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Version: 1.4 Date: Tuesday 13 August 2019

11th Executive Committee meeting Thursday 6 June and Thursday 5 September 2019 By video and teleconference

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The Platform envisages a future world of sport that is very different to the one that exists today. It articulates the rationale for that vision and the pathway to its attainment. As its centrepiece, the Platform commits to ensuring that the human rights of everyone involved in the delivery of sport are protected, respected and upheld. It acknowledges that players are people first, and athletes second, and commits to maximising the personal development of players as well as their sporting careers. This is essential if players are to contribute not only to their sports, but to society at large.

The future world of sport will therefore be underpinned by adherence to universal principles and international law. Fundamental player rights will be embedded in sport at the global level. International sporting bodies will respect human rights and join forces with sport’s many global stakeholders – including the United Nations and its agencies, governments, brands, broadcasters, NGOs, the trade union movement and, of course, the World Players Association (World Players) – to embed the human rights of all in global sport.

The Platform calls for substantive, cultural and institutional change to the governance of global sport. Without it, adverse human and player rights impacts will not be prevented when they should, players will suffer avoidable harm, and be denied the opportunity to realise their potential. For this work to be completed, athlete activism will be essential. If global sport is to be a true force for good and celebrate humanity throughout the world, it must first protect, respect and uphold the human rights of those who make it possible.

Since the ‘Nyon Declaration’ of November 2011, the Platform now consists of 16 policies, statements and resolutions, including three ‘anchor policies’: ★ The World Player Rights Policy;1 ★ The World Player Development, Wellbeing, Transition and Retirement Standard;2 and ★ The Universal Declaration of Player Rights.3

The Platform consolidates our important decisions and substantial policy work since our formal establishment only four years ago. At the same time, the Platform is a living document, and will evolve as the organised voice of the players is more meaningfully engaged and heeded in addressing the substantial challenges that global sport confronts.

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The vision of World Players is:

To champion the dignity of the player and the humanity of sport.

As the leading voice of organised players in the governance of global sport, World Players has a three-part goal in the pursuit of this vision: ★ First, the human rights of everyone involved in the delivery of sport must be protected, respected and, where needed, upheld. ★ Second, the same must be true for the players. ★ Third, the impact of sport must be positive, including in sporting, economic, environmental and cultural terms.4

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★

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Three overarching principles guide the work and decision-making of World Players.

★ All players are free to negotiate the terms upon which they are involved in sport, and to be represented by persons of their choosing in those negotiations ★ Developing the full potential of the players as outstanding people, professionals and citizens ★ Promoting and protecting the good name, image, reputation and performance of the players ★ Safeguarding long-term player health, safety, security and social wellbeing ★ Upholding the rights and responsibilities of the players of the world, including the application of international human rights and labour standards and the enforcement of the fundamental rights of players at work, which should prevail over any specific sports law or regulation.

★ Championing the practice and pursuit of sport as a human right ★ Sport protecting, respecting and upholding fundamental human rights ★ Sport working in partnership with the players to be a force for good ★ Promoting the highest standards of governance and accountability in sport ★ Protecting the integrity and good standing of sport from threats such as racism, discrimination, violence, anti-competitive behaviour, self-interest, corruption, match manipulation and doping.

★ Ensuring the voice of the players is heeded in the leadership of sport, especially through collective bargaining ★ Being a democratic player driven organisation that acts on the mandate of our affiliated player associations ★ Acting with unity and solidarity. Players who are members of a player association in one country or sport can rely on the support and solidarity of World Players and our affiliated player associations ★ Educating, engaging and empowering the players to work for the betterment of their profession, sport and humanity ★ Taking a knowledge and evidence-based approach ★ Taking a world perspective.

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Athlete activism is essential to the advancement of this Platform. World Players, in fact, introduces a new level of athlete activism to global sport – what we call institutional athlete activism.

Institutional athlete activism is anchored in the same powerful values system that has informed individual and collective activism but involves sharing that system of values across a multi- stakeholder platform of like-minded organisations, key stakeholders of global sport and the international human rights community. Its emergence lies in global sport’s failure to embed internationally recognised human rights into its governance framework, and the devastating human and athlete rights impacts that failure has caused or contributed to. The organisation of the Olympic Games and other mega-sporting events “have come under repeated scrutiny from human rights experts and campaigners over a gamut of concerns.”5 According to DeMaurice Smith, the Executive Director of the NFLPA and a member of the Executive Committee of the WPA, the athletes “need to take back the beauty and the humanity of sport...We need to move to a world where the integrity of sport does not tolerate migrant workers in Qatar who die building stadiums.”6

The theory of change driving institutional athlete activism is summarised on the following page. Two impactful endeavours of institutional athlete activism – the Sport and Rights Alliance (SRA) and the Centre for Sport and Human Rights (CSHR) – have been instrumental in seeing major SGBs make a series of important human rights commitments since 2016 and start to ensure that adverse human and athlete rights impacts are prevented and addressed by global sport.

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The establishment of the World Players Association on 5 December 2014 was the culmination of the historic players’ summit held in Nyon, Switzerland on 14 and 15 November 2011, which brought together the global, regional and national player and athlete associations that now constitute the membership of the body. The summit closed with the following declaration:

“We, the independent and democratically elected representatives of (thousands of) top athletes from around the world, today establish a federation of world player associations.

We take this action based on certain core principles and to address a crisis in governance at world sport organizations that have removed the athlete from the center of sport. There is no sport without athletes.

The societal role of sport is powerful, therefore it cannot be above the law and must respect principles of good governance.

We declare that world sport organizations, and governments, must respect national and international law as well as the fundamental rights of athletes as citizens and workers, including the right to organize collectively in player associations and unions.

Athletes and their collective representatives must play an integral role as stakeholders in all decision-making forums and structures that affect them.

We stand for the equal treatment of all athletes regardless of their ethnic background, religion, gender or sexual orientation.

For sport to thrive, it must be clean, fair, transparent and the unique nature of athletic careers must be taken into account.

We assert this mandate in the interest of sport and the athletes that play it.”

1. The preparations for the Football World Cup 2022 reveal that the glittering world of Qatar is built by men and women who are forced to work and live in inhuman conditions. The building industry of Qatar depends on a system of the hiring of migrant workers especially from Nepal and India. The working conditions of this migrant labour force are devastating. Reports from the construction sites say that the workers are often held under conditions of forced labour. Due to the abominable working conditions many migrant workers even die on the construction sites. According to an estimate by ITUC the death toll of world cup workers amounts to 4.000.

2. These scandalising conditions are not a singular problem of this specific event in Qatar, but are characteristic for many other major sport events in countries round the world, like the Olympic Games and the Football World Cup. All too often complaints about fundamental rights as well as labour rights and working conditions come along with the placing of major sports events.

3. This Congress resolves that UNI will:

• Oppose any sporting event being held in a country that cannot guarantee decent labour standards for workers including the Qatar Football World Cup 2022. • Take the Football World Cup 2022 as well as other major sport events in general as an opportunity to use the public interest and the union publicity to address scandalising conditions behind such events. • In particular highlight in such cases the issue of fundamental rights as well as working conditions and discrimination in the host countries. • Force screening exercises of host countries of concern with regard to working conditions and discrimination and pressure the enforcement of decent working conditions and anti- discrimination legislation and practice there. • Put pressure on organising institutions and associations responsible for major sport events (like Olympic Committee, FIFA etc.) and their sponsorship to acknowledge the compliance of fundamental and civil rights as well as proper labour conditions in law and practice as prior criterion when placing these events. • Forge a strategic alliance with global union federations and non-governmental organizations involved in the Playfair campaign in order to combat these scandalous conditions effectively. • Encourage all UNI Sectors to become actively involved in campaigns for the rights of workers involved in the staging of such events.

4th World Congress of UNI Global Union Sunday 7 – Wednesday 10 December 2014 Cape Town, South Africa

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I. The World Players Association (World Players) exists to champion the dignity of the player and the humanity of sport.

II. World Players has a three-part goal in the pursuit of this vision. First, the human rights of everyone involved in the delivery of sport must be protected, respected and, where needed, upheld. Second, the same must be true for the players. Third, the impact of sport must be positive, including in sporting, economic, environmental and cultural terms.

III. Men and women players pursue the same dreams, make the same sacrifices, display the same skills and overcome the same obstacles in their pursuit of a calling which requires great talent, but which is highly risky and precarious.

IV. If sport is to be true to what it represents, then it must stand by the universal principle that every human being has a fundamental right to pursue sport freely, without discrimination on the basis of gender and free from any form of harassment or violence. Where the pursuit of sport is undertaken professionally, then international labour standards including the principle of equal remuneration for men and women workers for work of equal value must apply.1

V. Many female players in the world today are required to pursue sport on terms and under conditions which are highly disadvantageous when compared with male players.

VI. This statement sets out fundamental principles for the eradication of gender based discrimination and the attainment of gender equality in sport (Gender Equality Principles).

VII. World Players calls for the universal adoption, application and implementation of the Gender Equality Principles by sporting bodies, especially by working in partnership with player associations.

Principle 1 – Good governance and gender equality 1. As a principle of good governance, gender equality must extend to and include the terms upon which players participate in sport including in major sporting events.

Principle 2 – Equal remuneration and conditions 1. Sporting bodies must ensure the application to all players of the principle of equal remuneration and conditions for men and women players for work of equal value.

Principle 3 – Status of women players 1. Where a woman is employed or otherwise engaged as a professional player, she has the right to be recognised as a worker by her sporting body and for the purposes of the law.

Principle 4 – Just and favourable conditions of work 1. As a worker, a woman professional player has the right to just and favourable conditions of work,2 including: a) a minimum wage; b) fair hours of work; c) rest; d) leisure; e) occupational health and safety; f) a safe workplace environment free of any form of harassment or violence; g) injury compensation and insurance; h) medical treatment; i) travel; j) maternity protection; k) protection in respect to family and caring responsibilities; l) secure employment conditions; and

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m) workplace representation.

Principle 5 – Application of the Gender Equality Principles 1. The effective application of the Gender Equality Principles by sporting bodies is essential to the promotion of sport including the economic development of women’s sport. 2. The Gender Equality Principles should be interpreted and applied by sporting bodies: a) with good faith; and b) in a way that furthers the spirit and intent of the Gender Equality Principles to sport as set out in the Preamble, including the eradication of gender based discrimination and the attainment of gender equality.

3. In objectively appraising whether the work performed by women professional players is of the same value as that performed by men professional players, any disparity in the revenue generated by the sporting sector in which men are performing equivalent work can only be taken into account if the men are receiving a fair and equitable share of that revenue, usually measured in the form of a collective bargaining agreement.

Principle 6 – Implementation of the Gender Equality Principles 1. Sporting bodies, player associations and men and women professional players should take immediate steps to implement the Gender Equality Principles by: a) researching existing remuneration and conditions and measuring them against the Gender Equality Principles; b) engaging in collective bargaining in accordance with international labour standards, including by recognizing the right of women professional players to organise and collectively bargain and by building their capacity to do so; c) collaborating to create a strategic vision for sport including the economic development of women’s sport;3 d) ensuring the balanced representation of women within their decision-making bodies and memberships; and e) addressing cultural barriers to the acceptance of the Gender Equality Principles, especially through education and dialogue.

2. World Players is committed to working in partnership with all international sporting bodies to ensure the effective and positive implementation of the Gender Equality Principles in a manner that advances the interests of players and sporting bodies and ensures that sport inspires dreams and builds opportunities and careers for girls and boys throughout the world.

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Executive Committee Tuesday 26 April 2016 Toronto, Canada

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Many player associations are concerned that the World Anti-Doping Agency (WADA) Code (coupled with the governing structures and roles of WADA and the International Council for the Arbitration of Sport (ICAS)) have delivered a global anti-doping regime that is:

1. ineffective in protecting sport from doping and, therefore, safeguarding the interests of clean athletes;1 and 2. unfair and disproportionate, with substantial penalties being imposed on athletes who are not ‘cheats’.2

1 World Players encourages caution in the use of the phrase ‘clean athlete’ as it encourages the complex field of anti-doping and the myriad of circumstances involved in alleged anti-doping rule violations to be viewed through a black or white lens when nuance is required. There can be a double standard in the rhetorical use of the phrase as frequently anti-doping rule violations are recorded in circumstances unrelated to the actual or attempted enhancement of athletic performance. Indeed, the removal of such athletes from competition threatens the integrity of sport by denying that competition, the players, teams, fans and other stakeholders a contest between the best eligible players. 2 Caution is also required in the use of the phrase ‘cheat’. For the purposes of this statement, an athlete is not a cheat where it is apparent that he or she did not or did not intend to enhance his or her athletic performance.

As a health and safety and disciplinary matter, doping should, having regard to the labour law of many countries, be a mandatory subject for collective bargaining.

The player associations (who are primarily organised in professional team sports) wish to develop their own anti-doping policies (with the agreement of their clubs and sports) which are both effective at preventing doping and fair in their impact on athletes and the sport. This is to be achieved through collective bargaining.

Since the global adoption of the WADA Code, organised player associations have consistently sought a number of simple yet fundamental reforms to the WADA Code and the way it is governed and enforced:

1. Recognition of the athlete representatives chosen by the players themselves: Each player is entitled to negotiate the terms upon which he or she is involved in sport, and to be represented by the person he or she chooses for the purposes of those negotiations. In particular, each player has the right to organise and collectively bargain.

2. Sound and independent governance of anti-doping policy and enforcement: As the November 2015 report of the WADA independent commission into Russian athletics noted, the governance of WADA (50% international sporting federations and 50% national governments) is conflicted regarding the enforcement of the WADA Code. Given the extent of the governance crisis affecting almost all Olympic sports, it is essential that the public and all sporting stakeholders, especially the athletes, have confidence in the governance of the anti-doping effort.

3. Reliable and transparent science: Athletes need to clearly know what is banned, and why. There is great confusion over many substances and the science behind some critical anti-doping detection methods (e.g. the test for HGH (NFL) and the biological blood passport (Pechstein)). More recently, there has been a lack of transparency over the scientific reasoning behind WADA’s decision to add meldonium to the prohibited substances list.

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4. A focus on catching cheats, and not ‘inadvertent dopers’ and other technical rule breaches: The prosecution of cheating must be the focus of the anti-doping effort, with the application of the presumption of innocence and the establish ‘cheating’ on the part of an athlete to a satisfactory standard of proof (‘comfortable satisfaction’). There is no need to sanction athletes where it is clear to the parties, acting objectively, that the athlete is not a cheat. Yet, this is a common occurrence. The reputations of athletes who have been wrongly accused of doping, or athletes who have inadvertently committed a technical rule violation, must be protected.

5. Embed the internationally recognised human rights of athletes: The internationally recognised human rights of athletes need to be embedded (e.g. privacy, data protection, the privilege against self-incrimination and the protection of whistleblowers). Blood and urine testing, athlete whereabouts requirements and coercive powers regarding investigations need to be evidence based and proportionately exercised. This is most effectively achieved through the application of international human rights standards and the processes established under the United Nations Guiding Principles on Business and Human Rights, including the ‘protect, respect and remedy’ framework.

6. Tough yet proportionate penalties: Sanctions must be determined having regard to the overall circumstances of a case and the relevant sport (‘individual case management’). The four year ban based on the Olympic cycle is irrelevant to all professional team sports. There should not be any mandatory penalties. However, cheats should be heavily sanctioned.

7. Adaptation for the needs of professional team sports: Anti-doping regulation must recognise the particular circumstances of professional team sports, such as the fact that the player is an employee within a controlled workplace in which the employer owes him or her a duty of care including to a safe workplace. Anti-doping policy must also be consistent with other binding regulations in particular sports (e.g. the conflict between mandatory penalties under the WADA Code and article 17 of the FIFA Regulations for the Status and Transfer of Players). Team sanctions may also be more appropriate and effective in given circumstances.

8. Fair and independent arbitration system: The laws of natural justice and procedural fairness must apply to any legal process, with the preference being for timely, affordable and effective arbitration. Athletes must be able to access qualified counsel and representation, and have an equal say in the appointment of

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any arbitration panel, which must be independent of any influence from international sporting federations, national governments, the Olympic movement and WADA. Internationally recognised human and labour rights must apply, and prevail over considerations based on the so-called autonomy or specificity of sport.

9. Substances of addiction and abuse: Substances of addiction and abuse present a major problem to society, and sport is not immune to those problems. Any regulation of such substances should be a matter for collective bargaining and resolved having regard, firstly, to the health and rehabilitation of any affected player. Effective treatment including self-referral are essential measures.

10. Effectiveness of anti-doping policy: The effectiveness of anti-doping policy needs to be objectively and transparently measured and assessed.

Executive Committee Tuesday 26 April 2016 Toronto, Canada

(Revised Thursday 5 September 2019)

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Players are people first, and athletes second. Players are also the public face of sport, and athletic performance is fundamental to the prestige, popularity and viability of sport.

Sport is controlled by international sporting federations, national sporting organisations, professional sports leagues, employers, business and governments.

The work of professional players is, by its nature, highly sought, skilled and valuable, yet risky and precarious. As a condition of that work, players are made subject to regulations by sport that are extraordinary and far-reaching in their complexity and subject matter. Increasingly, those regulations are not justiciable in accordance with national law. Players, therefore, sit at the intersection between sport and human rights.

Sport must recognise its obligation to uphold the inherent dignity and equal rights of everyone involved in or affected by its activities, including the players. The starting point is for those that control sport to adopt a player rights policy that, at a minimum, makes the commitments and meets the obligations set out herein and to embed that policy throughout their organisations to ensure that the human rights of the players are protected, respected and guaranteed.

United Nations Guiding Principles on Business and Human Rights 1. Sport must commit to protecting, respecting and guaranteeing player rights in accordance with the United Nations Guiding Principles on Business and Human Rights (UNGPs).

Internationally recognised human rights 2. Sport’s commitments under paragraph 1 must embrace all internationally recognised human rights, including those expressed in The International Bill of Human Rights (consisting of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights), the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work and Its Follow-Up and the United Nations Convention on the Rights of the Child. In addition, sport is obliged to uphold the human rights of athletes as set out in the United Nations Economic, Scientific and Cultural Organization (UNESCO) Revised Charter on Physical Education, Physical Activity and Sport 2015.

