Remarks by Bjørn Berge, Deputy Secretary General of the Council of Europe

Dear Friends, dear Anders, dear Rune,

It is an honor to take part in this important occasion – the 20th anniversary of Anti-Doping Norway.

The Council of Europe is a rule of law organisation.

We also work hard to ensure that the respect for human rights is integrated in all the important activities we do in the area of sports.

Recently we adopted a new 4-year strategy on value-driven sports in Europe, where the follow-up of three European treaties – conventions – that focus, respectively, on: – anti-doping; – combating match-fixing; and third and last – ensuring that you and I, our families and friends, can be safe and secure when we attend sports events –

In other words how we can combat spectator violence at football matches and other sport events – these are all at the very centre of our work.

In Europe, we have also established a unique platform, where governments, sport organisations and civil society, can come together to discuss and adopt new policies and initiatives on sports, or inform each other and share best practices.

We call this platform – the Enlarged Partial Agreement on Sport – in short – EPAS.

We also encourage our best experts in combating corruption and promote good governance – such as the Group of States Against Corruption (GRECO) – to be actively involved also in sports, as well as the European Commission against Racism and Intolerance (ECRI) to help sport organisations – at both national and international level – to fight racism, discrimination, but also to help us do more to ensure gender equality in sport –

And together with the current Swedish Presidency in the EU, we just launched a few weeks ago, a new project on promoting women in sports – at all levels (“All-in +”).

Well, this is just to give you a little overview of the work that the Council of Europe – which has 46 European countries as member states – is doing every day, in the remit of sports.

But back to the issue of combatting doping in sports.

Yes, this challenge is very much with us, regrettably, despite all our many efforts, over a long period of time.

Even though it is more than 30 years ago – in 1989 – the Council of Europe adopted its Anti-doping Convention.

Which aims include ensuring regular doping control procedures –

And making it harder to obtain banned substances.

This first-of-its-kind treaty was ratified by Norway and by countries throughout Europe and around the world.

And as changes takes place, sometimes with incredible speed, it was updated by a new Protocol in 2002.

But make no mistake, the Anti-doping Convention is still as valid today as it was three decades ago.

Since then, we have supported the establishment of the World Anti-doping Agency, WADA, nearly 25 years ago.

And we helped it develop both its 2004 World anti-doping code –

And its world anti-doping programme, which has widened from a purely punitive approach –

To a more athlete-centered way of working, taking also account of competitors’ rights and interests.

In addition, and as we need to ensure that legal agreements, treaties and conventions are effectively implemented and followed-up by our member states, we have established a Monitoring group of the Council of Europe’s Anti-Doping Convention, which regularly travels to countries and meet with government representatives, relevant national sports institutions, and national anti-doping agencies, to help support the development of more coherent and effective anti-doping systems at national level.

At the same time, the Council of Europe work also very closely with ministries responsible for sport, and other national institutions – including law enforcement and judiciaries.

So, overall, we have today a very comprehensive anti-doping system at the national and European level, and I will say, as well as around the world.

Norway, in common with other member states, established early its own, dedicated NADO.

In this way, it does not need to rely, as many other countries do, on their National Olympic Committees to carry out such work.

Anti-doping Norway has underlined the need to use fair and efficient procedures that produce results and respect athletes’ rights.

I also note that over the years, you have in Norway developed partnerships with a variety of different NADOs to exchange ideas and share best practice.

This is good.

Reaching out to others is really important, as you have done through your recently developed partnerships with China, Kenya, and Georgia –

In return, this has no doubt also strengthened the quality of national anti-doping programmes, including when it comes to education, investigations, fair procedures and so on.

On top of that, Norway hosts today one of the 30 WADA – accredited anti-doping laboratories around the world –

All of these efforts, contribute significantly to the move towards a global anti-doping system that is effective, value-based and ensures a human rights-driven approach to combating doping.

