Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

UEFA may have won a battle, but it has not won the legal war over FFP

Yesterday, the press revealed that the European Commission decided to reject the complaint filed by Jean-Louis Dupont, the former lawyer of Bosman, on behalf of a player agent Striani, against the UEFA Financial Fair Play (FFP) Regulations. The rejection as such is not a surprise. The Commission had repeatedly expressed support of the principles underlying the UEFA FFP. While these statements were drafted vaguely and with enough heavy caveats to protect the Commission from prejudicing a proper legal assessment, the withdrawal of its support would have been politically embarrassing.

Contrary to what is now widely assumed, this decision does not entail that UEFA FFP regulations are compatible with EU Competition Law. UEFA is clearly the big victor, but the legal reality is more complicated as it looks. More...


The Nine FFP Settlement Agreements: UEFA did not go the full nine yards

The UEFA Club Licensing and Financial Fair Play Regulations have been implemented by UEFA since the season 2011/12 with the aim of encouraging responsible spending by clubs for the long-term benefit of football. However, the enforcement of the break-even requirement as defined in Articles 62 and 63 of the Regulations (arguably the most important rules of FFP) has only started this year. Furthermore, UEFA introduced recently amendments to the Procedural rules governing the Club Financial Control Body (CFCB) allowing settlement agreements to be made between the clubs and the CFCB.  

On Friday 16 May, UEFA finally published the nine separate settlement agreements between the respective clubs and the CFCB regarding the non-compliance with the Financial Fair Play (FFP) break-even requirements. More...

Dahmane v KRC Genk: Bosman 2.0 or Storm in a Teacup?

Mohamed Dahmane is a professional football player of French-Algerian origin, who has played for a variety of European clubs, including French club US Mauberge, Belgian club RAEC Mons and Turkish club Bucaspor. However, he will mostly be remembered as the player whose legal dispute with his former club (Belgian club KRC Genk) revived the debate on football players’ labour rights.  More...

Get Up, Stand Up at the Olympics. A review of the IOC's policy towards political statements by Athletes. By Frédérique Faut

The Olympic Games are a universal moment of celebration of sporting excellence. But, attention is also quickly drawn to their dark side, such as environmental issues, human rights breaches and poor living conditions of people living near the Olympic sites. In comparison, however, little commentary space is devoted to the views of athletes, the people making the Olympics. This article tries to remediate this, by focussing on Rule 50 of the Olympic Charter which prevents athletes from freely expressing their (political) thoughts.  More...

Final Report on the FIFA Governance Reform Project: The Past and Future of FIFA’s Good Governance Gap

Qatar’s successful bid to host the 2022 World Cup left many people thunderstruck: How can a country with a population of 2 million people and with absolutely no football tradition host the biggest football event in the world? Furthermore, how on earth can players and fans alike survive when the temperature is expected to exceed 50 °C during the month (June) the tournament is supposed to take place?

Other people were less surprised when FIFA’s President, Sepp Blatter, pulled the piece of paper with the word “Qatar” out of the envelope on 2 December 2010. This was just the latest move by a sporting body that was reinforcing a reputation of being over-conservative, corrupt, prone to conflict-of-interest and convinced of being above any Law, be it national or international.More...

Doping Paradize – How Jamaica became the Wild West of Doping

Since the landing on the sporting earth of the Übermensch, aka Usain Bolt, Jamaica has been at the centre of doping-related suspicions. Recently, it has been fueling those suspicions with its home-made scandal around the Jamaica Anti-Doping Commission (JADCO). The former executive of JADCO, Renee Anne Shirley, heavily criticized its functioning in August 2013, and Jamaica has been since then in the eye of the doping cyclone. More...

Cocaine, Doping and the Court of Arbitration for sport - “I don’t like the drugs, but the drugs like me”. By Antoine Duval

Beginning of April 2014, the Colombian Olympic Swimmer Omar Pinzón was cleared by the Court of Arbitration for Sport (CAS) of an adverse finding of Cocaine detected in a urine sample in 2013. He got lucky. Indeed, in his case the incredible mismanagement and dilettante habits of Bogotá’s anti-doping laboratory saved him from a dire fate: the two-year ban many other athletes have had the bad luck to experience. More...

Asser International Sports Law Blog | Will the World Cup 2022 Expansion Mark the Beginning of the End of FIFA’s Human Rights Journey? - By Daniela Heerdt

Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

Will the World Cup 2022 Expansion Mark the Beginning of the End of FIFA’s Human Rights Journey? - By Daniela Heerdt

Editor's note: Daniela Heerdt is a PhD candidate 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.


About three years ago, the Fédération Internationale de Football Association (FIFA) adopted a new version of its Statutes, including a statutory commitment to respect internationally recognized human rights. Since then, FIFA undertook a human rights journey that has been praised by various stakeholders in the sports and human rights field. In early June, the FIFA Congress is scheduled to take a decision that could potentially undo all positive efforts taken thus far.

FIFA already decided in January 2017 to increase the number of teams participating in the 2026 World Cup from 32 to 48. Shortly after, discussions began on the possibility to also expand the number of teams for the 2022 World Cup hosted in Qatar. Subsequently, FIFA conducted a feasibility study, which revealed that the expansion would be feasible but require a number of matches to be hosted in neighbouring countries, explicitly mentioning Bahrain, Kuwait, Oman, Saudi Arabia and the United Arab Emirates (UAE). One does not have to be a human rights expert to be highly alarmed by this list of potential co-hosting countries. Nevertheless, the FIFA Council approved of the possibility to expand in March 2019, paving the way for the FIFA Congress to take a decision on the matter. Obviously, the advancement of the expansion decision raises serious doubts over the sincerity of FIFA’s reforms and human rights commitments.


