22) Petroglyphs and Petrographs of the Philippines (16/05/2006)
23) San Sebastian Church (16/05/2006)
24) Spanish Colonial Fortifications of the Philippines (16/05/2006)
25) Taal Volcano Protected landscape, Batangas (16/05/2006)
26) The Maranao Settlement of Tugaya (16/05/2006)
27) The Tabon Cave Complex and all of Lipuun (16/05/2006)
28 ) Tubbataha Reefs Natural Park (07/01/2008 )
29) Turtle Islands Wildlife Sanctuary (16/05/2006)
It may take a long while for any of these properties to jump from the Tentative List to the World Heritage List - the Angono stone carvings and the gorgeous Batanes landscapes have been on the Tentative List since 1993 – but that doesn’t make them any less the treasures and wonders that they are. At the very least, the Tentative List provides a very useful guide on what place to visit next!
[1] “UNESCO World Heritage Convention.” World Heritage. 27 July 2008. UNESCO. 27 July 2008 http://whc.unesco.org/en/conventiontext/.
[2] Par. 77, “The Operational Guidelines for the Implementation of the World Heritage Convention.” World Heritage. January 2008. Unesco. 27 July 2008 http://whc.unesco.org/archive/opguide08-en.pdf.
[3] “Philippines: Properties inscribed on the World Heritage List.” World Heritage. 27 July 2008. Unesco. 27 July 2008 http://whc.unesco.org/en/statesparties/ph.
Sustained and Overruled
Sustained and Overruled
(The how, when and why of making objections)
By Obiter07
It is the usual stuff of movies, the defense lawyer rising up to forcefully say “Objection, your honor” and then launching into an impassioned argument why a certain question must not be answered by the witness. And this is the one question that turns the tables on the prosecution such that his client is freed. It is fertile ground for theatrics by practitioners, particularly when the client is around. A lawyer does not seem to be earning his keep unless he speaks at lot during trial. And so it goes, but objections do serve a purpose in the dispensation of justice.
Objections can and should be made on quite a few occasions such as in the pleadings but this discussion will be limited to those made during the course of a trial. Objections are, in the main, covered by the Rules on Evidence (Rules 128 to 134, Rules of Court) which apply to both civil and criminal proceedings. The “rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules.” (2a) (Section 2, Rule 128)”
Types of Objections
The first rule for objections is that you must be quick to make them. An objection which is not made in a timely fashion may result in the admission of testimony or evidence which may be unfavorable to your case. Hence, a practitioner has to be quick and adept in identifying whether a question is proper or not, and registering any objection before it can be answered.
As stated in the Rules, “Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent.” (Section 36, Rule 132).
What are the typical objections? First would be the objection that the question is “leading.” Ordinarily, the facts should come from the witness. But a lawyer can phrase a question in such a way that it points to the answers that he wants to get. If in his question, the lawyer has somehow added facts not yet admitted, then the question is leading.
Objections can be made on the ground that the evidence sought is irrelevant, incompetent, or immaterial. The question’s logical and direct connection to the issue must be apparent. But relevancy, competency and materiality can still be established after the objection is sustained.[1]
A question can be objected to on the ground that it is vague. If your witness has already testified, you can object to a question if it has already been answered. This is just in case the witness makes a mistake and varies his answer, which can be taken against you.
Multiple questions and questions where the basis has not been laid can be objected to as well. You can object to a question if the witness is not competent to testify on a particular matter, if it is covered by privilege, that it calls for an opinion, that it is not covered by the pleadings, that the matter is not covered by the pleadings, is not the best evidence, calls for hearsay, or if the question is misleading.[2]
Objections that are sustained does not necessarily bar the evidence sought to be presented. But it can rattle your opponent no end if his questions are put on hold one after the other. Generally, counsel goes over the testimony of a witness before trial by following a set of questions to ask that are in order. Once his questions get caught by a valid objection, he may be hard pressed on how to establish the facts he aims to prove against you.
But your lawyer need not raise an objection all the time if it is the same type or class of questions previously objected to. He can make of record a continuing objection. “When it becomes reasonably apparent in the course of the examination of a witness that the question being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of questions.” (Section 37).
All is not lost, however, if the witness proves quicker to the draw, answering a question before an objection can be made. In such an instance, counsel can still ask that the question be stricken from the record. The Rules provide that should “a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, and such objection is found to be meritorious, the court shall sustain the objection and order the answer given to be stricken off the record.” Answers that are “incompetent, irrelevant, or otherwise improper” can also be stricken (Section 39).
While this is available, you cannot underestimate the damage that may be done by answers already given although stricken out at a later time. It is still more advisable that strong words against your case are never heard by the judge.
