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Consultation Draft: Mapping Remedy Mechanisms

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Consultation Draft: Mapping Remedy Mechanisms Centre for Sport and Human Rights Draft for consultation Mapping Remedy Mechanisms for Sports-Related Human Rights Grievances NOTE: This draft paper, prepared in December 2018, has been shared for consultation only and is not for citation or dissemination. Comments on this draft will be welcomed until 31 January 2019 to: • [email protected]; and • [email protected] DRAFT Mapping Remedy Mechanisms for Sports-Related Human Rights Grievances TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................... 2 SUMMARY ................................................................................................... 3 1. THE MEANING OF EFFECTIVE REMEDIES IN THE SPORT AND HUMAN RIGHTS CONTEXT ....................................................................... 5 2. EXAMPLES OF ADVERSE HUMAN RIGHTS IMPACTS ..................... 7 3. THE STRENGTHS AND CHALLENGES OF EXISTING MECHANISMS IN THE WORLD OF SPORTS ..................................................................... 9 4. LESSONS TO BE LEARNED FROM ADDITIONAL (NON-SPORT) MECHANISMS ........................................................................................... 10 5. KEY QUESTIONS ............................................................................... 25 INTRODUCTION ........................................................................................ 29 1. THE COURT OF ARBITRATION FOR SPORT (CAS) ........................ 30 2. THE PERMANENT COURT OF ARBITRATION (PCA) ...................... 36 3. ARBITRATION UNDER THE ACCORD ON FIRE AND BUILDING SAFETY IN BANGLADESH (BA) ............................................................... 40 4. SPECIFIC INSTANCE MECHANISM AT NATIONAL CONTACT POINTS (NCPS) ........................................................................................ 43 5. DISPUTE SETTLEMENT IN THE DUTCH AGREEMENT ON SUSTAINABLE GARMENT AND TEXTILE ............................................... 48 6. COMPLAINT MECHANISM OF THE INTERNATIONAL CODE OF CONDUCT ASSOCIATION ........................................................................ 52 7. THE FAIR LABOUR ASSOCIATION’S THIRD PARTY COMPLAINT PROCEDURE ............................................................................................ 55 8. REMEDY MECHANISMS OF NATIONAL HUMAN RIGHTS INSTITUTIONS .......................................................................................... 58 9. REMEDY MECHANISMS OF THE WORLD BANK ............................ 60 9A. INDIVIDUAL COMPLAINTS BEFORE THE WB’S INSPECTION PANEL ................................................................................................................... 60 9B. CAO OMBUDSMAN ......................................................................... 62 10. FIFA ................................................................................................... 65 11. FIFA’S COMPLAINT MECHANISM FOR HUMAN RIGHTS DEFENDERS AND MEDIA REPRESENTATIVES .................................... 69 12. IOC ..................................................................................................... 72 13. IPC ..................................................................................................... 75 14. UEFA ................................................................................................. 79 15. LONDON 2012 COMPLAINT AND DISPUTE RESOLUTION MECHANISM (CDRM) ............................................................................... 85 16. ACAS SERVICES FOR THE 2012 OLYMPIC AND PARALYMPIC GAMES ...................................................................................................... 88 17. ATHLETE OMBUDSMAN OFFICE OF THE USOC .......................... 93 18. U.S. CENTER FOR SAFESPORT ..................................................... 94 www.sporthumanrights.org Page 2 of 97 www.ihrb.org DRAFT Mapping Remedy Mechanisms for Sports-Related Human Rights Grievances SUMMARY Launched in June 2018, the Centre for Sport and Human Rights is founded on the premise that through harnessing the power of sport and acting collectively there is potential to deliver concrete positive impacts for those affected by sport and beyond sport. The Centre works towards a world of sport that fully respects human rights by sharing knowledge, building capacity, and strengthening the accountability of all actors through collective action and promotion of the Sporting Chance Principles. Core to the Centre’s mandate is increasing accountability throughout the world of sport. This includes supporting efforts, which ensure that victims of human rights abuses linked to sport have access to effective remedy. On 15 October 2018, the Centre hosted a “Strategic Dialogue