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If I, being a mother of two, can win a medal, so can you all. Take me as an example and don`t give up.

- Mary Kom

TEAM PLAWYERED

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Editorial Board

Gaurav Misra , Publishing Editor , Plawyered

He is currently pursuing B.A. LL.B. (Hons.) from Chanakya National Law University, Patna. A voracious reader and an ardent Arsenal supporter, Plawyered is his way of bringing his love for law and sports on one . single platform.

Tejaswini Ranjan, Managing Editor, Plawyered

She is currently pursuing B.A. LL.B. from Chanakya National Law University, Patna. She is a sports enthusiast and a big fan of cricket. It is

her love for sports that made her come up with this portal. Apart from this, she also holds the Authors experience of working with several legal portals

Vishal Kumar Singh is a BALLB student at Central University of Bihar. He has participated in a lot of MUNs and Debates and invests his time in co- curricular activities. He is also a recipient of Yes Bank Fellowship.

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Content Editors

Vishakha Srivastava is currently pursuing B.A. L.L.B. (Hons.) from Chanakya National Law University, Patna. She is an avid reader and has a special corner for

fiction. She is also a Student Editor at CNLU Law Journal.

Ashutosh Kashyap is currently pursuing B.A. LL.B.(Hons.) from Chanakya National Law University, Patna. He is a keen reader and an enthusiast orator. His love for poems can be reflected through his blog.

*The views expressed in the articles are solely the views of the respective authors.

**The copyright of the magazine vests with www.plawyered.com . All communications are to be made at [email protected].

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#1 VISHAL KUMAR SINGH INTERVIEWED MR. CHIRANJEEVI SUMAN (Team Manager Of The Tchoukball Association Of Bihar)

-VISHAL KUMAR SINGH

We are proud to bring before you the interview of the young Team manager of the Tchoukball Association of Bihar, Mr. Chiranjeevi Suman. Vishal Kumar Singh interviewed Mr. Chiranjeevi Suman for Plawyered. This interview is an honest attempt of the Plawyered to investigate the real scenario of sports in Bihar.

Chiranjeevi Suman Vishal with Chiranjeevi

Tell us about yourself?

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I am a student of B.A. LL.B. (H.) from School of Law and Governance, Central University of South Bihar. Currently I am in second year of study. I am also the Team Manager of Tchoukball Association of Bihar.

How do you associate yourself with the sports?

Like every child I used to play cricket during my childhood days. Then I also played Vollyball for quite few time. I have represented my school in various sports events such as atheletics. So, basically I have been a sports enthusiast since childhood.

Tell us something about Tchoukball?

Tchoukball is basically a Scottish game. There are seven players in each team. The ground for Tchoukball is in the form of a courtyard of 27 meters * 16 meters. There are two corners, at each corner there is a frame similar to the goalpost of soccer. But the difference is that each team can score goal in either goalpost(frame). Players cannot touch each other during the game, if he/she does so, it will be treated as fault.

What are your views on Condition of sports in Bihar?

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The condition of sports in Bihar is very bad. The government in Bihar is not taking any step in this regard with the sports field. There is no scope for any sports in Bihar. The talents from Bihar either migrate to other states or leave the sports field.

What is Status of Tchoukball in Bihar?

This a quite new game in Bihar. How can we expect the condition of Tchoukball to be good when the condition of a gameeven like cricket is not good here. But we are in process to get our association registered. Till now we have been sending our teams in Men’s and women’s category to various national championship and tournaments. Once, we are registered we will be able to hold such events in Bihar for the Sub- Junior, Junior and Senior category.

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What do you expect from Government?

We are currently in the process of registration with the government. We wish recognition for the Tchoukball association. We also feel that government of Bihar should work for the betterment of the stadiums and sports grounds in Bihar. Also, there is need for appreciation for sports at the local levels. We expect support from Government in organizing national and international sports eventsin future in Bihar.

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Who is your favorite sports person?

Yuvraj Singh

What is your message to the youngsters?

The youngsters need to work hard if they are thinking about sports seriously. There should be a fine balance between sports and studies. If they believe they want to play and they can do better in this field they should definitely listen to their hearts and try their level best to achieve success in their efforts.

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#2 CAS UPDATES

Image Courtesy : Playthegame.org

THE APPEAL FILED BY ARIJAN player Arijan Ademi and the Union of ADEMI IS PARTIALLY UPHELD European Football Associations BY THE COURT OF (UEFA) concerning the decision issued ARBITRATION FOR SPORT by the UEFA Appeals Body dated 12 (CAS) – PERIOD OF May 2016 in which the player was INELIGIBILITY REDUCED found to have committed an anti- FROM FOUR YEARS TO TWO doping rule violation (stanozolol). The YEARS CAS Panel has reduced the player’s four-year period of ineligibility to two The Court of Arbitration for Sport years, commencing on 7 October 2015. (CAS) issued its decision in the A sample provided by Arijan Ademi arbitration procedure between the during a doping control on 16 Macedonian professional football

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September 2015 was found to contain uphold the player’s argument that the the prohibited substance stanozolol. challenged decision should be On 7 October 2015, Arijan Ademi was annulled. Instead, as the Panel found provisionally suspended. On 19 that a reduction in the period of November 2015, following a hearing ineligibility was appropriate, the into the matter, the UEFA Control, appeal was partially upheld. Ethics and Disciplinary Board issued a Consequently, a period of ineligibility decision in which Arijan Ademi was of two years, beginning on 7 October suspended from participating in any 2015, is imposed on Arijan Ademi. football-related activity for a period of four years. On 12 May 2016, the UEFA Appeals Body confirmed the UEFA THE COURT OF ARBITRATION Control, Ethics and Disciplinary FOR SPORT (CAS) CONFIRMS Board’s decision. On 27 June 2016, THE VALIDITY OF THE FIFA Arijan Ademi filed an appeal at the REGULATIONS ON THE Court of Arbitration for Sport (CAS PROHIBITION OF THIRD- which was referred to a panel of CAS PARTY OWNERSHIP (TPO) arbitrators (Mr Ken Lalo, Israel The Court of Arbitration for Sport (President), Mr Jeffrey G. Benz, USA, (CAS) issued its decision in the and Dr Hans Nater, Switzerland) who arbitration procedure between RFC held a hearing with the parties on 28 Seraing and FIFA. The dispute October 2016. The player sought the concerned two Third-Party Ownership annulment of the UEFA decision on (TPO) contracts, the first concluded in the basis that a supplement he had January 2015 and the second in July been prescribed following an injury 2015. The FIFA Disciplinary had been contaminated with the Commission concluded that the banned substance which had caused Belgian club had committed a double the adverse analytical finding. The violation of Articles 18b and 18c of the Panel found that in the special FIFA Regulations on the Status and circumstances of this case, while the Transfer of Players for having player discharged his burden of concluded contracts which allow a proving lack of intent, it could not

Page | 11 third party to acquire in the course of recruitment to three consecutive work or transfers of players the registration periods capacity to influence the independence and the policy of the club and to have entered into agreements with a third- THE COURT OF ARBITRATION party allowing the latter to be entitled FOR SPORT (CAS) ISSUES to an indemnity payable in connection DECISIONS IN THE CASES OF with the future transfer of certain STANISLAV EMELYANOV, players and to be granted rights in EKATERINA POISTOGOVA, connection with a transfer or future VLADIMIR KAZARIN AND transfer indemnity. Consequently, the ALEXEY MELNIKOV FIFA Disciplinary Commission banned The Court of Arbitration for Sport RFC Seraing from registering players (CAS) issued decisions concerning on a national and international level Russian race walker Stanislav for four consecutive registration Emelyanov, Russian middle distance periods, and imposed a fine of CHF runner Ekaterina Poistogova and 150,000. On 9 March 2016, RFC Russian athletics coaches Vladimir Seraing appealed this decision before Kazarin and Alexey Melnikov. the CAS, requesting that the CAS annul Stanislav Emelyanov, a Russian race the challenged decision on the basis walking athlete, is found to have that the FIFA regulations on TPO were committed an anti-doping rule illegal. In its decision, CAS confirmed violation pursuant to Rule 32.2(b) of the validity of articles 18b and 18c of the International Association of the FIFA Regulations on the Status Athletics Federations (IAAF) and Transfer of Players under Competition Rules (Use or Attempted European law (freedom of movement, Use by an Athlete of a Prohibited competition law and human rights) Substance or a Prohibited Method) and Swiss law. The CAS, however, and has been sanctioned with an eight- considered that the sanction imposed year period of ineligibility starting on 7 on the Belgian club was too severe and April 2017. This is his second anti- reduced the duration of the ban on doping offence. All competitive results

Page | 12 obtained by Mr. Emelyanov from 2 violation pursuant to Rule 32.2 (h) of June 2015 through the commencement the IAAF Competition Rules of his suspension period are (administration) and has been disqualified, with all the resulting sanctioned with lifetime ban starting consequences. Ekaterina Poistogova, a on 7 April 2017. All four cases were Russian middle distance runner, is separately heard directly before CAS found to have committed an anti- Panels as a single hearing pursuant to doping rule violation pursuant to Rule IAAF Rule 38.19. 32.2(b) of the IAAF Competition Rules THE COURT OF ARBITRATION (Use or Attempted Use by an Athlete of FOR SPORT (CAS) DOES NOT a Prohibited Substance or a Prohibited HAVE JURISDICTION TO HEAR Method) and has been sanctioned with THE APPEALS FILED BY SPORT a two-year period of ineligibility CLUB INTERNACIONAL starting on 24 August 2015. All competitive results obtained by Ms. The Court of Arbitration for Sport Poistogova from 21 October 2014 (CAS) issued a decision today in the through to the commencement of her appeal arbitration procedures initiated suspension of 24 August 2015 are by the Brazilian football club Sport disqualified, with all the resulting Club Internacional against Esporte consequences. Vladimir Kazarin, a Clube Vitória Da Bahia, the Russian athletics coach, training short, Confederação Brasileira de Futebol middle and long-distance runners, is (CBF), the Superior Tribunal de found to have committed anti-doping Justiça Desportiva de Futebol (STJD) rule violations pursuant to rules and the STJD General Prosecutor. CAS 32.2(f) (possession), (g) (trafficking) has no jurisdiction to hear the appeals and (h) (administration) of the IAAF from Sport Club Internacional against Competition Rules and has been Infringement Notices 425/2016 and sanctioned with lifetime ban starting 71/2016 that were issued by the STJD on 7 April 2017. Alexey Melnikov, the General Prosecutor on 19 December former senior coach of the Russian 2016. Accordingly, the arbitration national athletics team, is found to procedures before the CAS have now have committed an anti-doping rule concluded and the results table of the

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2016 Brazilian Série A championship is SETTLEMENT AGREEMENT IN unchanged. Sport Club Internacional THE CASE OF FK PARTIZAN V. filed two appeals at the CAS in January UEFA 2017 against the infringement notices The Court of Arbitration for Sport issued by the STJD General Prosecutor (CAS) has issued a consent award in in December 2016 in which the the arbitration procedure between the General Prosecutor declined to Serbian football club FK Partizan and investigate alleged anomalies in the the Union of European Football registration of Esporte Clube Vitória Associations (UEFA) relating to the Da Bahia’s player Victor Ramos. In its finding of the Adjudicatory Chamber of appeal to the CAS, SC Internacional the UEFA Club Financial Control Body sought an order from the CAS Panel (CFCB AC) that FK Partizan had for points to be deducted from Esporte breached the UEFA Club Licensing & Clube Vitória Da Bahia’s 2016 Financial Fair Play Regulations Brazilian Série A championship points (CL&FFPR). The settlement agreement in order for Sport Club Internacional reached by the parties is embodied in to finish in 16th position, above the consent award, which concludes Esporte Clube Vitória Da Bahia. The the CAS arbitration. On 13 December procedures were conducted on an 2016, the CFCB AC determined that accelerated basis in order for CAS to FK Partizan had failed to satisfy the give its decision before the start of the overdue payables requirements in the 2017 Série A championship. A hearing CL&FFPR (in particular, with regard to was held at the CAS headquarters in certain amounts owed to the Serbian Lausanne, Switzerland on 4 April 2017 tax authority). Accordingly, the CFCB during which the Panel of arbitrators AC decided to exclude the club from appointed to decide the matter decided participating in the next UEFA club to issue a preliminary decision on competition for which it would jurisdiction. otherwise qualify in the next three seasons. Following the opening of CAS proceedings, new evidence was presented which clarified FK Partizan's

Page | 14 overdue payables position with the Serbian tax authority. On this basis, the parties have agreed that the exclusion imposed by the CFCB AC shall be deemed to have been made conditional on the club's timely payment of the other overdue payables identified as at 30 September 2016. Taking into account the fact that FK Partizan has satisfied this condition, the club will be eligible to compete in future UEFA club competitions.

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#3 ARD DOCUMENTARY AND WADA

Image courtesy : http://i-k-f.net/wadarules.html

The IO Team observed all elements of participated in the Games. With only the anti-doping program at the Rio one exception, all OOC testing was 2016 Paralympic Games . This report conducted in the Paralympic Village details the IO Team’s observations and (PLV). OOC testing started from the assessment of the anti-doping program day of the opening of the PLV and delivered at the Games and the continued until the day before the recommendations of the IO Team for Closing Ceremony. The IPC should be further improvement of the anti- commended for implementing this doping program at future Games. Prior recommendation from previous IO to the Games, the IPC prepared its Test reports. The in-competition (IC) TDP Distribution Plan (TDP) based on risk covered all sports and both blood and analysis of doping in the Paralympic urine samples were collected. The IPC Sports. The out-of-competition (OOC) showed flexibility in implementing the testing plan covered nine out of the 22 IC TDP, by incorporating information sports in the Games’ program, received from the laboratory and/or including all powerlifters who the Athlete Passport Management Unit

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(APMU) and/or by other means. occasions the DCOs received favorable During the Games, sample collection comments from experienced athletes processes suffered from a number of on their manner and the way in which challenges for reasons related to the they conducted the procedures. sample collection personnel, mainly A total of 1320 tests were conducted the lack of sufficient and properly during the Games, including 777 IC trained chaperones and the inadequate and 543 OOC tests. In total 1681 planning of the daily roster for sample samples were collected: 1394 urine, collection personnel. On many 242 blood, and 45 Athlete Biological occasions, during both the IC and OOC Passport (ABP) blood samples. The period the chaperones that were analysis of these samples by the scheduled to attend missions failed to Brazilian Doping Control Laboratory report for duty or turned up late. (Laboratorio Brasileiro de Controle de Moreover, on several occasions Dopagem, LBCD)) resulted in 12 chaperones that did turn up were Adverse Analytical Findings (AAF) of entirely new to the role, had received which nine were covered by little to no training and assessment, Therapeutic Use Exemptions (TUE), and had to be trained on the day. The and three were pursued and upheld as Doping Control Officers (DCOs) in Anti-Doping Rule Violations (ADRV). general, already had experience from The IPC should be commended for its the Olympic Games. Due to the lack of anti-doping program at the Games and sufficient and properly trained particularly for implementing a chaperones, on several occasions DCOs number of good practices that could were asked to conduct athlete serve as an example to other notification and chaperoning. Despite antidoping organizations and Major the aforementioned limitations, the Event Organizations (MEOs), some of IPC managed to run an effective which are listed below for ease of doping control program. In general, reference: the sample collection process during • Communicating important facts and the Games was in line with the requirements related to the Paralympic International Standard for Testing and Investigations (ISTI) and on many

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Games with NADOs, IFs and NPCs in to gather and assess information and the lead up to the Games ; intelligence in the lead-up to the Games, to provide testing • Addressing the issue of multiple recommendations to the relevant dilute samples on a case-by-case basis International Federations (IF) and • Providing DCOs with standard National Anti-Doping Organizations statements to be recorded on the (NADO) and to inform the IPC TDP for Doping Control Forms (DCFs) the Games period. regarding the modifications to sample • The IPC should consider including collection procedures required due to more sports into its OOC testing plans an athlete’s impairment during the period of the Games. • Having an effective procedure in • The IPC should explore the option to place to address complaints received conduct OOC testing outside of the during the Games PLV (e.g. accredited and non- • The IPC should conduct and accredited training venues and hotels). document a Risk Assessment that • The IPC should adopt a policy for takes into account all possible risks of imposing consequences for the doping in the sports and disciplines National Paralympic Committee (NPC) that are part of the Paralympic Games delegations that do not provide timely program. For the IPC, it is necessary to and accurate whereabouts information complete and document such an and publicize this policy in advance of assessment to ensure that the current the Paralympic Games. program is effective. The assessment is a non-public living document to • The LOC should ensure that inform optimal testing strategies and chaperones are sufficiently trained to ensure that the anti-doping (including receiving practical training) programs implemented sufficiently and that they are assessed by the LOC address the risks identified. and/or the local NADO before working in the field. If the LOC and/or the local • The IPC should establish, in NADO are not able to conduct 6 such cooperation with the World Anti- training and assessment, DCOs or Doping Agency (WADA), a Taskforce

Page | 18 experienced chaperones should be other major events) in order to be able used to undertake this significant task. to target test effectively.