The Human Rights Climate in Potential Co-hosts

The list of human rights issues commonly linked to the potential co-hosts is long.[i] All of them uphold severe restrictions on the freedom of expression and regularly silence activists. Women face discrimination under the law of a number of these countries, and the rights of migrant workers are not adequately protected, leading to abusive situations and forced labour.[ii] Arbitrary arrests and unfair trials and sentencing are widespread in Oman.[iii] Bahrain has a habit of detaining, torturing and deporting human rights defenders and Kuwait refuses to recognize the 100,000 Bidun living in the country as Kuwaiti citizens, leaving them stateless. The latest add-on to Saudi Arabia’s appalling human rights track record is the mass execution of 37 individuals, which proceeded against vociferous criticism from other states and human rights organizations about the lack of due process and allegations of torture having been used to obtain confessions of those convicted and executed. Furthermore, even the highest football official cannot have missed the allegations on Saudi officials being involved in the murder of the journalist Jamal Khashoggi in the Saudi consulate in Turkey in October 2018. Finally, the active involvement of and alleged attacks on civilians launched by Saudi Arabia and the UAE in the Yemen war can also not be ignored.

In addition to these structural human rights issues spread in the region, a number of these countries have been involved in very recent football-related human rights cases. In January 2019, a British football fan, Ali Ahmad, has been detained for three weeks and suffered torture by UAE security officials for wearing a Qatari football jersey to an Asian Cup match between Qatar and Iraq. In February 2019, Hakeem al-Araibi, a football player from Bahrain, now living as refugee in Australia, has been released from Thai prison after his arrest in November 2018. The Thai authorities acted upon an arrest warrant issued by Bahrain, where Hakeem had been convicted in absentia to 10 years in prison for an incident dating back to November 2012. The official allegations were vandalism of a police station, but there is clear evidence that discharges Hakeem of these allegations. Most likely, he became a target of Bahraini government and football officials that identified and persecuted Bahraini football players that were involved in anti-government protests during the Arab Spring in 2012.


The Mismatch with FIFA’s Standing Human Rights Commitments

This brief overview presents just a fraction of the extremely negative human rights track record of the countries that FIFA is considering as potential co-hosts for the 2022 World Cup. In case one of these countries will indeed host a World Cup match, FIFA risks to throw away all efforts that it carefully put into building up its human rights profile in the past three years. After the inclusion of human rights into its Statutes, FIFA created a Human Rights Advisory Board in March 2017, adopted a human rights policy in May 2017, and launched a complaint mechanism for human rights defenders and media representatives in the run-up to the 2018 World Cup in Russia.

Most importantly, in October 2017 FIFA integrated human rights requirements in its bidding requirements for the World Cup following John Ruggie’s recommendation to “set explicit human rights requirements of Local Organising Committees in bidding documents for tournaments and provide guidance on them”.[iv] The revised bidding requirements expect bidders to conduct all bidding and hosting activities in line with internationally recognized human rights.[v] Furthermore, bidders are required to submit a public commitment to respect human rights and a human rights strategy, together with a report on stakeholder engagement in developing the policy.[vi] The new requirements applied for the first time to the bidding process for the 2026 World Cup and while the 2022 World Cup had been awarded before, the new standard forms an integral part of FIFA’s human rights system by now and therefore should be considered in the recent expansion plans.

Interestingly, the feasibility study on the expansion of the 2022 World Cup mentions human rights at several points: in the context of requirements regarding stadiums (p. 32 & 46), as part of requirements for additional infrastructure and sites (p. 46), and as one of the necessary government guarantees to be submitted to FIFA (p.68). Receiving such guarantees from the respective government might not pose a problem. Instead, the real issue at stake is whether FIFA truly cares about its human rights commitments when considering if these guarantees turn out to be nothing but empty words on a piece of paper? FIFA risks failing its commitments by letting any of the proposed countries co-host the World Cup without having done a proper human rights risk assessment.

Despite this risk, the expansion seems to be more likely to happen than not. FIFA President Gianni Infantino appears to be convinced that the expansion can contribute to solving the diplomatic crisis that is ongoing in the region and stated on record that a preliminary survey showed that 90% of the member associations are in favour of the expansion. Indeed, the decision lies in their hands. They make up the members of the FIFA Congress, FIFA’s supreme body for decision-making, and each member association has one vote. While a number of associations and confederations already publicly announced their support of the expansion, there is still hope that other member associations or confederations remind FIFA of its human rights responsibilities and commitments by voting against it.


[i] For an overview of human rights issues linked to these countries, see Human Rights Watch (2019), “World Report 2018”. 

[ii] See for example Human Rights Committee CCPR/C/BHR/CO/1 (2018), “Concluding observations on the initial report of Bahrain”.

[iii] Human Rights Council A/HRC/29/25/Add.1 (2015), “Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai – Mission to Oman”, para 20 ff.

[iv] John G. Ruggie (2017), “’For the Game. For the World’ FIFA & Human Rights”, p. 32.

[v] FIFA (2017), “FIFA REGULATIONS for the selection of the venue for the final competition of the 2026 FIFA World Cup™”, Regulation 8.1 (ii).

[vi] Ibid., Regulation 8.2.

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