Ruling on an objection
The judge has to make a ruling “immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.” But the judge’s reason for “sustaining or overruling an objection need not be stated.” And it is only when the “objection is based on two or more grounds” that “a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon.” (38a) (Section 38, Rule 132)”
It is important that all the objections be made of record even if the trial judge disallows all or most of them. This is because even if he rules against you in the end, your objections may still be appreciated by the appellate court when it goes over the case file. You could argue in your appeal that the judge below erred in overruling your objections to the evidence which was allowed to be presented. But if the objections were not formalized, this makes it harder for you to argue the case before a higher court. Normally, the court then will only look at the records and if there is nothing there, your arguments will go for naught.
Excluded Evidence
What happens if the shoe is on the other foot, and you are unable to present testimony that would have bolstered your case due to your opponent’s objections? You have to make a “tender of excluded evidence,” and you do this by “stating for the record the name and other personal circumstances of the witness and the substance of the proposed testimony.” (n) (Section 40). A “tender” is important, for the same reason why objections should be made of record, as a tool for appeal.
The next time you get to watch a trial, you may now appreciate more how important objections are. A trial presents two sides of a story and objections get to dictate in some measure what details get to be heard and admitted by the court and how the story will end, with you either winning or losing.
[1] Jacinto, An Introduction to Trial Practice and Technique (1990), p. 221.
ABBA Week, Day 6: Cheating Gloria
Cheating Gloria
(Song dedicated to a certain Gloria and sung to the tune of “Chiquitita”[1])
By Siesta-friendly
Cheating Gloria, you are what’s wrong
Policies of greed and torture
In your hands there is no hope for the future
How we hate to suffer like this
Even if you always deny it
We all know economy is down the toilet
Cheating Gloria, we know the truth
Bribing people to protect you
Your best friend, is the one who gets most from you
You were always sure of yourself
Breaking laws left, right and whenever
We need you out so we can get our act together
Cheating Gloria, you and I know
How the powers come and they go and you’ll soon be leaving
You’ll be drinking to your end and our pain will end
We will make no time for grieving
Cheating Gloria, making us cry
With our money paying your debt and making us poorer
Let me hear you lie once more like you did before
Fake a data, Cheating Gloria
Lie once more like you did before
Spin your data, Cheating Gloria
When the walls come tumbling down
And our nation’s still the 3rd world
All are gone and I’m sure you’re in the 1st world
Cheating Gloria, we know the truth
Even if you always deny it
We all know economy is down the toilet
Cheating Gloria, you and I know
How the powers come and they go and you’ll soon be leaving
It’s too long ‘til 2010 when our pain will end
Until then we’ll be always grieving
Cheating Gloria, making us cry
Activists and journalists die, we’re crying for justice
Let me hear you lie once more like you did before
Propaganda, Cheating Gloria
Lie once more like you did before
Your agenda, Cheating Gloria
Lie once more like you did before
Who’ll believe ya, Cheating Gloria?
ABBA Week, Day 5: No more Trooper
No more Trooper
(Song about a change in lifestyle and sung to the tune of “Super Trouper”[1])
By Siesta-friendly
Rising prices kill me
Can’t avoid the blues
thinking I have to
trade my SUV and commute
I was going broke every week
Whenever the fuel prices increase
Now that rising prices have been steep
Wishing it was slow but it wasn’t so
(wishing it was slow but it wasn’t so)
So imagine I was sad about increases
(sad about increases)
Suddenly I’m not alright
(and suddenly its gonna be)
And it’s gonna be so different
When I’m on the road tonight …
Tonight there’s
no more Trooper ride that’s gonna take me
guzzling so much gas
(no m-more Troop-p-per)
like it never has
(no m-more Troop-p-per)
’cause now all that is gone and past
Tonight there’s
no more Trooper ride that’s gonna cost me
But I won’t feel blue
(no m-more Troop-p-per)
Like I used to do
(no m-more Troop-p-per)
`cause now I’m saving money too
Be with twenty other commuters
How can anyone be so lonely
Hoping that someday it somehow ends
Still I’m thinking of saving money
(still I‘m thinking of saving money)
There are moments when I think I’m going crazy
(think I’m going crazy)
But it’s gonna be alright
(even though I’ve changed my ride)
Everything will be so different
When I’m on the road tonight
Tonight there’s
no more Trooper ride that’s gonna take me
guzzling so much gas
(no m-more Troop-p-per)
like it never has
(no m-more Troop-p-per)
’cause now all that is gone and past
Tonight there’s
no more Trooper ride that’s gonna cost me
But I won’t feel blue
(no m-more Troop-p-per)
Like I used to do
(no m-more Troop-p-per)
`cause now I’m saving money too
So I’ll be there and I’ll arrive
The sight of me will prove that it was worth the ride
And when I tell you what I‘ve saved
Don’t think I’m tight
I know that I have saved a lot tonight
Tonight there’s
no more Trooper ride that’s gonna take me
guzzling so much gas
(no m-more Troop-p-per)
like it never has
(no m-more Troop-p-per)
but now all that is gone and past
Tonight there’s
no more Trooper ride that’s gonna cost me
But I won’t feel blue
(no m-more Troop-p-per)
Like I used to do
(no m-more Troop-p-per)
`cause now I’m saving money too
[1] ABBA. “Super Trouper”. Super Trouper. Polar Music, 1980.