But at the same time, there is no doubt that athletes – like everyone else –

Should be entitled to privacy, integrity, and dignity.

The Institute of National Anti-doping Organisations (iNADO), is also playing a central role in driving this change of approach.

Its Declaration of Guiding Principles for the Future of Anti-doping outlines six concrete areas that need further attention at the national level.

So, what are these six iNADO Guiding Principles, and what are we doing to help implement them?

The first concerns the athlete’s voice.

We must take care to listen to athletes themselves.

That way, we will be better placed to truly understand their concerns and interests – and address them.

Doing this demonstrates respect for the heavy responsibility that sportspeople bear to ensure clean sports.

Athletes should therefore have the right to elect their own representatives –

And to provide feedback on all new developments in the governance of anti-doping.

Athletes have a defined “right to be heard”.

This means that anyone alleged to have broken anti-doping rules should have the chance to present their case to a panel, either in person or in writing –

And be treated fairly throughout proceedings.

More broadly, it is encouraging to see that more and more NADOs have an Athletes’ Council –

Giving sportspeople themselves a direct say and role in decision-making processes.

Athletes’ Unions and sports organisations are also participating in Council of Europe anti-doping activities –

But we are looking at further ways in which we can make sure that their involvement is even stronger.

Closely related to this is iNADO’s second Guiding Principle – justice.

Justice requires objective investigations, due process, transparency, and proportionality.

Here, iNADO is very clear that “everyone in sport is entitled to a right of justice based, as a minimum standard, on the Universal Declaration of Human Rights and the European Convention on Human Rights” –

The European Convention on Human Rights, to which all 46 Council of Europe member states have committed themselves –

And whose Article 6 – the right to a fair trial – has guided the elaboration of the Council of Europe’s general principles on fair procedure in anti doping proceedings –

Which require fair proceedings for the independence of investigations –

And because scrutiny is vital, hearings, in principle, should be in public – and all decisions should be published.

But in Europe today, anti-doping proceedings are still too often conducted behind closed doors.

So, I welcome that the Latvian Presidency of the Council of Europe has decided to dedicate a special conference to this topic in October of this year.

Building upon a set of ground-breaking general guidelines on fair procedure in anti-doping proceedings, that were hammered out, under the leadership of Anti-doping Norway and you, Anders, and which were endorsed by all the 46 member states of the Council of Europe last year.

I sincerely hope that European governments and others will take inspiration and start implementing these guidelines, in addition to the six principles that I just referred to, which were adopted by the Institute of National Anti-doping Organisations.

Further progress is definitely required.

Added to this, athletes often cannot access the information they need to defend themselves –

Depriving them of the transparency and information that they – and we – require to have faith in the system.

All of these issues are addressed directly in the guidelines on fair procedure that we adopted last year –

Independent investigations –

The composition, independence, and impartiality of the panel –

The public nature of the hearings –

Access to documents, and so on.

A way forward – a good practice is laid out clearly.

More than that, many of these matters also respond directly to important judgments from the European Court of Human Rights in Strasbourg, which all 46 European countries have an obligation to execute.

So, where European countries fall short of meeting these standards, they should act at once.

Because, like sport itself, anti-doping justice should always be fair.

Of course, there is an added premium on discouraging athletes from doping in the first place.

To work on prevention.

That’s why education is the third Guiding Principle.

Anti-doping organisations are asked to run targeted programmes, that engage athletes and maximise deterrence.

Also in the Council of Europe, we pay particular attention to the importance of education programmes that help competitors, in particular young athletes, understand the consequences of doping.

But we also know that such programmes should not be limited to athletes themselves.

Coaches, doctors, and health professionals –

As well as families, sports officials, and others –

All of them form part of an athlete’s entourage –

And each must be aware of the implications of doping for themselves, for the athlete, and for the integrity of sport.

That is why we have now set up a specialist group –

With education experts from European NADOs –

To develop joint, specific, and targeted education programmes that reach everyone concerned.

