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Home arrow newsitems arrow CoE to Boost Athletes' Human Rights after Anti-Doping Zig-Zag Row between Russia - SKorea Olympics

CoE to Boost Athletes' Human Rights after Anti-Doping Zig-Zag Row between Russia - SKorea Olympics

Автор ACM
Вторник, 20 Март 2018
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*Strasbourg/CoE/Angelo Marcopolo/- Acting Fast, After the Recent Olympic Games' Row, which initially Excluded, Before Later Restoring to their Rights, many Russian Athletes, regarding Doping Allegations, according to Controversial Procedures, for the First Time, a consistent Draft "Charter of Athlete Rights" was Discussed in Strasbourg, in view of a possible adoption in a Few Months' Time,  at CoE's 47 Member States-strong PanEuropean Organisation for Human Rights, Democracy and Rule of Law, in Cooperation with the Global Anti-Doping Agency (ADA), during an Exceptional International Conference co-Organized Together with CoE's Anti-Doping Convention's Experts, (a European Legal Text, Open for Signature to All Countries in the World).


While, on December 2017, IOC had Banned Dozens of Top, Prize-Winning Russian Athletes, and Stripped them from the Medals and Titles that they had Won, allegedly thanks to Doping, exceptionally Excluding even the Country as such, from the Latest, 2018 Olympic Games at PyeongChang, in South Korea, because of Doping Allegations Dating since the Previous Olympic Winter Games of 2014 at Sochi (Russia), suddenly, on February 2018, the Court of Arbitration on Sport (CAS), cancelled many of those rulings,  reversed or, at least, reduced and limited several others, after Finding that they Lacked of Sufficient Evidence, had been obtained after Controversial Procedures, and/or were DisProportionate, etc. But that Rectification came too Late, for the concerned Athletes, who were Excluded from the 2O18 Olympic Games, added also to various Other Negative Repercussions to the Detriment of their Honor, Reputation, Social and/or Professional Lives.


+ By a Timely Coincidence, the Experienced Russian Health Minister, Veronika Skvortsova, (who has Recently been Elected also President of  the World Health Organisation (WHO)'s Assembly at nearby Geneva), was Today in Strasbourg, where she met with CoE's Secretary General, Thornbjorn Jagland this Same Morning.

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=> - "Athletes' Human Rights must be Protected, and their Voices Heard" : This "Issue ..will be addressed at (CoE's) Next Conferene of Ministers responsible for Sport, which will take place in Georgia, on October" 2018, Announced, from the outset, CoE's Deputy Secretary General, Gabriella Battaini-Dragoni, (who has also a personal Experience on that area, since she has served also as former Sports' Minister).


-  Indeed, "the Credibility of the Anti-Doping" Institutions, as well as "the Human Rights of Athletes" require to Act, particularly for their Right to a "Fair Hearing" by an "Independent and Impartial" body, similar to that of EConv.HR's "Article 6", etc. For that, we need to hold sincere and open "Discussions" with all the stakeholders, pointed out ADA's vice-President, the MInister for Children and Equality from Norway, Linda Hofstad-Helleland.


- We want that forthcming "Charter" on Athletes' Rights "to be Robust", and, for that purpose, we must "add Input to the Process" if its Preparation, while also meeting the relevant "Time Deadlines", incited the President of CoE's Anti-Doping Convention's Monitoring Group, Anders Solheim, who introduced to the Debates which followed, (partly Open to the Press, partly "In Camera").


- Several among the Participants to that Debate, (taken among Athletes, NGOs, Experts, etc), Criticized what they found to be the "too Complex", sometimes even "Confusing", character of the current Legal Texts and/or Mechanisms used in the Anti-Doping activities, asking to "Clarify" them for the Athletes+.


=> - "Whenever we speak about Sochi (Comp. Supra), I'd better Put my Glasses on !", characteristically Joked, in this regard, the former Football Player, and currently Chie Technical Development Officer at the FIFA, Marco Van Basten, during a Dialogue between Experienced Athletes, Together with another former Footballer, Jan Age Fjortfoft, from Norway.


+ Other Participants tno that Debate prefered to Focus on the Need for "Transparency" of the relevant Procedures, and for the "Independence" of those due to take Decisions.


++ Last, but not least, several Participants asked for "Efficiency", and "to Make Sure that the Rules are Applied to everybody", etc.


The 2nd Debate, about the Concrete Measures, with which CoE intends to Boost Athletes' Rights, was held Behind Closed Doors (for the Press).