on Remedy in the Sport and Human Rights Context” in The Hague, bringing together key experts and practitioners focused on identifying practical, effective, and creative recommendations toward supporting all actors to ensure access to effective remedies for sports-related human rights abuses (see: “Meeting Report: Remedy, Sport and Human Rights”). An initial draft of this paper was provided as pre-reading for participants, providing an overview of the main discussion questions in relation to effective remedy mechanisms in the sport and human rights context. This paper provides concrete examples and features of remedy mechanisms in the broader business and human rights world. It builds on previous work set out in the Mega-Sporting Events Platform for Human Rights publication “Sporting Chance White Paper 2.4: Remedy Mechanisms for Human Rights in the Sports Context” (White Paper 2.4) which identified strengths and challenges of various means of access to remedy across the world of sport. The paper also looks at additional remedy mechanisms that are relevant in that context. The focus is on state-based and operational-level remedy mechanisms, excluding courts of law, identifying key features of these mechanisms and essential points of consideration when assessing and creating remedy mechanisms for those adversely impacted by sport related activities and actors. For the purpose of this paper, remedy is understood in accordance with the UN Guiding Principles on Business and Human Rights (UNGPs), as a process for restoring those that have been harmed to the situation before the harm occurred or making good any harm by means of compensation should restoration not be possible.1 Examples of remedies range from apologies, 1 See commentary to UNGP 25, available at https://www.ohchr.org/Documents/Publications/ GuidingPrinciplesBusinessHR_EN.pdf www.sporthumanrights.org Page 3 of 97 www.ihrb.org DRAFT Mapping Remedy Mechanisms for Sports-Related Human Rights Grievances restitution, rehabilitation, financial or non-financial compensation, to punitive sanctions and injunctions or guarantees of non-repetition.2 The main challenges of remedying sports-related human rights harms are: • Ensuring that effective mechanisms are in place; • Addressing gaps in access to existing mechanisms; and • Strengthening human rights capacity and rights-compliance of existing mechanisms. To address these challenges, the following critical considerations have been identified: 1. What efforts are needed for the creation, where appropriate, of new remedy mechanisms within the sport and human rights context based on lessons learned from other mechanisms? 2. What efforts are needed for the adaptation of existing mechanisms to improve their effectiveness based on lessons learned from other mechanisms, and how should any initiatives aimed at the creation of new mechanisms on the one hand and the adaptation of existing mechanisms on the other be appropriately considered? 3. What efforts are needed from sports bodies and other relevant institutions to: • Develop a regulatory environment that allows existing and newly created mechanisms to function effectively? • Develop policies so that all affected parties have access to rights-compliant and effective mechanisms? 4. How can the spectrum of existing mechanisms be most effectively utilised? What steps might potentially assist in encouraging complementarity between existing mechanisms, and what may be needed to supplement such mechanisms while ensuring that the operations of multiple mechanisms do not hamper the functioning of any specific mechanism? 2 Ibid. www.sporthumanrights.org Page 4 of 97 www.ihrb.org DRAFT Mapping Remedy Mechanisms for Sports-Related Human Rights Grievances 1. THE MEANING OF EFFECTIVE REMEDIES IN THE SPORT AND HUMAN RIGHTS CONTEXT Sport-related human rights issues occur on the local, regional, and global level, both on and off the field, before, during, and after competitions and matches, as well as close to and far away from sport-event venues. Adverse human rights impacts associated with sport can range from discrimination and racism, to exploitation, displacement, and impacts linked to corruption. These can affect players and athletes including child athletes, as well as communities, families and individuals attending or living in and around countries that host sport events. Every affected party has the right to effective remedy, as enshrined in a number of regional and international human rights treaties. 3 Furthermore, the responsibility to provide effective remedy is stipulated in the UNGPs, as well as the Sporting Chance Principles, to which several major international sports organisations (ISOs) have committed to work towards fulfilling.4 UNGP 30 states that: “Industry, multi-stakeholder and other collaborative
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