• The LOC should ensure that each • The IPC should consider providing, venue has adequate sample collection or assisting the athletes to obtain personnel to carry out the tests in independent or professional accordance with IPC’s TDP. translation during the initial meetings and of the Notice of Charge at least • The IPC should consider clarifying its during the Games. In this respect, the policy on the modifications required to IPC should consider the use of the Doping Control procedures to translators provided by the LOC accommodate athletes with a visual (and/or otherwise, including remote impairment. For athletes with very low interpretation services). visual acuity and/or no light perception DCOs should ensure that • The IPC should consider amending either the athlete’s representative or a Article 8.1.3 of the IPC Anti-Doping second member of the sample Code such that the IPC arranges for collection personnel is always present professional translation to be available during the sample collection process; at pre-hearing meetings and hearings other Athletes with a visual where requested by an athlete or where impairment should also be strongly it appears necessary at least during the encouraged to have a representative Games. Alternatively, the IPC could present during the sample collection simply do this in practice and not process. invoice the athlete without amending Article 8.1.3. If cost is an issue it may • The IPC (and other MEOs) should be an option to provide this translation request full access or actively remotely via telephone which would be collaborate with the IFs which have preferable to not having professional full access to the Anti-Doping translation at all. Administration & Management System (ADAMS) ABP haematological and • The IPC should consider creating an steroidal profile of those athletes who independent judicial committee they are not already the custodian of separate from the IPC ADC and ensure and are participating in the Games (or that the persons who sit on hearings

Page | 19 are distinct from those individuals who number of countries where have involvement in the operational contamination is known to be an issue planning/delivery of testing. and where the athletes would have resided, trained and/or competed; • The IPC should consider developing and, these cases have been treated in an online, mobile-compatible the same way as those identified education system (with completion through the Beijing Re-Analysis records kept and linked to the IPC’s Program. This unsatisfactory situation athlete database), possibly based on or related to meat contamination with using existing WADA e-learning clenbuterol has been widely programs in relevant languages, acknowledged by the anti-doping available for all Paralympic athletes community. Effectively, when the and their support personnel. circumstances of a positive case Moreover, the IPC should consider the indicate that the athlete has been in possibility to link completion of the one of the identified countries where online education to the accreditation clenbuterol meat contamination is process for participation at the Games. significant, the anti-doping community German broadcaster, ARD released an views it as unreasonable to put the article titled “Doping – Top burden of proof on the athlete, i.e. to Secret”. They focus on the prove that the meat, which he or she International Olympic Committee’s had consumed, was contaminated; in (IOC’s) Re-Analysis Program for the particular, eight years after the fact. 2008 Summer Olympic Games in However, before a case is closed on the Beijing; in particular, Results basis of low clenbuterol levels Management decisions taken in consistent with contamination, WADA relation to low levels of the prohibited recommended that investigating such substance ‘clenbuterol’. It has been things as meat intake and whether scientifically established that an there was exposure to a geographical athlete can test positive for clenbuterol area where contaminated meat is at low levels following ingestion of known to be prevalent. It is also worth contaminated meat. There have been noting that even more clenbuterol hundreds of cases – limited to a cases (in the hundreds) have been

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prosecuted and have led to sanctions livestock, including: cattle, lamb and since 2010. Pharmacological intake of swine.

clenbuterol for doping purposes does  As far back as 2011, WADA not go unpunished. Ultimately, reason issued specific warnings about this must prevail when the circumstances problem in China and Mexico, where of a positive case indicate that the the prevalence of meat contamination athlete has been in one of the by clenbuterol is known to be high. identified countries where clenbuterol  There have been numerous reported meat contamination is significant. cases in countries where ingestion of Until research provides the means to meat, originating from an animal that clearly and absolutely distinguish has received illicit administration of between contamination and clenbuterol, has resulted in low level pharmacological intake with low levels positive samples. of clenbuterol, all cases must be  Unfortunately, anti-doping managed fairly, in the interest of clean authorities have no control over sport. agricultural and food safety practices Additional Facts: in these countries, and inadvertent Clenbuterol ingestion is an ongoing issue for athletes. The matter has been raised  Clenbuterol is a prohibited substance, with public authorities; however, in classified under the category of Other most cases, it is linked with black Anabolic Agents on the Prohibited market activity in the meat List because it promotes muscle production chain. growth through anabolic properties.  Despite continuously improving  Clenbuterol is sometimes used, as a analytical methods for testing, it still performance enhancer, by athletes to remains impossible, without taking increase lean muscle mass and reduce into account other factors, to body fat. determine whether a positive sample  For many years, there have been stems from pharmacological intake of reports of clenbuterol use in some clenbuterol or unintentional ingestion countries to promote growth in through contaminated meat.

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 Under the World Anti-Doping Code working closely with sports (Code), any amount of clenbuterol is authorities in the countries concerned reported by WADA-accredited to address the root cause; and, has laboratories. dedicated significant resources to

 Pre-Beijing, athletes were warned of research studies aimed at the clenbuterol food contamination distinguishing pharmacological versus issue in China. Since then, further contamination origins of clenbuterol. information has confirmed the high This work is ongoing. prevalence in China.  It should be noted that athletes

 As it relates to the IOC’s Re-Analysis around the world are tested by Program for Beijing, it was WADA-accredited laboratories having determined that, eight years later, very low level detection for athletes could not reasonably be clenbuterol. Cases are regularly expected to recall where and what reported and sanctioned when it is they ate, which may have led to their proven that the clenbuterol is of consuming the substance. pharmacological origin. Hundreds of cases have been prosecuted since  There have been numerous, high 2010. profile, cases beyond the IOC Re- Analysis Program which have been The IOC Re-Analysis Program: 2008 managed the same way; such as, the Beijing Olympic Games

over 100 players that tested positive  The IOC Re-Analysis Program is for clenbuterol, due to contaminated carried out in accordance with Article meat, during the 2011 FIFA Under-17 6 of the Code. World Cup in Mexico.  All re-analyses from the 2008 Beijing  In fairness to all athletes, WADA’s Games were based on intelligence. approach for such cases has been  Out of the 4,800 samples taken at the consistent when the levels and the Games, 1,053 were re-analysed. circumstances of the case are  Re-analysis is always performed with compatible with meat contamination. improved analytical methods, in order  Since the issue of meat contamination to possibly detect prohibited was first exposed, WADA has been substances that could not be

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identified by the analysis performed there were common factors between at the time of Games. the cases that could suggest whether it

 In April 2016, in connection with the was more likely to be doping or meat IOC’s re-analysis of stored urine contamination. samples from the 2008 Games, the  In May 2016, after having reviewed Lausanne laboratory found a few the pattern analyses data provided by cases of low levels of clenbuterol, the IOC, WADA confirmed that they from a number of countries and could not find any significant and sports. consistent pattern of abuse of

 As the Results Management clenbuterol in these cases and that, Authority, the IOC reported these therefore, it would not be reasonable Provisional Analytical Findings to pursue these cases and ask the (PAFs) to WADA in April 2016. athlete to prove that it was the result of meat contamination, in particular  All of the values were below 1ng/ml eight years after the fact. and therefore in the range of potential meat contamination cases.  The IOC informed WADA that the findings would be used for targeting  Before drawing conclusions, WADA purposes, i.e. all concerned athletes advised the IOC to conduct pattern that competed at the 2016 Olympic analyses on the cases and to report Games in Rio were targeted for re- back. In other words, the Agency analysis. asked that they look to see whether

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#4 DOPING CONTROL PROGRAM: LOCOG & UKAD WITH IOC

Image courtesy : http://www.northkoreatimes.com

The doping control program the end of the Games, the IOC had authorized by the IOC and executed by conducted 5132 tests across 132 LOCOG and UKAD was of a high nationalities, having tested more than quality. For the 2012 London Olympic 30% of all participating athletes at the Games, the IOC implemented the most London Games. The program was extensive testing program ever seen at conducted in compliance with the IOC an Olympic Games with a record Anti-Doping Rules which were deemed number of tests carried out. The Test to be fully compliant with the World Distribution Plan (TDP) included a Anti-Doping Code prior to the Games. total of 5064 tests (4118 urine samples Test Distribution Planning (TDP) and 946 blood samples). Additionally, 430 samples were to be collected in Generally speaking, choice of sample conjunction with those International types (blood and urine) as well as types Federations operating an Athlete of ‘specialized’ analysis (hGH, EPO, Biological Passport (ABP) Program. By etc) were distributed appropriately

Page | 24 across all sports and disciplines based increases to overall test numbers in on the particular doping risk of each favor of more intelligent testing as far sport and the number of participating in advance of competition as possible. athletes. Upon review of the overall Moving forward, the IOC should TDP, a reasonable amount of pre- continue to collaborate with IFs and competition testing was also allocated. National Anti-Doping Organizations The IO Team also witnessed that the (NADOs) in this respect to gain insight IOC maintained certain flexibility in its into suspect or concerning athlete plans and demonstrated a willingness behavior. Finally, given the IOC’s to adjust test plans as new intelligence positive initiative to incorporate a became available. With respect to the more intelligent approach to targeted targeted pre competition testing, the testing it may be worth considering process used to identify those athletes fewer random post-competition tests at highest risk for doping and/or those in favour of more targeted testing after athletes who may have been subject to events. less robust anti-doping programs prior Selection of Competitors (Post- to their arrival in London was Competition) comprehensive. The IOC, LOCOG and UKAD should be commended for Selection of athletes for post- reviewing all available information and competition testing at the Olympic intelligence in order to identify those Games was determined by the doping athletes that the pre competition control protocols negotiated in program should focus on. Such advance by each IF with the IOC and planning in future should also ensure LOCOG. Included and established in that where feasible at the laboratory, these protocols were the planned specialized analysis such as EPO and number of tests to be conducted, the IRMS is maximized. In developing the test distribution throughout the entire TDP for the next Olympics Games, the competition, as well as the selection IOC may also wish to consider that procedures for which athlete to test, intelligent testing goes well beyond including the draw process to only pre competition testing. It may be determine any random athlete(s) to be useful to consider limiting future tested in some sports. These

Page | 25 documented protocols were clearly alternates in the event the athlete written and all doping control station selected from the start list also management were familiar with the happens to medal and thus be selected documents and how they should be under other criteria. Finally, it is implemented. While not identical, the suggested that the IOC considers approaches agreed to by the adopting a harmonized approach to IOC/LOCOG and each IF was generally testing Olympic and World Records. consistent. On two occasions however Currently, the IOC defers to the it was observed that there was governing IF rules on this matter disagreement on procedural matters which the IO observed resulted in a between LOCOG staff and on site IF number of unanticipated tests at sport representatives despite the protocols venues. Greater harmonization across having been established and agreed to. sports would ensure certainty and All such disagreements observed were likely avoid those unanticipated tests. appropriately brought to the IOC Notification of Doping Control Medical and Anti-Doping Director’s attention and were resolved promptly. Athlete notification at all venues was The IOC might consider including in generally conducted very well with the protocols certain clarity on chaperones providing athletes the whether the LOCOG or the IF has final necessary information about their say in such matters, and that all those rights and responsibilities without involved are made aware of such going into unnecessary detail. arrangements. Going forward the IO Chaperones showed a strong sense of Team suggests utilising start lists commitment and professionalism in rather than results lists for any random conducting their duties. They were selections. Standardizing this aspect of equipped with discrete communication athlete selections could improve the tools (radios) that facilitated at all ease with which chaperones are able to times communication with the doping locate and notify athletes when control station and its’ manager. competition results are unclear or are Indeed, it was clear at all venues that yet to be finalized. Such an approach chaperones had been instructed not to may also include the selection of interfere with post-event proceedings

Page | 26 as much as possible and to discretely instances athletes failed to ‘report’ to notify athletes of their selection for doping control at the assigned time. As doping control only following no written procedure was available for immediate athlete commitments such doping control staff in these situations, as media and to do so outside the view no consequences for failing to appear of spectators and media. Whilst the seemed to be enforced by the IOC or respect for athletes in this process was relevant IF. To this end, the IO commendable and doping control did recommends that advance notice ABP not unduly interfere with other testing only be carried out in very matters, the importance of prompt specific situations and upon the notifications is to be highlighted. request of the IF’s passport expert. Another new initiative at these Games Conducting tests with advance notice was the introduction of the Athlete opens the door to possible Biological Passport program whereby manipulation of the sample provided, blood tests were taken and results were and is not consistent with the reviewed by the appointed experts of International Standard for Testing each relevant sport federation. In this (IST). Finally, as these ABP samples way, the results from blood tests were treated as a distinct test from the authorized by the IOC both pre and overall TDP, there were instances post-competition could be reviewed when an athlete may have been tested within a broader context of the twice; once for the traditional blood athlete’s existing blood profile that the and urine doping control, and another IF maintained, and be used for for the ABP (to confirm number from potential target testing. The process by ADAMS here). While in some cases which athletes were notified of their two separate tests may well be selection for such tests can be warranted, it might be more practical improved however. Given that the IOC to combine the ABP with the deferred to the relevant IFs the traditional test, provided the ABP was responsibility to notify athletes of not conducted with advance notice. these tests, athletes were obliged to Therapeutic Use Exemption report for testing at a particular time Procedure (TUE) and place. It was observed that in some

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As part of its Anti-Doping Rules for the highlighted by one laboratory finding Games of London 2012, the IOC where it was found that an athlete in required that athletes with a fact had a legitimate TUE negating the documented medical condition finding although the IOC had not been requiring the use of a Prohibited advised earlier. Given that the IOC and Substance or a Prohibited Method the TUEC in particular can only accept must first have obtained a TUE. The and review those TUEs that come to IOC Medical Commission appointed a their attention, it seems some committee (TUEC) of three physicians improvement is still required in order during the Games with experience in to fully administrate a clear and the care and treatment of Athletes and exhaustive TUE process. with a sound knowledge of clinical, Sample Collection Procedures sports and exercise medicine to assess existing TUEs that athletes already Coherence and consistency in had, and to consider new requests. 5 sampling between stations and venues Correspondence from the IOC at the Olympic Games is of paramount indicates that they informed all importance in order to foster athlete National Olympic Committees (NOCs) confidence in the system. Overall, the on several occasions of their sampling procedures were very well responsibility regarding this implemented at these Games. The requirement including well before the consistent and thorough planning, Games themselves. Information was training and management of all communicated at a meeting of Chef de personnel involved would appear to Missions held in London in August have contributed to this success. 2011, via correspondence to NOCs in Doping Control Station Managers in early 2012, and again at a meeting of particular were knowledgeable with NOC team physicians held on 27 July respect to anti-doping procedures and 2012 at the Athlete Village itself. the sports at hand which proved Despite this, it would appear that equally important in ensuring many athletes either did not advise the appropriate logistical arrangements IOC or their NOC of their TUE given around the various nuances of many the low volume of submissions and sport competitions. Another successful

Page | 28 aspect of the LOCOG doping control gravity for analysis. Annex G.10 of the program was the recruitment and IOC Anti-Doping Rules suggests that deployment of Doping Control Officers ‘given the logistical nature of the from more than 50 countries. In Games,’ the IOC limits collection of addition to the skills and experience additional samples to just one these DCOs brought to the program, additional sample. It is the opinion of they also added value with language the IO, that this provides a legitimate skills that may not otherwise have opportunity for athletes to affect the been available and these DCOs were suitability of their sample for analysis sensibly scheduled at venues where by over-hydrating. Although the IO their language skills were more likely Team understands some discretion to be utilised. As has been the case in and pragmatism may be required due other past editions of the Games, in the to logistical issues such as post event event there was a communication issue transportation etc, it suggests that with an Athlete in doping control, limiting collection to just two samples interpreters were made available in should be the exception to the rule and most cases at the venue. When they all efforts should be made to collect a were not available however, valid sample prior to terminating a interpretation services were also doping control session. This would aid available by telephone with each in mitigating possible manipulation. processing room equipped with a Transport and Chain of Custody speaker phone and numbers for direct of Samples numbers to many languages available. IO Team observations suggested this Chain of custody is an important part was a successful tool to enhance of the doping control process. The doping control service. One specific movements of the samples must be aspect of IOC and LOCOG process that tracked and every transfer of custody warrants consideration regards the recorded. During the Olympic Games, procedure for collecting additional the time between leaving the Doping samples once it has been determined Control Station to arriving at the that the first sample does not meet the laboratory 6 needs to be as brief as requirement for suitable specific possible. Timely receipt of samples

Page | 29 provides for expedient reporting of suggest that this schedule was not results by the laboratory. To this end, strictly adhered to, however at no time the chain of custody process in London was the quality and accuracy of the including the transfer of samples to the analysis observed as being affected by laboratory appears to have been well deviations to this plan. That said, at thought out and every step planned times, it did make it challenging for the thoroughly. Following the collection of laboratory to schedule analysis in the all samples at any particular event, most efficient way possible. Finally, the doping control venue managers IO Team was aware of one media completed all required chain of report questioning the security of the custody forms after reviewing samples at the Hub. However, based paperwork for accuracy, and ensuring on the information obtained, as well as that all tests had been recorded in after visiting the Hub and observing ADAMS for immediate reporting to the the processes, the IO Team believes IOC. Next, courier waybills were that the samples were secure at all affixed to the side of all transport bags times and the integrity of the samples and all necessary information was was never compromised. recorded on the Chain of Custody Sample Analysis at the Form. All samples and paperwork were Laboratory then picked up by a dedicated courier (UPS was the Games Service Provider) The Laboratory Anti-Doping testing and centralized at one logistics depot services were provided by a state-of- (the ‘Hub’) where they were then the-art satellite laboratory (Anti- redirected to the laboratory or doping Doping Science Centre, control command centre as GlaxoSmithKline (GSK), located in appropriate. The laboratory requested Harlow, UK, approximately 60 delivery of samples every four hours or minutes north of central London) whenever there were 16 samples at the accredited to the requirements of the Hub. This request was based on International Standard for ensuring the laboratory could operate Laboratories (ISL) by WADA and the in the most efficient and effective way requirements of ISO/IEC 17025 via the possible. IO Team observations United Kingdom Accreditation Service