ABBA Week, Day 4: Crony, Crony, Crony
Crony, Crony, Crony
(Song reminder of the government culture and sung to the tune of “Money, Money, Money”[1])
By Siesta-friendly
They scheme all night, they plot all day, to pocket all the tax we pay
Makes us sad
And even if we make a fuss there’s still no money left for us
Makes us mad!
In their dreams they have a plan
To become much wealthy men
They have no care for all our fate ‘cause they can easily migrate …
Crony, crony, crony
Always hungry
Taking what they can
Always happy
Carrying out their plan
Aha-ahaaa
All the things that they do
To get every bit of money
In the government
In the government
Men like them easy to trace but never quite easy to chase
Makes us sad
And they want everything for free all paid for by the treasury
Makes us mad!
They must leave, They have to go
Otherwise we’ll be more poor
And be indebted ‘til the end even our great grandchildren …
Crony, crony, crony
Always hungry
Taking what they can
Crony, crony, crony
Always happy
Carrying out their plan
Aha-ahaaa
All the things that they do
To get every bit of money
In the government
Crony, crony, crony
Always hungry
Taking what they can
Crony, crony, crony
Always happy
Carrying out their plan
Aha-ahaaa
All the things that they do
To get every bit of money
In the government
In the government
[1] ABBA. “Money, Money, Money”. Arrival. Polar Music, 1976.
ABBA Week, Day 3: Jovito
Jovito
(Song dedicated to a certain general and sung to the tune of “Fernando”[1])
By Siesta-friendly
Can you hear the cries Jovito?
It wasn’t too long ago another starry night like this
In our freedomfight Jovito
You ordered our execution to be done in the dark
No one heard the cries and screams
And sounds of torture that were coming from afar
You are closer now Jovito
Every hour every minute to last in hell eventually
You should be afraid Jovito
We were young and full of life and none of us prepared to die
And I’m not ashamed to say
The sound of guns and soldiers really made me cry
We were fighting for Equality
If you were bright, Jovito
You’d have fought with us for Honesty,
For Liberty, Jovito
Though we never thought that we could die
There’s no regret
If I had to do the same again
I would, dear Gen. Jovito
If I had to do the same again
I would, dear Gen. Jovito
When you’re old and grey Jovito
After many years have passed without a rifle in your hand
You’ll still hear the cries Jovito
You’ll recall the frightful night you ordered that we meet our end
I see evil in your eyes
How proud you were to fight our freedom in this land
We were fighting for Equality
If you were bright, Jovito
You’d have fought with us for Honesty,
For Liberty, Jovito
Though we never thought that we could die
There’s no regret
If I had to do the same again
I would, dear Gen. Jovito
If I had to do the same again
I would, dear Gen. Jovito
We were fighting for Equality
If you were bright, Jovito
You’d have fought with us for Honesty,
For Liberty, Jovito
Though we never thought that we could die
There’s no regret
If I had to do the same again
I would, dear Gen. Jovito
Yes, if I had to do the same again
I would, dear Gen. Jovito …
ABBA Week, Day 2: I Have A Scheme
I Have A Scheme
(Song reminder of what we taxpayers are up against and sung to the tune of “I Have A Dream”[1])
By Siesta-friendly
I have a scheme that may not bring
A bit of help to those paying
If you see me wander, dealing everywhere
You can always be sure I’m getting quite a share
I believe in patrons
And I know that they will protect me
I believe in patrons
Knowing they will benefit with me
I’ll push the deal … I have a scheme
I’ll push the deal … I have a scheme
I have a scheme, a deal to bring
much wealth to me and my family
And my percentage makes it worth my while
Pushing negotiations still another mile
I believe in patrons
And I know that they will protect me
I believe in patrons
Knowing they will benefit with me
I’ll push the deal … I have a scheme
I’ll push the deal … I have a scheme
I have a scheme that’s promising
To help me pay for anything
If you see me wander, working off my tail
You can always be sure I’ll never be in jail
I believe in patrons
And I know that they will protect me
I believe in patrons
Knowing they will benefit with me
I’ll push the deal … I have a scheme