New Delhi: The Asian Football Confederation has red-flagged multiple provisions of the draft National Sports Governance Bill, citing prohibited “third-party interference” that violates the All India Football Federation’s independence, which could lead to its suspension from world governing body FIFA.
The AFC pointed out the contentious clauses after the AIFF sought its inputs over the bill, following a meeting between national sports federations (NSFs) and the Union government, who wants to introduce it in order to promote good governance in Indian sporting ecosystem.
The government has held discussions with all relevant stakeholders and sought their suggestions and comments by November 10, with the intention of addressing all concerns before formulating the bill and tabling it in the Parliament.
In its observations, the AFC has raised reservations about mandatory provisions for the constitution of NSFs, sports regulatory board of India (SRB), sports election panel, appellate sports tribunal and model election rules.
“It is noted that certain provisions of the Bill may conflict with the provisions of the AFC/FIFA Statutes and the autonomy requirements of football federation (including the jurisdiction of FIFA and the AFC),” the AFC’s legal department said in its comments, which has been sent to the AIFF.
‘Third-party interference’
The bill suggests a stipulation of 10% of the General Body and voting members to be constituted by “Sportspersons of Outstanding Merit from the Athletes Commission” and the Executive Committee having a maximum of 15 members.
“These mandatory requirements may constitute third-party interference as prohibited in the AFC and FIFA Statutes. The AFC/FIFA Statutes state that any form of government interference in the structure, composition, or decision-making processes of a football federation can be viewed as a violation of their independence,” the continental body said.
“Any interference by a third party may have serious implications, including the suspension of the football federation by the FIFA/AFC, thus affecting its ability to participate in official FIFA/AFC international competitions.”
Chapter 13 of the bill states that the consequences of non-compliance may lead to suspension and/or cancellation of the NSFs recognition while permitting the Sports Regulatory Board (SRB) to setup an ad-hoc normalisation committee and granting power to a sports election panel established by the government to oversee elections of the executive committee.
The AFC added that the provision to authorise the SRB to setup an ad-hoc normalisation committee “appears to conflict with the FIFA Statutes which already provides for the process of setting up normalisation committees” while formation of a sports election panel “appears to be a third-party intervention in the internal election processes of a football federation”.
“The AFC/FIFA already has mechanisms in place to oversee the elections of football federations.”
‘Problematic’
The bill also provides avenue for the establishment of an Appellate Sports Tribunal to which all ongoing cases in Indian courts involving sports federations would be transferred.
“… it is crucial to ensure that the tribunal respects the internal dispute resolution processes of the football federation, as required by AFC/FIFA,” the AFC remarked.
“Furthermore, as the Tribunal’s decisions are subject to appeal to the Supreme Court of India, clarity is needed on the nature of cases that can be escalated to the tribunal and how this aligns with the appeal mechanisms provided within the statutes of the football federation, which recognises CAS as the final appellate body.
“This is also problematic since CAS should be the final appellate body for sports disputes arising from a football federation as contained in the All India Football Federation Statutes. This principle flows from the AFC and FIFA Statutes.”
Though model election rules and prescribed procedure to be followed by NSFs in conducting elections may serve as “useful guidelines”, the AFC noted that the “football federation has procedures (in line with AFC and FIFA) that align with its governance structure. Any deviation to the procedures outlined in the football federation’s Statutes may be considered third party interference”.
Sports Minister Mansukh Mandaviya chaired a stakeholders consultation meeting with athletes and coaches on draft National Sports Governance Bill in October. Photo: pib.gov.in
AIFF yet to speak on AFC observations
These observations were sent to the AIFF last month, and a federation official said they have been passed on to the relevant authorities.
“We have included the observations in our draft,” he told News9 Sportspreferring not to reveal his identity.
But sources within the Sports ministry claimed they are yet to receive any intimation from the AIFF regarding such communication from AFC.
“The ministry is committed to resolving any concerns raised by stakeholders. If any such communication is received from AIFF, it will be given due consideration,” the Sports ministry source added.
The ministry has already conducted six meetings with various stakeholders, including NSFs, athletes, coaches and lawyers, with the aim of taking all points of view into account to eradicate all objections before formulating the final draft and placing it in the Parliament.
It was expected to be tabled in the Winter Session but has been pushed back to the Budget Session after delays in the time-consuming effort of collating all inputs.
Apart from the AFC, Indian Olympic Association president PT Usha has also voiced her concerns about certain provisions of the bill, informing Sports Minister Mansukh Mandaviya that the proposed regulatory authority could undermine autonomy of the IOA and NSFs, resulting in international suspension.
Comments are closed.