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(UKAS). The laboratory was verify, register and distribute the established by the WADA-accredited samples for the various analyses. The Laboratory Drug Control Centre King's analytical procedures and resulting College London, UK and with the data were observed at various times in notable support of GlaxoSmithKline order to review the laboratory’s Inc. The laboratory was equipped with analysis in various prohibited drug the most advanced instrumentation classes. The analysts displayed a high available and the necessary level of experience and competence complementary equipment, supplies, and the resulting data demonstrated a reagents and standards. The satellite high level of quality. IRMS testing was laboratory became fully functional in conducted to differentiate between the April 2012 and had successfully endogenous and exogenous nature of participated in multiple rounds of the target steroids and the method WADA External Quality Assessment included multiple target steroid Scheme (EQAS) and WADA double analytes thereby increasing the blind EQAS during that time. The IO likelihood that the application of an Team was given the full cooperation of exogenous steroid would be detected. the staff and access to all laboratory Extensive testing was conducted on operations and documentation. A blood samples including blood member of the IO Team was present variables (haemoglobin, haemotocrit across various times of the day and and reticulocytes), blood transfusion, night during the Games to provide a HBOCs, recombinant Growth view of the oratory operations at all Hormone and the hGH biomarkers test hours; thus allowing for each facet of which was introduced for the first the oratory activities to be observed. time. All findings were electronically The oratory procedures began upon uploaded into ADAMS (Anti-Doping receipt of urine and blood samples Administration and Management from the couriers who did not have System) on a daily basis so that results access to the laboratory’s restricted from the initial testing and administrative and analytical areas. confirmation procedures (of both Once samples arrived, the laboratory blood and urine) could be provided to staff immediately began the process to the IOC promptly and to IF passport

Page | 31 experts when appropriate. This positive involvement and support of allowed seamless and simultaneous GSK was evident in assisting the notification of results to the IOC as laboratory to establish a state of the art well as the IO team for Adverse facility and this type of relationship Analytical Findings (AAF) and should be further explored for future negative results. Whilst deviation from Games. established procedures had no Results Management Process detrimental impact on operations, going forward, the laboratory and Including all Hearings Results doping control officials may wish to management at the Games included meet pre-Games to confirm agreed the identification of adverse analytical realistic sample delivery schedule that findings (AAF) by the laboratory, the is clear to all involved so as not to communication of these findings to the jeopardize laboratory efficiency. Chairman of the IOC Medical Additionally, the laboratory should Commission, the verification of the continue to establish satellite facilities validity of possible anti-doping rule well ahead of the Games and the time violations, the communication to the frame should take into account the IOC President of the existence of increasing number of samples and analytical findings, the establishment tests expected for the Games. The of a disciplinary commission, the advance planning by all those involved notification of the possible anti-doping with the satellite laboratory in London rule violation, the hearings, and the clearly had a positive impact on the final communication of all decisions. success of laboratory operations at the The process would be similar for other Games. This will also allow the types of anti-doping rule violations, maximum number of opportunities to although during the London Games participate in (urine and blood) WADA the IO Team only observed the results EQAS and double blind EQAS management process for AAFs. During programs in order to provide the IO’s time in London, there were confidence in the preparations of a eight AAFs in the context of the laboratory, particularly in the case of London 2012 Olympic Games. Five temporary facilities. Finally, the hearings were held as a consequence of

Page | 32 these findings. In the remaining three cases the Athlete waived his/her right to a hearing. A representative from the IO Team was present at all hearings and it was evident that the IOC conducted a thorough review of each case. All hearings were managed in such a way that protected the athlete’s right to a fair process. The process was efficient and the questioning nonconfrontational and appropriate at all times. The Disciplinary Commission Chair took the time to put the athlete at ease throughout the proceedings. Interpretation services were offered and utilized when needed. All procedural facts and evidence were reviewed and taken into account. Medical expertise was available at all hearings. When relevant, a provisional suspension was rendered promptly. Finally, the IOC is to be applauded for its prompt public disclosure of decisions following all hearing and determinations.

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#5 WADA REMOVES BRAZIL FROM THE WORLD ANTI-DOPING CODE NON-COMPLIANT LIST

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Following a circular vote of its As stipulated in Article 23.5.5 of the Foundation Board, the World Anti- Code, WADA will now report the Doping Agency (WADA) today removal of the NADO of Brazil from removed the National Anti-Doping the list of non-compliant organizations Organization (NADO) of Brazil from to the Sports Movement and the the list of signatories previously United Nations Educational, Scientific deemed non-compliant with the 2015 and Cultural Organization (UNESCO). World Anti-Doping Code (the Code). WADA continues to work with the last The Brazilian authorities have remaining non-compliant signatory successfully adopted procedural rules (the Russian Anti-Doping Agency – in line with the Code in order to RUSADA) to address its outstanding regulate the activity of its newly issues. established Disciplinary Tribunal.

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YEMEN RATIFIES UNESCO governing anti-doping in sport and ANTI-DOPING CONVENTION public legislation. Under UNESCO standards, the Convention has set The World Anti-Doping Agency records in terms of the speed with (WADA) is pleased to announce that which it was prepared, adopted and the Republic of Yemen (Yemen) has ratified. become the 185th State Party to ratify the UNESCO International Convention against Doping in Sport (UNESCO WADA DISCUSSES KEY Convention). PRIORITIES WITH “I am delighted that Yemen has INTERNATIONAL become the latest State Party to FEDERATIONS AT commit to clean sport through its SPORTACCORD CONVENTION ratification of the UNESCO This week, the World Anti-Doping Convention,” said WADA President, Agency (WADA) took an active role at Sir Craig Reedie. “With this the 2017 SportAccord Convention in ratification, 99% of the world has now Aarhus, Denmark. A number of pledged its support to clean sport and Agency representatives were on hand vowed to ensure that the UNESCO to discuss the current anti-doping Convention is implemented and context with International Federations practiced effectively in their respective (IFs); and, discuss the way forward countries.” Reedie added. together that will strengthen the global The UNESCO Convention, which was fight for Clean Sport. adopted on 19 October 2005, is the The WADA President, Sir Craig practical instrument by which Reedie, was invited to address the governments formalize their general assemblies and annual commitment to the fight against meetings of the umbrella organizations doping. The Convention allows -- Summer Olympic IFs (ASOIF), governments to align their domestic Winter Olympic IFs (AIOWF), policies with the World Anti-Doping International Olympic Committee Code, thus harmonizing the rules

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(IOC)-recognized IFs (ARISF); in edition of the ARISF-WADA Anti- addition to, the Alliance of Doping Coaching & Training Session. Independent Recognized Members of This joint initiative featured a series of Sport (AIMS) and the International discussions and presentations from IF World Games Association (IWGA) -- to anti-doping practitioners, WADA emphasize the consensus reached by representatives and other experts who WADA’s Foundation Board during its focused on a variety of topics, November 2016 meeting concerning including: education, results the way forward for Clean Sport. The management, the evolution of President also outlined a number of SportAccord’s Doping Free Sport Unit, key priorities that are currently being and the IOC’s activities with regards to addressed; such as: further developing stored sample re-analysis (by Dr. a strong WADA-led compliance Denis Oswald, Chairman of the IOC Ad program; ensuring a strengthened Hoc Disciplinary Commission). investigative capacity and robust WADA STATEMENT Whistleblower Program; reviewing REGARDING ITALIAN WADA’s accredited laboratories; TRIBUNAL DECISION ON looking at WADA’s governance MICHELE FERRARI AND structure; and, funding – all with the ENTOURAGE objective to ensure that the Agency, and the broader anti-doping The World Anti-Doping Agency movement, is Fit for the Future. (WADA) is satisfied with the decision taken on 3 April by the Criminal In Aarhus, WADA’s delegation held Section of the Tribunal of Bolzano, numerous meetings with IFs, the IOC, Italy, to hand down criminal sanctions National Olympic Committees (NOCs) to three individuals implicated in and other organizations, including the doping-related crimes in the sport of Commonwealth Games Federation biathlon. WADA became a civil party (CGF). to the procedure and sought damages On 6 April, as part of the Convention, against the three individuals for their WADA and ARISF held the fourth doping practices; and, as a result, the

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Agency was awarded the amount of Italiano (CONI – the Italian National EUR 15,000 (~USD 16,000). Anti-Doping Organization), National Federations or any other CONI- In delivering its decision, the Tribunal recognized organization. found Mr. Michele Ferrari (a physician  Daniel Taschler, was handed a and trainer), Mr. Daniel Taschler (a suspended prison sentence of nine biathlete) and Mr. Gottlieb Taschler (a months and ordered to pay a fine of former coach and International EUR 3,600. Biathlon Union Vice President) guilty of doping-related crimes. Specifically, All three individuals were ordered to Michele Ferrari was determined to jointly pay WADA a sum of EUR have provided doping assistance to 15,000 for moral damages. The Daniel Taschler; Gottlieb Taschler was individuals are also collectively found guilty of recommending that his required to pay WADA EUR 9,500 for son, Daniel, use Michele Ferrari for legal expenses; and, additionally, a doping; whilst, Daniel Taschler was further 15% of the EUR 9,500 to found guilty of using doping refund general expenses. substances during the 2010-2011 biathlon season.

WADA PUBLISHES  Michele Ferrari was handed an 18- INDEPENDENT OBSERVER month suspended prison sentence TEAM REPORT FOR 2016 RIO and ordered to pay a fine of EUR

4,500; and, he is banned from PARALYMPIC GAMES working as a physician or trainer for 18 months. The World Anti-Doping Agency (WADA) published its Independent  Gottlieb Taschler was handed a Observer Team’s (IO Team’s) Report suspended prison sentence of one- concerning the anti-doping program at year; and, was ordered to pay a fine the 2016 Rio Paralympic Games. In of EUR 4,000; he is also banned for accordance with the World Anti- life from working in any capacity for Doping Code (Code), WADA is invited Comitato Olimpico Nazionale by the International Paralympic

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Committee (IPC) to send an IO Team the Paralympic Games and continue to to the Paralympic Games. protect clean athletes.

The role of the IO Team is to help WADA REINSTATES THE DOHA instill confidence in both athletes and LABORATORY the public as to the quality, The World Anti-Doping Agency effectiveness, and reliability of the (WADA) announced that, in IPC’s anti-doping program for the accordance with the International Games; to provide feedback and Standard for Laboratories (ISL), Sir suggest areas of possible “real-time” Craig Reedie, Chairman of WADA’s improvement to the program; and, to Executive Committee, has approved make recommendations within its lifting the suspension of the post-Games Report for potential accreditation of the Doping Analysis improvements to the program for Laboratory in Doha, Qatar. This future editions of the Games. reinstatement allows the Doha The IO Team monitored all aspects of Laboratory to resume all of its anti- the anti-doping program in Rio, doping activities, including all analyses including: test distribution planning; of urine and blood samples, with the selection of athletes for testing; immediate effect. athlete notification and sample The Doha Laboratory, which had its collection procedure; the Therapeutic accreditation suspended on 7 Use Exemption procedure; chain of November 2016 due to non- custody, and Results Management. conformities with the ISL, has As is the case following all IO Team successfully resolved the non- Missions, the Report includes a conformities, and has acted on all number of recommendations covering recommendations that arose from an operational and policy areas that could assessment conducted by the assist the IPC and future Local Laboratory Expert Group. As such, on Organizing Committees to further 11 April 2017, the WADA Laboratory improve the anti-doping program at Expert Group recommended that the suspension be lifted.

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Pursuant to the ISL, WADA is responsible for accrediting and re- accrediting anti-doping laboratories; thereby, ensuring that they maintain the highest quality standards. Whenever a laboratory does not meet ISL requirements, WADA may decide to suspend or revoke the laboratory’s accreditation. The high number of laboratory suspensions in 2016 and 2017 have been a direct result of the more stringent quality assessment procedures enacted by WADA to ensure laboratories maintain the highest standards.

As stipulated within the ISL, this decision to reinstate the Doha laboratory is communicated to all relevant national public authorities; national accreditation bodies; National Anti-Doping Organizations; National Olympic Committees; International Federations and the International Olympic Committee.

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#6 IOC STRENGTHENS ITS STANCE IN FAVOUR OF HUMAN RIGHTS & GENDER ISSUES

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As part of the implementation of Reiterating its commitment to Olympic Agenda 2020 integrate the results of its collaboration (Recommendation 1), IOC President with the SRA, the IOC adopted new Thomas Bach met representatives of procedures and made changes to the the Sport and Rights Alliance (SRA), Host City Contract 2024, which now which includes Transparency includes a section designed to International Germany, UNI World strengthen provisions protecting Athletes, Terre des Hommes, the human rights and countering fraud International Trade Union and corruption related to the Confederation, Amnesty International organisation of the Olympic Games. and Human Rights Watch.

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“Strengthening transparency, good  prohibit any form of discrimination governance and accountability are key with regard to a country or a person on elements of Olympic Agenda 2020. grounds of race, colour, sex, sexual Based on these principles, the IOC is orientation, language, religion, moving forward by including political or other opinion, national or provisions in the Host City Contract social origin, property, birth or other aimed specifically at protecting human status; rights and countering corruption,” said  protect and respect human rights and IOC President Thomas Bach. ensure any violation of human rights is remedied in a manner consistent with “The organisation of the Olympic international agreements, laws and Games should always promote and regulations applicable in the Host enhance the fundamental values of Country and in a manner consistent Olympism. This latest step is another with all internationally recognised reflection of the IOC’s commitment to human rights standards and embedding these values in all aspects principles, including the United of the Olympic Games.” Nations Guiding Principles on Business and Human Rights, applicable in the Host Country; “We worked closely with SRA and we  refrain from any act involving fraud or welcome its input, which is now corruption, in a manner consistent reflected in the new version of the Host with any international agreements, City Contract”, he added. laws and regulations applicable in the Host Country and all internationally- Through their candidatures, candidate recognised anti-corruption standards cities commit themselves to respect applicable in the Host Country, the Olympic Charter and the Host City including by establishing and Contract for all participants of the maintaining effective reporting and Games and all Games-related matters compliance; and are henceforth subject to the  carry out all activities foreseen under following obligations: the Host City Contract in a manner which embraces sustainable

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development and contributes to the process. The IOC Gender Equality United Nations Sustainable Review Project is a joint initiative of Development Goals; the IOC’s Women in Sport and  take all necessary measures, where Athletes’ Commissions, and aims to necessary in cooperation with Host raise continued awareness of the Country authorities and other third importance of gender equality within parties, to ensure that their activities in the Olympic Movement, share best relation to the organisation of the practices and present initiatives to Games comply with any international further advance gender equality both agreements, laws and regulations on and off the field of play. applicable in the Host Country, with regard to planning, construction, Five essential themes will be assessed: protection of the environment, health Sport; Portrayal; Funding; and safety, labour and working Governance; and Human Resources. conditions and cultural heritage. The work will be conducted by a Working Group chaired by IOC In light of Olympic Agenda 2020, the Member and President of the IOC had previously distilled over International Triathlon Union Marisol 7,000 pages of Technical Manuals into Casado, and comprising IOC Members fewer than 350 pages of contractually and NOC and Summer and Winter IF binding Host City Contract representatives. Operational Requirements, and published in September 2015 all the Lydia Nsekera, Chair of the IOC documents related to the Candidature: Women in Sport Commission, Candidature Process Olympic Games commended the partnership developed 2024, Candidature Questionnaire between her Commission and the IOC Olympic Games 2024, Host City Athletes’ Commission. She said: “We Contract Principles, and Host City welcome this cooperation and the Contract Operational Requirements. creation of this Working Group, which This was the first time that the full will give a great boost to the work of package of documentation had been the Women in Sport Commission. Our made public at the very outset of the

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Commission is looking forward to the I am confident our recommendations recommendations of the Working will make significant advancements”. Group, which will further assist us to remove the barriers that continue to Barbara Slater, Director of Sport for prevent women and girls in sport in the BBC, adds: "As a broadcaster with general and elite sport in particular.” a proud record in the coverage of women's sport, we welcome the IOC's For Angela Ruggiero, Chair of the IOC review into gender equality, and Athletes’ Commission, gender equality support the recommendation of the is a clear priority for the athletes: “The IOC’s Women in Sport and Athletes' IOC Athletes’ Commission wants Commissions for an in-depth review of gender equality to be part of the gender equality within the Olympic organisational culture within the entire Movement. The IOC is uniquely placed Olympic Movement. To achieve that, in its ability to bring together sports we have directed the Working Group to organisations from across the globe to develop action-oriented address this crucial issue." recommendations, substantiated by data and the best practices of our The Gender Equality Project Working Olympic partners. We believe the Group will develop recommendations outcome of this project will and guidelines, and report its findings fundamentally advance the position of to the IOC’s Women in Sport and women in sport, and ultimately, lead to Athletes’ Commissions, with the final a stronger Olympic Movement.” recommendations presented to the IOC Executive Board later this year. Marisol Casado, the Working Group Chair for the Project, believes “by Fostering gender equality and having the IOC, the IFs and the NOCs strengthening women’s participation working together on this project, we in and through sport is one of the key will share best practices as well as missions of the IOC. With the adoption address the obstacles facing gender of Olympic Agenda 2020 in December equality in sport to produce solutions. 2014 and as reaffirmed by the IOC

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Executive Board last December, the athletes taking part in the Olympic IOC is committed to working with its Games. stakeholders to increase the possibilities for girls and women in sport and to achieve the goal of female athletes representing 50 per cent of the

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#7 WOMEN SPORTS GOVERNANCE: GLOBAL SPORT REPORT

-TEJASWINI RANJAN

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The 2016 update on the inaugural been no real progress with regard to Women on Boards Gender Balance in the number of women on sports Global Sport Report reveals there has boards at international level and

Page | 45 variable progress within individual • Only Malawi, Australia, Bermuda, sports and at country level. Norway, New Zealand, Kiribati, Samoa and Tuvalu have 40 per cent or more • The number of women in elite women on their national Olympic governing bodies of the Olympic boards and committees. The USA has movement remains below 30 per cent. 31.3 per cent females and the UK has • Female representation on National 26.7 per cent. Olympic Committees has fallen a • In Paralympic sports, only the boards further one per cent from 17.6 to 16.6 of Table Tennis, Basketball, Curling per cent. and Bocca recorded an increase in the • Female representation on number of women on their boards. The International Sports Federations has bigger news from the 2016 report has remained static at close to 18 per cent. been the attempt to gather information The statistics vary within sports and about the gender pay gap in sport. This across countries: has proven difficult as earnings in sport are rarely, if ever, compared on a • At international level, only Tennis gendered basis and pay scales are hard recorded a significant increase in the to determine via public search. It is percentage of female board members, generally easier to find player pay rates but it was coming off a base of zero for established and well publicised percent in 2014. Taekwondo, Aquatics, sports, such as tennis and golf.1 Boxing and Wrestling all recorded a slight increase in the percentage of Other sports have earnings listed for female board members. males, but not females, while some sports do not provide earnings lists but • At country level, 20 National Olympic prize money for international Committees recorded a five per cent or competitions only. From what this greater loss in the number of women report has been able to ascertain from on their boards, while 28 improved by more than five per cent. Again many of 1 HM Government, Sporting Future: A New the top performers came off a zero Strategy for an Active Nation https://www.gov.uk/government/publications base. /sporting-future-a-new-strategy-for-an-active- nation

