HOW YOU PLAY THE GAME Papers from The First International Conference on Sports and Human Rights 1-3 September 1999 Sydney, Australia Edited by Tracy Taylor University of Technology, Sydney Faculty of Business Publications www.business.uts.edu.au/leisure/index.html ISBN 1 86365 566 2 Published 2000 Sponsored by: ATSIC Aus.Aid Australian Youth Foundation Law Foundation of New South Wales NSW Department of Sport and Recreation Physico Sport Canada The British Council The Human Rights Council of Australia University of Technology, Sydney Waverley Council TABLE OF CONTENTS Preface i Introduction iii Messages iv-x Distinguished Public Address by Sir William Deane xi-xiv PRESENTATIONS IN PROGRAMME ORDER Sporting Symbolism on an International Stage: The Right 1 to Appeal to Humanity Darren Godwell The Olympic Experience: An Aboriginal Perspective 9 Alwyn Morris Rules Beyond the Game 12 Chris Sidoti Sport and Social Development in Africa: Some Major 18 Human Rights Issues Richard Giulianotti Beyond A Boundary - Sexual Harassment in Sports Employment 26 David McArdle Sport, Human Rights and Industrial Relations 31 Braham Dabscheck Child's Play: In the Best Interests of the Child 55 Patricia Stirbys Athletes Fighting for their Right to Compete - A Case Study 60 Rosa Lopez D'Amico and Catherine O'Brien Sport and Human Rights in the Early Years of the German 64 Democratic Republic (GDR) Wolfgang Buss The Human rights of the Genetically Engineered Athlete 69 Andy Miah The New Racial Stereotypes of the 1990s 78 Richard Lapchick The Ideals of Olympism 88 Janet Cahill Olympic Games and the Citizens: A Look at the Potential Impact 92 of Hosting the Games Charlene Houston Enhancing Healthy Mega-Events: Planning for Health Rights 96 Martin Horrocks and Donald Stewart Mega Events and Human Rights 102 Brent Ritchie and Michael Hall Being Visible: Gay Games and Cultural Festival, Sydney 2000 116 Stuart Borrie Histories of Homebush Bay and the Sydney Aboriginal Fight 121 for Recognition Emma Lee Sharing the Spirit: The Impact of the Sydney 2000 Olympics 124 on Human Rights in Australia Beth Jewell, Kylie Kilgour Football (Offences & Disorder) Act 1999: Football Fans 129 Cry Foul? Siobhan Leonard Kicking Rights into Touch 132 Mark James Drug Testing, Human Rights and the Law 136 David Kinley and Luci Rafferty Drugs, Sport and Human Rights 141 Michael Burke and Terence Roberts Reconciliation and Olympism - The Sydney 2000 Olympic Games 148 and Australia's Indigenous People Michelle Hanna 'Levelling the playing field …' Indigenous Footballers, 152 Human Rights and the Australian Football League's Racial and Religious Vilification Code Greg Gardiner Reclaiming Aboriginal Identity through Australian Rules 159 Football: A Legacy of the 'Stolen Generation' Stella Coram Ethics and Moral Behaviour in Sport: A Human Rights Issue 165 Doris Corbett Where's the Umpire? The Code of Labour Practice for Goods 176 Licensed to Carry the logs of the Sydney Olympics and Paralympics Tim Conner To Serve and to Sell: Media Sport and Cultural Citizenship 182 David Rowe PREFACE … the importance of the relationship between human rights and sport in our modern world is not confined to the rather obvious proposition that human rights, and the principles and standards underlying them, should be observed and promoted in both international and national sport. Sport itself, both international and national, can – and has in the past – played an extraordinarily significant role in advancing human rights, particularly among some of the world’s most disadvantaged and vulnerable people. Sir William Deane, Governor-General of Australia When the Human Rights Council of Australia first approached the Aboriginal and Torres Strait Islander Commission (ATSIC) in 1998 for advice on the proposal to hold the first ever international conference on sport and human rights, it was already clear that the 2000 Sydney Olympics would be demonstrating that sport and politics do mix. For the year 2000 was also the year that reconciliation between Australia’s indigenous people and its later arrivals should have been confirmed in a national movement of solidarity, when past and present injustices would be recognized and when a commitment to redress them would be given by the Australian people and by their elected representatives. Instead, at a time that the eyes of the international community will be on Australia and when thousands of media representatives will be seeking background to the Olympics, the continuing denial of the human rights of the first inhabitants will frame each and every story beamed back into television sets and internet sites around the world. Those early discussions with ATSIC and with others also brought home to the Human Rights Council the range and complexity of issues thrown up by an exploration of the relationship between human rights and sport and the contribution that sport has made and can make to the welfare and wellbeing of millions world-wide. This extraordinary