Editor's Note: Daniela
Heerdt is a PhD researcher at Tilburg Law School in the Netherlands. Her PhD
research deals with the establishment of responsibility and accountability for
adverse human rights impacts of mega-sporting events, with a focus on FIFA
World Cups and Olympic Games. She published a number of articles on mega-sporting
events and human rights, in the
International Sports Law Journal, Tilburg Law
Review, and the Netherlands
Quarterly of Human Rights.
In the past couple of years, the Fédération
Internationale de Football Association (FIFA) made remarkable steps towards embedding
human rights into their practices and policies. These developments have been
discussed at length and in detail in this
blog and elsewhere, but
a short overview at this point is necessary to set the scene. Arguably, most
changes were sparked by John
Ruggie’s report from 2016, in which he articulated a set of concrete
recommendations for FIFA “on what it means for FIFA to embed respect for human
rights across its global operations”, using the UN Guiding Principles on Business
and Human Rights (UNGPs) as authoritative standard.[i]
As a result, in May 2017, FIFA
published a human rights policy, in which it commits to respecting
human rights in accordance with the UNGPs, identifies its salient human rights
risks, and acknowledges the potential adverse impacts it can have on human
rights in general and human rights of people belonging to specific groups. In
October 2017, it adopted new bidding regulations requiring
bidders to develop a human rights strategy and conduct an independent human
rights risk assessment as part of their bid. In March 2017, FIFA also created
a Human Rights Advisory Board,
which regularly evaluated FIFA’s human rights progress and made recommendations
on how FIFA should address human rights issues linked to its
activities. The mandate of the Advisory Board expired at the end of last
year and the future of this body is unknown at this point.
While some of these steps can be directly
connected to the recommendations in the Ruggie report, other recommendations
have largely been ignored. One example of the latter and focus of this blog
post is the issue of embedding human rights at the level of national football
associations. It outlines recent steps taken by the German football association
“Deutscher Fussball-Bund” (DFB) and the Dutch football association “Koninklijke
Nederlandse Voetbalbond” (KNVB) in relation to human rights, and explores to
what extent these steps can be regarded as proactive moves by those
associations or rather spillover effects from FIFA’s human rights efforts. More...
Yesterday, 18 May 2016, the licensing committee of the Dutch football
federation (KNVB) announced its decision to sanction FC Twente with relegation to
the Netherland’s second (and lowest) professional league. The press release also
included a link to a document outlining the reasons underlying the
decision. For those following the saga surrounding Dutch football club FC
Twente, an unconditional sanction by the licensing committee appeared to be
only a matter of time. Yet, it is the sanction itself, as well as its
reasoning, that will be the primary focus of this short blog.More...