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=> "Eurofra" found, meanwhile, CoE's Draft "Declaration" about the forthcoming "Charter of Athlete Rights", which is a Document of 5 Pages, in the form of a Legal Convention with 17 Articles :


 - "Sport is Controlled by International ... Federations, National ... Organisations, Professional .. Leagues, Employers, Businesses and Governments", while "Athletes are the Public Face of Sport, and Athletic Performance is fundamental to the Prestige, Popularity and Viability of Sport". In consequence, "the Politisation and Commericalisation of Sport Today, sees a Failure to uphold the Humanity of Sport and the Dignity of the Player, and a Violation, by Sports' Organizations, of Internnationaly Recognized Human Rights", COE's Draft notes from the outset.

 - "Education, Health and Safety", "Equality of Opportunity", "Fair and Just Sporting Conditions", "Privacy" and "Protection of Name, Image and Performance" and "Rights of the Child", as well as "Freedom of Expression", "Representation", "Access to Court", "Procedural Justice" and "Right to an Effective Remedy", concerne the Substantial Rights of the Athletes, and the Means to Defend them.

+ "Freedom from Doping and Corruption", as well as the "Duty to Respect the Rights of Others and (to) Advance Sport", go more in the Direction of their Obligations, (even if CoE's text also speaks of "Freedom from Doping", and about "Athlete"'s "Right to a Sporting Environment ...Free of" Doping) :


- "Doping"'s Definition is considerably Simplified, (compared to the Complex and Confusing original Definition in the Anti-Doping Connfession) : It's just "Using Banned Substances".  

      
- Relevant "Genetic Manipulations" should, normally, be Included into that, since almost All of them use some kind of "Substances", noted a CoE's Expert, speaking to "Eurofora". Moreover, CoE's Draft calls also to "Presetve teh Integrity of Spot, ...Fee from ...Manipulation" (etc), she pointed out, in his regard.


+ At the same time, "Every Athlete has the Duty to Advance and Promote the Interests of his .. Sport and Community", and to Help "Ensure that Everyone can Enjoy Sport, and that the Health of Sport and the Social and Cultural role in Society is preserved", CoE's text concludes.  ,


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 >>> Curiously, this CoE's "Charter" does Not contain any Definition of what is an "Athlete"... Therefore, "Eurofora", speaking to CoE's Experts, suggested that, in fact, this New Draft might implicitly Refer to the Crystal-Clear Definition already Given by CoE's Anti-Doping Convention, according to which : - ""Sportsmen" .. means those Persons who Participate Regularly in organized Sports Activities". (Article 2).


An eventual Professionalisation is Not a matter of Definition of what is an "Athlete". But, on the Contrary, a "Right", that "every Athlete has", "to Share Fairly in the Economic Activity and Wealth of his .. Sport, which Athletes helped generate", (i.e. If and When he might Wish to do so), as it results from CoE's Draft "Charter of Athlete's Rights" (Article 6, on "Economic Activity").

 

20180320_113758_400 


In other words, it Reminds (mutatis-mutandis) the Definition of "Journalism" already given by 2 landmark Decisions of the Inter-American Court, as Early as since 1985, as a Person engaged in a Regular Activity of Searching, Formulating and Publishing News of General Interest for the Society, that a Recent CoE's Book on "Press Freedom" published on March 2017, by a Team of Experts (including the new Secretary General of the European Federation of Journalists from Brussels, etc). Something which is, obviously, much more Closer to ECHR's Case-Law, than a merely "Fiscal" Description of some Bureaucrats who, curiously, insist to Reduce the Noble Vocation of "Journalism", only to a mere ..."Card" attesting what kind of Business might Pay the Majority of an Individual's Revenues (sic !)...


I.e., CoE naturally Prefers, Both for "Athletes" and for "Journalists", a Definition Focusing on the "Substance" of their Real Activities in the Society, instead of Merely Restricting it to a Sly, Fiscal Description, which has Nothing to do with the Substance of the Issue.

(../..)

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Recent developments proved that Europe can suceed to overcome challenges by aiming at great objectives, and this is needed also in 2009, said EU chairman, French President Nicolas Sarkozy.

    - "It's in the name of Great Ideas, Projects, Ambition and Ideals, that EU can overcome" challenges, stressed Sarkozy at EU Parliament in Strasbourg, in conclusion of a dense 7 months EU Chairmanship. "It's even easier for Europe to have Great projects, able to overcome national egoism, instead of limiting itself only to small projects" (unable to do alike), he observed.     

- "Europe must remain Ambitious and understand that the World needs her to take Decisions". "The World needs a Strong Europe", which "thinks on its own, has convictions, its own responses, its imagination" : "A Europe which does not limit itself into following" others, (as it did in the Past, when it followed USA, f.ex. on Bosnia). On the contrary, "Europe should undertake its own responsibilities", he said, after a series of succes in stopping the War between Russia and Georgia, and organizing the 1st EuroZone's Summit in Paris, which incited the Washington DC G-20 Summit to extend similar decisions World-wide.  


