Magazine June 2017 Final
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―It’s not the will to win that matters—everyone has that. It’s the will to prepare to win that matters.‖ –Paul ―Bear‖ Bryant TEAM PLAWYERED 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 experience of working with several legal portals and research journals. 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]. #1 FIFA HUMAN RIGHTS COMMITMENT: FIFA PUBLISHES LANDMARK HUMAN RIGHTS POLICY Image Courtesy:newsweek.me.org Following the adoption by FIFA commitment and will serve as Council in May 2017, FIFA has guidance for FIFA‘s human rights published a new, landmark Human work. Rights Policy. The document embodies FIFA‘s Human Rights Policy was article 3 of the FIFA Statutes, developed by the FIFA administration according to which ―FIFA is committed in collaboration with FIFA‘s to respecting all internationally Governance Committee. The document recognised human rights and shall was reviewed by FIFA‘s Human Rights strive to promote the protection of Advisory Board and a wide range of these rights.‖ It further specifies and external stakeholders from strengthens FIFA‘s human rights international organisations, trade unions, civil society organisations, - The creation of the Human Rights academia and FIFA sponsors. It is in Advisory Board , comprised of experts accordance with the UN Guiding from the UN System, trade unions, Principles on Business and Human civil society and FIFA sponsors. Rights, the authoritative international FIFA is committed to respecting standards on the topic developed by human rights in accordance with the Prof. John Ruggie. UN Guiding Principles on Business FIFA‘s Human Rights Policy is and Human Rights (UNGPs). FIFA‘s published alongside a Activity Update commitment embraces all Report on FIFA‘s work on human internationally recognised human rights. The report focuses on FIFA‘s rights, including those contained in the activities taken in the first year after International Bill of Human Rights the entering into force of FIFA‘s (consisting of the Universal statutory human rights commitment in Declaration of Human Rights, the April 2016. International Covenant on Civil and Political Rights and the International Some of the main achievements Covenant on Economic, Social and highlighted in the activity update are: Cultural Rights) and the International - the development and approval of Labour Organization‘s Declaration on FIFA's Human Rights Policy: Fundamental Principles and Rights at Work. Where FIFA may have adverse - FIFA‘s Anti-Discrimination impacts on the human rights of people Monitoring System for the 2018 FIFA belonging to specific groups or World Cup qualifiers and the FIFA populations that require special Confederations Cup 2017; attention, it will also consider other - the monitoring and enforcement international standards and principles mechanisms for labour rights on that elaborate on the rights of such stadium construction sites for the 2018 individuals, including in particular and 2022 FIFA World Cups in Russia those standards concerning indigenous and Qatar in collaboration with the peoples, women, national, ethnic, Building and Woodworkers‘ religious and linguistic minorities, International (BWI); children, disabled people, migrant workers and their families and human rights defenders. Moreover, where is able to apply effective leverage to FIFA‘s operations extend to situations help increase said enjoyment or where of armed conflict, it will also respect this relates to strengthening human the standards of international rights in or through football. Given the humanitarian law. In line with the nature of its operations, FIFA‘s UNGPs, FIFA is committed to taking involvement with adverse human measures, based on in-depth due- rights impacts is most likely to occur diligence processes, to avoid causing or through its relationships with other contributing to adverse human rights entities. FIFA‘s salient human rights impacts through its own activities and risks include, for example: – Labour to addressing and remediating such rights: FIFA‘s operations are labour- impacts when they occur. In addition, intensive. FIFA directly employs FIFA seeks to prevent or mitigate several hundred people. Moreover, it is adverse human rights impacts that are linked to workers through its directly linked to its operations, engagement with other entities and products or services by its business through supply chains as part of, for relationships, even if FIFA has not instance, the construction of stadiums contributed to those impacts. In line and infrastructure, the provision of with the UNGPs, FIFA will exercise its accommodation and food and leverage, and seek to increase said beverages or the production of licensed leverage where necessary, in goods. FIFA strives to uphold and connection with adverse human rights promote the highest international impacts arising through its business labour standards, in particular the relationships. To this end, FIFA will principles enshrined in the eight core explore and make use of all options International Labour Organization available to it within the said conventions. It implements relevant relationships. procedures in relation to its own staff and seeks to ensure respect for labour FIFA will strive to go beyond its standards by its business partners and responsibility to respect human rights, in the various activities directly linked as enshrined in the UNGPs, by taking to its operations, including through its measures to promote the protection of supply chains. – Land acquisition and human rights and positively contribute housing rights: the construction of to their enjoyment, especially where it infrastructure for FIFA competitions, ethnic, national or social origin, as well as of infrastructure built by gender, disability, language, member associations with FIFA funds, religion, political opinion or any often involves the acquisition of land. other opinion, wealth, birth or While recognising that land acquisition any other status, sexual is primarily the responsibility of the orientation or any other reason. government hosting the respective Furthermore, FIFA places competition or of the respective particular emphasis on member association responsible for identifying and addressing the project, FIFA expects and differential impacts based on promotes the respect of international gender and on promoting human rights standards where land gender equality and preventing acquisition involves expropriations all forms of harassment, and in particular where people are including sexual harassment. resettled in the process. – Security: providing for the safety and security of people Discrimination: discrimination who are attending or are is an issue in the world of otherwise involved in or football both on and off the affected by FIFA‘s events may pitch. FIFA strives to create a impact certain fundamental discrimination-free human rights, such as freedom environment within its of movement, expression and organisation and throughout all assembly. FIFA commits to of its activities. It is committed engaging with relevant host- to addressing discrimination in country governments and all its forms as described in private-sector entities in its article 4 of its Statutes through ongoing efforts to minimise any effective monitoring and such impact, ensuring it is enforcement mechanisms. necessary and proportionate, Article 4 of the FIFA Statutes while taking into account prohibits discrimination of any legitimate security concerns. kind against a country, private FIFA will strive to use its person or group of people on leverage with relevant account of race, skin colour, authorities to ensure that all the rights of football players and those providing safety and will continually evaluate security services for FIFA existing regulations and events, whether from the public processes and, if necessary, or private sector, receive consider additional measures to appropriate training to ensure address respective risks. that they perform their duties in Guided by its human rights approach, line with international FIFA embeds its commitment standards on security and throughout the organisation and human rights. Furthermore, engages in an ongoing due diligence FIFA includes such standards in process to identify, address, evaluate its relationships with private and communicate the risks of security companies that are part involvement with adverse human of its supply chain. rights impacts. FIFA