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Parole d'experts Rencontre

Prohibition never resolved issues: Effective regulation fosters protection and responsibility

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Prohibition never resolved issues: Effective regulation fosters protection and responsibility | business-magazine.mu

Much has been said lately on Mauritius being the cradle of a “zougadère” nation... This concern triggered ire and recently materialised into a unilateral crackdown which may have an aftertaste of bias for a certain number of reasons which will be evoked at a further stage. In the democracy we rightly claim to be living, it is assumed that we have a common understanding on essential values such as consultation, rule of law, due process, separation of powers. Henceforth the absolute possibility to have recourse to courts of law if parties cannot come to terms and accept arbitration. Well into the 21st century, taking stock of the new dispensation which brought us from the edge of nuclear war each time the cold war gave signs of warming up, we may state that it is a generally accepted notion that freedom of choice is now regarded respected, rightly considered and cherished as a fundamental right. The more so when the decision-making process is a duly informed one ultimately made by adult and responsible citizens in a regulated environment. At the outset, one should differentiate games of luck from gambling and its avatars, betting and bookmaking. The latter which may develop into a neurotic pathology necessitating in extreme cases counselling if not medication per se.

One will recall the Prohibition era which lasted in the United States from 1920 through 1933, an “attempt to legislate morality” and decrease the “evils” of alcohol, actually created more – and new – types of crime. Proponents thereof “claimed that the nation’s health would improve dramatically and that crime would drop. By the time of the repeal, it was obvious that the measure was a failure. Illegal alcohol filled part of the void, and those products were often dangerous. Crime also increased. Illegal activity generated powerful crime syndicates that used murder, and bribery of public officials, to operate. Drug use increased. Worker productivity did not increase. Enforcement of the ban cost millions of dollars.

Our last budget speech gratified us a full section on the Nation zougadère rightly presented as a thorny issue without drawing even a fine line between the activities already falling within the ambit of the Gambling Regulatory.

Authority and the “grey” areas comprising gambling and betting activities not at all regulated such as on line betting and also illegal gambling. A total ban was announced on advertisement and issuance of new gambling houses licences. Topped up by a total ban on scratch cards. We will not dwell on other measures but only take note of the announcement made that the “Gambling Regulatory Authority under the aegis of the Prime Minister’s Office will also come up shortly with more details on operational measures to further curb gambling.” Whereas we have absolutely no doubt that the rationale behind such crackdown is laudable and fuelled by good intentions but as attributed to Saint Bernard de Clairvaux, “the road to hell is paved with good intentions” echoing Virgil’s “facilis descensus Averno the descent to hell is easy” in his Aeneid.

Those measures announced and commented ad nauseam unfortunately lack far-reaching visibility. It is to be hoped that the relevant authorities have done some homework with a view to pick up best practice, trends and good will related to responsible gaming and the ultimate purpose of regulation protection of players... Within the unilateral announcements in the form of a crackdown, it appears that walking the talk will not be as easy as the formulation “à l’emporte-pièce” reported by the media. The perception is one of déjà-vu to privilege the State-owned casinos ordeal due to endemic mismanagement and political dumping since decades. Yet another is one of deliberately targeted “chirurgical” strikes based upon some alleged intimacies”. Not to mention the ultimate agenda to reap the really needed cash which flows more in than out due to the intrinsic nature of the business model. Clarifications are badly needed. As what seems essential is the real need for assistance and counselling and the case of problem gambling, a pathology not to be linked to lottery, scratch cards and other “badinages”. Existing independent research and data testify and demonstrate the intrinsically non-addictive nature of what may be construed as “social “ and fun amusement activities with limited if not negligible impact on family resources.

This is certainly not the established case in relation to gaming houses, casinos, racing and sports betting and the more so on line betting and other illegal gambling activities wherein players are absolutely helpless in the absence of any regulation and protection.

In the present case and context, there are unfortunately reasons to believe that the prohibition like tough line may lead to the outcome of the prohibition laws referred to earlier i.e. FAILURE and its social backfiring elements. Hopefully high spirits will come to terms its feverish drive penalising the reasonable majority to create the illusion of protecting the few with judicious and articulate stands privileging a more inclusive and consultative mood to the benefit of all stakeholders... Fingers crossed (good luck).