Proactive player rights commitments 3. Sport must act proactively to meet its player rights commitments. This requires sport to: − Provide an environment for players that is well governed, free of corruption, manipulation and cheating, and committed to protecting, respecting and guaranteeing the human rights of everyone involved in or affected by sport, including the players − Undertake in depth and ongoing due diligence processes to avoid causing or contributing to adverse player rights impacts − Exercise leverage in relationships which are contributing to adverse player rights impacts − Address, prevent, mitigate and remediate adverse player rights impacts where they occur.

Salient player rights risks 4. The salient player rights risks of sport include: − The denial of the right of players to freely access and enjoy sport with equal opportunity. This may involve discrimination, harassment or violence due to race, colour, birth, age, language, sexual orientation, gender, pregnancy, religion, political or other opinion, responsibilities as a carer, property or other status. It may also involve the violation of the rights of child athletes, including through trafficking and sexual abuse − The failure to respect the fundamental labour rights of players. These include the right to work, free choice of employment and freedom of movement. The right of players to organise, collectively bargain and form player associations may not be respected and upheld. Other issues include a failure to provide players with just and favourable remuneration and conditions of work, the timely payment of their wages, and equal pay for equal work. Players may also be subject to unsafe and dangerous conditions, such as over-training and playing, inadequate medical care, doping,

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concussion and, due to the high profile of sport, threats to their security. These all present a significant risk to players’ physical health, mental health and social wellbeing − The intense demands of an athletic career especially on young people also require measures to be taken to ensure that players can access education, and have their privacy, name, image and data protected. The right of players to freedom of expression and opinion may also be curtailed − Players may also be subject to the requirements of sport which violate or fail to respect their fundamental legal rights, including the right to due process, a fair hearing and to access an effective remedy where player rights have not been respected and upheld.

Player rights policy 5. In order to effectively uphold its player rights commitments, sport must embed them from the top of their organisation and through all its functions. This must be done in a coherent manner such as within the regulatory framework of the sport or pursuant to a collective bargaining agreement. Where the player rights commitments of a sport differ or conflict with national laws or regulations or, indeed, regulations of the sport, the sport must follow the higher standard.

Player rights due diligence 6. In order to identify, prevent, mitigate and account for how sport addresses its player rights impacts, sport must carry out player rights due diligence. The ongoing processes must include assessing actual and potential player rights impacts, integrating and acting upon the findings, tracking responses, and transparently communicating how impacts are being addressed.

Access to an effective remedy 7. Where sport identifies or becomes aware that it has caused or contributed to adverse player rights impacts, it must provide for or cooperate in their remediation through legitimate processes. These must provide for the early and direct remediation of grievances. Such grievance mechanisms must meet the requirements of Principle 31 of the UNGPs by being legitimate, accessible, predictable, equitable, transparent, rights compatible, a source of continuous learning and based on engagement and dialogue. Players and other users must know about such grievance mechanisms, trust them and be able to use them.

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Player engagement and communication 8. Sport must engage in a structured and ongoing manner with players and their legitimate representatives, including world, regional and national player associations, in relation to their player rights efforts and activities. That engagement must include open, transparent and researched communications in an endeavour to prevent and remediate the abuse of player rights and uphold the commitments and obligations of sport to player rights.

Binding policy 9. The player rights commitments and obligations of sport including as set out in the player rights policy under paragraph 5 must be binding on sport and its bodies and officials, including when applying and interpreting the regulations of the sport.

Brendan Schwab Executive Director Thursday 13 July 2017 Nyon, Switzerland

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I. Children’s rights in sport are governed at the national, regional and international levels.

II. World Players has identified clear limits and gaps in the governance and enforcement of these rights which have resulted in the abuse of children in connection with sport.

III. World Players wishes to set out several concerns, principles and action areas with the objective of ensuring that the fundamental rights of children are promoted, protected, respected and fulfilled within professional sport.

IV. In July 2010, the United Nations Children’s Fund (UNICEF) reported that:

“During recent years, however, it has become evident that sport is not always a safe space for children, and that the same types of violence and abuse sometimes found in families and communities can also occur in sport and play programmes. Child athletes are rarely consulted about their sporting experiences, and awareness of and education on child protection issues among sport teachers, coaches and other stakeholders is too often lacking. Overall, appropriate structures and policies need to be developed for preventing, reporting and responding appropriately to violence in children’s sport.”1

V. Research studies, evidence and high-profile cases have drawn attention to extremely concerning problems such as violence, harm and the denial of an education that children have experienced in the context of sporting activities:

A. Paulo David of the Office of the United Nations High Commissioner for Human Rights has estimated that, of all children involved in competitive sports, 10% have undergone human rights abuse, and another 20% are at risk.2

B. A comprehensive study of children participating in organised sport in the United Kingdom in 2011 reported that 75% of respondents reported emotional harm, 29% reported sexual harassment, 24% reported physical harm, 10% reported self-harm and 3% reported sexual harm.3

C. An expert group to the European Commission recently heard estimates of the prevalence of violations of the rights of children in sport:4

Sexual harassment 14 – 49% (outliers 2 – 92%) Sexual abuse 2 – 13% for females (outlier 49%); 6% for males Physical violence 11% Psychological violence 38% (outlier 75%) Bullying +/- 30%

D. FIFPro, the world footballers’ association, has revealed that 10% of the world’s professional footballers have not completed their education beyond the primary school level.5

VI. The United Nations Convention of the Rights of the Child 1989 including its Optional Protocols,6 the ten principles of UNICEF on child rights and business,7 the United Nations Education Scientific and Cultural Organization (UNESCO) Charter on Physical Activity, Physical Education and Sport 8 and the United Nations Guiding Principles on Business and Human Rights including the internationally recognised human rights referred to therein.9

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VII. World Players, together with its affiliated player associations, reaffirms that, as children are particularly vulnerable:

A. Children’s rights require special protection.

B. Every child shall enjoy special protection and opportunities for play and recreation and to develop fully in conditions of freedom and dignity.

C. The best interests of the child shall be the guiding principle for the involvement of children in sport.

D. The adults responsible for sports activities involving children are also responsible for creating a safe environment for them to participate in, and for responding where there are specific welfare concerns,

1. Every child is entitled to the opportunity to freely pursue sport in an inclusive, adapted and safe manner, and to have his or her rights as a child protected, respected and fulfilled.

2. World Players is committed to ensuring that sport increases its focus on a child rights approach to sport participation, and that greater attention is paid to creating a positive sporting ethos where children are respected, and where their voices are heard and used to shape their sporting experience, welfare and performance.

3. World Players:

a) Is committed to promoting, protecting, respecting and fulfilling child rights in sport including by promoting awareness and understanding of the content of the rights of the child under national, regional, United Nations (UN), International Labour Organization (ILO), UNICEF and UNESCO standards and principles and the application of those standards and principles to sport;

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b) is committed to preventing any harassment, harm, violence or abuse to children in sport including by encouraging the development of proactive measures such as procedures for reporting and acting on the concerns of or about a child, due diligence and the assessment and mitigation of risk;

c) will promote, encourage and facilitate the development of ethical and behaviour guidelines, codes of conduct and child protection policies to promote, protect, respect and fulfil child rights in sport;

d) where risks to child rights or gaps in the protection of child rights are identified, will encourage measures to ensure those risks are mitigated and removed or, where needed, that access to an effective remedy exists;

e) will monitor, evaluate and learn from efforts to safeguard the rights of the child in sport; and

f) will develop a working document to identify key areas of influence and potential mechanisms for change to give effect to the commitments in this Declaration.

4. As part of the numerous issues identified, World Players has identified five action areas to address through social dialogue and engagement with international sporting bodies and employers in sport:

a) Area One: To ensure that the human and labour rights of the child are respected and fulfilled. Without limitation, this requires all adults involved in delivering activities for children to be responsible for ensuring that the rights of children are safeguarded during those activities.

b) Area Two: To ensure a safe environment for children, including professional players and athletes, so that they are treated with respect and in accordance with national, regional and UN, ILO, UNICEF and UNESCO standards and principles.

c) Area Three: To ensure the proper and safe recruiting and training of coaches, personal trainers, intermediaries, club staff and other employees, workers and agents who work with children, including through:

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i) the requisite contractual provisions that require adherence to national, regional, UN, ILO, UNICEF and UNESCO standards and principles including applicable guidelines, codes and policies that give effect to such standards and principles; and ii) implementing and maintaining an effective licensing system which includes minimum requirements such as specific skills, training, criminal background checks and psychological evaluation.

d) Area Four: Encourage sporting employers and bodies to provide a child- friendly general education environment for children players and athletes to ensure that they can pursue their right to an education and to develop their personality, talents and abilities in full.

e) Area Five: To encourage sporting employers and bodies including academies and centres of excellence to provide tailored educational programs for children players and athletes that inform them of their rights, the risks and dangers associated with a sporting career, the importance of an education, integrity in sport, cyber-bullying, new technologies, social media and the need for a healthy and balanced diet and lifestyle as well as the role sport can play in meeting the UN Sustainable Development Goals.

5. Finally, World Players is committed to working towards helping develop the full human potential of children involved in sport. Fundamental human rights such as the right to a family life, education, privacy, health, wellbeing and work-life balance (for those children legally of an age to work) as well as the right to information and consultation should be guaranteed to all children in sport.

Brendan Schwab Executive Director Monday 31 July 2017 Nyon, Switzerland

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The World Players Association (World Players) brings together 85,000 professional players through more than 100 player associations based in over 60 countries. Since the late 1990s, player associations have developed the world’s preeminent expertise in supporting the holistic development of players as people. This has involved the creation, provision and administration of development and wellbeing programs to elite athletes in collaboration with sporting organisations and commonly under the terms of a collective bargaining agreement. The experience gained in supporting players throughout the many successes, transitions and challenges of their sporting careers has been a source of continuous learning as player associations work with great determination to ensure that all players can fully develop and realise their human potential in the broadest sense.

This standard (Standard) has been developed and adopted by World Players based on the experience and expertise gained by player associations in supporting elite professional athletes in a variety of sports for more than 20 years. To this end, the ambition of this Standard is to not only articulate a consensus on the standards that should guide player development and wellbeing but to set out a common understanding among expert and experienced practitioners as to what presently constitutes best practice in this field.

World Players believes that all players should be working in environments that promote their long term personal growth in addition to sporting excellence. All players should be empowered to develop their character and skills to grow personally and manage both the demands of their sports and the transition into meaningful callings once their sporting careers have concluded. Moreover, the long term physical and mental health and social wellbeing of players should be maximised before, during and after their athletic careers. It is essential that, as children, players are safeguarded. Equally, the increasingly understood and foreseeable physical and mental health issues confronted by players who have retired from playing require careful preventative measures and ongoing care and investment.

This Standard has been developed by World Players and the player development managers (PDMs) who work within the player associations that unite under the umbrella of World Players. This Standard will serve three key purposes in the world of sport:

A. A Tool for Player Associations

To serve as a tool for player associations in the negotiation, development, implementation and measurement of player development, wellbeing, transition and retirement programs and health and safety standards

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B. A Player Development Benchmark for World Sport

To provide a benchmark against which the world of professional sport can be measured regarding the value it places on player development, wellbeing, transition and retirement including player health and safety

C. Elevate the Profession of the Player What is the purpose of a Player Development Manager (PDM) Development Manager, or PDM? The role of the PDM is to promote To elevate and enhance the status and the personal development and quality of the profession of the PDM within wellbeing of players through empowering them to take ownership sport, and to provide PDMs with essential of their own development both on guidance in the performance of their duties. and off the sporting field.

The thorough and effective implementation of this Standard throughout the world of sport will result in every player being given the opportunity to not only maximise his or her career as a professional athlete but fully develop his or her human potential.

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This Standard acknowledges that professional players are people Whenever this Standard refers to a first, and players second. A player’s personal development and player or an athlete, it career as a professional athlete will both be maximised when his is referring to that individual as a “whole or her sense of identity is secure irrespective of his or her career person”. as an athlete.

The advancement of a player’s development and wellbeing must therefore be guided by a principled commitment to a player driven approach (i.e. a tailored approach that is driven by the best interests of the player as a person and an individual, and not his or her club or sport). This commitment involves a ‘whole of person’ approach that sees the person beyond the athlete and embraces his or her mind, body, heart and spirit.

In order for the ambition and purposes of this Standard to be realised, sport will need to collaborate with the players and their associations. Such collaboration should be built on a shared commitment of the following:

• sporting organisations and employers exercise substantial control over the environment in which players work and pursue sport. They therefore owe their players a legal duty of care; • each player is unique; and • player associations are independent organisations controlled by their members. Players and their associations enjoy a relationship of trust and confidence with each other. In most countries, player associations owe their members a fiduciary duty.

As a general principle, therefore, effective collaboration should ensure that:

• sport, in order to meet its duty of care to players, places the development, safety and wellbeing of players at the centre of what sport does;1 • all players can freely access adequately resourced development and wellbeing programs and services within the sporting environment; and • such programs are most effectively delivered independently by player associations acting in the best interests of the players in a manner aligned with the demands and requirements of the sporting environment.

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Player development, wellbeing, transition and retirement are matters of occupational health. This Standard endorses the strategic aim of occupational health as approved by the International Commission on Occupational Health.

“Occupational health should aim at: the promotion and maintenance of the highest degree of physical, mental and social wellbeing of workers in all occupations; the prevention amongst workers of departures from health caused by their working conditions; the protection of workers in their employment from risks resulting from factors adverse to health; the placing and maintenance of the worker in an occupational environment adapted to his physiological and psychological capabilities; and, to summarize: the adaptation of work to man and of each man to his job.”2

The unique risks associated with sport do not

What is wellbeing? justify a departure from this strategic aim.

Instead, those unique risks, which largely “The World Health Organization (WHO) constitution states: “Health is a state of acknowledge physical risks, demand these complete physical, mental and social well- principles be strictly adhered to if sport is to being and not merely the absence of disease or infirmity.” An important implication of this not only be a safe workplace, but to uphold its definition is that mental health is more than important social value. just the absence of mental disorders or disabilities.

The player’s age and the level of stress Mental health is a state of well-being in which an individual realizes his or her own abilities, inherent in sporting contests may increase can cope with the normal stresses of life, can the risk of mental health concerns. Moreover, work productively and is able to make a contribution to his or her community. mental health and physical health have

substantial connections; physical issues, Mental health and well-being are fundamental to our collective and individual such as injury, may affect mental health, ability as humans to think, emote, interact while mental health concerns, such as with each other, earn a living and enjoy life. On this basis, the promotion, protection and depression, stress or exhaustion, may restoration of mental health can be regarded increase the likelihood of physical injury. as a vital concern of individuals, communities and societies throughout the world.”

Players with mental health concerns might (WHO Fact sheet, “Mental health: strengthening our response,” April 2016. also act in an unacceptable manner, such as http://www.who.int/mediacentre/factsheets/f taking illicit drugs. Addressing the underlying s220/en/ ) mental health concerns is the best way to address such conduct.

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The International Labour Office (ILO) agrees with the WHO that social wellbeing is a core occupational health and safety concern. Including social wellbeing as a central health and safety issue means that sport must change its approach to an essential matter which, for too long, has been a low priority evinced by the lack of investment and resources.

In their capacities as employers and the peak bodies of employers, sports governing bodies have a duty of care to provide a workplace that is free of any risk to a player’s social wellbeing. That duty is breached where an employer makes demands that prejudice the social wellbeing of a player, such as compromising the player’s education or professional and personal development outside sport.

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3 The World Player Rights Policy (Player Rights Policy) as adopted “…the adequate by World Players identifies the adequate protection of the physical protection of the health, mental health and social wellbeing of players as among physical health, mental health and the most salient player rights risks facing sport. The Player Rights social wellbeing (are) Policy also notes that the “intense demands of an athletic career among the salient player rights risks especially on young people also require measures to be taken to facing sport” ensure that players can access education…”

The Player Rights Policy is rooted in international law, and simply requires sporting bodies to uphold their extant obligation to conduct their activities which affect players by respecting and upholding the internationally recognised human rights of the players in accordance with the United Nations Guiding Principles on Business and Human Rights (UNGPs).4

The internationally recognised human rights of the players include the rights:

• to equality of opportunity in the pursuit of sport without distinction of any kind and free of discrimination, harassment and violence. For example, a player’s right to pursue sport cannot be limited because of his or her race, colour, birth, age, language, sexual orientation, gender, pregnancy, religion, political or other opinion, responsibilities as a carer, property or other status; • if a minor, to freely pursue sport in an inclusive, adapted and safe manner, and to have his or her rights as a child protected, respected and guaranteed.; • to organise and collectively bargain; • to a safe and secure workplace and sporting environment, which protects the player’s safety, physical and mental health and his or her social wellbeing; • to an education in order to achieve fully his or her human potential and personality; and • to a private life, privacy and protection in relation to the collection, storage and transfer of personal data.5

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This Standard aims to drive the attainment of eight fundamental and co-existent goals in the world of sport:

A. Education “Dual” and second careers.

To ensure that players can access player driven and The athletic career is, by its tailored education courses, programs and services nature, short term. Players should be empowered to to ensure they are qualified both within and beyond develop the skills and sport including for the purposes of a dual or second knowledge to pursue a career other than playing. The career. encouragement should be there before, during and after the duration of the athletic career. This Standard flexibly B. Inclusion uses language such as a “dual”, “second”, “parallel” or To create and promote respect, courtesy and “further” career when consideration of player diversity through awareness discussing this critical issue. programs addressing cultural, racial and religious differences and sexual preference.

C. Health and Wellbeing

To enhance the physical health, mental health and social wellbeing of players before, during and after their careers through the provision of professional advice, care and treatment, initiatives in education, support services and the skill development of those working with them.