    - "When you sweep it all under the carpet, prepare yourself for hard tomorrows", he warned. "What hinders decisions is the lack of Courage and Will, the fading away of Ideals", he stressed before EU Parliament's 2008 debate on Human Rights and Sakharov prize on Freedom of thought attributed by MEPs to Chinese cyber-dissident Hu Jia, followed by an EU - Turkey meeting on Friday.

    - "I don't abandon my convictions" and "I will take initiatives" on EU level also in 2009, Sarkozy announced later. "France will not stop having convictions and taking initiatives" on Europe. + "It's an Error to wish to pass over the Heads of those who are elected in their Countries" : "It's an integrism I always fought against"', he warned.
---------------------
French EU Presidency faced 4 unexpected Crisis :

- An institutional crisis, with the Irish "No" to EU Lisbon Treaty, just before it started. A geopolitical crisis, wth the threat of War between Russia and Georgia risking to throw Europe back to Cold-war divisions, on August. A World-wide Financial and Economic crisis, arriving at a bad moment before crucial 2009 EU elections. And even a Strasbourg's mini-crisis, with EU Parliament's roof curiously falling down, from unknown reasons, in a brand new building on August, provoking an unprecedented transfert of the 2 September Plenary Sessions...

But it wasn't enough to stop Sarkozy ! On the contrary, it stimulated him...
---------------------------------------

- "The better way to deal with the recent problems of EU institutions (as the "3 NO" by France, the Netherlands and Ireland) is to take them as a "Test" in order to find solutions closer to Citizens' concerns", said later in Strasbourg Sarkozy's new choice as Ministe for EU affairs, Bruno Le Maire.

- On the Institutional front, Sarkozy gave Time to the Irish to think about it, and stroke on December a deal including a New Referendum after the June 2009 EU Elections, in exchange of a promise to keep the rule of "one EU Commissioner for each EU Member Country", and some opt-outs on Defence and Fiscal EU policies, Abortion, etc. If the Irish get a "Yes" Majority, then the institutional package could be completed in 2010 or 2011 on the occasion of Croatia's probable EU accession.

He was accused in Strasbourg to upgrade EU Council and downgrade EU Commision, but he replied that "strong Political initiatives by EU Council reinforce also the more technical role of EU Commission, under the political-technical leadership of its President", all 3 "working together with EU Parliament".


- But, meanwhile, Sarkozy energetically spearheaded an Historic 1st Summit of EuroZone's 15 Heads of State and Government at EU's core, exceptionally enlarged to a partial participation of British Prime Minister Gordon Brown, on October 12 in Paris' Elysee palace, which started to tackle succesfully the growing world Financial crisis.

    It also paved the way for its endorsement by a subsequent Brussels' 27 EU Member States' gathering, before it all come to Washington's G-20 Summit. And "Europe was united, it asked for the 1st G-20 Summit, and it will also organise the next G-20 Summit on April in London", he observed.   

 But a Conference with EU, Russia, African and other Developing Countries, hosted in Strasbourg shortly after Washington G-20 Summit by the French EU Presidency, took a Resolution asking to enlarge participation to Global Economic Governance. Many found, indeed, illogic and unacceptable that f.ex. states as Turkey were given a seat at G-20 level, while all African Countries, and even the African Union itself, representing the greatest Continent on Earth, were excluded...


    Meanwhile, even USA''s "Paulson No 3" Plan, was, in fact, inspired by Europe's No 1 Plan", Sarkozy observed, largelly applauded by MEPs.

    And "Europe showed Solidarity" by mobilizing some 22 Billion credit for Hungary, 1,7 billion for Ukraine, as we do nowadays for Baltic States, etc., he added.

    The move on Economy was extended on December by an EU stimulus' plan totalling some 200 billion Euros, including 5 Billions released by EU Commission for big Projects, as well as various parallel National plans for Economic revival, (fex. 26 billions in France alone). They might appear limited, compared to USA President-elect Obama's reported plan to boost the American economy with 800 billion $, but at least succeded to overcome Europe's divisions for the first time on Economic governance, opening new horizons.

- The French President stressed even harder the unique role of an active EU Council's chairmanship, when he moved swiftly and efficiently, at the beginning of August, to succesfully stop War between Russia and Georgia, at the last minute, which threatened to bring Europe back to Cold War division.

"We (EU) also wanted to avoid a situation like in Bosnia, in the Past, when EU was absent, so that our American friends took their responsibilitues, and EU only followed", despite the fact that the conflict took place in Europe. Now, it was the EU who took its responsibilities".

A roadmap towards a new PanEuropean Security policy, before which all unilateral moves to place new Missiles (from USA or Russia) would be freezed, was proposed by Sarkozy after a meeting with Russian president Medvedev, at the eve of Washington DC's G-20 Summit.