Page | 46 the publically available information pay equity are to be achieved within an and other sources, there is a vast acceptable timeframe.2 gender pay gap within many sports Olympic Committees : While the that is only just starting to be percentage of women in Olympic addressed as more sportswomen start sports is growing steadily, the number to take a stronger stance against this of women in governing bodies of the inequity. Even when sponsorship is Olympic movement remains excluded, countries and sports leagues stubbornly below 30 per cent. In 2014, at all levels pay women less than men Women on Boards reported the – as individuals and in teams. There International Olympic Committee are some brighter spots, such as (“IOC”) Executive Board comprised 15 athletics and tennis, however for the members, including four female most part, the long journey to pay appointments made in 2013 - the first parity has only just commenced. such appointments in the IOC’s A leading indicator of the breadth of history. In 2016 Women on Boards can the gender pay gap is often the media report that the number of women on rights deals that are done by various the IOC Executive Board remains the sports – in particular across the same at four (27 per cent). football codes and cricket. In the case OC Initiatives: In December 2014 of cricket, both the UK and Australia the IOC launched the Olympic Agenda are seeing very positive steps being 2020 setting out 40 recommendations taken at national levels to address both for the future of the Olympic the visibility of the sport and payment Movement.26 The highlights to note: of players. To a lesser extent this is also occurring within football. However, Recommendation 11 - Foster this report has once again shown that gender equality there are some major issues at large for 2 The IOC Olympic Agenda 2020, the billion dollar global sports industry https://www.olympic.org/olympic-agenda- 2020 to address in relation to governance https://stillmed.olympic.org/media/Documen t%20Library/OlympicOrg/Documents/Olympi and gender if better representation and c-Agenda-2020/Olympic-Agenda-2020-20- 20- Recommendations.pdf#_ga=1.75864597.1272 753566.1466113281

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1. The IOC to work with the 2. Organisations to be responsible International Sports Federations to for running self-evaluation on a achieve 50 per cent female regular basis. The IOC to be participation in the Olympic Games regularly informed of the results and to stimulate women’s participation of the organisations’ self- and involvement in sport by creating evaluations. In the event of more participation opportunities at the missing such information, the Olympic Games. IOC to request such an evaluation at its discretion. 2. The IOC to encourage the inclusion 3. The “PGG” to be updated of mixed-gender team events. periodically, emphasising the Recommendation 27 – Comply necessity for transparency, with basic principles of good integrity and opposition to any governance3 form of corruption.

All organisations belonging to the Recommendation 38 – Olympic Movement to accept and Implement a targeted comply with the Basic Universal recruitment process4 Principles of Good Governance of the Move from an application to a Olympic and Sports Movement (PGG) targeted recruitment process for IOC membership:

1. Such compliance to be 1. The Nominations Commission to monitored and evaluated. take a more proactive role in Supporting tools and processes identifying the right candidates to can be provided by the IOC in fill vacancies in order to best fulfil order to help organisations the mission of the IOC. become compliant with the 2. The profile of candidates to principles of good governance, if comply with a set of criteria - to be necessary. submitted by the Nominations

3 Ibid. 4 Ibid.

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Commission to the IOC Executive by women across the Board for approval -, inter alia: Olympic Executive committees. • The IOC’s needs in terms of skills and knowledge (e.g. medical The IOC reports that more women are expertise, sociological expertise, chairing commissions, such as the cultural expertise, political Coordination Commissions for the RIO expertise, business expertise, legal 2016 Games, the PyeongChang 2018 expertise, sports management Winter Games and the Winter Youth expertise, etc.) Games in 2016. The IOC’s Women and Sport Working Group is a Commission • Geographic balance, as well as a (with representatives from the IOC, maximum number of IFs and NOCs) whose main purpose is representatives from the same to advise the IOC President on policy country around increased female participation • Gender balance in sport at all levels. Through the Commission, the IOC has put in place • The existence of an athletes’ an international programme of commission within the seminars for women at all levels organisation for representatives of involved in the business of sport. The IFs/NOCs. IOC has also developed training 3. The IOC Session to be able programmes around women in sports to grant a maximum of five leadership.5 special case exceptions for The IOC is the supreme authority of individual members with the Olympic movement pulling regard to the nationality together all parts of the Olympic family criteria. It remains to be to ensure the regular celebration of the seen how these recommendations are to be 5 In January 2016 the IOC updated its implemented and what Factsheet on Women in the Olympic Movement, impact this will have on the https://stillmed.olympic.org/media/Documen t%20Library/OlympicOrg/Documents/Refere number of board seats taken nce-Documents-Factsheets/Women-in- OlympicMovement.pdf 28

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Olympic Games. The work of the IOC been 20 NOCs reduce their goes much further than the Games as it representation of women by more than partners with global organisations five percent, taking the NOCs of some across a wide range of initiatives of the top medal winning countries to spanning ethics, youth education, unacceptable levels including; discrimination, anti-doping and the People´s Republic of China (0 per promotion of women in sport. The IOC cent), France (10 per cent) and the charter on women in sport is: - “To Russian Federation (17 per cent). Of encourage and support the promotion the 15 NOCs who have increased the of women in sport at all levels and in representation of women by more than all structures with a view to 10 per cent, Turkey made the greatest implementing the principle of equality gain adding six women to their NOC of men and women.”6 board since 2014, up from 0 to 33 per cent. Top medal winning countries of It has recently paid more attention to Australia and Hungary moved to 46 addressing and mitigating gender per cent and 20 per cent respectively. equity issues in sport and there is no The Great Britain NOC remained static doubt the Olympic movement has at 27 per cent female representation. come a long way since 1900.

National Olympic Committees fail to reach targets In 2005, the IOC set the National Olympic Committees (“NOCs”) and International Sports Federations (IFs) a target of 20 per cent as the minimum proportion of women in decision making positions. They had failed to reach this target by 2014 and even more disturbingly, in 2016 have fallen a further one per cent from 17.6 to 16.6 per cent. There have

6 Olympic Charter, https://www.olympic.org/the-ioc/what-we-do

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Paralympic Committees : The Marino, Singapore, and the United International Paralympic Committee’s States of America have met or (“IPC”) Women in Sport Committee exceeded the NPC target of 30 per cent was established in 2003 to advise on female representation on their boards. gender equity and address the low Switzerland and Kazakhstan do not level of female participation. A goal have any women on the boards of their was established for at least 30 per cent NPCs, while India and Ecuador now of all officers in decision making roles both have a female on their boards. to be held by women by 2009. Thirteen This poor result is despite growing years later the IPC has three women numbers of women competing. Around out of the 14 board members (21.4 per 4,350 athletes from more than 160 cent), which represents no change countries are expected to compete in since Women on Boards first reported 526 medal events in 22 sports at the in 2014. There has been a very slight Rio Paralympic Games. Of the total decrease in the number of women on number of athletes set to take part, the the boards of National Paralympic IPC approximates 1,650 will be women Committees (NPCs) This is likely due - a 9.9 per cent increase on London to the fact that Women on Boards was 2012 and more than double the 790 not able to source data for Israel, who took part in the Atlanta 1996 Bulgaria and Norway – with the latter Games. They will compete in 224 two reporting gender balanced boards medal events, equating to 43 per cent in 2014. Belgium, Brazil, Canada, of all medal events, with athletics, Costa Rica, Ireland, Estonia, Hong cycling and swimming providing Kong, New Zealand, Romania, San additional events for women.

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International Sports Federations Federations bodies, as these all govern sports that will be contested in Rio. The International Sports Federations Analysis has found: (IFs) are non-governmental organisations recognised by the IOC as • Female representation has remained administering one or more sports at static at close to 18 per cent. world level. For the purposes of this • Nine sports have met or exceeded the report, Women on Boards has only IOC target of 20 per cent female board reported on the7 Association of members set in 2015; Archery, Summer Olympic International Athletics, Equestrian, Fencing,

7 Governance of International Sports Gymnastics, Hockey, Rowing, Sailing, Federations, available at Triathlon https://www.olympic.org/ioc-governance- international-sports-federations

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• Twelve sports remain at 10 per cent making more effort to increase the or lower female representation on their number of women on their decision governing body; Aquatics, Boxing, making bodies. As yet there has been Canoeing, Cycling, Golf, Handball, little evidence this has occurred with Judo, Pentathlon, Rugby, Shooting, the numbers still well below the 20 per Table Tennis, Weightlifting In January cent target in many IFs. 2016, the IOC reported that the IFs are

Percentage of male and female conform to the Olympic Charter.8 The board members of the IFs’ have the responsibility to manage International Sports : The national and to monitor the everyday running federations administering sports are of the world's various sports affiliated with the IFs. While disciplines, including the practical conserving their independence and organisation of events during the autonomy in the administration of Games for sports on the programme. their sports, IFs seeking IOC The IFs must also supervise the recognition must ensure that their statutes, practice and activities 8 Women in Sport, May 2016 Trophy Women? Report, https://www.womeninsport.org/wp- content/uploads/2015/04/Trophy-Women- 2014.pdf

Page | 53 development of athletes engaging in available data from 27 sports these sports at every level. Each IF associations and federations (including governs its sport at world level and the Indian Olympic Association). The ensures its promotion and IOA’s members include 38 national development. In order to discuss sports federations (NSFs).9 common problems and decide on their events calendars, the summer federations, the winter federations and the recognised federations have formed associations:

• Association of Summer Olympic International Federations (ASOIF) which has 28 members

• Association of International Olympic Winter Sports Federations (AIOWF) which has 6 members

• Association of IOC Recognised International Sports Federations (ARISF) which has 47 members The IPC recognises 14 IFs as the representatives of a Paralympic Sport. In 2016, 24 per cent of the positions on

Women constitute between 2 per cent and 8 per cent of SA governing bodies. Hockey India, with 34 per cent female representation, is the exception. This is the key findings of a new report,

Governance of Sports in India: 2016, 9 HM Government, Sporting Future: A New Strategy for an Active Nation by InGovern Research Services, an https://www.gov.uk/government/publications /sporting-future-a-new-strategy-for-an-active- advisory, which analysed publicly nation

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#8 INITITIATIVES FOR ELIMINATION OF GENDER BASED DISCRIMINATION IN SPORTS

Image courtesy : https://www.sportengland.org/

The positive outcomes of sport for and competitions specifically targeted gender equality and women’s to women. Women’s access to empowerment are constrained by positions of leadership and decision- genderbased discrimination in all making is constrained from the local areas and at all levels of sport and level to the international level. The physical activity, fuelled by continuing value placed on women’s sport is often stereotypes of women’s physical lower, resulting in inadequate abilities and social roles. Women are resources and unequal wages and frequently segregated involuntarily prizes. In the media, women’s sport is into different types of sports, events not only marginalized but also often

Page | 55 presented in a different style that young people. Sport activities and reflects and reinforces gender physical education generally make stereotypes. Violence against women, school more attractive and improve exploitation and harassment in sport attendance. are manifestations of the perceptions Goal 3: Promote gender equality and of men’s dominance, physical strength empower women. Increasing access for and power, which are traditionally women and girls to physical education portrayed in male sport. and sport helps build confidence and  Sport and the MDGs10 promotes stronger social integration. Involving girls in sport activities Goal 1: Eradicate extreme poverty and alongside boys can help overcome hunger. Providing development prejudice that often contributes to opportunities will help fight poverty. social vulnerability of women and girls. The sport industry, as well as the organization of large sporting events, Goals 4 and 5: Reduce child mortality creates opportunities for employment. and improve maternal health. Sport Sport provides life skills essential for a can be an effective means to provide productive life in society. The women with a healthy lifestyle as well opportunity to acquire such skills is as to convey important messages on a often more limited for women, making wide range of health issues. their access to sport of critical Goal 6: Combat HIV/AIDS, malaria importance. and other diseases. Sport can help Goal 2: Achieve universal primary engage otherwise difficult-to-reach education. Sport and physical populations and provide positive role education are an essential element of models delivering prevention quality education. They promote messages. The most vulnerable positive values and skills that have an populations, including women and immediate and lasting impact on girls, are highly responsive to sport- targeted programmes. Sport can also 10 Adapted from International Year of Sport and Physical Education (2005). A year of effectively assist in overcoming sports. Available from http://www.un.org/sport2005/a_year/ prejudice, stigma and discrimination. mill_goals.html

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Goal 7: Ensure environmental community institutions and support sustainability. Sport is ideal for raising the advancement of women in all areas awareness about the need to preserve of athletics and physical activity, the environment. The interdependency including coaching, training and between the regular practice of administration, and as participants at outdoor sports and the protection of the national, regional and the environment is clear. international levels. In relation to health, the Platform calls for Goal 8: Develop a global partnership Governments to create and support for development. Sport offers diverse programmes in the education system, opportunities for innovative workplace and community to make partnerships for development and can opportunities to participate in sport, be used as a tool to build and foster physical activity and recreation partnerships between developed and available to girls and women of all ages developing nations to work towards on the same basis as they are made achieving the Millennium available to men and boys. In the Development Goals. critical area of concern on power and  SPORT AND THE BEIJING decision-making, the Platform notes PLATFORM FOR ACTION11 that the underrepresentation of women in decision-making positions Under the critical area of concern on in the areas of art, culture, sport, the education, the Platform calls for media, education, religion and law Governments, educational authorities have prevented women from having a and other educational and academic significant impact on many key institutions to provide accessible institutions. In relation to the situation recreational and sport facilities and of the girl-child, the Platform calls for establish and strengthen gender- Governments and international and sensitive programmes for girls and non-governmental organizations to women of all ages in education and promote the full and equal participation of girls in extracurricular 11 United Nations (1995). Report of the Fourth World Conference on Women in Beijing, 4-15 activities, such as sport, drama and September 1995. New York (United Nations publication. Sales No. 96.IV.13) cultural activities.

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 Resolution of the Second • Urging the Commission on the International Olympic Status of Women to recognize the Committee World importance of physical activity and Conference on Women and sport to women’s and girls’ Sport12 development at all stages of their lives; The resolution, adopted in 2000, calls for a number of strategies and • Raising awareness about the actions to be taken by the importance of quality physical International Olympic Committee, education; Governments and international • Developing strategies and organizations, including the United educational material to support Nations system, such as: physical education for girls; • Meeting the 20 per cent goal of • Implementing sexual harassment women in decision-making by policies, including codes of 2005; conduct; and • Increasing scholarships and • Working with the media to ensure training for women athletes, a more accurate projection of coaches and other officials; women’s sport. • Raising awareness about the

positive influence of the Convention on the Elimination of The Brighton Declaration on All Forms of Discrimination against Women and Sport13 Women on the development of The Brighton Declaration on physical activity and sport for Women and Sport calls for: women and girls; • Equality in society and sport;

12 International Olympic Committee (2000). Resolution of the 2nd IOC World Conference on Women and Sport. Paris, France. Available from 13 International Working Group on Women http://www.olympic.org/common/asp/downl and Sport (1994). The Brighton Declaration on oad_report.asp?file=en_report_ Women and Sport. Available from 757.pdf&id=757 http://www.iwggti.org

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• Sport facilities that meet the point for peer education on needs of women; reproductive health. The organization holds discussion • An increase in the number of groups with girls after practice, women coaches, advisers and facilitated by trained peer decisionmakers in sport; educators, on topics such as • Education, training and reproductive health, HIV/AIDS, development programmes that assertiveness and decision-making. address gender equality; Raising awareness in the sport • Information and research on community about HIV/AIDS15 women and sport; In 2004, the United Nations Joint • Allocation of resources for Programme on HIV/AIDS sportswomen and women’s (UNAIDS) signed a Memorandum programmes; and of Understanding with the International Olympic Committee • Incorporation of the promotion of to combine their efforts to raise gender equality and sharing of good awareness about HIV/AIDS, practices into governmental and particularly among the sport non-governmental policies and community. Following this programmes on women and sport. initiative, an HIV-positive woman Reaching out to young women from South Africa, Musa Njoko, on reproductive health14 one of the first South African women to publicly disclose her HIV A Kenyan NGO, Moving the status, was nominated by UNAIDS Goalposts Kilifi, uses football to participate in the Olympic Torch practices and matches as an entry

14 Reaching out to young women on reproductive health A Kenyan NGO, Moving the Goalposts Kilifi, uses football practices and 15 Right to Play (2004). Harnessing the Power matches as an entry point for peer education of Sport for Development and Peace. Greece: on reproductive health. The organization holds Position Paper presented at the Athens discussion groups with girls after practice, Roundtable Forum on 14 August 2004. facilitated by trained peer educators, on topics Available from such as reproductive health, HIV/AIDS, http://www.sportanddev.org/data/ assertiveness and decision-making. document/document/15.pdf

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Relay held in Cape Town in June The “Law of Sports”, enacted by the 2004. Hungarian Parliament in December 2000, ensured equal opportunities Promoting role models in for men and women and for boys South America and the and girls to choose and participate Caribbean16 in sport, contribute to the The Women and Sport Working development of leadership in sport Group in Guyana, established and enjoy funding to execute under the Ministry of Culture, different sport programmes. It also Youth and Sports, promoted required all sporting organizations, women role models in sport during foundations, federations and Guyana’s 2001 International committees to raise the Women’s Day celebrations. They participation of women to 10 per organized a “Female Cavalcade of cent by November 2001, 20 per Sport”, which showcased females in cent by November 2002, 30 per 15 different sports with cent by November 2003 and 35 per approximately 300 athletes taking cent by November 2004. part. The Working Group also Studying attitudes towards produced a television programme women and girls in sport in of highlights of women in sport at India18 all levels. A study was carried out in rural and Sports legislation for women urban India by the Indira Gandhi in Hungary17 Institute of Physical Education and

18 Studying attitudes towards women and girls 16 International Working Group on Women in sport in India A study was carried out in and Sport (2002). Women and Sport Progress rural and urban India by the Indira Gandhi Report 1998-2002. Bonn, Germany. Available Institute of Physical Education and Sports from http:// Sciences on the attitudes of parents, teachers www.canada2002.org/e/progress/worldwide/ and coaches towards female participation in chapter3_america.htm sport. The findings indicated that policies are 17 : International Working Group on Women needed at the local level to support and protect and Sport (2002). Women and Sport Progress women’s participation in sport and, in Report 1998-2002. Bonn, Germany. Available particular, efforts are required to remove from misconceptions related to women’s http://www.canada2002.org/e/progress/worl participation in sport and the impact of sport dwide/chapter3_america. htm on women’s health.