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D. Player Development Agreements (PDAs) The importance of Player To encourage sporting bodies, employers, player Development Agreements, associations and players to negotiate and enter or PDAs:

agreements that clearly define and fund player For player development, development and wellbeing programs. Wherever wellbeing, transition and retirement programs to be possible, such programs should be provided for effectively implemented, they within the framework of a collective bargaining must be securely, proactively and adequately funded. agreement at the national level. Further, world and Player associations should regional player associations can bring this Standard prioritise the negotiation of PDAs, both collectively and forward with international and regional sporting individually, and make them a federations and bodies in the development of central topic in collective bargaining negotiations. collective PDAs at the global and regional levels.

E. Player Rights

To encourage sport to protect, respect and uphold the human rights and fundamental freedoms of players.

F. Research

To encourage sporting bodies, employers, player associations, players and those connected with players to actively research and promote knowledge of activities which seek to assess the impact of elite sport on a player’s personal wellbeing, work-life balance, social networks, resilience and transition into, within and out of sport.

G. Transition

To ensure players effectively transition into, during and from their sport by providing them with access to comprehensive programs which will enhance their personal development, resilience and wellbeing.

H. Working Environment

To ensure that all players work in a safe working environment which supports and encourages their physical and mental health, safety, development and wellbeing, including sufficient access to qualified medical care, support personnel and dedicated PDMs.

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The eight goals of this Standard give rise to the following actions to be taken by each sport and its players at the national, regional and global levels, both independently and in collaboration with other sports.

The primary responsibility for the carrying out of these actions vests with the sporting bodies and employers. This responsibility is best met in partnership with the players’ association, which as a collective player driven body is best placed to independently deliver player development, wellbeing, transition and retirement programs and services, often under the terms of a collective bargaining agreement or Player Development Agreement. Further, the players’ association can be a continuing presence in the career of a player which is often one of constant transition and movement.

A. Education What are “life skills”? 1. Ensure players have access to effective life According to UNICEF, “Life skills” skills education programs. are defined as psychosocial 2. Ensure the development of player baseline abilities for adaptive and positive behaviour that enable individuals skills, including literacy and numeracy. to deal effectively with the 3. Ensure all players understand the codes, demands and challenges of everyday life. They are loosely policies and associated responsibilities set grouped into three broad by their sport’s governing bodies and categories of skills: cognitive skills for analyzing and using employers, including under any applicable information, personal skills for collective bargaining agreement. developing personal agency and managing oneself, and inter- 4. Ensure all players understand the duties personal skills for communicating and responsibilities of their sport’s and interacting effectively with others. governing bodies and employers, including under any applicable collective bargaining (https://www.unicef.org/lifeskills/in dex_7308.html ) agreement. 5. Develop and implement financial awareness programs to ensure players leave their sports with the capacity to make decisions underpinned by financial literacy. 6. Ensure all players undergo a skills assessment and needs analysis to facilitate the creation of individual “Player Development Action Plans,” to be monitored and evaluated annually by each player and their PDM. 7. Provide all players with access to professional development training and opportunities to increase their employment prospects, life skills and relationships to maximise the opportunities during and after their sporting careers.

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8. Ensure all players can access education and workplace experience for the purposes of pursuing a parallel or further career of their choosing. In particular, develop partnerships with business and educational institutions to enable players to balance their playing and educational commitments. 9. Ensure that any involvement of children as athletes in training for and playing professional sport safeguards their rights and wellbeing including their right to an education.

B. Inclusion

1. Provide education for players and key stakeholders of the fundamental value of inclusion in sport including cultural awareness, sexual preference, racial vilification and mental health. 2. Ensure that governing bodies provide an environment where all players have an opportunity to succeed regardless of their race, colour, birth, age, sexual orientation, gender, pregnancy, religion, political or other opinion, responsibilities as a carer, property or other status. 3. Ensure all sports have clear policies and guidelines regarding inclusion. 4. Ensure all sports promote diversity including opportunities for women athletes in accordance with the gender equality principles of World Players.6

C. Health and Wellbeing

1. Ensure the work environment is committed to developing the player as a whole person and maximising and safeguarding his or her physical health, mental health and social wellbeing.7 2. Implement minimum medical standards for the care and treatment of players in high performance environments, including injury, injury prevention, long term injury support and the development of protocols on matters such as head injuries, concussion, heat, travel and scheduling. Such standards should provide for access to doctors, physiotherapists, trainers, accredited sport scientists and other relevant personnel and facilities. 3. Provide players with skills, support and services to optimise personal wellbeing during and after their sporting careers. 4. Provide a workplace environment which is conducive to players accessing available support, programs and services including on sensitive matters such as mental health and addiction. 5. Provide players with access to confidential counselling services away from their club/employer so that individual privacy and confidentiality can be respected.

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6. Provide knowledge and skill development for all stakeholders working with players. 7. Provide knowledge and skill development for the partners of players where appropriate. 8. Adopt, implement and monitor best practice health, safety and wellbeing standards by governing bodies and employers in professional sports. 9. Actively assess and manage any risk to the health, safety and wellbeing of players including by taking all steps to mitigate and prevent such risk.

D. Player Development Agreements (PDAs)

1. Negotiate funded player development and wellbeing programs pursuant to dedicated PDAs and, where appropriate, within collective bargaining agreements that cover sports, employers, player associations and players. 2. With the increased surveillance and monitoring of players in professional sport including through the use of wearable technology, ensure that the data that arises from such use is protected in accordance with the Player Rights Policy, is applied to maximise the physical and mental health and social wellbeing of the player and is the subject of an express agreement with the player, which may take the form of a PDA or collective bargaining agreement. 3. Ensure that any collective PDA flows down to individual player development agreements including in the form of Player Development Action Plans.

E. Player Rights

1. Ensure that player development, wellbeing, transition and retirement are regarded by sporting bodies and employers at the international, regional and national levels as fundamental matters of player rights. Accordingly, they should be made available to players who will frequently move in the pursuit of employment and work as a professional athlete. 2. Adopt and implement player contracts, regulations, codes, policies and procedures that accord with the Player Rights Policy. 3. Develop, adopt and implement player contracts, regulations, codes, policies and procedures in accordance with the protect, respect and remedy framework of the UNGPs. 4. Provide a sporting and workplace environment that accords with the Player Rights Policy and is conducted in accordance with protect, respect and remedy framework of the UNGPs. At a minimum, this requires:

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(a) the adoption of a player rights policy consistent with the Player Rights Policy; (b) the carrying out of due diligence to assess and mitigate the risk of any player rights being violated; (c) ensuring, that where player rights are violated, the player can access an effective remedy; and (d) reporting, monitoring and engaging with players, player associations and legitimate player representatives in relation to the implementation of the Player Rights Policy and the UNGPs. 5. Ensure that, where the player is a minor, his or her rights as a child are safeguarded in accordance with World Players’ declaration on safeguarding the rights of the child in sport8 including the United Nations Convention on the Rights of the Child.9

F. Research

1. Ensure that all implemented programs and policies are underpinned by research and/or a strong evidence base. 2. Undertake evidence based research across all sports on the impact competing in elite sport has on personal wellbeing, work-life balance, social networks and resilience. 3. Conduct case studies across all sports, researching how players have adjusted to their transition, obstacles they faced and what impact voluntary versus involuntary transition has had on the players’ experiences. 4. Provide and source appropriate funding from sporting bodies, employers, private organisations and government agencies to support research initiatives. 5. Research the impact of player development and wellbeing programs to measure whether and ensure that: (a) the holistic development of players is being maximised; (b) the physical and mental health and social wellbeing of players are being protected and enhanced; and (c) players are successfully transitioning into, during and from their sporting careers.

G. Transition

1. Ensure all players are supported when dealing with the ongoing challenge of transition, including when entering their playing profession, during their playing

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career (e.g. relocation, change of employment, injury, unemployment, etc.) and when their playing career has ended. 2. Ensure all players undergo training such as at an induction camp upon the commencement of employment in their respective sports. 3. Ensure all players are educated on the importance of work-life balance and preparing for the transition out of their sport. 4. Ensure that all players have access to an industry funded retirement and transition fund that assists players at the end of their sporting careers and when transitioning to their post-sporting career. Such a fund should be taxed consistent with the treatment of the retirement earnings of working people upon retirement under the laws of the country in which the player has worked.

H. Working Environment

1. Enforce secure workplace conditions for players which ensure equality between productivity and work-life balance. 2. Provide designated time off for all players to pursue their Player Development Action Plans. 3. Provide every player with access to a dedicated PDM to support his or her personal development and wellbeing.10 4. Enhance the role of the PDM within the sport by having regard to best practice and through the development of minimum qualifications and standards. 5. Develop a learning culture whereby each sport – acting independently and in collaboration with other sports – advances best practice, common learning and knowledge especially through the development of the expertise and capability of PDMs. 6. Promote this Standard throughout sport including with key stakeholders such as governments, sponsors, broadcasters, fans and local communities.

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This Standard will be assessed by the delivery of the following measures and outcomes by each sport acting in partnership with its players:

1. Every player will have a Player Development Action Plan. 2. Player engagement in player development and wellbeing services as well as education programs will increase. 3. Players will have access to a player development and wellbeing referral network. 4. Best practice player development and wellbeing initiatives will be the subject of comprehensive sport and multi-sport education programs at the national, regional and global levels. 5. Players will have access to dedicated PDMs. 6. Best practice health, safety and wellbeing standards will be adopted, implemented and monitored by governing bodies in professional sports, acting in partnership with employers, players and their associations. 7. Adoption by governing bodies of mental health protocols that provide for early detection and treatment of athletes’ mental health concerns. 8. Adoption by governing bodies of a governance model based on a player’s physical and mental health and social wellbeing rather than a punitive approach when addressing player conduct arising from mental health concerns. 9. Public acceptance of a governance model based on a player’s physical and mental health and social wellbeing rather than punitive approach when addressing conduct arising from mental health concerns. 10. The targeted establishment, development and taxation of approved players’ retirement and transition funds consistent with the taxation treatment of the retirement earnings of working people. 11. Players undertaking meaningful and healthy transitions into, during and after their sporting careers. 12. Sporting and workplace environments that are safe, inclusive and diverse. 13. Research will be adequately funded. 14. Any data or tool used in relation to player development, wellbeing, transition and retirement will be evidence based, scientific and validated, and used in accordance with the agreement of the player including through collective bargaining or pursuant to a PDA. 15. Player rights are being protected, respected and upheld within a framework that accords with the Player Rights Policy.

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16. The elevation, enhancement and professionalisation of the position of PDM within sport at the international, regional and national levels, including the increased employment and resourcing of PDMs as well as the enhanced training and development of PDMs. 17. The adequate funding and implementation of player development and wellbeing programs including through collective bargaining. 18. The adoption, implementation, monitoring and reporting of this Standard.

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The implementation of this Standard should be the subject of comprehensive sport and multi- sport monitoring and reporting at the national, regional and global levels. World Players will, through a dedicated Steering Committee inclusive of both PDMs and player association leaders, monitor the implementation of this Standard in partnership with its affiliated player associations and report accordingly on a biennial basis.

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This Standard was adopted at the 2017 World Player Development Conference held in Paris, France between 3 and 5 April 2017 and ratified by the Executive Committee of the World Players Association on 6 and 7 April 2017. With the authority of both the Conference and the Executive Committee, the World Player Development Steering Committee officially approved the detailed language of this Standard on 31 July 2017 and released it publicly on 7 September 2017. All affiliated player associations of World Players are also encouraged to directly adopt this Standard at the international, regional and national levels.

The long title of this Standard is the “World Players Association – World Player Development, Wellbeing, Transition and Retirement Standard, Paris 2017”. The long title incorporates the key elements and challenges that must be addressed to promote the holistic growth of players as people in the world of sport.

This Standard may also be referred to as the “2017 Paris World Player Development Standard”.

Omar Hassanein Brendan Schwab Executive Committee, World Players Executive Director Chair World Players Association World Player Development Steering Committee UNI Global Union

Thursday 7 September July 2017 Nyon, Switzerland

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Refer Policy / Statement / Resolution 5.

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Refer Policy / Statement / Resolution 3.

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Refer Policy / Statement / Resolution 6.

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The purpose of the role of Player Development Manager is to promote the personal and professional development and wellbeing of players through empowering them to take ownership of their own development both on and off the sporting field.

• Players • Coaches • Support staff • Clubs • Managers • Agents/Advisors • Institutional partners (VET providers, finance) • Family • Player association colleagues

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• Assist players to transition successfully into the sport at young ages • Help players to manage various transitions during their time in the sport • Assist players to transition out of the sport and into their next career

• Develop well rounded people • Build player confidence, self-awareness and self-esteem • Help players create their own identity outside of the sport • Support players to recognise their strengths, values and motivators so they can develop a passion for learning and education based on personal preferences • To provide practical advice and assistance for them to gain educational qualifications where appropriate • Facilitate various workshops to help players develop life skills (e.g. financial literacy, cooking) • Develop players who can be positive future ambassadors for the concept of player development

• Help to shape the culture and sporting environment that players are working in, particularly ensuring there is an inclusive environment • Demonstrate commitment to broader objectives of players’ associations • Understand the regulatory environment (CBA/funding) • Drive the brand of the organisation through better decision making off the field • Help build player’s personal brand

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• Ability to listen well • Ability to build rapport with a wide range of people and to network effectively • Demonstrates empathy • Respects the confidentiality needs of others • Able to tailor personal presentation to the needs of the sport and the players • Understands the player’s support structures and culture including family and his or her wider environment • Self-awareness • Self-belief • Self-confidence • Walks the talk • Role model’s appropriate behaviours • Shows genuine passion • Open minded, non-judgemental • Realistic approach • Shows common sense • Shows resilience • Lifelong learning orientation • Ability to instil learning orientation in others • Uses reflective practice to learn and grow • Ability to advocate for others • Ability to persuade and convince others of the merits of ideas • Storytelling skills • Ability to juggle both immediate and longer-term needs and priorities • Planned approach (ability to devise an action plan) • Strong time management capability • Strong analytical skills (players’ needs assessment) • Ability to meet targets and deadlines • Reporting skills

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• Ability to follow up with players in a disciplined fashion

• Possesses a sound knowledge and working understanding of the industry

• No mandatory qualification • Desirable: Cert 4 in Career Development • Desirable: Some kind of training in mental health, counselling, teaching • Teaching, counselling, sport management, or HR background • Past players, elite athletes, elite coaching experience • Portfolio of experiences • Leadership, people management • Learning and development background • Life experience, varied • Experience as a PDM • Ongoing experience and education are important • Mental Health 101/First aid.

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I. The organised players of the world have a proud history of championing the dignity of the player and the humanity of sport. That history demonstrates that where the fundamental human rights of the player have been protected, respected and guaranteed, sport has grown as both a social institution and as an economic activity and business.

II. In adopting the Universal Declaration of Human Rights in 1948, the peoples of the United Nations “reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom.”1

III. A universal commitment by the whole of sport is now essential for sport to maintain its meaningful place in world culture, retain its social licence, make social progress and achieve better standards of life for everyone involved with or touched by it.

IV. Sport is controlled by international sporting federations, national sporting organisations, professional sports leagues, employers, business and governments. Players are the public face of sport, and athletic performance is fundamental to the prestige, popularity and viability of sport.

V. The mega scale, politicisation and commercialisation of sport today sees a widespread failure to uphold the humanity of sport and the dignity of the player.2 This also sees the violation by sport of internationally recognised human rights – which are, at a minimum, those expressed in The International Bill of Human Rights, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work and Its Follow- Up3 – and additional international standards pertaining to vulnerable groups, including the United Nations Convention on the Rights of the Child.

VI. Every sport must: A. work in partnership with the players to develop a strategic vision for their sport;4 B. respect and protect the fundamental human rights of everyone involved with or affected by sport including the player;5 C. avoid infringing on the human rights of others and address all adverse human rights impacts with which they are involved;6 D. embrace and promote the responsibility of their sport to respect human rights;7 E. recognise that the player is, first, a human person and, then, an athlete;8 F. acknowledge the acute impact any failure to respect the fundamental human rights of the player given the highly skilled and inherently short-term nature of the athletic career; G. acknowledge that any reliance on or application of the “autonomy” or “specificity” of sport or any restraint or limitation imposed on a player in the exercise of his or her profession does not override the fundamental human rights of the player and can only be given legal effect if necessary and through collective bargaining and social dialogue;9 and H. ensure that the internationally recognised human rights of the player including as contained in this Universal Declaration of Player Rights are legally adopted within the constituent documents of their sport or pursuant to a collective bargaining agreement.10

Article 1. Protect. Respect. Remedy.

Every player has the right to a sporting environment that is well governed, free of corruption,11 manipulation and cheating and protects, respects and guarantees the fundamental human rights of everyone involved in or affected by sport, including the player.12 His or her sport must adopt and implement the appropriate measures to ensure the enjoyment of the rights of the player and the maintenance of a sporting environment in accordance with this Declaration including by adequately protecting whistle blowers.13

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Article 2. Access to sport.

Every player has the right to access and pursue sport14 as a career and profession15 based solely on merit.16

Article 3. Equality of opportunity.

1. Every player is entitled to equality of opportunity in the pursuit of sport without distinction of any kind and free of discrimination, harassment and violence.17 2. A player’s right to pursue sport cannot be limited because of his or her race, colour, birth, age, language, sexual orientation, gender, disability, pregnancy, religion, political or other opinion, responsibilities as a carer, property or other status.18

Article 4. Rights of the child.

Every player who is a minor is entitled to the opportunity to freely pursue sport in an inclusive, adapted and safe manner, and to have his or her rights as a child protected, respected and guaranteed.19

Article 5. Right to work.

Every player has the right to work and the free choice of employment as an athlete,20 and to move freely in pursuit of that work and employment.21

Article 6. Right to organise and collectively bargain.

1. Every player has the right to organise and collectively bargain.22 2. Every player has the right to form and join player and athlete associations and unions for the protection of his or her interests.23

Article 7. Right to share in economic activity and wealth.

Every player has the right to share fairly in the economic activity and wealth of his or her sport which players have helped generate.24

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Article 8. Fair and just working conditions.