But we need to do even more – and I look forward to more progress in this area in the years ahead.

iNADO’s fourth Guiding Principle is quality of delivery and innovation.

What does this mean in practice?

It means embracing new technologies, methods, and approaches to anti-doping –

So that progress and responsibility go hand-in-hand.

Research is really fundamental, as we need to be one step ahead of those who cheat – the dopers.

Looking to the future, scientific research will help ensure this.

For example, there is hope that we will, sooner or later, find alternatives to urine sample collection –

So that we can have a testing system that is equally reliable, but less intrusive.

Here, I want to raise another important matter – gender equality.

This is an important issue for every society, including its sports.

Specifically, on anti-doping, the Council of Europe Group of Experts, in which Anti-Doping Norway remains actively involved, is now looking at what can be done to enhance gender equality.

These Experts have reviewed the most important and relevant international instruments –

Including the 1989 Anti-doping Convention–

But also, the World Anti-doping Code –

And specific international standards with a gender perspective angle.

47 NADOs and international sports federations have provided information on their practices by replying to a specially designed questionnaire.

One to one interviews with athletes and anti-doping stakeholders will take place over the coming weeks, with conclusions expected before the end of the year.

Hopefully this will provide insights and new ideas about how to ensure true equality in this area –

The fifth Guiding Principle is good governance.

This means protecting anti-doping from undue influence –

In fact, any influences other than those seeking to protect clean and honest sports –

With policies designed to prevent conflicts of interest and loyalty –

And to deal with them where they do arise.

This is closely aligned with the sixth, final and fundamental Guiding Principle –

The separation of powers.

There must be a clear division between the roles and responsibilities of the legislature, the executive, and the judiciary.

This is a requirement of democratic government –

So as to ensure that the anti-doping community is detached from political control and influence, if it is to have the confidence of athletes – and the public.

So, there must be proper independence for NADOs and anti-doping procedures.

The Monitoring Group that oversees our Anti-doping Convention has found that progress has been made here.

But there are still examples of NADOs whose management is too close to Sports Ministries.

This must change.

Related to this, let me briefly comment on an outgoing debate here in Norway:

I have followed the discussion in the Norwegian media on the proposals to move the responsibility for hearing and appeal panels –

And for adopting national antidoping rules –

From the Norwegian Olympic Committee (NOC) to the NADO.

The independence and impartiality of these panels – both real and perceived – is fundamental for the credibility of decisions over antidoping rule violations.

Ensuring that independence for Norway’s hearing and appeals panels, from sport organisations and NADOs, is therefore an important step, and would be in line with the recommendations of the Council of Europe.

I also understand that the Ministry of Culture and Equality – that the Norwegian government – is currently studying the feasibility of proposing new anti-doping legislation, which will also address these issues.

While there are many ways to organise the hearing and appeals panels across the globe, one of the fundamental pillars in Europe is the Rule of Law, and we are therefore very much looking forward to following how this will be organised and regulated in the future.

Dear friends,

I know that all of us here today agree on the need for sports that are rooted in human rights, and the rule of law –

That are values-driven, ethical and inclusive –

And that are overseen by adequate governance structures –

And supported by national and international bodies that all share that ethos too.

Ultimately, it is this partnership approach –

Of athletes and sports organisations, and national authorities and international organisations, working together, that will forge a comprehensive approach to anti-doping in sport.

Every effort should be made to meet the commitments that have been given.

But we should not assume that even this will be enough.

After all, despite all the effort that has already been made, the problem of doping persists.

In amateur sports, and in elite sports even more so.

So, we should ask ourselves: what more might we do?

At the national level, and at the international level as well.

That’s why we need you, to help us come up with good ideas, new initiatives and help us secure an even better cross-border co-operation that will deliver results.

So that we can continue to enjoy the sports that we love – fair sports that we can all believe in – and play true.

Thank you for your attention.