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Sports Sciences on the attitudes of Title IX and gender equality in parents, teachers and coaches sport20 towards female participation in Title IX requires that women be sport. The findings indicated that provided an equitable opportunity policies are needed at the local level to participate in sport; that female to support and protect women’s athletes receive athletic participation in sport and, in scholarships proportional to their particular, efforts are required to participation; and that female remove misconceptions related to athletes receive equal treatment, women’s participation in sport and for example in the provision of the impact of sport on women’s equipment and supplies, health. scheduling of games and practice Maternity rights for Poland’s times, coaching, practice and sportswomen19 competitive facilities, access to tutoring, publicity and promotions, Recognizing that the overwhelming and recruitment of student majority of sportswomen athletes. Title IX has also increased abandoned further involvement in the salaries of coaches for women’s sport after giving birth to a child, teams. Poland introduced an anti- discrimination provision in the Sport as a platform to advance Qualified Sports Act in 2005. The women’s leadership in all provision ensures that spheres 21 sportswomen receive a sport stipend in the full amount for the 20 Introductory statement by Mrs. Joanna duration of their pregnancy and Kluzik-Rostkowska, UnderSecretary of State in the Ministry of Labour and Social Policy of the half the amount of the stipend for Republic of Poland to the Committee on the six months following childbirth. Elimination of Discrimination against Women, thirty-seventh session, 16 January 2007. 21 UNESCO (2006). “UNESCO and Sony Ericsson WTA Tour announce Global Partnership to Advance Gender Equality.” 19 : The National Collegiate Athletic Press release. 12 November. Available from Association. Official website. Available from http://portal.unesco.org/en/ev.php- http://www1.ncaa.org/membership/ed_outre URL_ID=35640&URL_ ach/gender_equity/ faq.html DO=DO_TOPIC&URL_SECTION=201.html

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UNESCO and the Sony Ericsson The International Olympic Women’s Tennis Association Tour Committee (IOC), in cooperation announced a landmark global with Olympic Solidarity, partnership in 2006, which marked established a programme of a new level of commitment to raise regional seminars for female awareness of gender equality issues administrators, coaches, technical and advance opportunities for officials and journalists in the women’s leadership in all spheres national and international sport of society. Activities planned movement. The International included a fund for women’s Labour Organization (ILO) has also leadership; appointment of global been active in promoting women’s “Promoters of Gender Equality”; employment in the sport sector. It mentoring, scholarship and adopted women in sport as the fellowship programmes; and the theme for its 2006 celebrations for use of UNESCO and Sony Ericsson International Women’s Day and WTA Tour events as awareness and held a panel discussion to explore fund-raising platforms. Tennis star gender equality issues in the sport Venus Williams, the first global employment sector. Promoter of Gender Equality, noted Combating harassment and that “our goal is to let women and violence against women and girls throughout the world know girls by coaches23 that there are no glass ceilings, and to do our part to support programs that provide real opportunities for Report 1998-2002. Bonn, Germany. Available women to succeed in whatever they from http:// www.canada2002.org/e/progress/ set their minds to.” worldwide/chapter3_america.htm 23 Combating harassment and violence against women and girls by coaches WomenSport Supporting women’s International encourages all sport professional development in organizations to establish codes of ethics and conduct for coaches; foster a climate of open sport22 discussion about sexual harassment and abuse; develop athlete autonomy wherever possible; incorporate the issues of sexual harassment and abuse into coach education 22 International Working Group on Women programmes; introduce reporting and and Sport (2002). Women and Sport Progress mediation systems; and adopt rigorous

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WomenSport International and actors in sport. The encourages all sport organizations recommendations include: to establish codes of ethics and • Adopting harassment-free policies conduct for coaches; foster a and procedures that are in line with climate of open discussion about international ethical and human sexual harassment and abuse; rights statutes, and that are develop athlete autonomy wherever inclusive; possible; incorporate the issues of sexual harassment and abuse into • Encouraging open debate about coach education programmes; sexual harassment, homophobia introduce reporting and mediation and exploitation of women and systems; and adopt rigorous men in sport; screening procedures for the • Embedding an equitable balance appointment of all personnel. of males and females in all roles The International Olympic and democratic leadership styles to Committee’s Executive Committee mitigate against abuses of power; adopted a consensus position • Acting as advocates of harassment statement on Sexual Harassment free sport through education and and Abuse in Sport. The statement training programmes for everyone defines the problems, identifies the involved in sport; risk factors and provides guidelines for prevention and resolution. The • Actively monitoring the objective is to improve the health effectiveness of all anti-harassment and protection of athletes through initiatives; the promotion of effective • Initiating research into men’s, preventive policy, as well as to women’s and boys’ and girls’ increase the awareness of these experiences of abuse and bullying problems among all stakeholders within sport; and

screening procedures for the appointment of all personnel.

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• Giving active representation to every level of sport athletes in decision-making at

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#9 WOMEN & SPORTS CONTRACTS: GLOBAL SPORT REPORT

Image courtesy : https://www.slideshare.net

The gender pay gap in businesses is per cent or $277.70 per week.24 In the much researched internationally and UK, the gender pay gap for all workers regularly grabs the headlines in (not just full time) is reported to be developed countries. In Australia the 19.1 percent.25 gap between the full-time earnings of 24 Workplace Gender Equality Agency, men and women is reported to be 17.3 https://www.wgea.gov.au/sites/default/files/ Gender_Pay_Gap_Factsheet.pdf 25 Office For National Statistics, http://visual.ons.gov.uk/what-is-the-gender- pay-gap/

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The four main causes: their knees and thank God that Roger 1. Discrimination, which sees women Federer and Rafael Nadal were born still paid less than men for the same because they have carried the sport.” work As Deidra Dionne from CBC Sports, 2. Unequal caring responsibilities wrote in an opinion piece on 22 March 3. A divided labour market 2016.26 “Before we start a labour 4. Men in the most senior roles discussion on the difference between the men playing five sets and the When it comes to the gender pay gap women playing three sets, or critiquing in sport it would be hard to argue that the difference in the speed of the men's all of these reasons apply aside from game versus the women's game, let's discrimination and the general public remember that men and women are acceptance that the ubiquitous gender only paid equally at Grand Slams and a pay gap in sport is an unfortunate by- select few dual-gender tournaments. It product of the increasingly commercial isn't about the women's game as nature of sport, where major media compared to the men's game. Nor is it rights and sponsorship contracts drive about the hours spent by each gender many tournament and player pay on the court. It is about two cheques. In recent years there have organizations joining resources, been encouraging signs that female including broadcast rights, tickets sales players are no longer prepared to be and sponsorship assets to generate a treated as second class citizens and larger communication footprint. It is sports administration bodies are the exclusivity and power of combining seeking to address gender pay issues. the ATP and the WTA that makes The media is also playing a part, as tennis unique. It is what raises the Raymond Moore, the former director value of the property exponentially and of the Indian Wells tennis tournament, gives tennis a platform unlike any discovered. He was forced to resign other sport.” when social media went into over-drive about his comments that female 26 Canada’s Olympic Network players “ride on the coattails of men” http://www.cbc.ca/sports/olympics/money- at-play/indian-wells-tennis-comments- and should “go down every night on money-at-play-1.3502649

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At the most elite levels of sport there is money and contractual earnings. a stark difference in earnings. In June Gender pay differences exist in all 2016, Forbes magazine recognised these components. In tennis, Grand Cristiano Ronaldo as the world’s Slams may pay the same in prize highest paid athlete with earnings money to male and female champions reported at US$56 million. Serena but the top male players consistently Williams is the highest paid female earn more in sponsorship and athlete coming in at number 40 on the endorsements. overall league table, with earnings reported at US$8.9 million. Neither Poor transparency around figure includes endorsements, yet gender pay gap in sport equates to a gender pay gap of 84 per cent from the top paid male to the Until businesses were pushed to start most highly paid female.27 In April to actively measure and report on the 2015, the BBC reported that men earn gender pay gap – in Australia it is now more prize money in 30 percent of mandatory - it was difficult to sports globally. The biggest pay ascertain how large it was and why it differences were in football, cricket occurred. Unfortunately, the gender and golf. Out of the 56 sports, 35 paid pay gap in sport is rarely measured prize money and of these, 25 paid and pay scales are hard to determine equally and 10 did not.28 Those that via public search. It is generally easier were found to pay equal prize money to find player pay rates for established included athletics, bowls, skating, and well publicised sports, such as marathons, shooting, tennis, tennis and golf. Other sports have volleyball, diving, sailing, taekwondo, earnings listed for males, but not windsurfing and some cycling events. females, while some sports do not Athletes receive income from provide earnings lists but prize money sponsorships, endorsements, prize for international competitions only. Rather than tackling direct gender pay

27 Forbes, The World’s Highest-Paid Athletes, gap issues, those that govern sport http://www.forbes.com/athletes/list/#tab:ove rall tend to focus on slowly addressing the 28 The BBC, April 2015, http://www.bbc.co.uk/newsround/29789953

Page | 67 structural issues which ultimately feed Athletics into pay issues. Athletics is one of the good news These include: stories in this report, with the • Governance – Increasing female International Amateur Athletic representation on boards and Federation (IAAF) World committees. Championships and annual Diamond • Encouraging female participation series offering financial rewards that from grassroots to elite levels. are gender blind. Female and male • Fostering better sponsorship deals. prize money is equal, if not large by comparison with other sports. The As The Guardian (Australia) noted in 2013 and 2015 IAAF Athletics World an article in September 2015 Championship offered more than “comparisons between the amounts US$7 million in prize money. that sportspeople earn is tricky, as each sport team’s agreements can Basketball encompass match fees, performance bonuses, allowances, wages, and The US fields the world’s most retainers.”29 The approach taken by prestigious male and female basketball Women on Boards has been to look at leagues – the NBL and the WNBA – salaried contracts and prize money where there is a significant gender pay across a selection of sports. gap. The NBL 2015/16 player salaries Sponsorships and other earnings are list is headed by Kobe Bryant at US not included. Where possible the pay $25 million. The salary of the 100th figure provided represents total listed male player is US$7 million and earnings and the average earnings of the average salary for the top 100 the best paid 100 or 200 sportsmen players in the men’s US National and sportswomen. Basketball League is US $12.7 million. By contrast the WNBA offers much lower levels of remuneration. The

29 How much are Australia’s male and female maximum salary that a female sports teams paid? https://www.theguardian.com/news/datablog basketball player can earn is /2015/sep/15/how-much-are-australias-male- and-female-sports-teams-paid US$105,000 and there is a team salary

Page | 68 cap of US$913,000.30 NBL players are Golf likely to become financially secure as Similar to tennis, golf has an soon as they enter the league whereas established tour for professional the most talented female players are players. In the case of golf it is the PGA very low down the rank of paid for men and LPGA for women. The athletes. The US is seeing some of its total prize money earnings of the top finest female stars head overseas. In 100 male golfers is in excess of US 2013, Brittney Griner, a top female $242 million, while the top 100 female WNBA, star was earning close to golfers share a more modest US $49 US$50,000. She moved to China and million. This equates to a gender pay earned US$600,000 for a four-month gap of close to 80 per cent, however all season.31 golfers do receive a decent living wage after deducting the expenses of Cycling touring. Relative to other high-profile global sports, cycling is not well remunerated. Tennis For example: • The ProTour has a minimum base salary of US$50,000 Generations of female tennis athletes (30 riders maximum); and • The Pro have fought hard to ensure that growth Continental has a minimum salary of in the pot of winnings goes equally to US$40,000 (25 riders maximum) In the genders and that female 2015 the winnings and bonuses for the champions are valued equally to male. top 100 male professional cyclists This sustained effort started with totalled US$10,767,960 – an average women players in the US in the 1970s of US$107,680 per cyclist. Women’s when world champion Billie Jean King cycling, while not well remunerated, is and eight other female tennis players making steady progress. decided to boycott the peak body for professional tennis, the International Lawn Tennis Association. The 30 Altius Directory, http://www.altiusdirectory.com/Sports/wnba- association had failed to organise any salaries.php 31 http://mic.com/articles/90845/how-much- tournaments for women that year, and women-s-basketball-players-make-in-the-u-s- vs-china#.cKOMYWPjz female players were receiving

Page | 69 significantly lower prize money across poorest kids can shine. The money at the sport - women's prize money the top levels is extraordinary, but averaged only a quarter of men's and, despite strong and growing in the case of the Pacific Southwest participation from women, the gender Championships that year, as little as pay gap remains. The United States one twelfth. This led to the birth of the stands out both in terms of the women only Virginia Slims series in development of the women’s game and 1971 started by the Original Nine, narrowing of the pay gap between male Americans Billie Jean King, Rosemary and female footballers. There are now Casals, Nancy Richey, Peaches powerful women in influential Bartkowicz, Kristy Pigeon, Valerie corporate positions who grew up Ziegenfuss and Julie Heldman and playing the game of football and are Australians Kerry Melville Reid and encouraging their own daughters to Judy Tegart Dalton. In 1973 Billie Jean play. These women are able to make King refused to play in the US Open both the consumer and the business unless she received equal prize money decisions that feed directly into to the men. Yet it took 37 years for grassroots funding and lucrative male and female prizemoney at a sponsorship deals. Despite this, the major ITP tournament to be equal. highest paid female football player in Wimbledon was the first tennis the world, the American Alex Morgan, association to offer this in its 2007 earns in the region of US $2.8 million tournament. Yet while the tennis battle with sponsorships and endorsements – appears to be won, there are many about the average salary for footballers smaller tournaments around the world in the entire English Premier League. that still have disparity in prize money Her base salary in 2016 was US and resistance remains as the $450,000. previously reported comments by Raymond Moore reveal. By comparison the highest paid male footballer in 2016, as noted, was Football: Cristiano Ronaldo with reported Slow progress Football is touted as the earnings in excess of US $88 million truly global game in which even the once you factor in lucrative

Page | 70 sponsorships and endorsements. In US a training camp for an upcoming tour professional football leagues, women of the US in mid-2015 over pay.16 also trail far behind men in terms of Each Matilda received AU$500 in earnings. The National Women’s match fees while male players received Soccer League has a pay ceiling per AU$7,500 for doing the same thing. player of $37,800 compared to an The tour was cancelled and a bitter average of more than $300,000 and a four-month dispute with Football median of about $100,000 for men’s Federation Australia ensued. Major League Soccer. Each team in the In November 2015 an historic NWSL has a salary cap of just agreement was signed to increase the $265,000—compared to more than $3 wages for the 20 contracted players million for men.32 US and Aussie including: female footballers battle for better pay • Increased match payments and daily Similar to the battles fought by US allowances for all players during women’s tennis stars in the 1970s, Matilda’s camps and matches. American female footballers are • An immediate increase in the starting to get militant about pay. In Matilda’s remuneration structure that April 2016 five members of the US will see the top tier Matilda’s receive women’s football team filed a federal AU$41,000 per annum (base salary), complaint against the United States with a second tier set at AU$30,000 Soccer Federation demanding equal per annum (base salary). pay.33 The women’s US national team • A 10% per annum increase in players’ earn 60 per cent less than their male remuneration that will result in the counterparts - even though they are overall investment doubling across the ranked 1st in the world against the US term. men who are ranked 30th. In Australia, the national women's England Women’s Football football team, the Matilda's, boycotted The English Premier League (EPL) is 32 4 http://finance.yahoo.com/news/poorly- female-soccer-players-paid-180339151.html the richest professional football league 33 http://www.telegraph.co.uk/women/life/top- in the world and the fourth richest us-women-footballers-are-demanding-equal- pay---and-its-in-al/ sports league behind American

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Football, Baseball and Basketball. In the women’s teams currently rely on 2014-2015, the EPL generated funding from within the clubs. As a revenues of US $4.8 billion.34 The result, it is only the top clubs that annual wages bill for the top six clubs support their women’s teams with in the EPL (Chelsea, Manchester Arsenal Football Club a stand out United, Manchester City, Arsenal, example. The Arsenal women’s team Liverpool and Tottenham) is US $964 (‘Arsenal Ladies’) are treated as an million. This covers 135 contracted equal partner with the men’s team - male players who on average earn US use the same training facilities, are $10.2 million annually in wages alone. well respected and have the full In the UK around 27 female players support of the executive. Viewers and have central contracts with salaries of fans are key to driving change For £26,000 and are able to earn around more female footballers to be better £35,000 from the Women’s Super financially compensated, club funding League. The central contracts awarded is required and a broader fan base will since 2009 are viewed as a step in the need to be generated to even start to right direction but for most female bridge the gender pay gap in female players, earnings from football football. There is a large gap to close. represent only a small proportion of In 2015, Arsenal received £1.8million what they earn elsewhere. In the latest in prize money for winning the men’s Deloitte Annual Review of Finance, FA Cup while Chelsea received £5,000 male footballers earn on average more for winning the equivalent women’s than three times in a week what a final. Despite this, fans for the female player gets paid in a year.35 women’s game are growing slowly. A record crowd in excess of 32,000 As the women’s game is not regarded went to Wembley to see the 2016 as profitable without the major Women’s FA cup final.36 Only four commercial deals the men’s game attracts – including broadcast rights, 36 Annual Review of Football Finance 2016, Deloitte http://www2.deloitte.com/uk/en/pages/sport 34 http://www.abc.net.au/news/2015-09- s-business-group/articles/annual-review-of- 11/convery-the-matildas'-pay-dispute-could- football-finance.html spark-real-change/6767916 17 http://www.fifa.com/worldcup/news/y=2015/ 35 Supra note 48 m=12/news=2014-fifaworld-cuptm-reached-3-