1. Every player has the right to just and favourable remuneration and conditions of work, including a minimum wage, fair hours of work, rest, leisure, the protection of wages, the certainty of a secure contract and the protection of his or her status as a worker within the employment relationship.25 2. Every player, without any discrimination, has the right to equal pay for equal work.26 3. A player has the right to negotiate the terms and conditions upon which he or she is involved in sport and to be represented by persons and organisations of his or her choosing in those negotiations.27 4. A player must only be bound by terms and conditions which are legitimately made and administered through collective bargaining or to which he or she has freely and genuinely consented.28

Article 9. Promotion of physical health, mental health and social wellbeing.

1. Every player must be provided with a safe and secure workplace and sporting environment, which promotes the player’s safety, physical and mental health and his or her social wellbeing.29 2. A player must be treated and supported with utmost integrity by healthcare professionals when injured or ill, and have direction and control over that treatment and support.30 3. A player’s workplace and sporting environment must be protected from both internal and external risks to his or her safety, health and wellbeing. A player is entitled to decide on the measures necessary to ensure the safety and security of the workplace and sporting environment and to take any action reasonably necessary to avoid those risks or prevent them from materialising.31

Article 10. Right to education.

To achieve fully his or her human potential and personality, every player has the right to an education and the pursuit of work and life beyond sport supplemented by the resources of the sport.32

Article 11. Right to privacy and the protection of personal data.

Every player has the right to a private life, privacy and protection in relation to the collection, storage and transfer of personal data.33

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Article 12. Protection of name, image and performance.

Every player is entitled to have his or her name, image and performance protected. A player’s name, image and performance may only be commercially utilised with his or her consent, voluntarily given.34

Article 13. Freedom of opinion and expression.

Every player has the right to freedom of opinion and expression.35

Article 14. Protection of and equality before the law.

Every player has the right to the protection of the law and equality before it.36

Article 15. Right to due process.

Every player is entitled to due process including, where charged, to the presumption of innocence. Any penalty must be lawful, proportionate and just.37

Article 16. Right to an effective remedy.

Every player is entitled to have any dispute resolved through an impartial and expeditious grievance mechanism in which the player has an equal say in the appointment of the grievance panel, arbitrator or other decision-making person or body. His or her sport must ensure he or she is provided with access to an effective remedy where his or her rights under this Declaration have not been protected or respected.38

Article 17. Duty to respect the rights of others.

Every player has a duty to respect the rights of his or her fellow players under this Declaration, and to respect the fundamental human rights of everyone involved with or affected by sport.39

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1. Just like transnational corporations, world sport’s governing bodies such as the International Olympic Committee and FIFA are multi-billion dollar businesses whose activities impact the human and labour rights of people across the globe. This includes the players whose work generates sport’s vast wealth.

2. Players stand shoulder to shoulder with all who make sport possible including service and construction workers, journalists, fans, volunteers, communities and children.

3. Since the 4th UNI World Congress, UNI’s World Players Association has worked with global union federations, non-governmental organizations, sport’s governing bodies, business, the UN, the ILO and governments to ensure that sport champions the dignity of the player and the humanity of sport. This work has seen:

a) The IOC, FIFA, UEFA and the Commonwealth Games Federation commit to respect and uphold human and labour rights through proactive and legally binding measures b) The government of Qatar commit to fundamentally reform its labour law c) A joint commitment to establish an independent Centre for Sport and Human Rights in 2018 d) The adoption of the Universal Declaration of Player Rights by unions representing 85,000 athletes under the umbrella of the World Players Association.

4. This Congress resolves that UNI will:

a) Organise, bargain and forge strategic alliances to ensure that the human and labour rights of all people involved with or affected by sport including athletes are protected, respected and upheld. b) Ensure that sport truly becomes a force for good by being an example for workers and business in the global economy for the protection, respect and fulfilment of human and labour rights.

5th World Congress of UNI Global Union Sunday 17 – Wednesday 20 June 2018 Liverpool, England

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I. The World Players Association (World Players) exists to champion the dignity of the player and the humanity of sport. II. World Players has a three-part goal in the pursuit of this vision. First, the human rights of everyone involved in the delivery of sport must be protected, respected and, where needed, upheld. Second, the same must be true for the players. Third, the impact of sport must be positive, including in sporting, economic, environmental and cultural terms.1 III. World Players is the leading voice of organised players in the governance of global sport. It brings together 85,000 players across professional sport though more than 100 affiliated player associations based in over 60 countries. This voice has been built over more than a century at the national, regional and international levels by players and their player associations exercising their internationally recognised human right to freedom of association.2 IV. By working closely with their members, leading player associations have developed into highly influential, professional and sophisticated organisations which provide wide ranging support to players both as athletes and people. Contrary to certain beliefs strongly held among some who govern and administer sport, player associations have been instrumental in shaping sporting, economic, environmental and cultural outcomes which have been profoundly positive for sport and its key stakeholders. These include transformed sporting economies, the protection and enhancement of the essence and integrity of sport, and the building of rewarding playing career paths which maximise the personal character, development, health and wellbeing of players. Enlightened sports have embraced the opportunity to work in partnership with players through their player associations to deliver these outcomes.

V. However, much of global sport continues to resist the opportunity to work with player associations. As a result, in global sport today, there are two systems of work. As one of these exists only by institutionally preventing or restricting the right of players to freedom of association including by forcing them to individually consent to the unilaterally imposed requirements of SGBs, it is causing harm to sport, players, and, as a governing system of law and work, lacks legitimacy.

1. Global sport proclaims powerful and universal ideals including human rights. At the same time, it seeks to govern itself in a special way through a values system committed to the neutrality, autonomy and specificity of sport. Through a combination of power in the sports market and the twin legal forces of specific enabling legislation and compulsory arbitration, global sport has established a dominant position in its dealings with its major stakeholders, including players.3 2. For the purposes of this policy, global sport consists of the Olympic Movement, the three main constituents of which are the International Olympic Committee (IOC), the International Sports Federations (IFs) and the National Olympic Committees (NOCs).4 It also encompasses global sports law – with its component parts known variously as lex sportiva and ‘Olympic law’ – which is, in effect, law made by and imposed at the behest of Sports Governing Bodies (SGBs). 3. Lex sportiva and ‘Olympic law’ are not sourced in international law. “Global sports law is an autonomous legal system, having immunity from national legal systems…Under this global law paradigm, lex sportiva constitutes a separate and self-regulating legal order not subject to review by state authorities”5 that has the “propensity…to displace national laws.”6 Due to the supporting nature of Swiss arbitration law, lex sportiva is “a ‘specific global law without the state’…which is not the product of a global democracy but of a messy, invisible, political process involving a plurality of actors representing a conflicting set of interests.”7 ‘Olympic law’ cannot be considered “international law [which] is usually created as a result of…nation-states entering into treaties with each other, or with transnational organisations, for the benefit of all.”8

1. SGBs such as the IOC and IFs have a responsibility to respect human rights recognised by international law. The framework for doing so exists under the United Nations Guiding

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Principles on Business and Human Rights (UNGPs),9 the OECD Guidelines for Multinational Enterprises (OECD Guidelines),10 and the International Labour Organization (ILO) Tripartite Declaration on Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration).11 2. The responsibility “is a global standard of expected conduct for all business enterprises wherever they operate,” exists “independently of States’ abilities and/or willingness to fulfil their own human rights obligations,” and “exists over and above compliance with national laws and regulations protecting human rights.”12 3. The responsibility refers to, at a minimum, those expressed in The International Bill of Human Rights,13 the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work and Its Follow-Up,14 and additional international standards pertaining to vulnerable groups,15 including the United Nations Convention on the Rights of the Child.16 The responsibility, therefore, extends to freedom of association.17 4. Importantly, “[t]he universal nature of these rights and freedoms is beyond question.” The “international community must treat human rights globally in a fair and equal manner,” on the same footing and emphasis.18 5. The responsibility of SGBs to respect internationally recognised human rights including the right to freedom of association unquestionably extends to those who sit at the heart of sport – the players. To this end: (a) the framework for doing so is set out under the World Player Rights Policy;19 (b) the most pertinent substantive rights of players to be respected are articulated in the Universal Declaration of Player Rights;20 and (c) SGBs must, together with leagues, clubs, employers and other actors, take proactive steps to promote a player’s long term personal growth as well as sporting excellence and maximise his or her mental health, physical health and social wellbeing in accordance with the World Player Development Wellbeing, Transition and Retirement Standard.21

1. SGBs including the IOC and many IFs emphasise their “autonomy”,22 and in doing so rely on their entitlement to exercise the right to freedom of association. Yet, the power of such autonomy is exercised to impose a system of work on many players in global sport which institutionally prevents or restricts players from exercising their right to freedom of association and, in a number of other material respects, fails to uphold the duty of SGBs to respect the internationally recognised human rights of players. 2. Other SGBs, including Fédération Internationale de Football Association (FIFA), while emphasising their autonomy,23 expressly commit to respecting the internationally

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recognised human rights of players,24 acknowledge their right to freedom of association,25 and the importance of engagement with player associations to prevent, mitigate and address harm.26 3. The result is the existence of two systems of work. Which system a player works under profoundly affects the enjoyment of his or her economic, social, cultural, civil and political rights, as well as his or her personal development and wellbeing. 4. As shown in Table 1, each system of work is determined by four key characteristics:

• Recognition of the • The rights and internationally recognised responsibilities of players human rights of players. are defined by the SGB, and subjected to the rules and regulations of the SGB.27

• Employees / workers • Determined by the protected by employment regulations and contracts and labour law. imposed by SGBs. • Employment relationship. Enforced through mandatory arbitration by the Court of Arbitration for Sport (CAS). • Regulatory relationship.

• Have the legal right to • Regulated by the SGB – organise and collectively e.g. the IOC Athletes’ bargain. Commission and the World • Employment relationship Anti-Doping Agency governed by a collective (WADA) Athlete bargaining agreement. Committee. • Regulatory relationship.

Cartels subject to competition Notions of the autonomy and and anti-trust law, including in specificity of sport are relation to their dealings with pervasive, and have significant players. political and legal recognition and implications.

1. Which of the two systems of work prevails in a sport is not determined by factors often cited by some who govern and administer global sport, including whether:

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(a) the sport is part of the Olympic Movement; (b) the “European model of sport” applies;28 (c) the sport is conducted on a profit or not-for-profit basis; or (d) the players are employees or independent contractors. 2. Which of the two systems of work prevails is principally determined by whether the right of players to freedom of association is recognised and exists, or whether it is prevented or restricted. 3. Provided the regulation of players by SGBs starts with recognition of their duty to respect and fulfil the internationally recognised human rights of players – including to freedom of association – both systems can be reconciled.29 This is essential if global sports law is to be legitimate. 4. Where the regulation of players by SGBs fails to respect, intrudes upon or purports to prevail over the internationally recognised human rights of players, it is not possible to reconcile both systems of work. In these circumstances, global sports law lacks legitimacy.

1. SGBs have too commonly failed to respect and fulfil the fundamental human rights of players whose careers and livelihoods depend on sport’s legal framework and system of justice. The precarious position of the player at law and at work has been exacerbated by the development by SGBs of a global sports law which lacks legitimacy. The lack of legitimacy is rooted in a number of factors including: (a) the lack of involvement of the people bound by the law in the making of it – the players; (b) the ongoing violation of the rights of players (especially vulnerable players who are, naturally, the ones most in need of the protection of the law); and (c) the law’s lack of compliance with internationally recognised human rights. 2. By being shared with key stakeholders and affected groups including freely represented players, global sports law can enjoy a level of legitimacy presently lacking with lex sportiva and ‘Olympic law’.30 3. Emerging global systems of private law are not unique to sport. “[P]rivate actors – including corporations, civil society, the media, and individuals – separately and together can create a system of rule-making and rule-enforcement that may be more effective than public lawmaking standing alone.”31 4. Unlike public law, it is not based on the monopolistic power to make and enforce behavioural rules.32 Unlike lex sportiva, it does not depend on mandatory arbitration

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enforced through a lack of consent which is now indisputable. Unlike ‘Olympic law’, it is not imposed at the behest of a private entity seeking to exert its commercial interests. 5. Instead, “[m]ultinational corporations may have authority and power as never before to legislate, but legislation is not made in a vacuum. Authority must be shared. Authority is shared with other emerging powers: the great institutions of civil society and the great institutions of information diffusion.”33 6. The challenge and opportunity for SGBs is to act to legitimize global sports law by embedding the fundamental human rights of the players. The UNGPs provide the framework for doing so. The realistic outcome is a global sports law that proactively protects, respects and upholds internationally recognised human rights and which is enforceable through a properly designed grievance mechanism. Sport can be a genuine force for good by setting a global benchmark for the respect and fulfilment of human rights by business.

Brendan Schwab Executive Director Wednesday 20 June 2018 Liverpool, England

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Sport relies on a rules-based system, fair play, respect and the courage, cohesion, support and goodwill of society in all its facets, including athletes, fans, workers, volunteers and local communities, as well as governments, businesses large and small, the media and sports bodies. The foundational principles of the world’s preeminent sports bodies speak to universal humanitarian values, harmony among nations, solidarity and fair play, the preservation of human dignity, and commitment to non-discrimination. These values have much in common with international human rights instruments, principles and standards.

Recognising that there is a generation of work to be done to fully align the world of sport with the fundamental principles of human dignity, human rights, and labour rights; the Advisory Council of the Centre for Sport and Human Rights1 are committed to working towards the fulfilment of these Sporting Chance Principles.

1. Sport has inherent power to create positive change Sport can help promote human rights and sustainable development, and foster cooperation, solidarity, fairness, social inclusion, education and health at the local, regional and international levels. To realise this potential, it is essential that the protection of and respect for human rights are embedded within the governance and operations of sport, and that the policies, systems, and practices of all actors regularly evolve to reflect the continually developing human rights landscape. This should also be the starting point for engaging with critical issues such as integrity, equality, development, and fair play.

2. Internationally recognised human rights apply The governance and delivery of sport should at all times be based on international human rights instruments, principles and standards, including those expressed in the UN Guiding Principles on Business and Human Rights, the OECD Guidelines on Multinational Enterprises, the ILO Declaration on Fundamental Principles and Rights at Work, and the ILO Tripartite Declaration on Principles Concerning Multinational Enterprises and Social Policy, as well as those that may apply to potentially vulnerable or marginalised groups such as the UN Convention on the Rights of the Child.

3. All actors involved in sport commit to internationally recognised human rights All actors involved in sport should commit to protecting and respecting internationally recognised human rights through their activities and business relationships. Harms that do occur should be addressed. All actors should strive to act responsibly, through their governance, through proper safeguarding, and through protecting/respecting the rights of all stakeholders including athletes, fans, communities, workers, children, volunteers, journalists, human rights defenders, and potentially marginalised groups.

4. Human rights are taken into account at all times All actors involved in sport should identify, prevent, mitigate, and account for how they address their impacts on human rights through a robust and ongoing process of human rights due diligence. This applies to any actor involved in the delivery of sporting events at each stage of their lifecycle from bidding, bid evaluation, planning, development, delivery, staging to legacy, as well as throughout the entire sport value chain.

5. Affected groups have a voice in decision-making Principled and practical ways should be found to strengthen the voice of all those affected by sport, including athletes, fans, communities, workers, children, volunteers, journalists, human rights defenders, and potentially marginalised groups, through meaningful and ongoing engagement. Special efforts should be made to engage with vulnerable and hard to reach groups, and address any discrimination or failure to protect, respect and uphold enabling rights.

6. Access to remedy is available Effective remedy should be available to those whose human rights are negatively impacted by the activities or business relationships of the actors involved in sport, including during any stage of a mega-sporting event lifecycle. Governments, trade unions, national human rights institutions, OECD National Contact Points, corporate partners, civil society groups, and sports bodies should coordinate and collaborate on this issue.

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7. Lessons are captured and shared Lessons learned with regard to human rights successes and failures of the activities and business relationships of the actors involved in the governance and delivery of sport, including throughout a mega-sporting event lifecycle, should be captured, disclosed and shared in transparent ways to raise standards and improve practices in order to prevent a recurrence of adverse human rights impacts over time.

8. Stakeholder human rights capacity is strengthened To address human rights risks and opportunities, governments, sports bodies, organising committees and other key stakeholders involved in the governance and delivery of sport should develop human rights knowledge and capacity, and seek expert advice as required.

9. Collective action is harnessed to realise human rights To help all actors involved in sport continue to be a source of inspiration for decades to come, all stakeholders should forge collective solutions to address human rights challenges that are beyond the capacity of any single stakeholder to resolve. All actors should work collectively to coordinate, support, and develop alignment between the world of sport and international human rights instruments, principles, and standards.

10. Bidding to host mega-sporting events is open to all All nations and localities should be able to bid to host mega-sporting events and bring these celebrations of human achievement to their people, provided that in doing so they demonstrate their commitment to meeting their responsibilities and obligations under relevant international human rights instruments, principles, and standards in relation to the event.

