Fairness and Transparency Must be Reciprocal
Sat, Apr 2, '05
Firstly, I wish to congratulate Captain Shivnarine Chanderpaul and Wavell Hinds on their magnificent performances in the first innings of the first Test against South Africa. This has been achieved within a climate of controversy and tension which makes their contributions quite outstanding.
This is of no surprise to me because of the quality and tenacity of our players on and off the field and how they have dealt with difficult situations in the recent past. They have had to contend with the current contract controversy and, contrary to what have been promoted in certain quarters, the players have always been focused on acting in a mature and responsible manner and putting regional cricket first.
Taking this on board, I know that the players' representatives have at all times endeavoured to represent all of its members and the interest of West Indies cricket. To do so, it has always recognised that the WICB is a pivotal part of this process and WIPA has tried to engage in meaningful negotiations in accordance with accepted practice and the spirit of partnership.
Unfortunately, the widely known historical adversarial relationship between the players and WICB, and more recently WIPA and WICB, has hampered the type of progress and approach to resolutions that should exist between the two entities which is so vital for the harmonious running and future of West Indies cricket. This is imperative especially given the current need to protect the West Indies cricket brand, to improve our competitiveness and ensure a successful World Cup event in the Caribbean.
WIPA and WICB have agreed to quarterly meetings and WIPA will be proposing formal protocol mechanisms for future negotiations and consultations. The former was discussed at the meeting of 24th March 2005 called by WIPA with WICB in Barbados.
At this meeting that I attended, I am of the view that WIPA also proposed that specific arbitration within a particular time frame be undertaken with regard to the C&W personal endorsement contracts of players and the WICB/Digicel contract.
This WICB/Digicel contract has a direct bearing on the issue since this contract is at the heart of the WICB's actions with regard to making players eligible for selection or not and is reported to contain clauses directly affecting players personal rights, inter alia.
The WICB decisions on whether or not the C&W contracts are in the nature of personal endorsement contracts and the decisions that the C&W contracts are in conflict with the WICB's obligations and players obligations to their main team sponsor have been made on the advice of WICB lawyers alone (according to the WICB's statement) and an independent assessment must be in the best interest of all concerned and in the interest of transparency and fairness.
Remember that, throughout this "sponsorship contracts" issue, WIPA has consistently acted in good faith whether submitting to and abiding by the rulings of Mr Justice Saunders, acting on the recommendations of the Caricom Prime-Ministerial Committee on Cricket, responding to the reasonable requests of the WICB and other persons attempting to mediate.
During this period WIPA has had to keep its members focused on the present series and informed as to all unfolding and impacting events. But it has done so without any disruption to team preparation in or out of camp and mindful of their responsibility to the game. There would have been strong feelings by WIPA members on the impasse over the "sponsorship contracts" issue and these and all views were canvassed and all options at WIPA's disposal were considered.
In this regard, WIPA's members have taken an initial decision that there should be no disruption to the Digicel Home Series against South Africa at this time but, I am assured that WIPA will continue to protect the rights of its members vigourously. Just as WIPA has shown respect for the negotiation process and those participating in it WIPA, as an organization, expects reciprocal conduct from those partners.
As most will be aware, WIPA has been negotiating with WICB on the players behalf regarding several outstanding matters alluded to by the WICB President in his regional address besides the sponsorship contracts issue and WIPA is committed to finalising same and reaching speedy conclusions.
I believe this can be accomplished as well as the arbitration and the other matters previously requested by WIPA may be thrashed out.
I know that WIPA has reiterated its commitment to the development and welfare of the game and its call upon the WICB to create and promote a professional environment in which all parties (players, administrators, sponsors and fans) may co-exist and act within known parameters for the long-term benefits of cricket in the Caribbean. It is my belief that such an accord can be achieved with the co-operation and maturity of all involved.
* Desmond Haynes is a former West Indies batsman who played in 116 Tests and 238 ODIs for the regional side. He currently serves as secretary of the West Indies Players' Association (WIPA).