Page | 72 years ago the same fixture (not at the prize money offered was 38 times Wembley) drew just under 5,000. The greater for the men than the women. women’s FA Cup final is also now televised. At the global level, more What can be done to fix the than 3.2 billion viewers tuned into the problem? 2014 FIFA men’s world cup competition with total prize money of The gender pay gap is just a very small US $576 million.37 More than 750 part of the systemic issues women face million viewers watched the 2015 in football. It is difficult to find women’s world cup competition in solutions without considering the Canada, making it the 2nd most overall problem of why women are watched FIFA competition across the treated as second class citizens in globe.38 However prize money of just football. Some people argue that the US$15 million dollars was awarded for women’s game is not as physical or as the 2015 women’s world cup. When good to watch so female footballers you compare the number of viewers should not be paid the same salary as who watched the games with the prize male footballers. Yet the games are money offered, there is a clear equal in length and a high level of disparity between the perceived value fitness and training are needed for of the male and female games as the both men and women to compete. table below shows. While marginally Men, who are well remunerated, have more than four times the number of the luxury of making their sport their viewers watched the men’s world cup, profession. Women in football largely do not have the same luxury if they want to earn a decent wage. Is it that 2-billion-viewers-one-billion-watched-- 2745519.html, more people around the globe want to http://www.fifa.com/womensworldcup/news/ y=2015/m=12/news=record-breaking-fifa- watch men play football or is it because women-s-world-cup-tops-750-million-tv- very few games of women’s football are viewers-2745963.html 37 http://empowering.hearst.co.uk/be- televised? Is the women’s game less informed/how-much-do-professional- footballers-earn/ sophisticated or developed than the 38 http://www.thefa.com/news/competitions/fa- men’s game as a result of the billions of womens-cup/2016/may/the-final-arsenal- chelsea-wembley-stadium-report dollars spent on marketing and

Page | 73 facilities for the men? Regardless of previous year. While women’s cricket the causes the gender pay gap in in all forms has been on the rise in the women’s football is symptomatic of a last decade, the shorter T20 game has broader problem. Much of this starts been seen as significantly benefitting with the leadership at the top of the female players - raising their profile sport. The main governing bodies in through increased ground audiences, world football have few women on TV coverage and improving their boards, while England fares little sponsorship opportunities. This has better. Australia is making greater supported the case for all top female progress and has a highly professional cricketers in Australia, England & independent board, with three senior Wales and India to be placed on corporate women.39 financially improved central contracts to enable them to play the sport Cricket: Reasons to be positive professionally year-round. Female players in Pakistan and South Africa In countries where cricket is played at are also reported to now have central national and international levels, there contracts. There is still a big disparity remains a significant pay gap between between male and female earnings as male and female players. However, in the table below shows. Payments to both the United Kingdom and male cricketers are a mixture of central Australia action is being taken to contract fees from their national body ensure women are paid more equitably (eg, Cricket Australia, Cricket India, as the sport records huge growth in English & Wales Cricket Board) and young girls and women flocking to the match fees and performance bonuses game. Cricket Australia reports that for test matches, One Day well over a million people are now Internationals (ODIs) and T20 games. playing cricket, making it the country’s Male cricketers are typically on county highest participation sport. Nearly one retainers, some of which are in four of cricket’s participants are suspended whilst they receive female - up from 20 per cent on the payments from their respective

countries. They can also earn 39 http://www.tsmplug.com/football/prize- money-fifa-world-cup-2014/ additional amounts for playing in

Page | 74 other competitions, such as the Indian elite female cricketers from AU$2.36 IPL and the top players attract sizable million to AU$4.23 million. Many sponsorship earnings. Commonwealth Bank Southern Stars players will now be able to earn in The men’s 2015 ICC Cricket World Cup excess of AU$100,000 a year.41 had estimated viewings of 1.5 billion with a phenomenal AU S 1.1 billion dollars spend reported.40 Prize money was estimated to have reached US$10.2 million. The women’s 2013 ICC Cricket World Cup reached 50 million viewers with total prize money of US$ 200,000. Read in isolation these figures do not raise our expectations for women’s cricket; however, there are many reasons to be positive. The women’s game is evolving and the outcome is looking positive on the global stage. As the profile of the women’s game continues to be raised so too are sponsorship deals, media deals and pay structures. Southern Stars set to shine Australia’s leading female cricketers will be the best paid of any women’s team sport in the country after Cricket Australia announced in 2015 it will almost double its commitment to Australia’s

40 http://www.icc- cricket.com/news/2015/media- 41 http://www.cricket.com.au/news/womens- releases/88460/icc-cricket-world-cup-2015- cricket-australia-player-payments-huge- gives-economic-boost-to-australia-and-new- increase-lanning-perry-southern-stars/2016- zealand 04-06

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Some of the gloss was taken off the up the AU$4.23 million with the deal after it was revealed that Cricket AU$1.45 million but were snubbed. Australia rejected an offer by the The association had already Australian Cricketers Association to announced it was contributing increase the women’s payment pool by AU$500,000 to pay for the women’s another AU$1.45 million. It was health insurance.42 In addition to reported that the men were willing to substantially increased pay, Cricket give the AU$1.45 million from their Australia in consultation with the contractual arrangements with Cricket Australian Cricketers’ Association Australia if the players association (ACA) is providing elite female players could have significant involvement in with: overseeing the contract process and • Improved travel and accommodation the guarantee of certain conditions. benefits. Negotiations stalled and Cricket • An updated pregnancy policy, in Australia walked away saying it would consultation with female players. pay the women AU$4.23 million, 425 rejecting the associations offer to fund http://www.theaustralian.com.au/sport/cricke t/australias-female-cricketers-win-big-pay- 26 per cent of that amount. The rise-but-still-earn-far-less-than- men/newsstory/01e20bee44815af9816e6fec9e players association then offered to top 349929

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• Restrictions on weekday hours of • Reduced commercial restrictions for domestic team training to support WNCL and WBBL players in relation female players working or studying. to major sponsors.

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#10 DEVELOPING RIGHTS FOR

SPORTSPERSONS

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Not all rights that athletes and their Media coverage of high‐level sports is a supporters believe that they deserve billion‐dollar business. The have been recognized and respected. astronomical sums of money paid for The following rights are still in the broadcast rights, for professional advocacy stage. In some cases, the sports and special events like the issues are still being debated, while in Olympic Games, are contingent upon others the issues are clear but the the ‘exclusivity’ of the information. related rights have not yet been widely That is, sports organizations can recognized, let alone protected. continue to reap vast sums of money from the sale of broadcast rights, so Media rights long as they can control the flow of

Page | 78 information through the ‘exclusive’ risk, if they cannot sell ‘exclusive’ rights holder. If information cannot be broadcasting rights, and should they contained and controlled, the not have the right to protect their ‘exclusive’ rights become worthless.43 organization? On the other hand, an Debates about who owns information, athlete should be free to express their and to what extent sports opinions, experiences, and personal organizations have the right to control feelings whenever and wherever they the outflow of information, are the choose. Some scholars have advocated central issues with respect to athletes’ that athletes should have access to media rights. When a sport governing their own broadcasting facilities at the body grants broadcast rights to a time of the Olympic Games, so that media outlet, who then owns the they could directly communicate their images of the individual athletes? As views and impressions to the sporting representatives of a sports public.44 organization/ club/ national team, As the world‐at‐large grapples with the does the sport governing body legal complexities stemming from the effectively ‘own’ the athlete’s image, advent of the Internet, and do they have the right to ‘sell’ cellular‐technology, and other these images? What recourse does an advances in communication, the athlete have if their image is used in a impact on the world of sport remains way they disagree with? The to be seen. Many of the issues raised by ownership of information extends the advances in communication beyond the athlete’s image, and is also technology are being debated and inextricably linked to the control of resolved in the courts, and these legal that information. At the Sydney precedents will shape the future of Olympic Games, athletes were not athletes’ media rights. allowed to publish their diaries during the course of the Games. The economic foundation of the IOC is at 44 United Nations Office of Sport for Development and Peace (2005). United Nations Sports Bulletin, No. 4, 15 June. New 43 United Nations Sports Bulletin, No. 24, 15 York. Available from http://www.un.org/ January 2007. New York. Available from sport2005/newsroom/bulletin/ http:// www.un.org/sport2005/newsroom/ united_nations_sport_bulletin_4_ un_sport_bulletin.html 15_june_05.pdf

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Medical rights (verbal, written, or otherwise); ƒ medical results or records being The professionalization of sport has released only with the written consent resulted in increased use of scientific of the athlete. methods as a means of improving performance. Medical testing and The issues of confidentiality and treatment are often used in athlete consent are critical when athletes are training, assessment, and in the case of being treated by doctors employed by injury and rehabilitation. Medical their league or sports organization.45 clearance, or non‐clearance can Educational Rights significantly impact an athlete’s career, and this can have huge ramifications Given the origins of the Olympic on the athlete’s life (i.e., loss of Movement, it is ironic that athletes endorsements, loss of a scholarship, now find themselves in a position to etc.). The key legal issues with respect have to fight for their right to an to medical rights for athletes include: education. Organized sport in the ‘informed consent’ and ‘right to industrial era has long been seen as an confidentiality in medical records’. important component of well‐balanced education. However the increased The elements of informed consent are: competition, pressure to excel and consent must be given in a free and professionalization of sport has forced voluntary manner; the athlete must athletes to devote the majority of their understand the general nature of the time and energy towards their athletic training, or testing, or treatment, and endeavours. Education is pushed the expected results, alternatives and aside, or ignored, until the end of the possible side effects; consent must be athlete’s career. Athletes recognize that specific to a particular procedure, test a total focus on athletics does little to or operation. prepare them for their life after sport, In the case of medical testing or and so the right to a good education is examination by a medical professional, the athlete is entitled to: a full report of 45Why move for health. Geneva, Switzerland. the results; the right to confidentiality Available from http://www.who.int/moveforhealth/en/

Page | 80 critical.46 Athletes should enjoy the right to enroll in courses, or programs of study, of their own choice. Additionally, athletes should enjoy the right to have practices, games and competitions scheduled so that they will not conflict with classes and examinations. Athletes should also be afforded some flexibility from educational institutions so that they can successfully balance their academic and athletic careers.

46 World Health Organization (2004). Global Strategy on Diet, Physical Activity and Health. Geneva, Switzerland. Available from http://www. who.int/dietphysicalactivity/strategy/ eb11344/en/

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#11 WADA & THE ATHLETES: THE RULES & REGULATIONS

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Aside from the WADA Code and the ensuring the integrity of the anti- anti-doping regulations adopted by doping program. each sport, another regulation less Under article 3.2.1 of the WADA considered by athletes could have an Code,4 scientific methods adopted by impact on the outcome of an anti- WADA are presumed to be doping disciplinary procedure. The scientifically valid. However, an International Standard for athlete’s case may rely on the Laboratories (“ISL”) details the challenging of such methods and there accreditation process for laboratories is often more to an adverse analytical and holds WADA-accredited finding than an athlete’s intention to laboratories and their staff members to cheat. The opinion of a scientific expert certain standards with the aim of

Page | 82 could thus be particularly important athlete, by enabling anti-doping for an athlete’s case, backing up facts practices to be held up to scientific alleged by an athlete with a scientific scrutiny and evaluated before an explanation. independent tribunal. It lends itself to the notion that laboratory staff are As the recent Meldonium saga independent of WADA and other anti- demonstrates, holding anti-doping doping organisations. science and practices up to scrutiny is paramount. Doping cases and the Upon a closer look at the Code of scientific experts engaged to assist a Ethics, the ability of laboratory staff to panel, either party-appointed or as a provide a free and impartial opinion neutral, are fundamental in this could be in conflict with other process. provisions in the Code of Ethics. Article 4.1 states:

The Relevant Rules "Work to aid in forensic and/or legal investigations may be undertaken but Article 5 para. 4 of the Code of Ethics due diligence should be exercised to accompanying the ISL explicitly states ensure that the work is requested by an that laboratory staff are to be neutral if appropriate agency or body. The called to testify. It states: Laboratory should not engage in "If Laboratory staff is requested by analytical activities or expert testimony either party or the tribunal to appear that would intentionally question the before an arbitration or court hearing, integrity of the individual or the they are expected to provide scientific validity of work performed in independent, scientifically valid expert the anti-doping program." testimony. Laboratory experts should Regardless of the provision in article 5, not be an advocate to either party." laboratory staff are in essence This provision suggests that WADA’s prevented from levelling any criticism main interest is in striking a fair towards WADA’s anti-doping balance between anti-doping practices, whether it be the validity of prosecution and the rights of an individual tests or the flaws in the

Page | 83 program as a whole. The independent experienced WADA-affiliated scientists testimony from laboratory staff declining to testify for fear of publicly foreseen in article 5 thus appears to be stating, in their professional opinion, a somewhat compromised provision. that the doping authority was wrong. This provision de facto prevents an What Does This Mean For An athlete from accessing the WADA Athlete’s Case? network of laboratory staff. The value of an expert in a hearing is Whereabouts in the WADA Code unquestionable and can be the crux of 2009 an athlete’s case. However, panels acknowledge their limited scientific WADA Code 09 knowledge and appreciate that “it is A WADA press release confirmed that not its function to step into the shoes in May 2009 the Code has finally been of scientific experts”, and they will accepted by all Olympic sports. This likely follow the reasoning and constitutes a major step towards a position of a credible expert. For that harmonization of fundamental anti- reason, finding and having access to doping principles. The Code as the knowledgeable and experienced basic and universal document of the experts is indispensable. World Anti Doping Program is For athletes seeking to engage experts essential for a worldwide course of who are staff members at WADA- action. Alongside, the International accredited laboratories, article 4.1 Standards and the Models of Best Code of Ethics, despite article 5, Practice and Guidelines developed inevitably means that the athlete is over the last decade shape the practical confronted with WADA-accredited implementation of the anti-doping laboratory staff who are reluctant to rules. All the different levels of anti testify on their behalf. This could doping-rules have been established to indeed be down to the laboratory govern the conditions of the way the staff’s professional opinion being sport is played. Their deeper objective contrary to the position of the athlete. is the promotion of what is understood However, the author herself has by the “spirit of sport”. Therefore, in

Page | 84 relation to scope and characteristics of broad acceptance of the WADA Code the body of rules they may be through Sports Governing Bodies characterised as “purely sporting (SGBs)/International Federations rules”. (IFs) and national Governments Articles 1 and 2 of the Code have

become the standard provisions. Thus, ADOs, Athletes and other Persons are doping in the sense of the Code is responsible for implementation or “defined of one or more anti-doping adherence of the anti-doping program. rules violations set forth in Article 2.1 The three “elements” of the code also through 2.8”. Obviously, the presence constitute different levels of norms and of a prohibited substance, just as well accordingly different implications for as the use or attempted use by an the signatories. Rules and principles athlete of a prohibited substance or provided in the code are compulsory in prohibited method fall under this relation to its substance and definition. However, doping practices conversion. Also the second level of in sport made it necessary to widen the rules (“International Standards”) is definition of what constitutes doping mandatory and necessary for a and doping offenses over the last years. technical and operational compliance In this context, the so called Out-of- with the code. The “Models of Best Competition Testing has become a core Practice and Guidelines” as third level point of the WADA program. only constitute recommendations. Therefore, the Code in force provides a harmonized regime of Out-of-

Competition Testing and clarifies what For a long time, there has been a lack constitutes a violation of those rules. of a common legal definition of the term “doping” in international sports. Global sports organisations had their “Whereabouts” own definitions of what was The idea behind whereabouts rules is understood by the term doping and closely linked to the latest what actually constituted a doping developments in sport and its major offense. However, as a result of the

Page | 85 problem “doping”. Nowadays, tests of IFs (International Federations) or during competitions (in-competition- NADOs (National Anti-Doping testing) are by far not sufficient to Organisations). In the Code 2009, for ensure “clean”, drug free sports the first time, a harmonized system competitions. Methods of athletes, was introduced. trainers and doctors to enhance performance are well-thought-out. In this context, the term “systematic” Violations of whereabouts doping is often mentioned. Prohibited requirements substances and methods are mostly Referring to Article 2.4 of the code, employed in phases of hard training in violations of anti-doping rules in order to support recovering processes relation with out-of-competition or strengthen physical capacity. In this testing may be the result of two regard, no advance notice out-of- different circumstances: a failure to file competition testing is a logical and required whereabouts information or a probably the only efficient way to fight missed test. A Filing Failure may, on doping entirely. The whole system the one hand, be ascertained when an would not work if sportsmen would be ADO is able to determine insufficiency informed about the testing in advance. of the information itself and, on the Therefore, it is necessary that out of other hand, if an athlete may not be competition controls are conducted located outside the 60-minute time without notice to athletes. Moreover, slot as a result of insufficient to ensure a working testing system it is information. However, if an athlete necessary to provide doping- may for the same reasons not be controllers with some essential located inside the 60-minute time slot, information, in particular about their it constitutes Missed Test. Any location. And that is what makes combination of three missed tests or whereabouts rules that important in filing failures, within eighteen month the new WADA code. Over years, the from the first offence, results in an systems of out-of-competition testing anti-doping rule violation. has been organised in various ways depending on the controlling systems