Brendan Schwab Executive Director Thursday 26 June 2018 Geneva, Switzerland

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I. The World Players Association (World Players) exists to champion the dignity of the player and the humanity of sport. II. World Players has a three-part goal in the pursuit of this vision. First, the human rights of everyone involved in the delivery of sport must be protected, respected and, where needed, upheld. Second, the same must be true for the players. Third, the impact of sport must be positive, including in sporting, economic, environmental and cultural terms.1 III. If sport is to be true to the powerful and universal ideals it proclaims, then it must uphold the state’s duty to protect internationally recognised human rights along with the corporate responsibility to respect human rights. At the global level, however, sport commonly seeks to govern itself in a special way through its devotion to the principles of neutrality, autonomy and the specificity of sport. IV. The people who make sport possible – the athletes – and those affected by the magnitude of modern sporting events, including local communities, workers, children, journalists and fans, have suffered harm. Athletes, as people, naturally want for themselves and their people the same fundamental human rights to which everyone is entitled under international law. V. These forces are giving rise to three levels of athlete activism: (1) individual activism; (2) collective activism; and (3) institutional activism. This activism – which involves the exercise of the enabling rights to freedom of expression and association – is grounded in a deep respect for human rights, as well as sport, and the dignity of pursuing sport for a living. Its objective is to reconcile sport and human rights. VI. However, all too often, athlete activists pay a heavy price, including the sacrifice of their sporting careers. As the substantial body of work highlighted in this policy demonstrates, athlete activism should not necessitate such sacrifice. Sport has a duty to embrace the

opportunity presented by athlete activism and ensure that sport is a genuine force for good.2

1. Athletes are powerful agents for social change According to former National Football League player and NFL Players Association Executive member Scott Fujita, “sports figures like Jackie Robinson, Billie Jean King and Muhammad Ali have been powerful agents for social change. That’s why the messages athletes send – including the way they treat others and the words they use – can influence many people, especially children.”3 But there is a price to be paid, even though it is those who fight “against discrimination and for equality” who “end up on the right side of history.”4

2. Athlete activism drives sport to be a genuine force for good Athlete activism today plays a central role in ensuring that sport is a force for good and upholds, as a matter of practice, the ideals it proclaims, including human rights. While the tendency of sport is to curtail political protest such as that engaged in by Tommie Smith, John Carlos, Peter Norman and Vera Caslavska on the basis that it damaged the Olympic Games, this policy asserts that the very same protest in fact positively contributed to the advancement of the Olympic mission by “promoting a peaceful society concerned with the preservation of human dignity.”5

3. Athlete activism encompasses the breadth of internationally recognised human and labour rights Athlete activism today encompasses the breadth of internationally recognised human and labour rights, both within and through sport. Individual athletes demand the right to compete free of discrimination, as well as the right to organise collectively to address abuse, appalling conditions of work, or entrenched gender discrimination and pay inequity. Others work institutionally to change the very system that places the enjoyment of fundamental freedoms in conflict with the practice of sport and to hold sport to account for harm caused to the rights of those it impacts and touches.6

4. The framework for reconciling sport and human rights through athlete activism exists The responsibility of Sports Governing Bodies (SGBs) to respect internationally recognised human rights including the right to freedom of expression and association unquestionably extends to those who sit at the heart of sport – the athletes. To this end: a) the framework for doing so is set out under the World Player Rights Policy;7

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b) the most pertinent substantive rights of to be respected are articulated in the Universal Declaration of Player Rights;8 and c) SGBs must, together with leagues, clubs, employers and other actors, take proactive steps to promote a player’s long term personal growth as well as sporting excellence and maximise his or her mental health, physical health and social wellbeing in accordance with the World Player Development Wellbeing, Transition and Retirement Standard.9

despite short-term controversy, athlete activism has in the long run positively influenced both sport and sport’s capacity to shape society for the better, including by creating greater opportunity.10 Sport must therefore, as the Commonwealth Games Federation (CGF) is demonstrating, “be a non-adversarial force for good in this world, that creates a safe space for courageous conversation and even more importantly a safe space for taking brave action.”11

1. 1968 – 2018 The 50 year period that separates athlete activists Colin Kaepernick, Eric Reid, Abby Wambach and Pep Guardiola from Tommie Smith, John Carlos, Peter Norman and Vera Caslavska appears to have done little to reconcile sport and human rights. The exercise of their right to freedom of opinion and expression and their actions against discrimination resulted in threats, penalties and ostracism. Yet the same 50 year period has seen the explosive professionalisation, globalisation and, even, “giganticism” of sport as a business, political and legal undertaking.12

2. Barriers to athlete activism There are significant substantive, cultural and systemic barriers to athlete activism embedded in the governance of global sport. For example: a) the seventh fundamental principle of Olympism prescribes that “[b]elonging to the Olympic Movement requires compliance with the Olympic Charter and recognition by the [International Olympic Committee (IOC)];”13 b) the IOC defines athlete rights without embedding the internationally recognised human rights of athletes and by subjecting them to the rules and regulations of SGBs;14 and c) one of the strongest features of the governance of global sport is the broad condemnation of athletes seeking access to judicial remedies, despite that being a

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fundamental right, including through express regulation and the making of threats to exclude athletes from major international competitions.15

1. Freedom of expression and opinion a) The right to freedom of expression and opinion is referred to in Article 19 of the Universal Declaration of Human Rights (UDHR) and given legal effect under Article 19 of the International Covenant on Civil and Political Rights 1966 (ICCPR).16 It serves as an enabler of all other rights. As the reactions to the activism of Smith, Carlos, Norman, Caslavska, Kaepernick, Wambach, Reid and Guardiola make clear, in global sport, “the interference with athletes’ freedom of expression is more likely to come from employers or [SGBs]” than State actors.17 b) The Olympic Charter’s prohibition of political demonstration is a cornerstone of the IOC’s purported commitment to remain at all times “strictly politically neutral.”18 However, the objective of political neutrality does not justify a blanket prohibition of political demonstration. c) Consistent with the more nuanced approach now being taken by the CGF, the Olympic Charter could simply follow the ICCPR which provides that the right: …carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.19

2. The right to work and access to an effective remedy a) According to an English court in 1964, professional footballers were subject to: …an employers’ system, set up in an industry where the employers have succeeded in establishing a monolithic front all over the world, and where it is clear that for the purpose of negotiation the employers are vastly more strongly organized than the employees.20 b) Since that time, players from a variety of sports including Major League Baseball player Curt Flood have been willing to risk their careers and livelihoods so that their fellow professionals can enjoy – as players – the same basic rights and freedoms that all citizens enjoy.21 This has been achieved through the development of a body of case law from 1964 to 1995 in jurisdictions such as the United States, Europe and Australia that was hard fought for and saw players legally recognised as workers,

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free to form and join unions and free to move in the exercise of their trade as professional athletes without the imposition of any unreasonable restraint.22 c) Fundamental to the success of such individual athlete activism was the determination shown to win the internationally recognised human rights to “work, to free choice of employment, [and] to just and favourable conditions of work,”23 as well as to “have an effective remedy” including “the possibility of judicial remedy”.24 d) The combination of the court rulings and collective activism established that not only were the fundamental rights of players to pursue their profession being unreasonably and, therefore, unlawfully restrained, the same restraints were not in the best interests of sport.

1. Freedom of association and effective recognition of the right to collective bargaining a) The Decent Work Agenda of the International Labour Organization (ILO) involves “freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men.”25 In this way, it expresses the aspirations of modern athletes. The ever increasing demands of professionalism – driven by the combined forces of economic growth and the increased prestige of sport for governments and business as well as SGBs – mean that just pay and conditions of work are now simply essential for both male and female athletes.26 b) Coupled with increasing concerns over the negative human rights impacts of the activity of sport and SGBs on athletes, world sport is seeing the “normalisation of the right of players to organise”27 and, as shown in Figure 1,28 the “dramatic emergence of player associations across the globe.”29

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2. Gender equality a) According to Billie Jean King on the narrowing of the “great gender gap”, “women’s sports will have arrived only when women’s team sports are accepted.”30 Yet, in 2015, the Fèdèration Internationale de Football Association (FIFA) paid the United States Soccer Federation USD$2 million for winning the FIFA Women’s World Cup in Canada only a year after paying the German Football Association US$35 million for winning the 2014 FIFA World Cup (for men).31 b) The period since has witnessed a powerful wave of collective action by women footballers, including players in Ireland, Denmark, The Netherlands, Finland, Chile, Argentina, Brazil, the United States, Norway, and Australia. The actions sought to address a lack of opportunity or decent pay and conditions.32 c) A recommendation of the 2018 IOC Gender Equality Review Project33 calls for “NOCs and IFs to establish mechanisms to address inequalities between genders in prize money and other athlete payments,” with “transition plans to close the gender pay gap” to be actioned by December 2020.34 d) The UDHR provides that,”[e]veryone, without any discrimination, has the right to equal pay for equal work.”35 Article 11 of the 1981 UN Convention on the Elimination of All Forms of Discrimination Against Women,36 calls on States Parties to “eliminate discrimination against women in the field of employment” acknowledging the right “to work as an inalienable right of all human beings,”37 and “to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work.”38 The principle of “equal remuneration for men and women workers for work of equal value” is also enshrined in Article 2 of ILO C100.39 e) Equal prize money for women players, therefore, sits clearly as not only an objective of FIFA, but also a commitment and responsibility. This is also the case for all SGBs.

1. The Sport and Rights Alliance (SRA) a) The SRA “is an unprecedented global coalition of leading Non-Governmental Organisations (NGOs) and trade unions” – including Amnesty International, the Committee to Protect Journalists, Football Supporters Europe, Human Rights Watch, the International Trade Union Confederation and Terre des Hommes, Transparency International Germany and World Players – “working together to embed human rights and anti-corruption across world sport and to promote the rights and well-being of those most affected by human rights risks associated with the

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delivery of sport...including children, women, activists, minorities, fans, athletes, and other workers.”40 b) Founded in early 2015 to pressure SGBs to ensure their decision-making and operations respect international standards for human rights, labour rights and anti- corruption, in accordance with the UNGPs, the SRA has played “pivotal roles in landmark decisions by [SGBs] to adopt new policies, bidding criteria for mega- events, and [HCC] clauses that embed their responsibilities to respect human rights, labour standards, and anti-corruption measures,” including the IOC, FIFA, the CGF and the Union des associations européennes de football (UEFA).41

2. The Centre for Sport and Human Rights (CSHR) a) The need for collective action through an independent institution drove the significant multi-stakeholder commitment that on 26 June 2018 culminated with the announcement of the formal establishment of the CSHR by its chair, Mary Robinson, the former President of Ireland and UN High Commissioner for Human Rights.42 The establishment of the CSHR is the work of an “unprecedented alliance [which] includes intergovernmental organisations, governments, sports bodies, athletes, hosts, sponsors, broadcasters, civil society representatives, trade unions, employers and their associations, and national human rights institutions.”43 b) The vision of the CSHR is “[a] world of sport that fully respects human rights.”44 The CSHR’s functions centre on “the promotion of effective approaches to prevention, mitigation, and remedy of adverse human rights impacts.”45 It will be governed by a board of independent trustees who will be elected by an advisory council in which six key stakeholders are given equal status: (1) intergovernmental organisations; (2) governments; (3) trade unions (including World Players); (4) NGOs and National Human Rights Institutes; (5) sponsors, broadcasters and commercial partners; and (6) SGBs and organising committees, including the FIFA, UEFA and the CGF.46 The IOC has yet to be accepted as a member of the Advisory Council. c) The CSHR’s statutory objectives enshrine the Sporting Chance Principles committed to by all members of the advisory council.47 They demand that “human rights are taken account of at all times,”48 “affected groups have a voice in decision- making…including athletes, fans, communities, workers, children, volunteers, journalists, human rights defenders, and potentially marginalised groups,”49 “access to remedy is available,”50 and “collective action is harnessed to realise human rights.”51

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1. Sport provides both the occasions to celebrate humanity and, due to its intensity, scale and reach, the circumstances to impact people negatively. Sport is, by its nature, a shared experience. Yet the institutions which govern it are, all too often, exclusive in their approach. Just as sport is a shared experience, the transnational legal framework which governs it must now also be shared. 2. Consistent with this policy, a commitment to embedding internationally recognised human rights in global sport has now been made by six key stakeholder groups: SGBs; governments; leading intergovernmental agencies such as the United Nations (UN) and the ILO; business and the brands; NGOs; and the trade union movement, including the organised voice of athletes. Much work remains to be done to convert that commitment into genuine reconciliation. Substantive, cultural and institutional change is demanded. Without it, adverse human and athlete rights impacts will not be prevented when they should and those whose rights are violated will continue to be denied a remedy. 3. For this work to be completed, athlete activism will remain essential, individually, collectively and institutionally. Moreover, the three levels of athlete activism will need to engage strategically with each other, not only for the benefit of athletes, but for everyone touched by sport. 4. If global sport is to be a true force for good and celebrate humanity throughout the world, it must first protect, respect and uphold the human rights of those who make it possible. Those that govern sport have a duty to create a safe space for athlete activism.

Brendan Schwab Executive Director Tuesday 28 August 2018 Nyon, Switzerland

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I. The World Players Association (World Players) offers the following comments and policy positions on the ongoing review of the World Anti-Doping Code (WADA Code) with amendments to take effect in 2021 (2021 WADA Code Review). II. World Players has established an Anti-Doing Working Group1 to oversee and drive key policy matters pertaining to anti-doping. III. World Players challenged the 2021 WADA Code Review, noting its limited scope:2 a) precluded fundamental matters from being taken into account, such as revision to the prohibited list criteria; b) contrasted with critical developments in word sport connected to safeguarding player and athlete rights in accordance with the United Nations Guiding Principles on Business and Human Rights (UNGPs); c) would not address the frequent cases of injustice connected with the enforcement of the WADA Code on matters pertaining to disproportionate sanctions, the demonstrable impact that the global anti-doping regime is having on players, and the punitive approach to players who have tested positive for substances of abuse; and d) continued the exclusion of player associations from the processes through which the WADA Code is developed, promulgated and implemented in circumstances where their members are expected to be compulsorily bound. IV. World Players additionally offered the following constructive solutions that would have elevated the 2021 WADA Code Review in meeting its objectives. These were:

a) WADA publish revised terms of reference that make it clear that the scope of the review is not limited; b) WADA prepare a report to inform submissions to be made to the review which evaluates the effectiveness of the global anti-system. That report should address the capacity of athletes to access justice, and the impact of the system on athlete careers, health and wellbeing. It should be prepared through extensive consultation with those affected by the system including World Players; and c) the composition of WADA Code Drafting Team be expanded to include two nominees of World Players, with expertise on issues such as human rights and scientific matters. V. The response from WADA, including minuted remarks from its Executive Committee, made it clear that they refused meaningful engagement with World Players.3 VI. The only limited engagement World Players has been afforded was a meeting with the WADA Code Drafting Team in October 2018. VII. Such an approach from WADA does not constitute meaningful stakeholder engagement in circumstances where World Players represents in the order of 80,000 players who are compulsorily bound by the WADA Code as a mandatory condition of their employment, yet are excluded from its development, and implementation. VIII. This is occurring in circumstances where WADA is experiencing a crisis of confidence.4 This is particularly relating to its governance model which World Players has addressed in its “Four Pillars” governance proposal tabled with WADA in July 2017. IX. It is in the context of these concerns, that World Players articulates the following principles for WADA Code reform. These fundamental proposals would address the overwhelming number of negative and unnecessary impacts on player careers, livelihoods and well-being.

1. The WADA Code must be amended to provide that an anti-doping rule violation is not committed where the athlete can show, on the balance of probabilities, that he or she did not intend to, or did not, enhance his or her sporting performance.

1. Jurisprudence of the Court of Arbitration for Sport (CAS) demonstrates the WADA Code is “clearly hostile to the introduction of proportionality as a means of reducing yet further the period of ineligibility provided for the WADC.”5 This persists in circumstances where a player’s federation even advocates for a reduction.

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2. Proportionate sanctions are a fundamentally recognised right and any limitations on their enjoyment must be in pursuit of a legitimate objective and go no further than what is necessary to achieve this.6 3. As WADA does not research, monitor or assess the impact of the global anti-doping regime on players, WADA does not know whether sanctioning under the WADA Code is proportionate. For example, WADA has not undertaken due diligence on how this may affect a player’s physical and mental health or social wellbeing. Moreover, the purported maintenance of an apparent “consensus” underpinning WADA’s approach to sanctioning cannot be considered a legitimate objective or provide any justification for overriding fundamental rights. 4. WADA must therefore undertake research into the impact of the global anti-doping regime on players. This impact assessment will enable WADA to develop the requisite understanding of how its activities and relationships are actually affecting players. It must also include evaluation of less restrictive ways to achieve the WADA Code’s purported deterrent objectives and be reconciled with the WADA Code’s health-based priorities.

1. The WADA Code must adopt a health and rehabilitative approach to substances of abuse. This has been contemplated in past WADA Code reviews, and has been successfully implemented in various policies developed between player associations and their governing bodies.7 2. Such an approach has the player’s health as its foundation in the administration of educational and preventative methods, and the adoption of a rehabilitative approach to sanctioning.

1. WADA is an agency of governments and sports governing bodies which respectively have a duty to protect and respect fundamental rights. WADA therefore has a responsibility to ensure that the fundamental rights of athletes are protected, respected and upheld in accordance with the UNGPs. 2. This requires WADA to develop an athlete rights policy through genuine collaboration, conduct an ongoing due diligence process to assess the risk of WADA’s activities negatively impacting on the internationally recognised human rights of players, and provide access to an effective remedy where these rights are violated. WADA must also report and engage with key stakeholders including players and their legitimate representatives.

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1. If the WADA Code is not amended in accordance with the policy position of World Players, then it is clear that the 80,000 players represented by affiliated player associations are not a party to the apparent consensus on which WADA relies to justify almost all legally controversial aspects of the WADA Code. 2. Accordingly, the following amendment as underlined must be inserted in the introduction to the WADA Code: “When reviewing the facts and the law of a given case, all courts, arbitral hearing panels and other adjudicating bodies should be aware of and respect the distinct nature of the anti-doping rules in the WADA Code and the fact that those rules represent the consensus of a broad spectrum of stakeholders around the world with an interest in fair sport. This consensus, however, does not include players in professional team sports.”8

1. Anti-doping policy should be the product of negotiation between the legitimate representatives of players and the corresponding league or governing body that oversees their participation in competition. 2. There are numerous examples of where negotiated outcomes through collective bargaining agreements have secured outcomes that have been effective in preventing doping, whilst ensuring protection for the rights of players and the integrity of competition.9 3. This is all the more essential given the ongoing exclusion of professional players from the WADA Code’s process of development as noted in “the Background” to this policy.