Ukraine's "European" character was stressed at a Sarkozy - Jushenko Summit, September in Paris, while EU adopted on December an "Eastern policy", in which, "I'm convinced that our (EU's) future is to find with our Neighbours the conditions for Economic Development. Peace and Security, by explaining them that.. they must respect (Human Rights') Values, and adopt behaviors different from the Past", explained Sarkozy in Strasbourg.

Meanwhile, the "Union for the Mediterranean" was created, since July's Summit if 45 Heads of State and Government in Paris, as "an organisation for a permanent Dialogue, that we need", mainly in order to tackle the Israeli-Palestinian conflict, by bringing together, for the 1st time, Israelis and Arabs, where "Europe must be present, in order to avoid a frontal clash".

- "If Europe doesn't take its part for Peace in the Middle-East, nobody else will do that in our place", Sarkozy stressed.
-----------------------
    Meanwhile, other EU Agreements were brokered during the French EU Presidency on Immigration, (fex. common Asylum rules, etc), and Climat- Energy :

    - On Climat-Energy, the 2007 German EU Presidency had fixed a triple 20% aim for 2020 (20% renewable Energies, 20% reduction of CO2 emmission, 20% energy efficience/economies), and the 2008 French EU Presidecny realized that, making the necessary compromises in order to modernize EU's industry, but without throwing some former Central-Eastern European Countries into abrupt Economic break down risking "social explosion".

    - Defence-Security EU policy was mainly postponed for April 2009, since both German chancellor Merkel and French president Sarkozy want to strike a deal with the new American president Obama in Strasbourg's NATO Summit.

    However, with all these 4 unexpected Crisis diverting attention to other urgencies, People wil wonder now, what happened to the famous deal proposed by freshly-elected French President Sarkozy on Turkey's controversial EU bid, back on August 2007, to continue EU - Turkey negotiations, but on the double condition that core chapters, intrinsequally linked with EU Membership, will be excluded, and that a collective Reflexion and Debate on Europe's future would start before the end of 2008.

    It was meant to reply to the crucial question : What kind of Europe do we want in 10 or 20 Years from now : A large Market, or a Political Europe, with a popular identity ? In Sarkozy's thinking, presented in his 2 landmark speeches on Europe in Strasbourg, shortly before and after the 2007 Elections, (on February and July 2007), Turkey's controversial EU bid would be incompatible with the second choice.

    It's true that EU Commision's Chairman, Jose Barroso, (who had notoriously declared, as former Portuguese Prime Minister, that he found "nonsense" the idea that Europe might become equal to the US), had repeatedly tried to avoid that Sarkozy's criticism on Turkey might start winning a larger audience in Europe, preferring a discrete "wismens' committee" work. And that most of the personalities later chosen in order to participate in a Committee on Europe's Future, are too much linked with Socialist parties and/or American policies, to be really critical of USA's notorious wish to impose Turkey to the EU, as Sarkozy had noted himself since March 2007..

     - "It's on EU Council's presidency to take political initiatives. EU Commission has other competences", stressed Sarkozy. The "European Ideal" is to "build Europe with the States, not against them". "Ask Europeans to chose between their countries and Europe won't work. You don't choose between your two parents : We must add them together".

    "France and Germany have an Historic Duty to work together, precisely because of what happened to the Past. We have to work hand by hand. We cannot be separated.It goes beyond me and Mrs Merkel today, Mr Schroeder and Mr. Chirac yesterday. It's not a choice, it's a duty to Europe and to the World".  "We need Germany, as Germany needs Europe". Compromise is inevitable, here as everywhere, and each one made some steps towards eachother's positions.

    But "it's true that Mrs Merkel didn't chose her Socialist partners, while I chose mine", Sarkozy said, in an indirect hint that the Socialist Minister of Finance in Germany might be a cause of minor past disagreements in Economy, which were overcome in recent negotiations.

    "We (France and Germany) have particular duties in Europe", but "in a Europe of 27 Member States, it's not enough for France and Germany to agree between them.

    "I always thought that Great Britain has a special role to play in Europe. ... Now, everybody "saw what it cost payed the UK for having been too exclusively open towards the US (and) Financial services. Europe needs the UK, but also the UK needs Europe" :- "We were able to face the hardest moment of the Financial crisis because the UK clearly chose Europe", stressed Sarkozy, reminding Gordon Brown's exceptional participation to the Historic 1st Heads of State/Government Summit of EuroZone, October 12 in Paris (See EuroFora's Reportage from Elysee Palace then).

     - "Some look at Europe with old glasses aged 30 years ago. While we must look at her in relation to what it will be in 30 years" in the Future, Sarkozy concluded.

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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