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It is argued that the duty to provide relation with the ISPPPI may be seen residences and activities for the whole as a signal for WADA's recognition of day is more questionable. external opinions. Furthermore it “Whereabouts opponents” question shows that WADA does not act outside whether it is necessary to know where legal boundaries and respect the athletes are and what they are doing standards of protection in certain almost for the whole day. The key countries and fundamental rights of point is the control anyway, where they athletes, such as the right of privacy. have to be available for the ADOs As mentioned above, testing athletes anyway. The outcome of the ongoing always does inflict in a person's rights. proceedings will be interesting to see. Thus, it is even more important that The decisions could give the direction WADA shows initiative to protect the for the future of whereabouts in athletes and establish a proportional particular and the WADA's anti-doping system with a certain level of program in general. protection. Obviously, the EU as a supranational organisation tries to

ensure its legal standards. In relation to all points of criticism Nonetheless, EU institutions and WADA had to face in respect to the bodies have to respect the autonomy of new code one thing has to be private sporting bodies and the mentioned. One should not forget the specificity of sports as declared in its development the whole system has strategic papers on sports policy. This gone through and above all its short does not prohibit a pro-active attitude history. The new system got into force and the possibility to explain its since January 2009 and the ISPPPI recommendations and positions on have already been revised in the first certain issues, like the WP did in the months. The system is probably not “whereabouts” conflict. However, a perfect. Yet, the whole anti-doping constructive dialogue a priori would process it is a steady development probably be more effective than the where all stakeholders have to mere publication of opinions. contribute something to achieve the best result. The efforts made in

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Still, one point with regard to the arguments brought up by FIFA are whereabouts should be clear. All sports sometimes difficult to understand which have accepted the WADA code compared to the effect an exception 2009 have to follow its rules. would have for the whole system. Harmonisation to achieve a coherent Athletes themselves, particularly, in worldwide anti-doping system is a key certain sports (e.g. cycling) are point of WADA's work. Therefore, responsible for the current situation there should be no exceptions for FIFA and the system they are in. Controllers or other team sport. WADA has have had to develop test systems and provided specific rules for teams in the methods to enhance the possibility to code. Yet, the necessity to provide catch cheats. It is necessary to whereabouts information is also establish a level playing field and to applies to football. If WADA would promote the principles of sport. A allow “holidays” for some sports clean sport is in the athlete's interest. disciplines it would be impartial For this purpose they have to compared to athletes from other sports contribute to an efficient and well- who have to provide there localisation functioning anti-doping system. information for the whole year. Thus,

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#12 WADA ON DOPING OF ATHLETES: IMPORTANT JUDGMENTS

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Some athletes seeking to push the nutrition. And on the world's biggest boundaries of their personal stage, at the Olympic Games, there are performance may find it tempting to all too many instances of athletes who grab a competitive advantage by have turned to the use of a chemical looking beyond their training and

Page | 89 advantage to gain a leg up on their scheme within Armstrong's U.S. Postal fellow competitors. Service team. In light of that evidence, in 2013, the International Olympic Most performance-enhancing Committee nullified the bronze medal substances are banned in sports, but Armstrong won for the men's road there are still many that either can't be time trial at the 2000 Summer reliably detected or that have yet to be Olympics in Sydney, Australia. Soon classified. In Olympics history, afterward, Armstrong delivered his cheaters often face swift punishment, first public admission of guilt in a terse but sometimes, official rulings take televised interview with Oprah years to resolve. Secondary drug tests Winfrey. He did not return the medal may catch the offender after the for another eight months. competition, or arbitration may drag on. And no matter how clearly the • Luiza Galiulina (Uzbekistan), rules are defined, debates over what 2012 actions should be punished, and how Luiza Galiulina was a gymnast from severely, endure. Uzbekistan who in 2012 was set to Here are some of the biggest doping make her second appearance at the scandals : Summer Olympics in London. After testing positive for furosemide, a • Lance Armstrong (USA), 2000 diuretic that is considered to be a After his first Tour de France victory in masking agent or weight-loss 1999, American cyclist and cancer supplement, Galiulina was survivor Lance Armstrong immediately provisionally banned from the games. became an icon of resilience. As his Galiulina denied knowingly taking the popularity grew, so did the profile of substance, and she said that her Livestrong, his charitable cancer mother had given her a heart organization. But his seven Tour de medication the previous month. France titles (from 1999 to 2005) were Furosemide is also used to treat high revoked in 2012 after years of blood pressure or congestive heart suspicion culminated in the exposure failure. of an elaborate, multifaceted doping

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Galiulina missed a scheduled Sport ruled that Jones' relay competition in artistic gymnastics due teammates could keep their medals, to the ban. Days later, when her based on rules in place at the time of backup sample also tested positive, she competition. was removed from the Olympic • Russian team, 2012, 2014 & Village, and afterward she was given a 2016 two-year suspension. Russian athletes have been dogged by • Marion Jones (USA), 2000 doping suspicions at several Olympic A 2003 investigation into the Bay Area Games, but these allegations were Laboratory Co-operative (BALCO), made worse by recent evidence of which supplied steroids to a variety of pervasiveand persistentdoping high-profile athletes, led to suspicions schemes, reported the New York that American sprinter Marion Jones Times. This includes the revelation of a had used performance-enhancing sample-swapping systemto protect drugs. But, it wasn't until 2007 that cheating athletes, in an effort to boost Jones admitted to past use of a Russia's medal count when the country designer steroid known as "the clear." hosted the 2014 Winter Olympics in Jones said she began using the steroid Sochi. Based on a report from the just weeks before the 2000 Summer World Anti-Doping Agency, the Olympics in Sydney. International Olympic Committee said, "all Russian athletes … are considered Jones returned the five medals she to be affected by a system subverting won in those games, including gold and manipulating the anti-doping medals in the 100-meter and 200- system." Yet,the organization left it to meter races, and the 4 x 400-meter the governing bodies of each sport to relay. Jones had also nabbed bronze determine the eligibilityof individual medals for long jump and the 4 x 100- athletes. As a result, 271 of 389 meter relay. All of Jones' race results Russian athleteswere cleared for after Sept. 1, 2000, were expunged, competition at the 2016 Summer and she was given a two-year ban. In Olympics in Brazil, reported CNN. The 2010, the Court of Arbitration for International Paralympic Committee

Page | 91 banned the entire Russian at the 2014 Winter Olympics in Sochi. federationfrom competing at the Rio Sweden criticized the timing of the Paralympics. suspension announcement, which came just hours before the game. • Ben Johnson (Canada), 1988 Olympic officials eventually Three days after sprinting to glory in determined that Backstrom hadn't the 100-meter final at the 1988 intended to gain a competitive edge by Summer Olympics in Seoul, Korea, taking a banned substance. The hockey Canadian track star Ben Johnson was player took medication at the advice of disqualified for a positive test for the a team doctor and even declared its use steroid stanozolol. Johnson had set a in paperwork. Backstrom later new world record time of 9.79 seconds received a medal and only a reprimand in the race. When the positive drug test from the World Anti-Doping Agency. It was revealed, Johnson denied any was cold comfort: a short-handed wrongdoing, but later admitted to Swedish team lost to Canada 3-0, using a different steroid, furazabol, taking silver. while training for the Olympics. • Andreea Raducan (Romania), Johnson's records were removed and 2000 the gold medal was awarded to American Carl Lewis instead. In 1993, Romanian gymnast Andreea Raducan Johnson failed a second drug test, was disqualified and stripped of the which turned up an elevated gold medal she won in the all-round testosterone-to-epitestosterone ratio, gymnastics competition at the 2000 and the International Amateur Athletic Summer Olympics in Sydney, after she Federation, the governing body of tested positive for pseudoephedrine. Track and Field, banned him for life. The drug, a stimulant that is the active ingredient in medicines such as • Nicklas Backstrom (Sweden), Sudafed, was banned by the 2014 International Olympic Committee but A positive test for pseudoephedrine not the International Gymnastics kept Swedish hockey star Nicklas Federation. Raducan, then 16, Backstrom out of the gold-medal game received the pseudoephedrine in cold

Page | 92 medication from a team doctor, who At the 1998 Winter Olympics in was subsequently suspended for the Nagano, Canadian snowboarder Ross next two Olympic games. Earlier, Rebagliati won a gold medal in giant Raducan had won gold in team slalom. Rebagliati subsequently tested gymnastics and a silver in the vault. positive for marijuana, after which a She tested negative following those series of Olympic boards voted to strip events and was allowed to keep the him of the medal. The ruling was medals. In 2015, Raducan appealed the unusual, because cannabis was not on status of her all-around gymnastics the International Olympic Committee's gold medal to International Olympic list of banned substances at the time (it Committee president Thomas Bach in was added a couple of months after the person, but the result was not games concluded), and it is not reinstated. generally considered to be a performance-enhancing drug. An • Tyson Gay (USA) , 2012 appeal to the Court of Arbitration for American sprinter Tyson Gay was part Sport was quickly rewarded, and of the silver-medal-winning 4 x 100– Rebagliati was able to keep his medal. meter relay team at the 2012 Summer Rebagliati is now the face of a Olympics in London. But the next year, marijuana dispensary branding Gay failed three drug tests in rapid company. succession, prompting the erasure of • Johann Muhlegg (Spain), 2002 results dating back to the London games. Gay, then 31, immediately Cross-country skier Johann Muhlegg dropped out of competition, returned competed for his native Germany in his medal and cooperated with U. S. three Olympics prior to representing Anti-Doping Agency investigators. He Spain in the 2002 Winter Olympics in served only a one-year suspension. In Salt Lake City. Muhlegg won gold in 2015, the International Olympic the 30-kilometer and 50-kilometer Committee stripped Gay's relay races, and the 10-kilometer pursuit, teammates of their medals. but after a positive test for darbepoetin, a then-new prescription • Ross Rebagliati (Canada) , 1998 drug that promotes red blood cell

Page | 93 production, he was disqualified from controversies, there couldn’t have been the 50-kilometer race. Other tests a day more humiliating than that day conducted throughout the and the controversy more competitions had been inconclusive, embarrassing than doping. Warne but Muhlegg was eventually stripped of explained that his mother had given his other medals as well. him the medicine which was the reason behind him being tested with • Maria Sharapova (Russia) 2016 performance enhancing drugs and that Maria Sharapova revealed in a press it was weight reducing medicine for conference in Los Angeles that she had making him look good in front of the failed a drug test at the Australian cameras. This excuse didn’t go well Open, which she described as the with Cricket Australia and Warne was result of an oversight. She tested banned from playing International positive for meldonium, an anti- cricket for a year and returned to ischemic drug added to the World cricket in 2004 and remained an Anit-Doping Agency’s banned integral member of Australia’s team till substances list in 2016. Sharapova his retirement in 2007. claimed that her doctor had been • Shoaib Akhtar(Pakistan) 2006 prescribing the medication to her since 2006. As a result of the failed drugs The fastest bowler on earth, Shoaib test, Nike has “suspended its Akhtar was tested positive for drugs relationship”, and Tag Heuer has “cut prior to 2006 ICC Champions Trophy its ties” with Sharapova. On 8 June, in India and was sent home even the Russian was banned from tennis before the event could start. He was for two years. banned for 2 years but later the ban was reverted after an appeal. • Shane Warne (Australia) 2004 Throughout the proceedings of the Shane Warne was sent home on the case, Akhtar pleaded his innocence eve of Australia’s first match against .His ousting from the tournament, Pakistan in 2004’s World Cup in South severly damaged Pakistan’s chances in Africa on the pretext of positive dope the tournament. test. In a career trodden with glory and

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INDIAN SPORTSPERSONS IN the Court of Arbitration for Sports DOPING (CAS) overturned the clean chit given to him by the National Anti-Doping Rio Olympics 2016 : India's hopes for Agency (NADA). The World Anti- the upcoming Rio Olympics 2016 Doping Agency (WADA) had filed an suffered a huge setback when wrestler urgent application before the CAS ad Narsingh Yadav and shot-putter hoc Division to challenge the NADA's Inderjeet Singh were tested positive for exoneration of Narsingh following two banned substances by the National positive anti-doping tests with Anti-Doping Agency (NADA). methandienone on June 25 and July 5, Narsingh, who was selected ahead of 2016. In July, Narsingh, who bagged the celebrated Sushil Kumar, failed a the Olympics quota with a bronze dope test but insisted that the scandal medal finish in last year's World that has jeopardised his Olympic Championships, tested positive for a participation is a conspiracy against banned anabolic steroid on both his A him. NADA Director General Navin and B samples. Agarwal said Narsingh had tested positive for a banned substance and he The 74kg category grappler claimed appeared before a NADA disciplinary that he had been the target of a panel. Sources said he had tested conspiracy. He alleged that his food positive for methandienone -- a and drinks had been spiked and filed banned anabolic steroid. The Asian an FIR at the Sonepat Police Station Champion Inderjeet tested positive for against two fellow wrestlers. NADA a banned steroid and he has been had cleared Narsingh of doping informed by the National Anti-Doping charges on August 1, paving the way Agency. His out-of-competition test for him to compete in the Rio was done on 22 June. Olympics.

Narsingh Yadav case It should come as no surprise that WADA and CAS took a dim view of the Narsingh Yadav was ousted from the situation, with the latter refusing to Rio Olympics and slapped with a four- accept "the argument of the athlete year ban for flunking a dope test after (Narsingh) that he was the victim of

Page | 95 sabotage". Setting aside NADA's metabolites or markers found to be decision, the CAS said in its release present in their samples. Accordingly, that "there was no evidence that he it is not necessary that intent, fault, (Narsingh) bore no fault, nor that the negligence or knowing use on the anti-doping rule violation was not athlete’s part be demonstrated in order intentional". to establish an anti-doping rule violation under Article 2.1." Article 2.1 While clearing Narsingh of doping of WADA's code deals with the charges, the NADA panel had said that presence of prohibited substances in he was a victim of sabotage done by a an athlete's sample. Further, the code competitor and there was no fault and says that specific proof of an anti- negligence on his part and that it was doping rule violation under Article 2.1 impossible for an athlete to keep a can be established if an athlete's B watch on drinks during practise. sample is analysed and the analysis of However, stating that Narsingh was the B sample confirms the presence of not responsible for the prohibited the prohibited substance or its substances found in his samples, which metabolites or markers found in the was the basis of NADA's all-clear to athlete’s A sample. In its verdict, him, was unlikely to have found any nowhere did NADA dispute that merit with WADA. Narsingh's samples indeed did contain Why WADA challenged the all- prohibited substances; thus, WADA clear to Narsingh would have had no compunctions in challenging NADA's all-clear to WADA, in its code, clearly spells out Narsingh. that it is the athlete's individual duty to ensure that he or she is found to be While WADA states that natural justice free of any prohibited substance when and the individual rights of an athlete tested. The code says: "It is each form the basis of its code and athlete’s personal duty to ensure that decisions, it also holds that its primary no prohibited substance enters his or responsibility is to "protect the her body. Athletes are responsible for athletes’ fundamental right to any prohibited substance or its participate in doping-free sport and

Page | 96 thus promote health, fairness and champion, was caught during equality for athletes worldwide". At the the event, and was subsequently end of the day, Narsingh tested banned for two years along with positive for prohibited substances and Pratima. She repeated her that would have been WADA's real offence in 2010, which caused concern. her to miss out on a spot in the Commonwealth Games squad.  Pratima Kumari and  Mandeep Kaur, Ashwini Sanamacha Chanu : The news of Akkunji and Sini Jose: The trio Major Rajyavardhan Singh were part of the gold medal- Rathore's feat of clinching winning 4x400m relay team in India's first-ever individual the 2010 Commonwealth Olympic silver medal in the Games as well as in the Asian Athens games in 2004 was Games. The three however, short-lived when the news of were found guilty of doping weightlifters Sanamacha Chanu along with four other athletes in (53 kg) and Pratima Kumari (63 a major scandal in 2011, and kg) testing positive for banned were handed one-year bans as a substances made headlines result. Then Indian track and during the event. Pratima was field coach Yuri Ogorodnik was tested positive and banned also fired as a result of the before the start of the event, but revelations. had travelled along with the  Seema Punia : The ace discus Indian contingent to Greece, thrower earned the nickname with the Indian camp hiding the 'millennium child' after winning news of her ban. It was only gold in the World Junior when her name was not Athletic Championships in mentioned in the starting list 2000 in Santiago, Chile. The joy once the main event began that of the victory, however, did not the lid was lifted on the matter. last long as she was tested Chanu, a 2002 Manchester positive for pseudoephedrine, a Commonwealth Games banned substance, which

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resulted in her getting stripped prior to the Games. Devi was of her medal and getting an the lone Indian weightlifting official warning from the entry for the event, but was Amateur Athletic Federation of stopped from boarding the India (AAFI). Punia had again flight to the Chinese capital tested positive for a banned after the arrival of her doping substance, this time stanozolol, results. ahead of the 2006 Asian Games,  Rajeev Tomar, Sourabh Vij: but was exonerated by an AFI Arjuna Award-winning wrestler panel. Tomar had competed in the  Neelam Jaswant Singh : Punia 2008 Olympics in the 120 kg isn't the only senior female category. However, his career discus thrower to have been sustained a downslide in 2010 caught doping in the past. when he was tested positive for Neelam Jaswant Singh was methylhexaneamine in 2010 tested positive for pemoline, a along with 11 other athletes, banned stimulant, during the among whom were the likes of 2005 World Athletics shot-putter Sourabh Vij, Championships in Helsinki, swimmers Amar Muralidharan Finland, following which she and Richa Mishra. was handed a two-year ban by

the IAAF.  Monika Devi : The Manipuri weightlifter was originally part

of the Indian contingent for the 2008 Beijing Olympics, but was dropped after failing a dope test

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#13 IOC SANCTIONS FOUR RUSSIAN ATHLETES FOR FAILING ANTI-DOPING TESTS AT LONDON 2012 FOLLOWING A TARGETED WAVE OF RE-ANALYSES

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In order to support the investigations As part of this process, the IOC today of Prof. McLaren and his team, the IOC announced that four Russian athletes ordered a number of targeted re- have been disqualified from the analyses of Russian athletes’ samples Olympic Games London 2012. The during the course of 2016. details follow.