Brendan Schwab Executive Director Tuesday 2 October 2018 Lausanne, Switzerland

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I. The World Players Association (World Players) exists to champion the dignity of the player and the humanity of sport. II. World Players has a three-part goal in the pursuit of this vision. First, the human rights of everyone involved in the delivery of sport must be protected, respected and, where needed, upheld. Second, the same must be true for the players. Third, the impact of sport must be positive, including in sporting, economic, environmental and cultural terms. III. If sport is to be true to the powerful and universal ideals it proclaims, then it must uphold the state’s duty to protect internationally recognised human rights along with the corporate responsibility to respect human rights. The collection and exploitation of a player’s personal and sports related information and data (Player Information) presents a number of salient risks to a player’s privacy rights. IV. Player Information may be collected, stored or transferred in connection with wearable equipment, biometric monitoring and surveillance, software algorithms, and other devices that analyse information relevant to a player’s health and performance, both on and off the field of play. V. Player Information is accordingly collected, stored and transferred for a wide variety of purposes. This occurs in areas that are often highly technically demanding, and in circumstances where there is a risk that it has been obtained without a player’s knowledge or genuine consent.

VI. The risks to a player’s privacy have been exacerbated with the advent of the social media age which exposes the player, and those close to them, to a heightened risk of abuse. VII. There is an acute risk of the unauthorised sharing of sensitive information not intended for public consumption, in particular through unauthorised access and dissemination of personal medical records.1 VIII. In all circumstances, technological advances far outpace sport’s understanding of the impact of that technology and the development of appropriate regulatory responses. Where left unchecked, they can seriously interfere with the enjoyment of a player’s fundamental and internationally recognised human rights. Accordingly, the lax framework around data protection and privacy regulation in sport must be addressed to embed each player’s rights.

IX: Article 12 of the Universal Declaration of Player Rights that states, “Every player has the right to a private life, privacy and protection in relation to the collection, storage and transfer of personal data;”2 and X. UNI Global Union’s ‘Top 10 Principles for Workers’ Data Privacy and Protection.3

XI. Sport must comply with these Player Information and Privacy Protection Principles (Player Information Principles) to meet its duty to protect, respect and uphold the privacy rights of players.

Principle 1 – Player protection 1. Each player is entitled to a safe space of work.4 The conveyance of Player Information poses potential risks to the physical and mental health of a player, and his or her social wellbeing. Sport must accordingly undertake an impact assessment of the legal, regulatory and practical processes relating to how Player Information is collected, stored and transferred. The nature of the impact assessment required is heightened with reference to the potential use of any unauthorised collection, storage or transfer, and to the class of Player Information concerned. For example, Player Information pertaining to medical records or genetic information necessitates the highest standards of due diligence. Where any gaps exist that

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may affect the enjoyment of the player’s rights, that gap must be communicated and addressed in consultation with the player and his or her legitimate representatives.

Principle 2 – Player self-determination 1. Each player has the right to self-determination in the ownership and control of the Player Information he or she shares, for what purpose, by which method, with whom it is shared, and which party is the ultimate beneficiary. A player must not be forced to consent to the provision of Player Information as a precondition of his or her participation in sport. Sport must not contribute to fostering a culture where the collection, storage or transfer of Player Information is anything other than voluntary.

Principle 3 – Player access 1. Each player has the right to access the Player Information within the custody or control of any club, league, governing body, or other party, including any party with which sport has a business relationship. Where requested, a player has the right to receive such Player Information in clear and plain language.

Principle 4 – No adverse use 1. Player Information may only be used for a purpose expressly authorised by a player, and not to the detriment of the player through the provision of information to unauthorised parties, or to the player’s detriment including in relation to contract and employment negotiations.

Principle 5 – Player approval for commercial use 1. Player Information must only be commercialised with the express agreement of the player. At all times, the player retains ultimate ownership over his or her Player Information which is not affected by the transfer of, or any authorisation given to a third party to commercially exploit, the Player Information.

Principle 6 – Player approval and oversight 1. Each player has the right to establish oversight mechanisms for the approval and monitoring of technologies that collect, store or transfer Player Information. These mechanisms must contain balanced representation between players and sport, and have the capacity to consult with subject matter experts.

Principle 7 – Respect for the player’s human and labour rights and applicable law 1. Player Information must as all times be treated in a way that accords with applicable human rights instruments,5 the framework of the United Nations Guiding Principles on Business and Human Rights and applicable national and regional law. Where there is a conflict between

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applicable human rights instruments, the UNGPs and national or regional law, the highest standards of protection prevail.

Principle 8 – Guarantee player access to remedy 1. Each player must have access to appropriate remedy mechanisms if any part of these Player Information Principles is breached. Applicable remedies may include “apologies, restitution, financial or non-financial compensation, and punitive sanctions (whether criminal or administrative, such as fines), as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition.”6 In all cases, the remedy available should reflect the seriousness of the duty to guarantee the protection of Player Information and provide for an effective deterrent where breached.

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V. Article 7 of the Universal Declaration of Player Rights (UDPR) that states, “Every player has the right to share fairly in the economic activity and wealth of his or her sport which players have helped generate;” and

VI. Article 8(1) of the UDPR that states, “Every player has the right to just and favourable remuneration and conditions of work, including a minimum wage, fair hours of work, rest, leisure, the protection of wages, the certainty of a secure contract and the protection of his or her status as a worker within the employment relationship.”

VII. This policy sets out five key requirements that sport must comply with to embed the economic rights of players into their activities and business relationships.

1. The “protect, respect, remedy” framework of the United Nations Guiding Principles on Business and Human Rights (UNGP’s) defines the responsibility of business enterprises such as Sports Governing Bodies (SGBs) to respect internationally recognised human rights. 2. The responsibility includes internationally recognised human rights expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s (ILO) Declaration on Fundamental Principles and Rights at Work. Internationally recognised human rights, therefore, include economic rights.3 3. The ILO defines decent work as that which is “productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration...”4 Decent work, therefore, is something that players aspire for.

1. Sport must proactively identify the salient economic rights risks its governance, regulatory activities and business relationships may have on a player. These risks include where a player is: a) deprived “the protection (he or she is) due”5 in contractual relationships that: i) demand work and performance without pay; ii) curtail the enjoyment of the player’s personality rights; iii) impose the costs of participation on the player; and iv) impose liability and the risk of participation on the player in a variety of means, including the imposition of the cost of insurance, the imposition of exclusion

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and limitation of liability clauses or excluding players from the protection of insurance coverage; b) denied their contractual entitlements where terms are either not respected or are unenforceable for a variety of reasons including legal, economic, practical, political or cultural factors; c) denied the ability to earn a living wage; d) denied the ability to exploit his or her personality rights at the most critical moments and periods of his or her career;6 e) denied of their status as a worker, through disguised employment relationships; f) subjected to sports specific laws and regulations that purposively exempt a player from: i) workers’ compensation laws; ii) minimum wage laws, or industry standards on pay and working conditions; and iii) being recognised as a worker or employee under national law. 2. The severity and impact of these risks are heightened in relation to certain vulnerable groups, such as women who face discrimination including in relation to the value of their economic rights. 3. The severity and impact of these risks are further heightened where there is institutional corruption, which in turn can produce an environment that exposes a player to the undesirable elements of sport.7

1. Sport must acknowledge that the basis of its revenue and wealth is generated through the commercial exploitation of a player’s economic rights. In the context of the business and activity of sport, these include: a) Labour and performance: A player is entitled to be remunerated for his or her labour and performance where work is performed pursuant to the instructions or control of sport, or where his or her performance in an event or competition generates revenue for the benefit of sport; and b) Name, image, reputation and likeness: The use and exploitation of a player’s name, image, reputation and likeness of a player by sport generates significant revenue, including through: i) media and broadcasting; ii) commercial partnerships and sponsorship; iii) merchandising;

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iv) sports-betting; v) data; and vi) the development of sport. 2. Where sport generates wealth from these rights, a player is entitled, like any other worker, to “claim freely and on the basis of equality of opportunity their fair share of the wealth which they have helped to generate.”8 3. This requirement is reflected in the economic and labour terms of Collective Bargaining Agreements (CBAs) across many professional team sports, which address matters such as minimum wages, the cost of work and performance, commercial payments, the bearing of risk, and revenue sharing.9 CBAs play a critical role in protecting a player’s economic rights by ensuring “respect for the fundamental and labour rights of sportspeople and the economic nature of sport.”10

1. Sport must undertake ongoing due diligence of its governance, regulatory and contractual activities and relationships to identify whether they adequately protect a player’s economic rights, and the impact these may have on his or her livelihood, economic circumstances and financial wellbeing.

1. Promote freedom of association It must be clearly communicated that all players have the right to freedom of association in the establishment of representative bodies of their own choosing. Regulated and controlled representation from within sporting organisations is not a substitute for independent, player driven representation. The right to freedom of association exists irrespective of a formal employment relationship.

2. Embed fundamental international labour standards in sport Sport must govern itself in a manner which meets the requirements of the ILO’s core conventions. Adherence to these critically ensures the enabling rights necessary for players to have their economic rights protected, respected and fulfilled. Where sport specific regulation, or national law, conflicts with these standards, the higher level of protection must be guaranteed.

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3. Review existing laws and regulations Government must review and identify sport specific laws, that deprive players of their economic rights. Where such laws exist, sport must work with player associations to implement measures that ensure a player receives at least the same level of protection afforded to an ordinary worker under national law.

4. Respect each player’s status as a worker or employee Sport often seeks to disguise a player’s true status as a worker or employee.11 The ILO’s Employment Relationship Recommendation details the factors to consider in determining whether a player is in disguised employment: a) the level of control sport exercises over the player; b) integration of the player into a sport’s activities; c) who the player’s work is performed for the benefit of; d) autonomy over the player’s working hours and place of work, which will include training and competition schedules; e) provision and limitations on the equipment, uniform, and materials necessary for the player’s participation in sport; and f) remuneration, or other benefits in kind made to the player including food, lodging, and transport.12

5. Provide guidance and training Sport must develop training and guidance to identify and prevent the denial of a player’s economic rights. It should be easily accessible and will be best delivered via customised training programs from player associations to administrators, officials and arbitrators responsible for the enforcement of standards and agreements.

6. Provide access to an effective remedy Where the economic rights of players have been violated, all applicable judicial and non- judicial grievance mechanisms appropriate to the circumstances of the players must be available. These may include sports specific dispute resolution chambers.13 Such grievance mechanisms must be able to remedy the violation of a player’s economic rights through the imposition of a broad range of measures including “apologies, restitution, financial or non- financial compensation, and punitive sanctions (whether criminal or administrative (such as fines), as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition.”14

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11th Executive Committee meeting Thursday 6 June and Thursday 5 September 2019 By video and teleconference

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Expert Group on Match “There are numerous causes for match fixing…the ease and Fixing, European speed of global communication, coupled with deficiencies in Commission, 2014-2017. the governance of sporting bodies (institutional corruption, late or non-payment of wages, absence of contract, training alone), have been the main drivers.”

“Prevention also must entail the setting up of good governance structures to avoid institutional corruption as well as promoting quality working conditions for players (i.e. fair and punctual payments, contractual stability).”

International Cricket • Players around the world frequently do not receive their Structural Review 2016, full contractual entitlements. FICA, 2016. • Players’ rights are not protected adequately around the world and current recourse in cases of dispute is not adequate. • Player contracts are often unbalanced, and do not afford players adequate protections, taking advantage of the relative strength/weakness of negotiating parties.

Global Employment • 41% of players had delayed payments. Report, FIFPro, December • 29% of transferred players moved against their will. 2016 • 22% of players are aware of forced training. • 9% of players suffer from violence, 8% from discrimination and 16% harassment. • 72% had not completed education beyond high school, with 10% not even beyond primary. • 17.2% of players who play for clubs abroad have experienced racism, xenophobia or other forms of discrimination.

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Global Employment • 49.5% of respondents are not paid by their clubs, and Report: working conditions most of those paid receive low wages. in professional women’s • More than 60% of paid players take home less than $600 football, FIFPro, December a month, only a tiny few make more than $4,000 a month. 2017. 37% are paid late. • Only 53% of players say they have a written contract with their club, and of these, 15% do not know what type of contract they have. At national level, only 9% of capped players say they have a written contract. • 66% of respondents say they are disappointed with the prize money in women’s football tournaments. The prizes for men’s and women’s events are not equal, in both absolute terms and in terms of revenue share.

Open letter - Players “Players worldwide, with various socio-economic conditions Position in German prepare for almost a lifetime to participate at the Olympic Federal Cartel Office Games. The National Olympic Committee of each country Proceedings sends their Olympic Team and thus every single player to the (Rule 40 § 3), German Games. The participation of each player depends on Players Commission, 23 submitting to the rules of the International Olympic Committee May 2018. (IOC), the Olympic Charter. By signing, uncontradicted, a Players’ Agreement with their National Olympic Committee, a player has almost no alternative to negotiate. With its Rule 40 §3, the Olympic Charter restricts the Players who participate in the Olympic Games as much as possible… By submitting to the IOC Charter and thus under Rule 40 §3, it is only marginally possible for Players worldwide to advertise with partners and sponsors in the economically most important phase of their sporting career…”

Global Women’s Survey, “42% of players say they can live off their income from Rugby International Rugby although this standard of living is categorised as “surviving” Players, August 2018. rather than living.

60% of those receiving income from their participation in rugby are also supplementing their income with another job…”

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Not for profit CBA: 2017 Cricket 27.5 – AUD$278,100 national SGB Australia 30%15 for Cricket Memorandum of Australia Understanding (not contracted male publicly available) players, AUD$66,243 for state contracted players16

Not for profit CBA: 2017 AFL 28% of AFL AUD$100,000 SGB Collective Bargaining revenues for fully listed Agreement (AFL and 11.2% players, CBA), “Schedule A – of club AUD$71,500 for Financial Review” revenues rookie listed above players forecasts17

Professional CBA; 2017 NBA 49% of USD$815,615, sports league Collective Bargaining “Basketball NBA CBA – with private Agreement (NBA Related Exhibit C-1 ownership CBA), Art. VII – Income” “Basketball Related Income, Salary Cap, Minimum Team Salary, and Escrow Arrangement”

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Professional CBA; 2011 NFL Between USD$480,000, sports league Collective Bargaining 47-48.5% of NFL CBA – with private Agreement (NFL “All Article 26 ownership CBA), Art. 12 – Revenues” “Revenue Accounting and Calculation of the Salary Cap”

Professional CBA; 2012 NHL 50% of USD$650,000, sports league Collective Bargaining “Hockey NHL CBA – with private Agreement (NHL Related Article 11 ownership CBA), Art 50 – Revenues” “Team Payroll System”

Not for profit CBA; 2016 New 36.56% of NZD$75,000, national SGB Zealand Rugby “New NZR CBA – Collective Zealand Article 55 Employment Rugby Agreement Union (NZR CBA), Part 2 – Player “NZRU Player Generated Generated Revenue Revenue” and the Player Payment Pool”

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I. The World Players Association (World Players) exists to champion the dignity of the player and the humanity of sport. II. World Players has a three-part goal in the pursuit of this vision. First, the human rights of everyone involved in the delivery of sport must be protected, respected and, where needed, upheld. Second, the same must be true for the players. Third, the impact of sport must be positive, including in sporting, economic, environmental and cultural terms.1 III. For this goal to be realised for players, it is essential that the internationally recognised human rights of players are substantively recognised by sport, and that players can effectively access justice both through formal legal systems and within the framework of sport. IV. The protection and fulfilment of a player’s internationally recognised human rights are determined by a variety of actors including governments and Sports Governing Bodies (SGBs), which, at the global level, are multinational enterprises of considerable economic and political scale and influence. V. This determination is frequently through Operational-level Grievance Mechanisms (OGMs), that are created and administered by SGBs. These OGMs may either be administered internally at the level of the enterprise as is the case in many professional leagues, or alternatively, through bodies established by global sport such as the Court of Arbitration for Sport (CAS).2

VI. In so doing, OGMs frequently subject a player’s rights to the the governance and regulatory requirements of SGBs.3 This is often through a “closed loop” that sees the insertion of compulsory arbitration into player contracts, which forces a player’s consent to as a pre-condition of participation.4 VII. OGMs, however, often lack the jurisdiction and capacity to protect a player’s rights. Professor John Ruggie, the architect of the United Nations Guiding Principles on Business and Human Rights (UNGPs), noted this in his April 2016 report to the Fédération Internationale de Football Association (FIFA) where it was stated “if an arbitration system is going to deal effectively with human rights-related complaints, it needs certain procedural and substantive protections to be able to deliver on that promise.”5 VIII. The cost involved in advancing grievances through OGMs are often prohibitively high for a player and not matched with transparent and effectively resourced legal aid mechanisms.

IX. This policy sets out the key principles that must be embedded to ensure a player’s substantive and procedural rights are protected, respected and fulfilled in global sport.

5. Grievance mechanisms assume various formats:6 a) state-based judicial mechanisms, including national courts and labour tribunals; b) non-state judicial mechanisms, such as the European Court of Human Rights; c) state-based non-judicial mechanisms, for example, national human rights institutions and national contact points under the OECD Guidelines for Multinational Enterprises;7 and d) non-state non-judicial mechanisms, including grievance mechanisms built on processes of negotiation, mediation, adjudication and arbitration. OGMs in sport can be an example of such mechanisms. 6. In accordance with principle 30 of the UNGPs, sport must ensure that an applicable grievance mechanism is available to a player as his or her circumstances may require. 7. This is especially true for promoting access to state-based judicial mechanisms (including civil court and tribunals) which must form the foundation of a wider system of remedy.8 In this respect, Article 22 of the FIFA Regulations on the Status and Transfer of Players is an illustrative example, where it provides that grievance resolution through FIFA’s Dispute

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Resolution Chamber is “without prejudice to the right of any player or club to seek redress before a civil court for employment-related disputes.”9

1. SGBs have a duty to ensure that the eight “effective remedy” criteria of principle 31 of the UNGPs is adhered to within its grievance mechanisms:10 a) legitimate: grievance mechanisms must be sufficiently independent in their governance and administration to enable trust from stakeholder groups; b) accessible: grievance mechanisms must be widely known and available to a player. A player must be afforded the opportunity to present their case, and procedural fees must not be a barrier to access. The provision of legal aid must be available in appropriate cases; c) predictable: this includes adherence to case management timetables and issuing decisions within a reasonable time without unnecessary delay; d) equitable: a player should have access to the same evidentiary information and legal precedents that SGBs seek to rely, including the right to representation by competent counsel, and assistance to redress geographic and linguistic barriers; e) transparent: information regarding key governance and financial matters affecting the operation of a grievance mechanism must be available and known; f) rights-compatible: grievance mechanisms must have the necessary human rights expertise and procedures embedded in their operation to enable protection of a player’s substantive rights. This will include training arbitrators on human rights related matters; and g) a source of continuous learning: grievance mechanisms must undergo ongoing assessment and reflection of its activities to ensure a player’s rights are protected. 2. All grievance mechanism must be responsive to the needs of classes of players who are at heightened risk of vulnerability of marginalisation and face additional barriers to access.11 For example this will include children, or players in countries with particular geographic, language or cultural barriers.

