Back High Level Panel: Time for Europe to act against sports manipulations

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Dear Ministers,
Dear Commissioner,
Ladies and gentlemen,
Sport is essential to democracy.

It is the aspect of civil society in which the largest number of people is involved: organisers, spectators and, of course, the athletes themselves.

Sports connect us: they integrate individual people into something bigger, with a common purpose that serves to strengthen the fabric of our societies.

So when people lose trust that the right athlete won, either because of doping or because of the manipulation of results, then public faith in the system is eroded, and the fabric will fray.

The Council of Europe exists to safeguard human rights, democracy and the rule of law among our 47 member states.

We are here to play our part in promoting good governance, the rights of sportspeople, and the integrity of sports as a whole, so that our sporting events and communities are bound together by trust.

To that end, we have developed three main sports conventions: the Anti-doping Convention; the Manipulation of Sports Competitions Convention; and our new Convention on an Integrated Approach to Safety, Security and Service at Football Matches and Other Sports Events.

The principles enshrined in those conventions extend beyond Europe and many countries outside Europe have expressed an interest in joining them.

And we are of course eager to partner with others who share our aims.

So I very warmly welcome the initiative to bring together all the key actors today – the EU, member states and international stakeholders – to discuss how we can move forward with the Manipulation of Sports Competitions, or Macolin Convention.

In particular, I want to thank you, Commissioner Navracsics, for your engagement, and you, Mr Wenta, for your commitment to this issue in your role as rapporteur.

Adopted in 2014, this Convention is the only international, legally binding instrument that can secure and sustain global co-operation to fight manipulation of sports competitions effectively – and its ratification and entry into force are now urgent.

The Treaty adopts a human rights-centred approach that considers the ways in which manipulation impacts on sport, athletes and society. The scope of manipulations is large, including match-fixing, using clubs as shell companies, influencing player agents, athletes, use of insider information, conflict of interests, illegal betting, bad governance, etc.

It draws on the Council of Europe’s experience and capacity to develop an inclusive co-operation framework with states and other international stakeholders, bringing to them our strong standard setting and experience in monitoring mechanisms.

To date, 29 of our member states have signed it and 3 have ratified.

Two more ratifications are needed for its entry into force, and we know that this will happen imminently.

Almost all EU member states have expressed their intention to do so and many have already become compliant with its objectives and principles.

However, ratification is currently blocked at the EU level.

I hope that the present institutional deadlock will be resolved soon.

Because it will be important for EU citizens to benefit from the EU contribution to the fight against corruption in sport.

By becoming parties to the Convention, EU states would have the possibility to influence important decisions at the critical stage of the Convention’s entry into force.

Certainly, it will be difficult for EU citizens to understand why they are not part of a treaty that the European Union itself had a hand in drafting.

Moreover, in recognition of the breadth and persistence of the issues, states outside the Council of Europe are also interested in joining: these include Australia, Cap Verde, Morocco, Qatar, and others.

This Convention has a global – not only European – reach.

During the drafting of the Convention, questions have been raised regarding the definition of illegal betting as included in the Macolin Convention.

We expect this and other issues to be handled in the work of the Convention’s follow-up committee, which can get to work as soon as the Treaty enters into force.

As you know our Convention is not about regulating betting per se: its aim is to protect against sports manipulation in general, including those areas in which, sadly, betting plays a role.

And let’s be clear: betting operators were key players in the drafting of the Convention and need to continue to be associated in the design and implementation of policies and measures in order to help stave off malpractices.

(Betting is one way for individuals and criminal organisations to take an illicit interest in sport competitions with the aim of making money – and in the crime of sports manipulation there is always a direct or indirect financial objective.

In order to profit from a competition, they may use “inside information” or manipulate results using methods such as extortion, threats, or coercion.)

Money laundering is another aspect that may be linked to manipulation of sports competitions, as betting may be misused to launder the proceeds of corruption.

And extortion, blackmail, violence and the offering of bribes: these are all acts against which protection is required.

The Convention has already facilitated the improvement of national legislation and policies.

In the Council of Europe we have been working since 2016 with key stakeholders, networks of professionals and institutions in order to put in place all aspects of the Convention, making countries compliant, and ready to ratify within and outside Europe.

But while the Convention is influencing behaviour to the good, we need to go the extra mile and put its provisions into force.

This is essential to create a solid legal co-operation space that will maximise our capacity to ward off malpractice – and the political consequences and social and economic costs that will surely be the product of inaction.

The vast majority of stakeholders want this to happen, including government ministers, the judiciary, the police, regulatory authorities – and by the betting industry itself.

And I should also say that we are pleased by the strong interest in the Convention the sports organisations that are our friends and partners, including the IOC and UEFA – with which our Secretary General last month signed a Memorandum of Understanding on our joint co-operation – and FIFA, with which we are also working on an MoU.

As an advocate of sports that are open, fair and clean – and the representative of an Organisation that advances human rights, democracy and, crucially, the rule of law, I believe that this is in the interests of everyone who values fair sports and open societies.

Let’s generate the momentum.

Brussels 5 June 2018
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