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Khadzhimurat AKKAEV, 31, of Russia, Substances or its competing in the Men’s 105kg Metabolites or Markers weightlifting event in which he was in an athlete’s bodily registered upon and from which he specimen), had to withdraw because of a back injury, has been disqualified from the ii. is disqualified from the Olympic Games London 2012. Re- Men’s 105kg analysis of Akkaev’s samples from weightlifting event in London 2012 resulted in a positive test which he was registered for the prohibited substance upon the occasion of the dehydrochloromethyltestosterone Olympic Games London (turinabol). 2012.

The IOC Disciplinary Commission, II. The IWF is requested to modify composed for this case of Mr Denis the results of the above- Oswald (Chairman), Mrs Gunilla mentioned event accordingly Lindberg and Dr Ugur Erdener, and to consider any further decided the following: action within its own competence. I. The Athlete, Khadzhimurat AKKAEV: III. This decision enters into force immediately. i. is found to have committed an anti- doping rule violation Mariia BESPALOVA, 30, of Russia, pursuant to the IOC Anti- competing in the Women’s hammer Doping Rules applicable throw event (Qualification and Final) to the Games of the XXX in which she ranked 11th, has been Olympiad in London in disqualified from the Olympic Games 2012 (presence, and/or London 2012. Re-analysis of use, of Prohibited Bespalova’s samples from London

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2012 resulted in a positive test for the occasion of the Olympic prohibited substance Games London 2012, dehydrochloromethyltestosterone namely the Women’s (turinabol). hammer throw event.

The IOC Disciplinary Commission, II. The IAAF is requested to modify composed for this case of Mr Denis the results of the above- Oswald (Chairman), Mrs Gunilla mentioned event accordingly Lindberg and Dr Ugur Erdener, and to consider any further decided the following: action within its own competence. I. The Athlete, Mariia BESPALOVA: III. This decision enters into force immediately. i. is found to have committed an anti- Gulfiya KHANAFEEVA, 34, of Russia, doping rule violation competing in the Women’s hammer pursuant to the IOC Anti- throw event (Qualification) in which Doping Rules applicable she ranked 16th, has been disqualified to the Games of the XXX from the Olympic Games London Olympiad in London in 2012. Re-analysis of Khanafeeva’s 2012 (presence, and/or samples from London 2012 resulted in use, of Prohibited a positive test for the prohibited Substances or its substance Metabolites or Markers dehydrochloromethyltestosterone in an athlete’s bodily (turinabol). specimen), The IOC Disciplinary Commission, ii. is disqualified from the composed for this case of Mr Denis event in which she Oswald (Chairman), Mrs Gunilla participated upon the

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Lindberg and Dr Ugur Erdener, action within its own decided the following: competence.

I. The Athlete, Gulfiya III. This decision enters into force KHANAFEEVA: immediately.

i. is found to have Victoria VALYUKEVICH (maiden committed an anti- name: Victoria GUROVA), 34, of doping rule violation Russia, competing in the Women’s pursuant to the IOC Anti- triple jump event (Qualification and Doping Rules applicable Final) in which she ranked 8th, and for to the Games of the XXX which she was awarded a diploma, has Olympiad in London in been disqualified from the Olympic 2012 (presence, and/or Games London 2012. Re-analysis of use, of Prohibited Valyukevich’s samples from London Substances or its 2012 resulted in a positive test for the Metabolites or Markers prohibited substance in an athlete’s bodily dehydrochloromethyltestosterone specimen), (turinabol).

ii. is disqualified from the The IOC Disciplinary Commission, Women’s hammer throw composed for this case of Mr Denis event in which she Oswald (Chairman), Mrs Gunilla participated upon the Lindberg and Dr Ugur Erdener, occasion of the Olympic decided the following: Games London 2012. I. The Athlete, Victoria II. The IAAF is requested to modify VALYUKEVICH: the results of the above- mentioned event accordingly i. is found to have and to consider any further committed an anti-

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doping rule violation III. The Russian Olympic pursuant to the IOC Anti- Committee shall ensure full Doping Rules applicable implementation of this decision. to the Games of the XXX Olympiad in London in IV. The Russian Olympic 2012 (presence, and/or Committee shall notably secure use, of Prohibited the return to the IOC, as soon as Substances or its possible, of the diploma Metabolites or Markers awarded in connection with the in an athlete’s bodily Women’s triple jump event to specimen), the Athlete.

ii. is disqualified from the V. This decision enters into force Women’s triple jump immediately. event in which she participated upon the In December 2016, the IOC also occasion of the Olympic extended the mandate of the Oswald Games London 2012, Commission to examine all samples collected from Russian athletes during iii. has the diploma obtained the Olympic Games London 2012, in the Women’s triple following the findings of the completed jump event withdrawn, Independent Person Report. and is ordered to return the same. Thirty Russian athletes had already been sanctioned thus far by the IOC as II. The IAAF is requested to modify a result of the IOC’s re-analysis the results of the above- programme, which began prior to the mentioned event accordingly Olympic Games Rio 2016 and is and to consider any further ongoing. This programme was action within its own intended to provide a level playing competence. field for all clean athletes at the

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Olympic Games Rio 2016, and The additional analyses on samples consisted of targeted pre-tests and re- collected during the Olympic Games analysis of stored samples from the Beijing 2008 and London 2012 were Olympic Games Beijing 2008 and performed with improved analytical London 2012, following an methods, in order to possibly detect intelligence-gathering process that prohibited substances that could not started in August 2015. be identified by the analysis performed at the time of these editions of the Olympic Games.

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#14 ARIJAN ADEMI V. UNION OF EUROPEAN FOOTBALL ASSOCIATIONS

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FACTS : On 16 September 2015, provided by him on 16 September following a match between the Club 2015. These results were provided by and Arsenal FC in Zagreb, the Player the WADA accredited “Laboratoire underwent a doping control test and Suisse d´Analyse du Dopage” provided a urine sample to UEFA. On 7 (“Lausanne laboratory”). Stanozolol is October 2015, the Player was notified a substance prohibited at all times, of an Adverse Analytical Finding for both in and out of competition, and is stanozolol metabolites in the sample not a specified substance. Also on 7

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October 2015, the Control, Ethics and 1. The appeal lodged by the GNK Disciplinary Body of UEFA (“CEDB”) Dinamo player Arijan Ademi is provisionally suspended the Player dismissed. Consequently, the Control, from participating in any football Ethics and Disciplinary Body decision related activity for 30 days. On 20 of 19 November 2015 is confirmed. October 2015, the Player was notified 2. The costs of the proceedings, that the B-sample analysis confirmed totalling € 3'000 (minus the appeal the result of the A-sample for fee), are to be paid by the Appellant. stanozolol metabolites. These results were also provided by the Lausanne 3. This decision is final (subject to laboratory. Article 58.7 DR) and is communicated to: a) the parties; b) the UEFA Control, On 21 October 2015, disciplinary Ethics and Disciplinary Body; c) the proceedings were opened against the UEFA administration; d) the Croatian Player for alleged doping offences in Football Federation accordance with Article 13 of the UEFA Disciplinary Regulations (“UEFA DR”). The Appealed Decision was notified on On 6 November 2015, the CEDB 17 June 2016. extended by 15 days the validity of the JURISDICTION provisional suspension imposed on the Player. On 19 November 2015 a Article R47 of the Code provides as hearing was held and on the same date follows: the CEDB issued a Decision An appeal against the decision of a suspending the Player from federation, association or sports- participating in any football-related related body may be filed with the CAS activity for a period of four (4) years. insofar as the statutes or regulations of On 7 December 2015, the Player the said body so provide or as the appealed the CEDB decision to the parties have concluded a specific UEFA Appeals Body. On 12 May 2016, arbitration agreement and insofar as the UEFA Appeals Body issued the the Appellant has exhausted the legal Appealed Decision, which reads in its remedies available to him prior to the operative part as follows: appeal, in accordance with the statutes

Page | 106 or regulations of the said sports- refuse to entertain an appeal if it is related body. manifestly late. Article 13.01 of the UEFA ADR provides that: "[i]n case of The Player asserts that the jurisdiction litigation resulting from or in relation of the CAS derives from Article 62(1) of to these regulations, the provisions the UEFA Statutes which reads as regarding the Court of Arbitration for follows: Any decision taken by a UEFA Sport (CAS) laid down in the UEFA organ may be disputed exclusively Statutes apply". before the CAS in its capacity as an appeals arbitration body, to the Article 62(3) of the UEFA Statutes exclusion of any ordinary court or any provides that: "[t]he time limit for other court of arbitration. UEFA appeal to the CAS shall be ten days expressly consented to jurisdiction in from the receipt of the decision in its answer. Moreover, both parties question". The Appeal was filed on 27 confirmed CAS jurisdiction by June 2016, within ten (10) days of execution of the order of procedure, notification of the Appealed Decision, and no party objected to the on 17 June 2016. UEFA noted that it proceedings or the jurisdiction of the has no objection to the admissibility of arbitrators. It follows, therefore, that the Player's appeal "in so far as the CAS has jurisdiction in this appeal. appeal is directed against a final decision of UEFA"; namely, in ADMISSIBILITY conformity with Article 62(4) of the Article R49 of the Code provides as UEFA Statutes. The Panel agrees, for follows: In the absence of a time limit those reasons, that the appeal is set in the statutes or regulations of the admissible. federation, association or sports- APPLICABLE LAW related body concerned, or of a previous agreement, the time limit for Article R58 of the Code provides as appeal shall be twenty-one days from follows: The Panel shall decide the the receipt of the decision appealed dispute according to the applicable against. After having consulted the regulations and the rules of law chosen parties, the Division President may by the parties or, in the absence of

Page | 107 such a choice, according to the law of UEFA ADR 2 (“Anti-Doping Rule the country in which the federation, Violations”) provides in its association or sports-related body pertinent part: The following which has issued the challenged constitute anti-doping rule decision is domiciled or according to violations: the rules of law, the application of a) Presence of a prohibited substance which the Panel deems appropriate. In or its metabolites or markers in a the latter case, the Panel shall give player’s sample reasons for its decision. According to Article 62(4) of the UEFA Statutes, i) It is each player’s personal duty to “[…] proceedings before the CAS shall ensure that no prohibited substance take place in accordance with the Code enters his body. Players are of Sports-related Arbitration of the responsible for any prohibited CAS". The parties agree that the substance or its metabolites or dispute is governed by UEFA Statutes markers found to be present in their and its rules and regulations and, in samples. Accordingly, it is not particular, the UEFA DR and the necessary that intent, fault, negligence UEFA ADR. Therefore, the applicable or knowing use on the player’s part be law, accordingly to which the Panel demonstrated in order to establish an will decide the present appeal, is the anti-doping rule violation. UEFA ADR and, subsidiarily, Swiss ii) Sufficient proof of an anti-doping law given UEFA’s domicile in rule violation is established by any of Switzerland. the following: RELEVANT UEFA DOPING presence of a prohibited substance or REGULATIONS AND its metabolites or markers in the DEFINITIONS player’s A sample where the player The following provisions of the UEFA waives analysis of the B sample and ADR, which are based on the WADC, the B sample is not analysed; or, where are material to this appeal: the player’s B sample is analysed and the analysis of the player’s B sample confirms the presence of the

Page | 108 prohibited substance or its metabolites comfortable satisfaction of the hearing or markers found in the player’s A panel, bearing in mind the seriousness sample; or, where the player’s B of the allegation which is made. Where sample is split into two bottles and the a player or other person alleged to analysis of the second bottle confirms have committed an anti-doping rule the presence of the prohibited violation has the burden of rebutting a substance or its metabolites or presumption or establishing specified markers found in the first bottle. facts or circumstances, the standard of proof is the balance of probability. iii) Excepting those substances for which a quantitative threshold is UEFA ADR 9 (“First violations specifically identified on the Prohibited and increasing suspensions”) List, the presence of any quantity of a provides in its pertinent part: prohibited substance or its metabolites 9.01 Suspension for presence, use, or markers in a player’s sample attempted use, or possession of a constitutes an anti-doping rule prohibited substance or a prohibited violation. method The period of suspension for a iv) As an exception to the general rule first violation under paragraph 2.01a of this paragraph 2.01a, the Prohibited (presence of a prohibited substance or List or international standards may its metabolites or markers), 2.01b (use establish special criteria for the or attempted use of a prohibited evaluation of prohibited substances substance or prohibited method) or that can also be produced 2.01f (possession of a prohibited endogenously. substance or prohibited method) is as follows, subject to any reduction or UEFA ADR 3.01 (“Burdens and suspension of this period pursuant to Standards of Proof”) provides: paragraph 10.01, 10.02 or 10.03. 3.01 UEFA has the burden of a) The period of suspension is four establishing that an anti-doping rule years if: violation has occurred. The standard of proof is whether UEFA has established i) the anti-doping rule violation does an antidoping rule violation to the not involve a specified substance

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(unless the player or other person can UEFA ADR 10 (“Lifting, reducing, establish that it was not intentional); or suspending a sanction”) or provides in its pertinent part: ii) the anti-doping rule violation 10.01 Lifting the period of suspension involves a specified substance and where there is no fault or negligence If UEFA can establish that it was a player or other person establishes in intentional. an individual case that he bears no fault or negligence, then the otherwise b) If paragraph a) does not apply, the applicable period of suspension is period of suspension is two years. lifted. c) As used under paragraphs 9.01 and 10.02 Reducing the period of 9.02, the term “intentional” is meant suspension based on no significant to identify those players who cheat. fault or negligence The term, therefore, requires that the a) Reducing suspensions for violations player or other person engaged in of paragraph 2.01a (presence of conduct which he knew constituted an prohibited substance or its metabolites anti-doping rule violation or knew that or markers), 2.01b (use or attempted there was a significant risk that the use of a prohibited substance or conduct might constitute or result in method), or 2.01f (possession of a an anti-doping rule violation and prohibited substance or prohibited manifestly disregarded that risk. An method) involving specified substances anti-doping rule violation resulting or contaminated products. [----] from an adverse analytical finding for a substance which is only prohibited in- ii) Contaminated products In cases competition is rebuttably presumed to where the player or other person can be “not intentional” if the substance is establish no significant fault or a specified substance and the player negligence and that the detected can establish that the prohibited prohibited substance came from a substance was used out-ofcompetition. contaminated product, then the minimum sanction is a reprimand and no period of suspension and the

Page | 110 maximum sanction two years of accordance with the UEFA suspension, depending on the player’s Disciplinary Regulations and the or other person’s degree of fault. present regulations on the team to which the players belong, in addition b) Application of no significant fault or to the consequences imposed on the negligence beyond the application of individual player(s) found to have paragraph 10.02a Where paragraph committed the anti-doping rule 10.02a does not apply, if a player or violation. The sanction(s) imposed on other person establishes in an the team may include disqualification individual case that he bears no from the competition in progress significant fault or negligence then, and/or exclusion from future subject to any further reduction or competitions. Appendix C lifting of the period pursuant to (Definitions) provides, in its relevant paragraph 10.03, the otherwise parts: applicable period of suspension may be reduced based on the player or other Contaminated product: A product person’s degree of fault, but the that contains a prohibited substance reduced period of suspension may not that is not disclosed on the product be less than half of the period of label or in information that can be suspension otherwise applicable. If the found by means of a reasonable otherwise applicable period of internet search. suspension is a lifetime, the reduced Fault: Any breach of duty or lack of period under this paragraph may be no care appropriate to a particular less than eight years. situation. Factors to be taken into UEFA ADR 12.02 (“Team consideration in assessing a player or Disqualification”) provides: other person’s degree of fault include, for example, the player’s or other If more than two players from the person’s experience, whether the same team are found to have player or other person is a minor, committed an antidoping rule violation special considerations such as during a competition period, UEFA impairment, the degree of risk that imposes the appropriate sanction(s) in should have been perceived by the

Page | 111 player and the level of care and establish how the prohibited substance investigation exercised by the player in entered his system. No significant fault relation to what should have been the or negligence: If the player or other perceived level of risk. person establishes that his fault or negligence, when viewed in the totality In assessing the player’s or other of the circumstances and taking into person’s degree of fault, the account the no fault or negligence circumstances considered must be criteria, was not significant in relation specific and relevant to explain the to the antidoping rule violation. Unless player’s or other person’s departure he is a minor, for any violation of from the expected standard of paragraph 2.01a the player must also behaviour. Thus, for example, the fact establish how the prohibited substance that a player would lose the entered his system. For cannabinoids, opportunity to earn large sums of the player may establish that he bears money during a period of suspension, no significant fault or negligence by the fact that a player only has a short clearly demonstrating that the use was time left in his career, or the timing in not intended to enhance sporting terms of the sporting calendar would performance or unrelated to sport. not be relevant factors to be considered in reducing the period of suspension under paragraph 10.02. The Court of Arbitration for No fault or negligence: If the player Sport rules that: or other person establishes that he did The appeal filed on 27 June 2016 by not know or suspect, and could not Mr Arijan Ademi against the decision reasonably have known or suspected, of the UEFA Appeals Body of 12 May even with the exercise of utmost 2016 was partially upheld. caution, that he had used or been administered a prohibited substance or The decision of the UEFA Appeals prohibited method or otherwise Body of 12 May 2016 was amended as violated an anti-doping rule. Except in follows: the case of a minor, for any violation of paragraph 2.01a, the player must also

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Mr Arijan Ademi is suspended from participation in any football-related activity for a period of two (2) years, commencing on 7 October 2015.