1. Additional requirements are necessary for OGMs that must be built on the principle of “consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances.”’12 This is necessary to maintain their ongoing legitimacy.13

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2. The outcome of dialogue and stakeholder engagement in many sports has delivered OGMs that include robust processes of: a) conferral and mediation aimed at the expeditious resolution of disputes; b) defined case management timeframes in relation to the conduct of disputes, and the notification of decisions; c) entitlement to legal representation; d) equal say in the appointment of arbitrators who have the capacity to oversee disputes, and their ultimate selection in presiding over the matter in hand;14 e) procedural safeguards in relation to the conduct of proceedings, and exchange of evidentiary information and legal precedents; and f) agreement on the choice and application of governing rules and law 3. These processes are typically exemplified in OGMs that are a product of collective bargaining, which is a means to embed stakeholder engagement and dialogue.

1. Legal aid is an essential component of a player’s fair trial and effective remedy rights. In the absence of effective legal aid systems, a player may validly terminate his or her arbitration agreements.15 2. Despite its importance, the governance and administration of SGB’s legal aid systems lack transparency. Even where a framework exists in theory for the provision of information,16 practically details are limited regarding the resourcing of legal aid and the selection of counsel. 3. Concerns also arise regarding the accessibility of legal aid for a player and its utility as a means of protecting his or her rights given the complex legal and evidential circumstances of many sport related disputes. 4. To ensure the provision of effective legal aid, SGBs must design and implement systems that meet the criteria in Table 1.17

Legal aid must be available to a player with regard to: • The importance of what is at stake • The complexity of the proceedings • Capacity to represent him or herself

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Legal aid systems must be widely known and available to a player, and accessible at all stages of proceedings, particularly noting the importance and legal complexity of many investigative procedures. A player must have access to an appropriate selection of counsel with regard to subject matter expertise, and language and cultural considerations. Legal aid systems must effectively advance a player’s best interests. This includes consistency of representation across the legal process; and the provision of adequate time for counsel, who’s often acting pro-bono, to prepare and present a defence. Reasons must be granted where requests for legal aid are rejected, and they should be reviewable. Legal aid systems must be adequately resourced and funded to ensure their effective operation. Information must be publicly available on budgeting, the range of counsel available, and the particulars of grant requests made and refused.

It is essential that the provision of legal aid is made independently, and free from conflict of interest where the grantor may have an interest in the outcome by way of an award of damages, or other relief, against it.

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CAS Court of Arbitration for Sport CBA Collective Bargaining Agreement CEAFDAW Convention on the Elimination of All Forms of Discrimination Against Women, 1981 CECMSC Council of Europe Convention on the Manipulation of Sports Competitions, 2014 CFREU Charter of Fundamental Rights of the European Union, 2012 CGF Commonwealth Games Federation CSHR Centre for Sport and Human Rights ECHR European Convention on Human Rights, 1948 FIFA Fédération Internationale de Football Association FIFA RSTP FIFA Regulations for the Status and Transfer of Players HCC Host City Contract IBHR International Bill of Human Rights ICCPR International Covenant on Civil and Political Rights, 1966 ICESCR International Covenant on Economic, Social and Cultural Rights, 1966 IHRB Institute of Human Rights and Business IF International Sports Federations ILO International Labour Organization ILO C29 ILO Forced Labour Convention, 1930 (No. 29) ILO C87 ILO Freedom of Association and Protection of the Right to Organise Convention, 1949 (No. 87) ILO C95 ILO Protection of Wages Convention, 1949 (No. 95) ILO C98 ILO Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

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ILO C100 ILO Equal Remuneration Convention, 1951 (No. 100) ILO C105 ILO Abolition of Forced Labour Convention, 1957 (No. 105) ILO C155 ILO Health and Safety Convention, 1981 (No. 155) and its Protocol of 2002 ILO FD International Labour Organization Declaration on Fundamental Principles and Rights at Work and Its Follow-Up 1998 ILO R90 ILO Equal Remuneration Convention, 1951 (No. 90) ILO R198 ILO Employment Relationship Recommendation, 2006 (No. 198) IOC International Olympic Committee IOC ARRD IOC Athletes’ Rights and Responsibilities Declaration MNE Declaration ILO Tripartite Declaration on Principles Concerning Multinational Enterprises and Social Policy, 2017 NFL National Football League NGO Non-Governmental Organisation NOC National Olympic Committee NYC UNCITRAL Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 OECD Organisation for Economic Cooperation and Development OECD Guidelines OECD Guidelines for Multinational Enterprises, 2011 OGM Operational Grievance Mechanism PDA Player Development Agreement PDM Player Development Manager SGB Sports Governing Body SRA Sport and Rights Alliance TFEU Treaty on the Functioning of the European Union, 2007

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UDHR Universal Declaration of Human Rights, 1948 UDPR Universal Declaration of Player Rights, 2017 UEFA Union des associations européennes de football UN United Nations UNCITRAL United Nations Commission on International Trade Law UNCRC United Nations Convention on the Rights of the Child 1989 UNCRPD United Nations Convention of the Rights of Persons with Disabilities and its Optional Protocol 2006 UNESCO United Nations Economic, Scientific and Cultural Organization UNESCO Charter UNESCO Revised Charter on Physical Education, Physical Activity and Sport 2015 UNHROHC United Nations Human Rights Office of the High Commissioner UNICEF United Nations Children’s Fund UNGPs United Nations Guiding Principles on Business and Human Rights VET Vocational Education and Training Vienna Declaration Vienna Declaration and Programme of Action, 1993 WADA World Anti-Doping Agency WADA Code World Anti-Doping Code WHO World Health Organization World Players World Players Association, UNI Global Union

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Schwab, B. “Celebrate Humanity.” Reconciling Sport and Human Rights Through Athlete

Activism, 28-2 JOURNAL OF LEGAL ASPECTS OF SPORT (2018), at 170 http://journals.iupui.edu/index.php/jlas/article/view/22570/22033

Schwab, B. Embedding the Human Rights of Players in World Sport, INT SPORTS LAW J (2018) https://doi.org/10.1007/s40318-018-0128-9

Schwab, B. “When We Know Better, We Do Better.” Embedding the Human Rights of Players as a Prerequisite to the Legitimacy of Lex Sportiva and Sport's Justice System, 32 MD. J. INT'L

L. 4 (2017) http://digitalcommons.law.umaryland.edu/mjil/vol32/iss1/4

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Abolition of Forced Labour Convention, 1957 (No 105)., ILO, https://www.ilo.org/dyn/normlex/en/f?p=1000:12100:0::NO::P12100_ILO_CODE:C105

Charter of Fundamental Rights of the European Union, EU, (2012), https://eur- lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT

Council of Europe Convention on the Manipulation of Sports Competitions, COE, (2014), https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/09000016801cdd7e

Convention on the Elimination of All Forms of Discrimination Against Women, UNHROHC, (1981),, https://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf

Discrimination (Employment and Occupation) Convention, 1951 (No. 111), ILO, https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_COD E:C111:NO

Employment Relationship Recommendation, 2006 (No. 198), ILO, https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT _ID:312535

Equal Remuneration Convention, 1951 (No. 100), ILO, https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_COD E:C100:NO

European Convention on Human Rights, COE, (1948), https://www.echr.coe.int/Documents/Convention_ENG.pdf

Freedom of Association and Protection of the Right to Organise Convention, 1949 (No. 87), ILO, https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT _ID:312232

Forced Labour Convention, 1930 (no. 29), ILO, https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C0 29

Guiding Principles on Business and Human Rights, UNHROHC, (2011), https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf

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ILO Declaration on Fundamental Principles and Rights at Work and Its Follow-Up, (1998), ILO, https://www.ilo.org/declaration/info/publications/WCMS_467653/lang--en/index.html

The International Bill of Human Rights, UNHROHC, (1948 – 1989), https://www.ohchr.org/documents/publications/compilation1.1en.pdf

International Charter on Physical Education, Physical Activity and Sport, UNESCO, (2015), http://unesdoc.unesco.org/images/0023/002354/235409e.pdf

International Covenant on Civil and Political Rights, UNHROHC, (1966), https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-english.pdf

International Covenant on Economic, Social and Cultural Rights, UNHROHC (1966), https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx

Minimum Age Convention, 1973 (no. 138), ILO, https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_COD E:C138:NO

Right to Organise and Collective Bargaining Convention, 1949 (no. 98), ILO, https://www.ilo.org/dyn/normlex/en/f?p=1000:12100:0::no::P12100_Ilo_Code:C098.

Treaty on the Functioning of the European Union, EU, (2007) https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex%3A12012E%2FTXT

United Nations Convention on the Rights of the Child, UNHROHC, (1989), https://www.ohchr.org/en/professionalinterest/pages/crc.aspx

United Nations Convention of the Rights of Persons with Disabilities and its Optional Protocol, UNHROHC, (2006), https://www.un.org/development/desa/disabilities/convention-on-the- rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html

Universal Declaration of Human Rights, UNHROHC, (1948), https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf

Vienna Declaration and Programme of Action, UNHROHC, (1993), https://www.ohchr.org/en/professionalinterest/pages/vienna.aspx

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Yogyakarta Principles Plus 10: Additional Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics to Complement the Yogyakarta Principles, (10 Nov. 2017), http://yogyakartaprinciples.org/wp-content/uploads/2017/11/A5_yogyakartaWEB-2.pdf

Worst Forms of Child Labour Convention, 1999 (no. 182), ILO, https://www.ilo.org/global/standards/introduction-to-international-labour- standards/conventions-and-recommendations/lang--en/index.html

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Code of Sports-Related Arbitration, CAS (1 Jan. 2019) https://www.tas- cas.org/fileadmin/user_upload/Code_2019__en_.pdf

Athletes’ Rights and Responsibilities Declaration, IOC (9 Oct. 2018), https://d2g8uwgn11fzhj.cloudfront.net/wp-content/uploads/2018/10/09134729/Athletes-Rights- and-Responsibilities- Declaration_2018.10.07.pdf?utm_source=hootsuite&utm_medium=social&utm_campaign=ent ourage

FIFA Activity Update on Human Rights, May 2017, FIFA (May 2017), https://resources.fifa.com/mm/document/affederation/footballgovernance/02/89/33/21/activityu pdate_humanrights_may2017_neutral.pdf

FIFA Human Rights Policy May 2017 Edition, FIFA (May 2017), http://resources.fifa.com/mm/document/affederation/footballgovernance/02/89/33/12/fifashuma nrightspolicy_neutral.pdf

FIFA Regulations for the Status and Transfer of Players, FIFA (1 Jun. 2018) https://resources.fifa.com/image/upload/regulations-on-the-status-and-transfer-of- players.pdf?cloudid=adi1292xtnibmwrqnimy

FIFA Statutes, FIFA (13 Jun. 2018), https://resources.fifa.com/image/upload/the-fifa-statutes- 2018.pdf?cloudid=whhncbdzio03cuhmwfxa

IOC Gender Equality Review Project, IOC (Mar. 2018) https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/News/2018/03/IOC- Gender-Equality-Report-March-2018.pdf

Olympic Charter, IOC (9 Oct. 2018), https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/General/EN-Olympic- Charter.pdf

Ruggie, J. For the Game. For the World, at 26 HARVARD UNIVERSITY (2016), https://www.hks.harvard.edu/centers/mrcbg/programs/cri/research/reports/report68

World Anti-Doping Code, WADA (2015), https://www.wada-ama.org/en/what-we-do/the-code

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1 Refer Policy / Statement / Resolution 5. 2 Refer Policy / Statement / Resolution 7. 3 Refer Policy / Statement / Resolution 8.

4 The three-part goal of World Players embraces all athletes as well as players in professional team sports, and this Platform is to be interpreted accordingly.

5 INSTITUTE OF HUMAN RIGHTS AND BUSINESS [IHRB], Striving for Excellence: Mega-Sporting Events and Human Rights, Occasional Paper Series: Paper No. 2 (Oct. 2012), p. 2.

6 Voice, WORLD PLAYERS ASSOCIATION. http://www.uniglobalunion.org/sectors/uni-world- athletes/voice

1 UNESCO Charter, Articles 1.1 and 10.5; UDHR, Article 23, and ILO C100, ,Articles 1 and 2, and ILO R90. 2 UDHR, Article 23.1. 3 UNESCO Charter, Article 3.

1 UNICEF, “Protecting Children from Violence in Sport: a Review with a Focused on Industrialized Countries”, UNICEF, Jul. 2010, p. vii. 2 Play the Game (Denmark), “Children’s Rights are Still Widely Organised in Sport,” 12 Feb. 2015, http://www.playthegame.org/news/news-articles/2015/0011_children-s-rights-are-still-widely- ignored-in-sport/ 3 Alexander, Kate, Stafford, Anne and Lewis, Ruth, “The Experience of Children Participating in Organised Sport in the UK,” Child Protection Research Centre, The University of Edinburgh / NSPCC, Oct. 2011, p. 8. 4 Table presented by Ms Tine Vertommen during the meeting of the Good Governance Expert Group of the European Commission on 12 May 2016, a synthesis from studies in various countries: Volkwein et al, 1996, USA / Kirby and Greaves, 1996, CAN / Leahy et al, 2002, AUS / Fasting et al, 2003, NO / Fasting et al, 2011, NO, GRE, CZ / Alexander et al, 2011, UK/ Vertommen et al, 2016, NL and BE. 5 FIFPro (The Netherlands), “2016 FIFPro Global Employment Report,” p. 26, https://www.fifpro.org/news/2016-global-professional-football-players-survey/en/

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6 UNCRC. 7 UNICEF Children’s Rights and Business Principles 2012 http://www.unesco.org/new/en/social-and- human-sciences/themes/physical-education-and-sport/sport-charter 8 UNESCO Charter. 9 UNGPs, Principle 12, pp. 13 – 14.

1 Refer ‘Duty of Care in Sport: Independent Report to Government’, Baroness Tanni Grey-Thompson DBE, DL, Apr. 2017, page 4, https://www.sportresolutions.co.uk/uploads/related- documents/Duty_of_Care_Review_-_April_2017__2.pdf 2 Benjamin O. Alli, ‘Fundamental Principles of Occupational Health and Safety’, Second Edition, International Labour Organisation, Geneva, 2008, pages 20 and 22. 3 Refer Policy / Statement / Resolution 5. 4 UNGPs. 5 Refer Policy / Statement / Resolution 5, paragraph 2. 6 Refer Policy / Statement / Resolution 3. 7 Refer also to part VI(H) (Working Environment). 8 Refer Policy / Statement / Resolution 6. 9 UNCRC. 10 Refer Attachment 4 – ‘Player Development Manager – Job Description’

1 UDHR, Preamble. 2 See, for example, p. 7 of the report of the meeting “Human Rights and Mega Sporting Events” co- hosted by the Institute of Human Rights and Business, Wilton Park and the Government of Switzerland in Glion, Switzerland from 18 – 20 Nov. 2015 https://www.ihrb.org/uploads/meeting- reports/2016-1-12_Wilton_Park_Conference_on_MSEs_and_Human_Rights.pdf 3 UNGPs, Principle 12, p. 13 – 14. 4 UNESCO Charter, Article 3 including Articles 3.1 and 3.2. 5 UNGPs “Protect, Respect and Remedy” Framework. 6 UNGPs, Principle 11, p.13. 7 See, for example, UNGPs, Principle 6, p. 8 and p.11. 8 UDHR, Preamble and Article 26.2. ICESCR, including Article 13. 9 ILO FD, including ILO C87 and ILO C98. CFREU, Article 28. UNGPs, including Principle 11, p. 13, which states that the corporate “responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations, and does not diminish those obligations. And it exists over and above compliance with national laws and regulations protecting human rights.”

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10 Article 28 of the UDHR, which provides that, “Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.” 11 See, for example, Annan, Kofi, “United Nations Convention Against Corruption,” forward, p. (iii) in which the author when writing as UN Secretary General stated that, “Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights…” https://www.unodc.org/documents/brussels/UN_Convention_Against_Corruption.pdf 12 UNESCO Charter, including the Preamble and Article 10. UDHR, Article 27.1. ICESCR, Article 15.1(a). 13 CECMSC, Article 7.2(c). 14 UNESCO Charter, including the Preamble and Article 1.1. 15 UDHR, Article 23.1. ICESCR, Article 6.1. 16 UNESCO Charter, Article 1.6. ICESCR, Article 7(c). 17 UDHR, Article 2. Also see, for example, Article 1.4 of the UNESCO Charter in relation to women and girls. 18 UDHR, Article 2. ICCPR, Article 26. UNCRPD Article 5. 19 ICCPR, Article 24.1. Also refer to the UNCRC in its entirety, as well as the Preamble and Article 9.2 of the UNESCO Charter which identifies the problem of the excessive training of children. ICESCR, Article 10.3. 20 UNESCO Charter, Preamble, Article 9.2 and Article 10.5. UDHR, Article 23.1. ICESCR, Article 6.1. ICCPR, Article 8.3(a). ILO FD, including ILO C29 and ILO C105. Note C29, Article 2.1 and the definition of the term “forced or compulsory labour” which the ILO regards as including the threatening of workers with severe deprivations such as the withholding of wages and the restriction of peoples’ movements (see, for example, p. 23 of the ILO’s policy guide on the ILO FD at http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_0 95895.pdf ). 21 UDHR, Articles 13 and 23.1. ICCPR, Article 12. TFEU, Article 45.1. 22 ILO FD, ILO C87 and ILO C98. ICCPR, Article 22. 23 UDHR, Article 24.4. ICESCR, Article 8.1 (which also refers to the right of trade unions to form and join national and international trade union organizations). ILO FD including ILO C87 and ILO C98. ICCPR, Article 22. 24 ILO FD, Preamble, which states that “in seeking to maintain the link between social progress and economic growth, the guarantee of fundamental principles and rights at work is of particular significance in that it enables the persons concerned to claim freely and on the basis of equality of opportunity their fair share of the wealth which they have helped to generate, and to achieve fully their human potential…” (emphasis added). 25 UDHR, Articles 23.1, 23.3 and 24. ICESCR, Articles 7(a)(i) and (d). ILO C95. ILO R198. 26 UDHR, Article 23.2. ICESCR, Article 7(a)(i). 27 UDHR, Articles 23.1, 23.3 and 23.4. ICCPR, Article 25(a).