range of issues is reflected in the proceedings of the conference. Topics of the presentations and panel discussions include the rights of athletes in the context of drug- testing and performance enhancement, the rights of fans to travel freely and to access sporting events, the rights of communities affected by the mega-events that impact on their habitat and their daily lives, the rights of women to equal access to sport and to equal recognition of their achievements, the rights of children to protection from exploitation, the right of those suffering discrimination in sport, and the responsibility of sporting manufacturers to protect the right of their workers. One unique aspect of the conference was the inclusion in the proceedings of athletes who were not asked to necessarily present formal academic papers but to speak about their experiences in overcoming intolerance and disadvantage and the issues they had to confront in order to compete. To further underline the community focus of the conference, Aboriginal children from outback northern Australia were invited to meet their sporting heroes and to be presented to the Governor-General. Sadly, an invited team of young Liberian soccer players, rehabilitated through sport from the effects of years of civil strife, were not granted visas. The How You Play the Game Conference has generated broad interest both in Australia and beyond. It has had an impact on the agenda of the United Nations Committee on Economic, Social and Cultural Rights and has received high praise from the United Nations Children’s Fund. We hope that this collection of papers will lead to further exploration on the contribution of sport to the protection of human rights and become a resource for both those who study sport and those who enjoy it as participants or as spectators. André Frankovits The Human Rights Council of Australia INTRODUCTION The University of Technology, Sydney is pleased to support the publication of the papers presented at the First International Conference on Sports and Human Rights. The following collection of presentations includes all papers that were submitted to the conference organisers prior to the printing deadline. While a number of the conference presentations are not represented in this document the material published here is a good representation of the range of topics covered during the conference. The papers are presented in the order they appeared on the official conference program. Style and length of papers varies as the presentation format was left to the discretion of the author(s). Therefore the responsibility for content rests with the individual contributors. At this point I would like to acknowledge the tireless work of Sue Harris in liasing with authors, sorting the papers and typing the document. The diversity of topics tackled in the papers presented here is a testament to the wide-ranging impact of sport on human rights. A number of the authors have challenged current sporting practices and called for sport to be more cognizant of human rights issues, while other papers articulate how sport has assisted in promoting understanding of and respect for human rights. The Human Rights Council of Australia is to be congratulated for launching this inaugural conference on Sport and Human Rights and hopefully this is just the beginning. Tracy Taylor UTS, School of Leisure, Sport and Tourism Faculty of Business A message from The Human Rights Council of Australia Distinguished guests, ladies and gentlemen, responsibilities. That exploitation can affect colleagues and friends. both players and fans. On behalf of the Human Rights Council of During this conference we will hear of the role Australia let me extend to you a warm welcome that sport has played in the past to overcome to 'How you Play the Game: The Contribution discrimination and racism, and in the of Sport to the protection of Human Rights'. overthrow of unjust regimes. We will be told of the challenges facing society and particularly This is the first ever conference on sport and athletes, in achieving equal access and equity. human rights and it takes place almost exactly We will look at the way that children, women, one year away from the Sydney 2000 workers and the disabled can be protected in Olympics… the Millennium Games. and through sport. We will hear of the impact on people of mega-events such as the Olympics This first gathering of its kind, it will be looking and the civil liberties implications of drug at what the human right to play sport - and it is testing. a right which is recognised in the Olympic Charter - what the human right to play sport These are human rights issues. These are means in practice and how we can learn from political issues. The victims of the Maccabiah the experiences of the past to make sure that the Bridge disaster can testify to that. The Olympics fulfill their potential to benefit sportsmen and women who will be with us people's lives in the future.