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28 ILO FD, including ILO C29, ILO C87, ILO C98 and ILO C105. UDHR Articles 23.1 and 23.3. ICESCR, Articles 6.1, 7 and 8. 29 ICESCR, Article 12. ILO C155. UNESCO Charter, Article 10.5. 30 ILO C155. ICESCR, Article 12 including Articles 12.2(b),(c) and (d). UNESCO Charter, including the Preamble and Article 10. 31 ILO C155. UNESCO Charter, including Article 10.5. UDHR, Article 3. ICCPR, Articles 7 (in particular, the second sentence) and 9. 32 UNESCO Charter. UDHR, Articles 22, 26.1 and 26.2. ICESCR, Articles 6.2 and 13. 33 UDHR, Articles 3 and 12. ICCPR, Article 17. CFREU, Articles 7 and 8. 34 UDHR, Articles 12, 17 and 27.2. ICCPR, Article 17. 35 UDHR, Articles 18, 19 and 20. ICCPR, Articles 19 and 21. 36 UDHR, Articles 6 and 7. ICCPR, Articles 14, 16 and 26. 37 UDHR, Article 10. ICCPR, Article 14. CFREU, Articles 47 and 48. 38 UNGPs. NYC. UDHR, Articles 8 and 11.1. ICCPR, Article 14. CFREU, Article 47. 39 UDHR, Article 29.1.

1 The three-part goal of World Players embraces all athletes as well as players in professional team sports, and this policy is to be interpreted accordingly. 2 UDHR, Article 20.1, ICESCR, Articles 8 and 22, ILO FD, ILO C87 and ILO C98. 3 Schwab, B. “Celebrate Humanity.”

4 Olympic Charter, , p. 15. 5 Vaitiekunas, A. (2014), The Court of Arbitration for Sport: Law Making and the Question of

Independence, STÄMPFLI VERLAG, p. 49. 6 Mitten, M and Opie, H., “Sports Law”: Implications for the Development of International,

Comparative, and National Law and Global Dispute Resolution, 85 TUL. L. REV. 269 (2010), p. 274. 7 Duval, A., The FIFA Regulations on the Status and Transfer of Players: Trans-national Law Making in the Shadow of Bosman, Asser Research Paper 2016-06, p. 4, ASSER INSTITUTE, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2760263 8 James, M. and Osborn, G., The Olympics, Transnational Law and Legal Transplants: The International Olympic Committee, Ambush Marketing and Ticket Touting, Legal Studies, Vol. 36 No.

1 2016, THE SOCIETY OF LEGAL SCHOLARS, 93 – 110, p. 94 (emphasis added). 9 UNGPs. 10 OECD Guidelines. 11 MNE Declaration. 12 UNGPs, p. 13. 13 IBHR, pp. 1 – 41. 14 ILO FD. 15 UNGPs, pp. 13 – 14. 16 UNCRC.

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17 UDHR, Article 24.4; ICCPR, Article 22; ICESCR, Article 8.1; ILO FD; ILO C87; ILO C98. 18 Vienna Declaration, pp. 2 – 3. 19 Refer Policy / Statement / Resolution 5. 20 Refer Policy / Statement / Resolution 8. 21 Refer Policy / Statement / Resolution 7. 22 Olympic Charter, p. 11. 23 FIFA Statutes, Articles 15(c) and 23(c). 24 FIFA Statutes, Article 3, and FIFA Human Rights Policy, paragraph 5, p. 7. 25 FIFA Activity Update on Human Rights, p. 2. 26 FIFA Activity Update on Human Rights, p. 16. 27 IOC ARRD.

28 INSIDE THE GAMES, Bach calls on NOCs to work with Governments to defend European sports model from "serious threat" of commercial enterprises (9 Nov. 2018) https://www.insidethegames.biz/articles/1072030/bach-calls-on-nocs-to-work-with-governments-to- defend-european-sports-model-from-serious-threat-of-commercial-enterprises 29 See, for example, FIFA RSTP, Article 22. 30 Schwab, B. “When We Know Better, We Do Better.”, p. 44.

31 Quinn, P Sponsoring Corruption, 32 MD. J. INT'L L. 221 (2017), p. 226 http://digitalcommons.law.umaryland.edu/mjil/vol32/iss1/9 32 Backer, L Economic Globalization and the Rise of Efficient Systems of Global Private Lawmaking: Wal-Mart as Global Legislator, 39(4) UNIVERSITY OF CONNECTICUT LAW REVIEW (2007), p. 31 – 32. 33 Id., p. 32 (emphasis added).

1 World Players Association became an inaugural member of the CSHR Advisory Council at the launch of the Centre in June 2018 in Geneva: refer Schwab, B., ‘A trusted partner in sport and human rights’, (26 Jun. 2018), https://www.uniglobalunion.org/fr/node/39381

1 The three-part goal of World Players embraces all athletes as well as players in professional team sports, and this policy is to be interpreted accordingly. 2 Schwab, B. “Celebrate Humanity.”

3 N.Y. TIMES, Acceptance by Example, on the Field and at Home (23 Mar. 3), https://www.nytimes.com/2013/03/24/sports/football/scott-fujita-acceptance-by-example-in-locker- room-and-at-home.html

4 POLITICO MAGAZINE, The Arc of History Bends a Knee Toward Kaepernick (27 May 2018) https://www.politico.com/magazine/story/2018/05/27/nfl-national-anthem-protest-colin-kaepernick- trump-administration-218546

5 Olympic Charter, P. 11.

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6 Schwab, B. “Celebrate Humanity.. 7 Refer Policy / Statement / Resolution 5. 8 Refer Policy / Statement / Resolution 8. 9 Refer Policy / Statement / Resolution 7. 10 CNN, Tommie Smith and John Carlos Join 2016 Olympic Team at the White House, (29 Sep 2016) https://edition.cnn.com/2016/09/29/sport/tommie-smith-john-carlos-us-olympic-team-white- house/index.html 11 A.B.C., A Sport’s Body that Embraces Politics? Welcome to the Commonwealth Games Federation (14 Apr. 2018), http://www.abc.net.au/news/2018-04-08/a-sports-body-that-embraces-politics3f- welcome-to-the-commonwe/9630966

12 Goldblatt, D. (2016). The Games. A Global History of the Olympics. W. W. NORTON & COMPANY,

INC., p. 437. 13 Olympic Charter, paragraph 7, p. 12. 14 IOC ARRD. 15 Ruggie, J. For the Game. For the World, p. 26. 16 UDHR, Article 19; ICCPR, Article 19. 17 Lindholm, J From Carlos to Kaepernick and Beyond: Athletes’ Right to Freedom of Expression,

INT SPORTS LAW J (2017) 17: 1 – 3, at 2

18 INSIDE THE GAMES, Bach INSISTS Political Neutrality the Secret Behind North Korean Involvement at Pyeongchang 2018 (20 Mar. 2018) https://www.insidethegames.biz/articles/1062914/bach-insists- political-neutrality-the-secret-behind-north-korean-involvement-at-pyeongchang-2018 19 ICCPR, Article 19.3. 20 Eastham v Newcastle United Football Club [1964] Ch 413, at 438. 21 Snyder, B. (2006). A Well-Paid Slave. Curt Flood’s Fight for Free Agency in Professional Sports,

VIKING, pp. 67 – 68. 22 Schwab, B. “When We Know Better, We Do Better.” See also generally, Eastham v Newcastle United Football Club [1964] Ch 413; Buckley v. Tutty (1971) 125 CLR 353; Flood v. Kuhn, 407 U.S. 258 (1972); Robertson v. National Basketball Association 389 F.Supp. 867 (1975); John Mackey et al., v. National Football League et al., 543 F.2d 606 (1976); Greig and others v. Insole and others: World Series Cricket Pty. Ltd. v. same. [1978] 1 W.L.R. 302; McNeil v. National Football League 790 F.Supp. 871 (1992); Adamson v. New South Wales Rugby League Limited [1991] FCA 425 and Case C-415/93, Union Royale Belge Des Societes de Football Association and Others v. Bosman and Others, 1995 E.C.R. I-4921. 23 UDHR, Article 23.1; ICCPR, Article 6.1. 24 ICCPR, Article 3(a) and 3(b). 25 ILO, Decent Work. http://www.ilo.org/global/topics/decent-work/lang--en/index.htm

26 The Development of the Universal Declaration of Player Rights, WORLD PLAYERS ASSOCIATION (14 Dec. 2017) https://www.uniglobalunion.org/sites/default/files/imce/udpr_development_14_dec_17_v2.pdf

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27 Schwab, B. “When We Know Better,” pp. 30 – 32, and Dabscheck, B. Forming Teams of their Own: the Dramatic Emergence of Player Associations Across the Globe (26 Jan. 2017),

LAWINSPORT, https://www.lawinsport.com/articles/item/forming-teams-of-their-own-the- dramaticemergence-of-player-associations-across-the-globe 28 Adapted from Forming Teams of their Own, id. Figure 1 excludes 17 unions where the official establishment date is unknown and associations of independent contractors (e.g. Professional Golfers’ Associations). 29 Id.

30 King, B.J. (1982). The Autobiography of Billie Jean King. GRANADA PUBLISHING, at 188.

31 THE GUARDIAN, How Women in Tennis Achieved Equal Pay (11 Sep. 2015) https://www.theguardian.com/sport/2015/sep/11/how-women-in-tennis-achieved-equal-pay-us- open 32 Schwab B. “Celebrate Humanity.” 33 IOC Gender Equality Review Project. 34 Id., p. 21. 35 UDHR, Article 23.2; ICESCR, Article 7(a)(i). 36 CEAFDAW. 37 CEAFDAW. 38 CEAFDAW, Article 11(d) (emphasis added). 39 ILO C 100. 40 World Players, Humanity. http://www.uniglobalunion.org/sectors/world-players/humanity 41 See, generally, Schwab B. “When We Know Better”, pp. 11 – 15. 42 CSHR, Launch of the Centre for Sport and Human Rights (26 Jun. 2018), https://www.sporthumanrights.org/en/news/launch-of-the-centre-for-sport-and-human-rights 43 CSHR, Diverse Coalition Commits to Establishing Centre for Sport and Human Rights in 2018 (30 Nov. 2017), https://www.sporthumanrights.org/en/news/diverse-coalition-commits-to-establishing- centre-for-sport-human-rights-in- 44 CSHR, Overview - Mission https://www.sporthumanrights.org/en/about/overview 45 Id. 46 CSHR, Who We Are – Advisory Council https://www.sporthumanrights.org/en/about/who-we-are 47 CSHR, Sporting Chance Principles https://www.sporthumanrights.org/en/about/principles 48 Id., at paragraph 4. 49 Id., at paragraph 5. 50 Id., at paragraph 6. 51 Id., at paragraph 9.

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1 The Working Group comprises members of the professional staff of World Players’ affiliates. They are representative of all the world’s major team sports and have significant expertise in collectively bargaining anti-doping matters. 2 WADA, 2021 WADA Code Review https://www.wada-ama.org/en/what-we-do/the-WADA Code/2021-WADA Code-review 3 WADA, Minutes of the WADA Executive Committee (16 May 2018) https://www.wada- ama.org/sites/default/files/resources/files/minutes_executive_committee_meeting_16_may_2018.p df 4 M Hyde, ‘Let us simplify this for Sir Craig Reedie: Wada is not doing its job’, The Guardian, 31 Oct. 2018 https://www.theguardian.com/sport/2018/oct/31/sir-craig-reedie-wada-president-russia- reinstated 5 WADA v FIFA and Guerrero, 2018/A/5571 6 European Commission, CASE AT.40208 -International Skating Union’s Eligibility rules (2017) 7 See inter alia NFL Policy and Program on Substances of Abuse; NHL – NHLPA Substance Abuse and Behavioural Program, NBA-NBPA 2017 – 2024 Collective Bargaining Agreement, Article XXXIII, Major League Baseball’s Joint Drug Prevention and Treatment Program, (2016) Article 4A-B 8 WADA Code (2015), ‘Introduction, p.17 9 See variously NFL Policy and Program on Substances of Abuse; NHL – NHLPA Substance Abuse and Behavioural Program; NBA-NBPA 2017 – 2024 Collective Bargaining Agreement, Article XXXIII; Major League Baseball’s Joint Drug Prevention and Treatment Program, (2016); NHL – NHLPA 2013 – 2022, Article 47

1 S Ingle, ‘Fancy Bears hack again with attack on senior anti-doping officials’, THE GUARDIAN, 26 Nov. 2016 https://www.theguardian.com/sport/2016/nov/25/fancy-bears-hack-again-with-attack-on- senior-anti-doping-officials 2 UDPR, Article 11. 3 UNI Global Union, Top 10 Principles for Workers’ Data Privacy and Protection, (2017) http://www.thefutureworldofwork.org/media/35421/uni_workers_data_protection.pdf 4 Schwab, C. ‘Sport Betting & Athletes’, Keynote address to the National Council of Legislators From Gaming States, 20 July 2018 https://www.youtube.com/watch?v=hdaZ-pnFiOI 5 UDHR, Articles 3 and 12; ICCPR, Article 17; CFREU, Articles 7 and 8; ECHR, Article 8 6 UNGPs, Principle 26, p. 28.

1 The three-part goal of World Players embraces all athletes as well as players in professional team sports, and this policy is to be interpreted accordingly.

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2 KPMG, The Business of Sports, (Sept, 2016) https://assets.kpmg.com/content/dam/kpmg/in/pdf/2016/09/the-business-of-sports.pdf, 8 3 ICESCR. 4 ILO, Decent Work Agenda http://www.ilo.org/global/topics/decent-work/lang--en/index.html 5 ILO R198. 6 Refer, for example, to paragraph III(1)(b) of this Policy. 7 Refer Attachment 1. 8 ILO FD, p 1. 9 Refer Attachment 2. 10 European Parliament, Report on an integrated approach to Sport Policy: good governance, accessibility and integrity (2016/2143(INI)), (2016), para 32 11 See Case of Vanessa Sahinovic BvWG W145 2128879-1, 10.03.2017. 12 ILO R198. 13 Refer Policy / Statement / Resolution 16. 14 UNGPs, Principle 26, p. 28.

15 B Dabscheck, ‘An in depth analysis of 2017 Australian Cricket Pay Dispute’, LAWINSPORT, 18 Aug. 2017 https://www.lawinsport.com/articles/item/an-in-depth-analysis-of-the-2017-australian-cricket- pay-dispute 16 S Chalkley – Roden, ‘Cricket Australia reaches pay deal with players' association after bitter standoff’, ABC News, 3 Aug. 2017 http://www.abc.net.au/news/2017-08-03/cricket-australia- reaches-pay-deal-with-players/8765040 17 ‘AFL's revenue-sharing deal draws envious looks from NRL and cricket players’, The Guardian, 21 Jun. 2017 https://www.theguardian.com/sport/2017/jun/21/afls-revenue-sharing-deal-draws- envious-looks-from-nrl-and-cricket-players

1 The three-part goal of World Players embraces all athletes as well as players in professional team sports, and this policy is to be interpreted accordingly. 2 UNGPs, commentary to Principle 29, pp. 31 – 32. 3CAS Code, s 4. 4 Duval A. “The ‘Victory’ of the Court of Arbitration for Sport at the European Court of Human Rights:

The End of the Beginning for the CAS,” ASSER INTERNATIONAL SPORTS LAW JOURNAL, 10 Oct. 2018, ‘http://www.asser.nl/SportsLaw/Blog/post/the-victory-of-the-court-of-arbitration-for-sport-at-the- european-court-of-human-rights-the-end-of-the-beginning-for-the-cas 5 Ruggie, J. “For the Game. For the World.” 6 Remediation, Grievance Mechanisms and the Corporate Responsibility to Respect Human Rights,

SHIFT PROJECT pp 14 – 17, (5 May 2014) https://www.shiftproject.org/media/resources/docs/Shift_remediationUNGPs_2014.pdf 7 OECD Guidelines. 8 UNGPs, Principle 25, p 27.

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9 FIFA RSTP, Article 22. 10 Also see - Council of Europe, Recommendation on Ensuring the Independence of Hearing Panels (bodies) and Promoting Fair Trial in Anti-Doping Cases, 20 Feb. 2017 11 UNGPs, commentary to Principle 25, pp. 27 – 28. 12 UNGPs, Principle 31(h), p. 34. 13 UNGPs, Principle 31, p. 35. 14 Circular no. 1010, FIFA (20 Dec. 2005) http://goldengate- law.com/pdf/fifa_circular/fifa_circular_1010.pdf 15 A Riggozi & F Robert-Tissot, ‘Consent in Sports Arbitration: its multiple aspects’, in E Geisinger & E Trabaldo (ed) – de Mestral, Sports Arbitration: A Coach for Other Players? (2015), Swiss Arbitration Association, pp 74 – 75. 16 Court of Arbitration for Sport, Legal Aid Guidelines, (2013), Article 18. 17 These criteria have been adapted from the guidance in European Court of Human Rights, Guide on Article 6 of the European Convention on Human Rights: right to a fair trial - civil limb, 31 Aug. 2018, pp. 28 – 29; and Council of Europe, Handbook on European Law Relating to Access to Justice, January 2016, pp. 57 – 73.

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